City of Little Rock Administrative Personnel Policy and Procedure Manual

h. Confidentiality of Test Results

Appointment or promotion to a position with the City will be made from qualified applicants based upon individual ability to perform the duties of the position.

2. Equal Employment Opportunity

Equal opportunity will be provided in all employment practices without unlawful discrimination based on race, color, religion, age, sex, national origin, a physical or mental disability, or other nonmerit factors.

3. Procedure for Filling Vacancies

a. Non-Uniformed Positions

The Department Director shall submit to the Human Resources Department an HR-1 form to request filling the vacancy. Requisitions for Assistant Department Director and above must be approved by the Director of Human Resources and the City Manager before the candidate search and/or referral process is initiated.

A determination to restrict recruitment to City employees or open simultaneously to the public will be made by the Human Resources Department and the Department Director. A request to restrict recruitment to City employees in a specific division or section must be approved by the Department Director and the Director of Human Resources.

The City will strive to fill vacancies by promotion of persons already employed by the City. Employees seeking promotions or other position change must submit an Application for Position Change form and compete in the selection process as announced. To be eligible to compete for a position announced as limited to City employees, applicants must be on the City's payroll during the internal advertisement/posting period and at the time of the job offer. Individuals who do not meet these criteria will be disqualified. Salary adjustments shall be accomplished as outlined in the Compensation Manual.

b. Job Announcement and Posting

If an appropriate eligibility list already exists, generally the vacancy will not be announced and posted. An eligibility list will be considered appropriate, if it is active and it was created for the target classification (same job specification and job description.)

If an appropriate eligibility list does not exist for a full-time regular or full-time limited service position, the vacancy shall be announced and posted. Position vacancies announced “open to the public” or “limited to City employees” shall normally be announced and posted in the Human Resources Department at least ten (10) business days prior to the closing date. However, with specific written approval of the Department Director and the Director of Human Resources, a job vacancy may be posted less than ten (10) business days prior to the closing date. All announcements for Civil Service positions shall be posted at least ten (10) business days.

Recent recruiting results and job market trends may necessitate that some positions be announced as “open until filled.” Consequently, the application period for such positions may be closed without notice.

Copies of the official announcement form for positions open to the public will be distributed to all City departments and as appropriate to public and private agencies, local colleges and universities, civic and community organizations, and other sources which provide recruitment resources. Additionally, these announcements will be placed on the Human Resources job line and on the City Internet homepage.

Department Directors shall ensure timely distribution and posting of job announcements on designated Department bulletin boards.

If the applicant pool for a vacant position is limited to current employees of one department, the announcement shall be sent to that department only.

A position vacancy for a regular full-time position (RFTP) may be announced and referred as “Limited to City Employees,” even if an existing “Open to the Public List” for the position exists.

c. Uniformed Positions (Police and Fire)

The procedure for filling uniformed Police and Fire entry-level vacancies is published in a procedure guideline specific to each classification.

The procedure for filling uniformed Police and Fire vacancies above entry level is prescribed in the Civil Service Commission Promotion Procedure Guidelines.

d. Job Vacancy Advertising

To ensure the accuracy and consistency of all forms of advertising designed to recruit applicants pursuant to a specific City job announcement, all employment advertising shall be reviewed and approved by the Human Resources Department before placement of such ads.

The hiring authority and Human Resources staff shall determine if the routine posting and distribution process (internal distribution of announcement, job line, City Internet homepage, and Central Arkansas distribution network) is appropriate.

Abbreviated local newspaper ads that include only job title and salary will be billed to the Human Resources Department. However, more detailed newspaper ads specific to the position and ads placed with “for fee” job posting services or journals will be billed to the hiring department.

4. Application for Employment, Promotion or Other Position Change

a. Individuals seeking employment with the City must complete and submit the specified application documents (as stated on the job announcement) to the Human Resources Department by the closing time on the closing date as stated on the job announcement. Persons in part-time or temporary positions applying for a full-time regular or full-time limited service position and persons applying for rehire must also provide these completed documents as stated on the job announcement.

b. Employees seeking promotion or other position changes must complete and submit to the Human Resources Department by 5:00 p.m. on the closing date a City of Little Rock application for position change and all other documents specified on the job announcement.

c. Applications and application documents shall not be accepted after the closing date and time stated on the job announcement. Incomplete applications and/or application packets which preclude the determination of qualifications by the Human Resources staff will result in disqualification. (NOTE: Standards relative to entry-level police officer recruiting may permit an opportunity to correct some omissions and deficiencies in the application process.) Only those documents (or portions thereof) received by 5:00 p.m. on the announced closing date shall be considered.

d. The hiring authority shall be responsible for verification of certificates, diplomas, licenses, education and experience of referred applicants.

e. Any deviation from this policy shall require specific written approval of the Director of Human Resources.

5. Employment Restrictions

a. Age Requirements

The minimum age for employment is eighteen (18) years except for Firefighter, Police Officer, Police Cadet and certain youth program positions:

Firefighter - No person shall be eligible for appointment/hire who has not arrived at the age of twenty-one (21) years or who has arrived at the age of thirty-two (32) years. Maximum age exception: any person who has at least two (2) years of previous experience as a paid firefighter with another fire department and whose years of experience as a paid firefighter when subtracted from the person's age leaves a remainder of not more than thirty-two (32) years shall be eligible.

Police Officer - No person shall be eligible for appointment/hire who has not arrived at the age of twenty-one (21) years or who is over the age of forty-five (45) years. Additionally, an applicant must be at least 21 years of age but less than 46 years of age on the date of the written test.

Police Cadet - Applicants must be seventeen and a half (17 1/2) to nineteen and a half (19 1/2) years of age.

Youth Programs - Applicants must be at least fourteen (14) years of age. Applicants below the age of 16 are not permitted to work in hazardous positions as defined by the Child Labor Laws of the State of Arkansas and must present an employment certificate before beginning work.

b. Immigration and Naturalization Service (INS) Requirements

All persons hired by the City must complete the INS I-9 Form prior to beginning employment and must present documentation of identity and employment eligibility in accordance with the federal guidelines. The Human Resources Department will be responsible for compliance with the employer requirements, including, the verification of the identity and employment eligibility documents, the I-9 completion process and maintenance of the required documents.

c. Citizenship

Applicants for a Police Officer position must be citizens of the United States before testing for the position of Police Officer.

d. Disqualification

Applicants shall be disqualified from competing in the selection process for any of the following reasons:

i. Falsification or misrepresentation of information on the application form or any employment related forms or documents.

ii. Improper influence; an attempt by the applicant himself or through others, with his knowledge, to influence a member of the Human Resources staff or the hiring authority to give an undue advantage or preferential rating.

iii. Misconduct or misrepresentation during the examination process, e.g., having another person impersonate him, using unauthorized aids or solicitation of aid from another applicant by copying from test papers or other documents.

iv. Conviction of a felony offense which is related to the position sought by the applicant.

v. Failure to submit by the closing date for applications any required application document as described in the job announcement.

vi. Failure to submit complete and accurate application documents.

vii. Applicant cannot be contacted after reasonable attempts to do so.

viii. Failure to complete all steps of the selection process.

If, after being hired, an investigation reveals a violation regarding any of the above factors, the employee may be dismissed from City employment and disqualified from applying for further employment with the City. Any waiver of these disqualifying factors shall require specific approval of the Human Resources Director.

e. Nepotism

This section sets forth the policy regarding the employment of relatives (nepotism) for all permanent and temporary employees of the City of Little Rock. It also addresses situations where such employees become involved in consensual social or economic relationships, which includes, but is not limited to, sharing the same residence or such as “dating.” The intent of the policy is to avoid conflicts of interest, morale problems, the possibility or appearance of favoritism, and the potential for emotional interference with job performance.

A conflict of interest is inherent if a familial or consensual relationship exists between an employee and any person for whom the employee has direct supervisory responsibility. Supervisory responsibility includes, but is not limited to, appraising the performance of subordinate employees, recommending salary increases and promotions, and taking or recommending disciplinary action. Any such conflict of interest affects the City’s obligation to provide equal treatment for all persons in the terms and conditions of employment.

i. No employee shall be hired, transferred, promoted, demoted or otherwise placed into a position under the immediate supervision of a relative. The term “relative” shall mean all persons related by blood, spouse’s blood relatives, legal adoptions and guardianships.

ii. No employee shall be hired, transferred, promoted, demoted or otherwise placed into a position under the immediate supervision of an employee living with the subordinate employee in a spousal relationship, though unmarried, or engaged in a consensual social relationship, such as “dating.”

iii. In the event a person becomes a relative of, or becomes involved in a consensual relationship as described above, an employee who has supervisory responsibility over such person, the following steps shall occur:

a. The persons in such a relationship must report it to their supervisor, who shall report it to the Department Director. The Department Director shall report it to the Director of Human Resources who, in conjunction with the Department Director, shall consult and determine the best approach to resolving any potential conflicts. The resolution may involve any action which will further the intent of this policy. Failure to report a relationship as required may result in disciplinary action.

b All cases in which relatives of present employees are considered for placement shall be reviewed by the Director of Human Resources prior to such placement.

c. The Director of Human Resources shall prepare and retain a report that specifies the appropriate action taken pursuant to this policy, which shall note any specific action taken to eliminate any potential conflict of interest.

iv. All reports generated pursuant to this policy shall remain confidential, to the extent permitted by Arkansas and federal law, but may be disclosed as evidence in the process of investigating sexual harassment or sexual discrimination complaints.

v. All employees should note that relationships must not affect their work and a professional image and behavior must be maintained at all times.

f. Outside Employment

An employee is prohibited from engaging in any business, trade, occupation, or profession which would interfere with the satisfactory performance of his job duties, reflect badly on the City, discredit the employee, or represent a conflict of interest. Employees shall recognize the City as the primary employer and request approval from their supervisor prior to seeking outside employment. An Employee can be directed to terminate outside employment if it interferes with his City job.

6. Methods of Assessment

a. Assessment of an applicant's qualifications shall be based on valid job related factors which may include experience, training, demonstrated ability, knowledge, skills, education, and physical fitness.

b. Any of the following instruments may be used as selection devices in a competitive examination process:

Written test
Performance or work sample test
Application or resume' evaluation
Interview
Evaluation of training and experience based on specific information reported by the applicant
Psychological evaluation*
Physical abilities examination
Medical examination*
Background and reference checks
Other valid predictors of job performance

*Examinations to be conducted after an offer of employment has been made.

7. Examinations

a. For the purposes of this procedure, any instrument or procedure which is used to evaluate, assess, rank, or compare an applicant's qualifications for a position shall be considered an employment examination.

b. Examinations and selection procedures shall comply with Federal Law prohibiting employment practices which discriminate on the grounds of race, color, religion, sex, national origin, age, or mental or physical disability. Examinations and selection procedures shall be professionally developed and utilized in accordance with the Federal Uniform Guidelines on Employee Selection (FUGES) and the guidelines of the American Psychological Association (APA) to the extent that the APA Guidelines do not conflict with the FUGES.

c. The Director of Human Resources shall ensure that the selection procedures are consistent with applicable legal and validation standards.

d. Any City employee (full-time, part-time, or temporary) may take City administered employment tests during work hours. No leave shall be charged to an employee for the time required to travel to and from the test site and the time required to take the test. However, before the closing date for applications for the position, the employee must notify his supervisor of his intent to take the test.

If an employee is off-duty or on leave at the time the examination is scheduled to be administered, he must take the test at the scheduled time. The time required to take a test while off-duty or on leave shall not be considered time worked.

i. Emergency at Time of City Administered Test (Nonuniformed Positions)

In an emergency that requires the presence of the employee at the work site, a supervisor may delay or prohibit an employee from leaving the work site. However, the decision to delay or prohibit an employee from leaving the work site shall not be simply a matter of convenience.

In some cases, an alternate test session can be arranged. The Department Director or designee shall notify the Director of Human Resources or designee prior to the scheduled test time, if possible, to discuss the emergency situation and the possibility of an alternate test date/time for the employee. After reviewing the “emergency situation” as well as the security and logistical factors of rescheduling the test, the Director of Human Resources will determine if an alternate test date/time is appropriate in this specific situation.

Except in emergency situations where the supervisor specifically delays or prohibits the employee from leaving the work site, the employee shall be responsible for arrival at the designated time. There will be no grace period regardless of circumstances.

ii. Emergency at Time of City Administered Test (Uniformed Position)

Refer to Civil Service Commission Promotion Procedure Guidelines for Uniformed Police and Fire Personnel.

e. Test Accommodation – The City will consider special arrangements to accommodate an applicant’s disability during the application and selection process, including employment testing. If an accommodation is needed, the applicant is requested to identify the specific accommodation and provide supporting documentation from an appropriate specialist at least 48 hours prior to the time the accommodation is needed.

8. Notice of Examination Results/Review of Examination Papers

a. Applicants who complete the prescribed examination process will be notified of their examination results.

b. Examination results will be forwarded to the applicant using the address listed on his employment application form, unless otherwise indicated.

c. Examination booklets, except those developed by the Human Resources staff for uniformed Fire and Police promotions, shall not be available for review. Employment Division staff will meet by appointment with applicants to discuss examination results.

d. Complaints or alleged errors relating to the scoring of written examinations or other selection instruments must be in writing and submitted within 30 business days of notification to the Director of Human Resources. Review and appeal procedures related to the promotion process for uniformed Fire and Police positions are prescribed in the Civil Service Promotion Procedures Guidelines.

9. Repeated Participation in an Examination

a. Generally, there is no restriction on the number of times an applicant may take City employment tests. Restrictions, if applicable, will be announced. However, applicants may not take the entry-level Police Officer test more often than once in a 12-month period.

b. Where specifically authorized by the Director of Human Resources or dictated by written examination protocol, an applicant will be permitted to use his previous test score for competitive purposes for the same or a similar position.

10. Referral of Applicants

a. Based on the results of the assessments referred to in item 6. above, an eligibility list will be established for the specified position. Eligibility lists for Civil Service positions shall be in effect for one (1) year from the date of certification. Eligibility lists for non-Civil Service positions shall be in effect for six (6) months from the date of initial referral and may be extended up to six (6) additional months at the discretion of the department director. Non-Civil Service lists may be abolished by the written approval of the Director of Human Resources and the department director. Maintenance of Civil Service lists is governed by the Rules and Regulations of the Little Rock Civil Service Commission.

b. Based on the results of the assessment process, applicants will be referred to the hiring authority. For some positions, all qualified applicants for the position may be referred to the hiring authority for further consideration; for others, applicants may be referred in clusters or absolute ranking. Except where mandated by Civil Service statutes or policies, Employment Division staff in consultation with the department director or designee before announcement of position shall determine whether to refer only the highest ranked applicants or all applicants who meet the minimum qualifications.

c. The applicant pool for an “open until filled” position announcement shall be reviewed and evaluated on a pre-determined schedule (not more often than once per week). Pursuant to the review, candidates may be added to the eligibility list. Candidates shall be removed from the list if not hired within six months of referral.

d. Pursuant to the referral of candidates, the hiring authority shall verify the preliminary assessment of the candidates’ experience, training, licenses etc. The hiring authority is encouraged to interview referred candidates to enhance the evaluation of qualifications.

e. The Department Director shall ensure that all procedures outlined in the Referral List Cover Sheet (Form PE89) are completed before the effective date of the selection or promotion.

11. Medical Evaluation - Pre-Employment/Status Change

a. Purpose

The purpose of this policy is to establish uniform procedures governing the administration of the pre-employment/pre-status change medical evaluation program. The purpose of the medical evaluation is to assess the ability of an applicant to perform effectively and safely the essential job functions of the job offered.

b. Definitions

Physically Demanding Position - A position that requires one or more of the following physical behaviors as an essential job function: 1) lifting, pushing, pulling or carrying 40 pounds or more, 2) operation of earth moving equipment or commercial motor vehicles, 3) operation of work tools or equipment e.g. chain saws, axes, shovels, lawn mowers, 4) stooping, bending, twisting, or reaching out in unusual positions, 5) climbing or running, 6) working above ground or floor level, 7) work in a relatively high average degree of temperature, 8) work requires considerable physical exertion or considerable physical activity of the whole body over a long period of time.

Medical Examination - Medical procedures, tests and assessments performed by, or under the direction of, a licensed physician.

City Physician - A licensed physician contracted to, or working for a medical facility which is contracted to, perform medical examinations for the City.

Pre-Employment - Activities occurring before the applicant is placed on the payroll or before an applicant’s status change has been finalized.

Status Change - Status change refers to personnel actions, including promotion, demotion, lateral transfer, and hire.

City - The City of Little Rock

Hiring Authority - A supervisor with the authority to make an offer of employment to an applicant.

Non-Uniform Positions - All City positions EXCEPT Police Officer, Police Sergeant, Police Lieutenant, Police Captain, Assistant Police Chief, Police Chief, and Firefighter, Firefighter/Driver, Fire Captain, District Fire Chief, Assistant Fire Chief, and Fire Chief.

c. Responsibility

The responsibility for the administration of the pre-employment medical evaluation program rests with the Director of Human Resources. Medical evaluations will be job related and the job relatedness will be evidenced by job descriptions which support the medical examination as a business necessity.

The Director of Human Resources shall be responsible for determining which positions are subject to pre-employment medical evaluations pursuant to this policy.

Department Directors shall ensure departmental compliance with these policies and procedures.

d. Scope

A pre-employment/status change medical examination by the City physician is required following a conditional offer of employment for any of the following positions:

i. Public safety related positions - entry level Police Officer and Firefighter Probation Officer and Police Cadet. Exception: The applicant successfully completed a City pre-employment/status change medical examination for a public safety position within the last three months prior to the anticipated effective hire date for the public safety position.

ii. All physically demanding regular full-time and limited service full-time positions. Exception 1: The applicant successfully completed a City pre-employment/status change medical examination within the last three months prior to the anticipated effective hire date in the new position. Exception 2: The applicant is a full-time regular or limited service City employee currently holding a position which requires a pre-employment medical examination.

iii. All physically demanding part-time and/or temporary positions, IF the medical history questionnaire completed at the time of sign-up, reveals a past or present medical condition which requires a medical examination.

e. Medical Examination Procedures (all covered positions EXCEPT entry level Police Officer and Firefighter)

i. At the time of the conditional offer of employment, or during the pre-offer interview, the hiring authority shall inform the applicant that a pre-employment/status change medical examination will be required for the position being offered. NOTE: The Americans with Disabilities Act (ADA) prohibits medical related questions prior to an offer of employment.

ii. Following a conditional offer of employment in a position requiring a pre-employment/status change medical examination, the hiring authority shall contact the Human Resources Department (Employment Division) to schedule an appointment for the examination.

iii. The hiring authority will:

Notify the applicant of the scheduled date and time of the appointment and the identification requirements.
Advise the candidate to report to the Human Resources Department at least 30 minutes prior to the appointment time to (1) sign and obtain a copy of official authorization forms, (2) obtain specific information about the location of the doctor’s office.
Inform the applicant that failure to present himself for the examination, with the appropriate Human Resources Department authorization forms and acceptable picture identification, within 30 minutes of the scheduled appointment time may result in immediate disqualification.

iv. If an applicant does not present himself at the physician’s office within 30 minutes of the scheduled appointment, with acceptable identification, he shall be immediately disqualified unless an acceptable documented reason is provided and approved in writing by the Department Director and the Human Resources Director. Only extraordinary circumstances will be considered as a basis for rescheduling the appointment. Such circumstances must be verified by the hiring authority before requesting the physical examination to be rescheduled. Circumstances which cannot be verified shall not be considered.

v. The medical examination results will be reported to the Employment Division of the Human Resources Department. The hiring authority will be notified of the results by the appropriate Human Resources Department representative (hiring authorities shall not contact the medical facility directly regarding pre-employment/status change medical examinations).

vi. No applicant for any position which requires a pre-employment/status change medical examination shall be permitted to begin work prior to authorization from the Human Resources Department.

vii. Pursuant to authorization from Human Resources, the hiring authority will notify the applicant of medical clearance and schedule the date and time to report to work.

viii. If the applicant is not cleared medically for employment, the hiring authority will notify the applicant accordingly and will withdraw the offer of employment.

f. Medical Examination Procedures (Entry level Police and Fire positions)

i. Approximately 30 business days before the medical examinations will be needed, the Police/Fire Department designee shall request the Employment Division of the Human Resources Department to schedule a specified number of appointments for examinations.

ii. The Human Resources Department shall arrange the appointment schedule and report the appointment times and dates to the department designee.

iii. At the time of the conditional offer of employment, or during the pre-offer interview, the hiring authority shall remind the applicant that a pre-employment medical examination is required for the position being offered. (NOTE: (1) Job announcements and test information packets shall include notice that a medical examination is required for entry level Police Officer and Firefighter positions, and (2) the ADA prohibits medical related questions prior to an offer of employment.)

iv. The department designee will:

(See e. iii. above.)

v. (See e.iv. above.)

vi. The medical examination results will be reported to the Employment Division of the Human Resources Department. The original report shall be maintained by the Employment Division and a copy will be forwarded to the department designee. (NOTE: Hiring authorities shall not contact the medical facility directly regarding pre-employment medical examinations).

vii. No applicant for any position which requires a pre-employment/status change medical examination shall be permitted to begin work prior to authorization from the Human Resources Department.

viii. If the applicant is cleared medically for employment, the department designee will notify the applicant accordingly and schedule the date and time to report to the training academy.

ix. If the applicant is not cleared medically for employment, the hiring authority will notify the applicant accordingly and will withdraw the offer of employment.

g. Confidentiality of Test Results

i. All pre-employment medical examination results will be maintained in a locked file in the Human Resources Department, separate from the applicant’s personnel file. Access to medical records will be routinely limited to the Employment Specialist, Human Resources Clerk and the Employment Services Manager. Such files will be available on a need-to-know-basis to the hiring authority, Department Director, Director of Human Resources and other City staff, e.g., City Attorney and Safety/Loss Control Specialist. A copy will be provided to and secured by the Police Department.

ii. Disclosure of pre-employment/status change medical records to any person, agency, or organization not specified in the preceding paragraph is prohibited unless a written authorization and release is obtained from the subject of the examination.

iii. With reasonable advance notice, an applicant/employee may review his pre-employment/status change medical records.

h. Cost

Pre-employment/status change medical examinations shall be conducted at the medical facility indicated on the authorization form and shall be at the City’s expense.

i. Refusal to Submit

An offer of employment will be withdrawn if the applicant refuses to submit to the medical examination or any portion thereof.

j. Falsification or Omission of Medical Information

An offer of employment will be withdrawn if it is determined that an applicant falsified or omitted pertinent medical information. If the individual is already employed with the City, he may be disciplined, up to and including termination of employment.

k. Application for Employment if Medical Examination Not Passed

An offer of employment will be withdrawn if the applicant does not pass the medical examination. However, such medical results will not preclude an individual’s opportunity to apply for, and be considered for, any other announced position for which he meets all requirements. If an applicant who previously failed a City pre-employment examination is selected for hire in another position that requires a pre-employment medical examination, the applicant must submit to and pass another medical examination before employment.

12. New Employee Enrollment

a. All persons selected for initial employment and persons moving from part-time or temporary status to regular full-time or limited service full-time status shall report to the Human Resources Department prior to beginning work to complete the “sign-up” process for new employees. The forms may be completed in the Human Resources Department during regular work hours, 7:30 a.m. to 5:00 p.m., Monday through Thursday and 7:30 a.m. to 4:00 p.m. on Friday.

Persons selected for promotion from one regular full-time or limited service full-time position to another may be required to report to the Human Resources Department prior to beginning work in the new position. Contact the Employment or Benefits Divisions for guidance in this situation.

b. To ensure the efficient utilization of staff and that everything is in order to proceed with enrollment, hiring authorities are requested to schedule an appointment (371-4590) for the sign-up process for regular full-time positions, limited service full-time positions and large groups (5 or more) for part-time or temporary positions. Medical, psychological and drug screen reports, if applicable, must be received and the applicant must be confirmed as passing before enrollment begins (see Section I, item 11.d. Medical Evaluations and Section I, item 17.c. and d. Drug Testing). Additionally, the completed referral packet, including disposition forms for all referred applicants must be received in the Human Resources Department before enrollment begins, unless otherwise approved by the Employment Services Manager. (EXCEPTION: Referral packets are not utilized for uniformed positions and part-time or temporary positions.)

c. All new employees must complete tax withholding, benefit enrollment, and INS I-9 forms and provide acceptable documentation of identity and employment eligibility. For administrative tax reasons, all new employees must present acceptable proof of their Social Security number. Proof of Social Security number for administrative tax reasons (not for INS reasons) may be in the form of a recent tax return if a Social Security card is not presented. Check stubs from other employers are not considered a suitable substitute.

d. Any employee required to operate a motor vehicle must present an appropriate valid vehicle operator's license.

e. Proof of all licenses and/or certifications required prior to employment (see relevant job specification) must be documented before enrollment is complete and an Authorization to Begin Work form is issued. If the job specification provides a “grace period” to obtain the license/certification and the employee does not possess said documents at the time of hire, the employee and the supervisor will be provided written notification of the deadline for providing the documents. The Department Director shall ensure that the employee obtains the required license during the grace period and maintains such license.

f. Failure to provide required licenses and/or certificates within the specified “grace period” shall result in termination of employment or demotion or transfer to a position that does not require the license. The department director shall have the discretion to determine which action is appropriate.

g. Upon completion of the employee enrollment process an "Authorization to Begin Work" form shall be issued. The new employee shall present this form to the supervisor immediately upon return to the work station.

h. No department shall permit an employee to begin work without the "Authorization to Begin Work" form, unless an exception has been granted by the Human Resources Director.

13. Types of Appointment

Regular employment, although anticipated to be continuous, may be terminated by the City for reasons including but not limited to: financial cutback, reorganization and just cause.

Employees will be appointed to positions within the following categories:

a. Regular Positions

i. Regular Full-Time Position (RFTP)

An employee who is appointed to a position in this category is regularly scheduled to work a minimum of forty (40) hours in a workweek. He will be entitled to all benefits the City offers, and will have access to procedures to appeal disciplinary actions following the post-hire probation except for Department Directors and Assistant City Managers hired after July 1, 2002, who are at-will employees serving at the pleasure of the City Manager, and who may be terminated at any time with or without cause.

ii. Regular Civil Service Position (RCSP)

An employee who is appointed to a position in this category is regularly scheduled to work a minimum of forty (40) hours in a workweek. Civil Service employees are subject to the Rules and Regulations of the Little Rock Civil Service Commission and Arkansas State Civil Service Law. He will be entitled to all benefits the City offers, and will have access to procedures to appeal disciplinary actions following the post-hire probation.

iii. Regular Part-Time Position (RPTP)

An employee who is appointed to a position in this category is scheduled to work only a part of the workweek, and shall not exceed thirty-five (35) hours on a regular basis. He will have access to procedures to appeal disciplinary actions following the post-hire probation, and he will be entitled to limited benefits (See Section IV Leaves) as outlined in these policies, if he has worked 1500 hours or more during the year.

b. Limited Service Positions (LSP) are funded by a specific limited source such as grants or bond issues.

i. Limited Service Position Full-Time (LSPF)

An employee who is appointed to a position in this category is scheduled to work regularly a minimum of forty (40) hours in a workweek. He will have access to procedures to appeal disciplinary actions following the post-hire probation, and he will be entitled to all benefits the City offers, if funding is available.

ii. Limited Service Position Part-Time (LSPP)

An employee who is appointed to a position in this category is scheduled to work only a part of the workweek, and shall not exceed thirty-five (35) hours on a regular basis. He will have access to procedures to appeal disciplinary actions following the post-hire probation, and he will be entitled to limited benefits (See Section IV Leaves) as outlined in these policies, if he has worked 1500 hours or more during the year.

c. Temporary Authorized Position (TAP)

i. Temporary Authorized Position Full-Time (TAPF)

ii. Temporary Authorized Position Part-Time (TAPP)

An employee who is appointed to a position in this category is scheduled to work full-time or part-time for a designated length of time, not to exceed 240 days in a calendar year. Employees in this category are not eligible for benefits and do not have access to procedures to appeal disciplinary actions.

d. Temporary Emergency Position (TEP)

i. Temporary Emergency Position Full-Time (TEPF)

ii. Temporary Emergency Position Part-Time (TEPP)

An employee who is appointed to a position in this category is scheduled to work full-time or part-time for the duration of an emergency, not to exceed a budget year. Employees in this category are not eligible for benefits, and do not have access to procedures to appeal disciplinary actions.

e. Employees in RPTP, TAPP, TEPP, LSPP, TAPF and TEPF positions will receive holiday pay if they work thirty-two (32) hours during the week in which the holiday is observed, and have been in pay status for at least five (5) hours of the scheduled work shift immediately preceding a holiday and at least five (5) hours of the scheduled work shift immediately following the holiday.

f. The entry salary for employees who move from part-time (RPTP, LSPP, TAPP or TEPP) positions or temporary full-time (TAPF or TEPF) positions to regular (RFTP or RCSP) or limited service full-time (LSPF) positions shall comply with the new hire salary policy.

14. Probation

a. Nonuniform employees hired shall be considered in probationary status for the duration of six (6) months. The probationary period may be extended up to ninety (90) days for reasons of illness, injury or extraordinary circumstance affecting the employee's performance. Extension of probationary status must be approved by the Director of Human Resources. During the probationary period, employees are serving at-will and may be discharged at anytime.

b. If regular status is not being granted, no fewer than seven (7) calendar days prior to the completion of the probationary period, the Department Director shall advise the employee and inform the Director of Human Resources.

c. Uniform employees shall be considered in probationary status for the first year of employment.

d. Employees promoted or transferred shall be considered in probationary status for a six (6) month period for performance only. The probationary status shall not affect their leave accrual or usage. Promoted employees on probation do not have access to procedures to appeal disciplinary actions less than termination of employment.

15. Conditions of Employment

a. Hours of Work

Department Directors, with prior approval from the City Manager, may change or adjust hours of work to provide the best service to the community, safer working conditions, and increased productivity.

Employees in the nonuniform services, except employees in the Office of Emergency Services, shall be granted a nonpaid mealtime of not less than thirty (30) minutes and two (2) paid rest periods of fifteen (15) minutes each when working a full shift.

Part-time employees will be provided one (1) paid rest period for every four (4) hours they are scheduled to work.

Supervisors will designate such times for each employee. Uniform service employees will have meal periods as established by departmental rules. Employees in the Office of Emergency Services will have meal and rest periods as established by departmental rules.

b. Attendance

Employees are expected to be at their worksite on time and to work the number of hours scheduled. Unnecessary absences or tardiness result in hardships on other employees and will not be tolerated. Employees who are absent or tardy without authorization shall not be paid for lost time; they shall be carried as unauthorized absent (UA). Recurring UA will lead to disciplinary actions, up to and including termination of employment.

c. Paychecks

The City operates a biweekly pay system, and employees receive a paycheck, showing itemized statements of earnings and deductions, every other Friday. Should payday fall on a holiday, paychecks will be issued the preceding day.

In addition, employees may elect Direct Payroll Deposit by authorizing the Finance Department/Payroll Division to deposit their earnings directly into an account at a financial institution of their choosing.

d. Certain job classifications require specific technical licenses, certifications etc. to perform the essential functions of the position. These technical requirements are typically described in the “Additional Requirements” section of the Job Specification for the class of jobs. Employees are expected to maintain all “Additional Requirements” (as stated on the job specification) for the duration of their employment in the classification. Failure to maintain the additional requirement may result in termination of employment.

16. Reasonable Accommodation

To ensure compliance with the Americans with Disabilities Act (ADA), the City is committed to making a reasonable accommodation for the known physical or mental limitation(s) of a qualified candidate or employee with a disability unless the accommodation would cause an undue hardship on the operation of the City. The City complies with the ADA in making all employment decisions.

a. Definitions:

i. Reasonable Accommodation - A modification or adjustment to a job, an employment practice or the work environment which can be accomplished without undue hardship and which would enable an otherwise qualified individual with a disability to perform the job. Reasonable accommodation also includes adjustments or modifications to assure that a qualified individual with a disability has rights and privileges in employment equal to those of non-disabled employees.

ii. Qualified Individual with a Disability - A person with a disability who satisfies the requisite skill, experience, education, or other job related requirements of the position that such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.

iii. Essential Functions - The basic and fundamental job duties that an employee must be able to perform with or without reasonable accommodation.

iv. Disability - A physical or mental impairment which substantially limits a "major life activity, a record of having such impairment, or the perception of being impaired." Major life activities include, but are not limited to seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working.

v. Undue Hardship - Any action that is unduly costly, extensive, substantial, disruptive or that would fundamentally alter the nature or operation of the organization.

b. Requesting Reasonable Accommodation

i. An employee in a full-time or part-time position must inform his supervisor that some adjustment or change to a job is needed because of the limitations caused by a disability.

A referred candidate for a full-time or part-time position must inform the hiring authority that some adjustment or change to a job is needed because of the limitations caused by a disability.

Interviewers shall not directly or indirectly ask questions about an individual’s (applicant or employee) disability. If an applicant’s disability is evident, the interviewer may ask whether the candidate will need a reasonable accommodation to perform essential job functions. If the answer is yes, the Reasonable Accommodation request form should be provided.

This initial notification may be made orally or in writing by an employee to his supervisor or by a candidate to the hiring authority.

ii. Once the supervisor or hiring authority has been notified (either orally or in writing) by a qualified candidate or employee with a disability that some adjustment or change is needed to the job because of his limitations, the supervisor shall provide a Reasonable Accommodation Request Form to the individual for completion. Request forms may be obtained from the Human Resources Department.

iii. The form must be completed and returned to the supervisor/hiring authority. No action shall be taken regarding the matter until the completed form has been submitted and processed through the Department Director. Note: Supervisors shall assist the candidate or employee in completing the form, if requested.

iv. The supervisor/hiring authority shall:

(a) review the request,

(b) gather pertinent information including equipment needed, modifications needed, potential sources for equipment and/or technology,

(c) determine an agency or organization which may be able to assist in the evaluation and implementation of an accommodation,

(d) clarify all aspects of the request, including estimated cost.

The results of this review and information gathering process should be forwarded to the Department Director within ten (10) workdays of receipt of the Reasonable Accommodation Request form.

v. Accommodations which involve an expense of less than $250 may be approved by the Department Director. However, a proposal to deny a reasonable accommodation request must be decided by the Reasonable Accommodation Review Committee. Accommodation requests approved at the Department Director level or referred to the Committee shall be reported in memorandum form to the Director of Human Resources within ten (10) workdays of receipt of the request by the Department Director. Proposals to deny requests must be supported by documentation that such accommodation would create an undue hardship. Department Directors shall ensure that other relevant departments are consulted prior to the approval or denial of a request.

vi. Accommodations involving an expense greater than $250 or an accommodation request beyond the Department Director’s authority must be submitted by the Department Director with a recommendation to the Accommodation Review Committee (c/o Director of Human Resources) within ten (10) workdays of receipt of the request by the Department Director.

vii. The Accommodation Review Committee shall review pertinent information and render a decision within ten (10) workdays from the receipt of request related to:

All requests which involve an expense greater than $250,
Any request beyond the Department Director’s authority, and all proposals to deny (any dollar amount) accommodation

Note: The Department Director or the Accommodation Review Committee may extend the ten workday time frame by written notice to the requester.

The Accommodation Review Committee shall consist of the City of Little Rock ADA Coordinator and Department Directors or designees from the following departments:

Originating Department
City Attorney
Human Resources

viii. The Human Resources Department shall maintain files of all Reasonable Accommodation Requests, including those for accommodations which involve an expense of less than $250.

17. Drug and Alcohol Testing - Pre-Employment/Pre-Status Change (Hereafter Referred to as “Pre-Employment”)

The City of Little Rock (City) is committed to the safety and well-being of its employees and the public. It is the City’s intent to ensure that employees perform all city-related job duties without the presence of alcohol, illegal drugs or inappropriately used legal drugs in their systems. As an integral part of this effort, it is the City’s policy to conduct pre-employment drug and alcohol testing for those applicants offered employment to positions specified in this policy.

a. Definitions:

i. City - The City of Little Rock.

ii. Hiring Authority - A supervisor with the authority to make an offer of employment to an applicant.

iii. Illegal Drugs - Illegal drugs include those controlled substances under federal or state law which are not authorized for sale, possession, or use and legal drugs which are obtained, distributed or used illegally.

iv. Legal Drugs - Legal drugs include alcohol, medications prescribed by a physician, and over-the-counter medications used legally. Even though these drugs may be considered legal, the unlawful use of such drugs will not be tolerated.

v. MRO (Medical Review Officer) – Medical professional qualified to interpret drug test results.

vi. Positive Pre-Employment Drug Test – Applicant’s specimen contained an illegal drug or legal drug used illegally.

vii. Pre-Employment - Activities occurring before the applicant is placed on the payroll or before an applicant’s status change has been finalized.

viii. Status Change - Status change refers to personnel actions, including promotion, demotion, lateral transfer, hire from part-time or temporary to full-time.

b. Responsibility

The responsibility for the administration of the pre-employment drug and alcohol testing program rests with the Director of Human Resources. Drug and alcohol testing will be job related and the job relatedness will be evidenced by job descriptions (job duty questionnaires for part-time and temporary positions) which support the drug and alcohol test as a business necessity.

The Director of Human Resources shall be responsible for determining which positions are subject to pre-employment drug and alcohol testing pursuant to this policy.

Department Directors shall ensure departmental compliance with these policies and procedures.

c. Scope (Positions Involved)

Pre-employment drug and alcohol* testing is required, prior to employment, for applicants offered employment for the following positions:

i. Public Safety Related Positions (Police Officer, Firefighter, Municipal Court personnel, and Office of Emergency Services personnel)

ii. Positions requiring a Commercial Driver’s License (CDL)* (see Section X of this manual)

iii. Other safety or security sensitive positions which involve one of the following: 1) frequent operation of vehicles; 2) frequent operation of motorized equipment, such as tractors, chain saws, and lawn mowers; 3) regular exposure to dangerous working conditions; 4) duties requiring continuous or frequent periods of high concentration and/or focused sensory attention, e.g., lifeguard; 5) security sensitive as determined by the City Attorney’s Office.

iv. Positions covered by the Drug Free Workplace Act

*The pre-employment drug test for CDL positions shall not include testing for alcohol use.

d. Scope (Applicants Involved)

Drug and alcohol testing is required, prior to assuming the duties of the new position in the following circumstances:

i. A current part-time or temporary employee offered employment for a full-time position which requires drug and alcohol testing. Exception: The part-time/temporary employee was negative on a City Pre-Employment Drug Test within the last three months prior to the anticipated effective hire date in the new position.

ii. An applicant offered employment for any position requiring a CDL.* Exception: A person currently possessing a CDL and holding a position with the City that requires a CDL. (See Section X for further information.)

iii. An applicant offered employment for a public safety position (as described in c. above). Exception: A person is currently a City employee and was negative on a pre-employment drug and alcohol test for a non-CDL City position within the last three months prior to the anticipated effective hire date for the public safety position.

iv. An applicant offered employment for a safety sensitive position (as described in c. above) or a position covered by the Drug Free Workplace Act. Exception 1: Any City employee (part-time, temporary, or regular) who was negative on a City pre-employment drug and alcohol test within the last three months prior to the anticipated effective hire date in the new position. Exception 2: Any full-time regular City employee currently holding a position which requires a pre-employment drug and alcohol test.

*The pre-employment drug test for CDL positions shall not include testing for alcohol use.

e. Pre-employment Drug Testing Program (Non-CDL)

Pre-employment drug testing is conducted by analyzing an applicant’s urine specimen. The specimen will be analyzed, at a minimum, for the following: amphetamines, methamphetamines, cocaine, marijuana/ cannabinoids, opiates, phencyclidine, and ethanol (ethanol will not be screened for CDL positions). The program will conform to the following standards:

Strict chain-of-custody procedures. The applicant privately (unless otherwise warranted based on a previous drug test) provides a urine specimen at a local collection site. The “collector” (i.e., nurse, lab technician) seals and labels the specimen, completes a chain of custody document, and prepares the specimen and accompanying paperwork for shipment to a drug testing laboratory. Strict chain-of-custody techniques are used during the collection and testing procedures to ensure that the specimen’s security, proper identification and integrity are not compromised.
All samples will be screened by the EMIT (i.e., immunoassay) method and all positive samples will be confirmed by gas chromatography/mass spectrometry (GC/MS) analysis.
Quality assurance of test results through the use of certified laboratories.
A MRO will review and interpret confirmed positive test results (City officials will have no discretion in interpreting test results).

f. Procedures (CDL and Non-CDL Positions)

See Section X of this manual for additional information regarding CDL positions.

i. At the time of the offer of employment, or during the pre-offer interview, the hiring authority shall inform the applicant that a pre-employment drug and alcohol test will be required for the position being offered (no alcohol test for CDL positions).

ii. Following a conditional offer of employment to a position requiring a drug and/or alcohol test, the hiring authority shall contact the Human Resources Department (Employment Division) to schedule an appointment for the test.

iii. The hiring authority will:

Notify the applicant of the assigned date of the drug and/or alcohol test and the identification requirements.
Advise the candidate to report to the Human Resources Department on the assigned date to (1) sign and obtain a copy of official authorization forms, (2) obtain specific information about the location of the collection site and identification requirements and (3) information about drug test procedures.
Inform the applicant that failure to present himself at the collection site, with the appropriate Human Resources Department authorization forms and acceptable picture identification on the date indicated on the authorization form, may result in disqualification.

iv. If an applicant does not present himself at the collection site with acceptable identification, he shall be disqualified unless an acceptable reason is provided and approved in writing by the Department Director and the Human Resources Director. Only extraordinary circumstances will be considered as a basis for rescheduling the appointment. Such circumstances must be verified by the hiring authority before requesting the drug test be rescheduled. Circumstances which cannot be verified shall not be considered. Appointments must be rescheduled for screening within 24 hours (Friday appointments cannot be rescheduled.) EXCEPTION: At the discretion of the Department Director, testing may be delayed more than 24 hours if the candidate (or an immediate family member) is hospitalized or sick and such extreme circumstances have been adequately verified and submitted in writing to the Human Resources Department via the hiring authority.

v. The drug test results will be reported to the Employment Division of the Human Resources Department. The hiring authority will be notified of the results by the appropriate Human Resources Department representative (hiring authorities shall not contact the medical facility directly regarding pre-employment drug and alcohol tests).

vi. No applicant for any position which requires a drug and/or alcohol pre-employment test shall be permitted to begin work prior to the Human Resources Department notifying the hiring authority that the applicant’s test results are acceptable.

vii. If the drug and alcohol test is negative and the applicant meets all other employment requirements, the hiring authority will notify the applicant accordingly and schedule the date and time to report to work.

viii. If the drug and alcohol test results are positive, the hiring authority will notify the applicant accordingly and will withdraw the offer of employment.

g. Positive Drug and/or Alcohol Test Results

i. Confirmed positive pre-employment drug and/or alcohol test results will result in the withdrawal of the offer of employment and removal from the eligibility list. The applicant will be notified in writing of a confirmed positive drug and/or alcohol test result.

ii. Candidates will be permitted an opportunity to provide information to the Medical Review Officer (MRO) concerning a legitimate explanation for a confirmed positive test. If the MRO concludes that the candidate has a legitimate explanation for the positive test result, the MRO must declare the test to be negative.

iii. An applicant with a confirmed positive drug and/or alcohol test result may request that additional analysis by another laboratory be conducted at his own expense. For non-CDL positions, the reanalysis may be conducted utilizing the original specimen or a split specimen; additional/new specimen samples will not be accepted. For CDL positions, the applicant may request that the split specimen be analyzed; additional/new specimen samples will not be accepted.

A request for additional analysis of the specimen, must be made in writing to the MRO within 72 hours of being informed of the confirmed positive test result. The applicant must select a laboratory from a list of approved laboratories supplied by the MRO. The cost of such independent laboratory verification testing and the arrangements to conclude the testing shall be the responsibility of the applicant working with the MRO.

iv. Disciplinary Action

An employee who completes a drug and/or alcohol test pursuant to this policy and is determined to be positive for illegal drugs or alcohol, or legal drugs used illegally, will be subject to disciplinary action up to and including termination of employment. (See Section V of this manual regarding disciplinary actions, appeals, and grievances.)

i. Pre-employment drug and/or alcohol test results will be maintained in a secure location in the Human Resources Department, separate from the applicant’s personnel file. Access to the information in the file will normally be limited to the Employment Specialist and the Employment Services Manager. The information will be available to the hiring authority, Department Director, and other Human Resources Department and City officials on a need-to-know basis.

ii. Disclosure of drug and/or alcohol test results to any other person, agency, or organization not specified in the preceding paragraph is prohibited unless a written authorization and release is obtained from the subject of the test.

i. Cost

Pre-employment drug and/or alcohol tests shall be conducted at the collection site indicated on the authorization form and shall be at the City’s expense.

j. Refusal to Submit

An offer of employment will be withdrawn if the applicant refuses to submit to the pre-employment drug and/or alcohol testing. If the individual is already employed with the City he may be disciplined, up to and including termination of employment.

k. Attempt to Alter Test Results

An offer of employment will be withdrawn if the applicant attempts to alter, or if the evidence indicates that the person was attempting to alter, the drug and/or alcohol test results. If the individual is already employed with the City he may be disciplined, up to and including termination of employment

l. Application for Employment after a Positive Drug and/or Alcohol Test Result

A positive drug and/or alcohol test will result in withdrawal of the offer of employment for the current position and removal from the applicable eligibility list. However, such positive drug/alcohol test result does not preclude or delay an individual’s opportunity to apply for, and be considered for, any announced vacant position for which he meets all requirements. If an applicant who previously tested positive for drugs and/or alcohol is selected for hire in another position that requires pre-employment drug and/or alcohol screening, the applicant must submit to and pass the drug/alcohol test before employment.

18. Transfers and Voluntary Demotions

a. The Department Director shall have the discretion to grant a transfer or voluntary demotion with approval from the Director of Human Resources. A voluntary demotion must be requested in writing. The employee must complete any screening procedures required for the position, and must possess the required SKA’s for the position. Possession of required SKA’s must be approved by the Director of Human Resources.

Adjustment to the salary shall be governed by policies in Little Rock Compensation Manual.

b. If after being promoted, it is determined that an employee is unable to perform the duties of his new position, he may request a voluntary demotion during his probation; the following shall apply:

i. He may return to his most recently held position, if it is vacant.

ii. He may request to be placed in a vacant position in the same classification he held prior to promotion. This action will require the receiving Department Director's approval.

The salary shall be set at the same rate he was paid prior to the promotion plus any across-the-board increases that occurred in the interim. His anniversary date shall be the date he initially held this position.

SECTION II
CLASSIFICATION AND COMPENSATION

a. Non-Uniform Non-Union Eligible Employees

It is the City's policy to provide equitable compensation for its employees in the form of pay and benefits in order to attract and retain qualified individuals for all positions. A classification and compensation system will be maintained for all classified positions in the City.

2. Classification Plan

The City's classification system is a systematic approach to collecting, analyzing, and maintaining information about positions in the City's work force. Positions are grouped according to their relative duties and responsibilities to ensure that positions of equal difficulty and requirements are equitably compensated.

3. Salaries

Salaries shall be linked directly to the classification system and shall be determined according to the difficulty of responsibilities, conditions of the appropriate labor markets, the financial resources of the City, and other economic considerations.

4. Salary Adjustment

The entire salary schedule may be adjusted based on increased cost of living or negotiation results. Individual salary ranges may be adjusted based on Human Resources personnel recommendations or changes in federal or state laws governing wages.

5. Composition of the Classification System

The classification system consists of:

a. A grouping of positions into classes.

b. A class specification for each class containing a title, listing of knowledge, skills, and abilities, minimum qualifications, and licenses required.

c. A description for each job within a class listing the type of work, the scope of duties and responsibilities (both essential and secondary), and supervisory responsibilities.

d. A pay grade allocation for each class based on: a job analysis of evaluation factors, comparability of present and proposed grade assignment, salary surveys, internal equity analysis, and recruitment and retention experience.

e. A Position Appeal Committee (PAC) comprised of five (5) members appointed by the City Manager and the Director of Human Resources or his designee shall meet as needed to evaluate grade appeals.

6. Classification Review

a. To ensure the accuracy of the existing title, job description, job specification, and grade allocation, the Human Resources Department will initiate a maintenance review for each position on a four (4) year cycle.

b. Reviews may also be initiated by an incumbent or his Department Director on a Classification Review Request (HR-2A) form available in the Human Resources Department. A review initiated by an incumbent must be submitted through the chain of command to his Department Director.

c. Positions will not normally be subject to the classification review process more frequently than once per twelve (12) month period.

d. A review request must document evidence of the following:

i. The grade to which the classification is allocated is inadequate for the City to attract or retain qualified persons.

ii. Reorganization within the department or major reallocations of duties and responsibilities, which create internal inequities in position classification or grade allocations.

e. The goal of Human Resources personnel is to provide completed documents for review to the requesting department within sixty (60) working days of receipt of a classification review request.

f. Human Resources personnel will update the job description and job specification based on feedback from the supervisor and/or position incumbent. A revised job description and job specification shall be forwarded to the Department Director, whose signature shall indicate concurrence with the job description and job specification.

The grades of non-union eligible and non-uniformed union eligible positions, below the level of Department Director, shall be determined by Human Resources personnel, based upon information provided by the respective departments and upon job descriptions and job specifications which have been reviewed and approved by the respective Department Director. The grade decision of Human Resources personnel will be submitted in the form of a completed Classification Report (HR-2) form to the respective Department Director for signature indicating concurrence or non-concurrence.

The Department Director may, within two (2) weeks of issuance of the Classification Report, appeal the decision by Human Resources personnel by indicating non-concurrence on the form. Such appeal will be reviewed by the Position Appeal Committee (PAC). The Department Director or his designee may submit additional information to the PAC in the form of paperwork and/or an oral appeal; Department Directors will be notified of the date and time to present an oral appeal to the PAC.

Following the PAC decision, another Classification Report shall be sent to the affected Department Director for his review.

If either a Department Director or Human Resources personnel does not agree with the PAC decision, the decision may be appealed to the City Manager. The City Manager’s decision shall be final.

g. Copies of the final job description and job specification will be forwarded to the appropriate Department Director, who will be responsible for distribution to affected supervisors and incumbents.

h. Employees whose positions are reclassified or upgraded shall receive a five percent (5%) increase or the minimum of the grade, whichever results in the greater salary. Such increase will become effective on the first day of the pay period following the final decision. Each department will be responsible for initiating the Employee Status Change (HR-4) form for the increase.

7. Classification Creation Request

a. The Department Director shall obtain written approval in the form of a memorandum from the City Manager or Assistant City Manager to create the new classification.

b. The approval and a memorandum describing the anticipated duties of the classification and the organizational location of the position, will be forwarded to the Human Resources Department.

c. Human Resources Department personnel will develop the job description and job specification which will be submitted to the Department Director for approval. Classification of the position will proceed in accordance with Section II, item 6.f. as appropriate.

d. After the Department Director and the Director of Human Resources approve the Classification Report (HR-2) form, the Department Director shall submit to the Human Resources Department a Request for Personnel (HR-1) form to request filling the vacancy. The vacancy shall be filled in accordance with Section I of this manual.

8. Overtime and Compensatory Time

The City will comply with rules governing overtime and compensatory time as established by the Fair Labor Standards Act (FLSA). Employees are grouped into the following categories and coded to designate eligibility for overtime and compensatory time for hours worked in excess of the time limits specified by FLSA. Positions shall be coded as follows when established:

a. Exempt from FLSA coverage

Code 1

Employees in this category are exempt from FLSA coverage and are not eligible for overtime or compensatory time. These employees fall into the FLSA groups of Executive, Administrative, and Professional.

b. Nonexempt from FLSA coverage

Code 2: Police Uniform, Union Eligible Positions

Employees in this category are in Police Officer and Police Sergeant positions. These employees will be paid time and one-half for all authorized time worked in excess of the forty (40) hour workweek. Sick leave shall not be considered as time worked.

By written notification, the employee shall select whether payment for overtime will be made in dollars or compensatory time.

Compensatory time may be accrued to a maximum of eighty (80) hours. Once eighty (80) hours of compensatory time have been accrued, management has the option to either grant compensatory time or dollars for time worked in excess of eighty (80) hours in a workweek. Every effort will be made to grant employees time off in a reasonable period of time without unduly disrupting departmental operations.

The City shall pay each officer time and one-half for all required court appearances, other than during regularly scheduled duty hours. The employee shall select whether payment for such court overtime shall be in dollars or compensatory time by written notification. A minimum of two (2) hours for job required court appearances or municipal, state circuit court, juvenile court, federal district court, parole revocation, mental commitment, Civil Service Commission hearing appearance, and grand jury shall be applied when calculating said court time. Civil and Chancery Court appearances which are a result of a person's employment with the City shall also be included in this section.

Code 3: Fire Uniform, Union Eligible Positions (56 hour only)

Employees in this category are in certain Firefighter, Firefighter/Driver, and Fire Captain positions. Overtime shall be paid to employees in these positions as established by the Fair Labor Standards Act. Jury duty is the only leave which shall count towards meeting the specified hour requirements within a work period.

Overtime Formula for 56 Hour Employees:

For all hours worked in excess of 204 hours, but less than 217 hours (205-216 hours), the following formula will be used to compute the overtime pay rate:

                                                Holiday
                        Annual              Premium              Holiday                Longevity              EMT
                        Base Pay   +     Pay          +        Pay          +           Pay            +      Pay
                                                                           2,758                                       x ½ = OT

For all hours worked in excess of 216 (217 or more hours), the following formula will be used to compute the overtime pay rate:

                                                Holiday
                        Annual              Premium              Holiday            Longevity              EMT
                        Base Pay   +     Pay          +        Pay          +       Pay            +      Pay
                                                                           2,758                                       x 1 ½ = OT

Overtime for firefighters will be paid on the next pay date following the end of the 27-day overtime cycle.

Code 4: Non-Uniform, Union Eligible Positions

Employees in this category are in non-uniform, union eligible positions. Employees will be paid or will receive compensatory time at the rate of time and one-half for all authorized time worked in excess of the forty (40) hour workweek. Sick leave shall not be considered as time worked.

Compensatory time may be accrued up to 240 hours. Any time in excess of 240 hours must be paid in dollars. Usage of compensatory time shall be scheduled at the convenience of the department.

Employees shall receive overtime or compensatory time depending upon an agreement or understanding reached prior to the performance of the work. This agreement or understanding shall be evidenced by a notice to the employee, signed by the Department Director, stating that in the future the employee shall receive overtime or be given compensatory time in lieu of overtime for hours worked in excess of forty (40) hours in a given workweek. The needs of the department shall be the determining factor.

Code 5: Non-Uniform, Non-Union Eligible Positions

Employees in this category are in non-uniform, non-union eligible positions. Employees will be paid or will receive compensatory time at the rate of time and one-half for all authorized time worked in excess of the forty (40) hour workweek. No leave shall count towards meeting the forty (40) hour workweek.

Compensatory time may be accrued up to 240 hours. Any time in excess of 240 hours must be paid in dollars. Usage of compensatory time shall be scheduled at the convenience of the department.

Employees shall receive overtime or compensatory time depending upon an agreement or understanding reached prior to the performance of the work. This agreement or understanding shall be evidenced by a notice to the employee, signed by the Department Director, stating that in the future the employee shall receive overtime or be given compensatory time in lieu of overtime for hours worked in excess of forty (40) hours in a given workweek. The needs of the department shall be the determining factor.

The Department Director need not adopt the same agreement or understanding with all of the Department Code 5 employees and need not provide compensatory time to all such employees. For employees hired after July 1992, written agreement shall take the form of an express condition of employment.

Code 6: Fire Uniform, Union Eligible Positions (40 hour only)

Employees in this category are in certain Firefighter, Firefighter/Driver, and Fire Captain positions. These employees will be paid time and one-half for all authorized time worked in excess of the forty (40) hour workweek. Jury duty is the only leave which shall count towards meeting the specified hour requirements within a work period.

Employees will be paid for such overtime work either in compensatory time or in overtime, as designated by the Fire Chief.

c. General Information Pertaining to all Non-Exempt Employees

Neither FLSA nor City Policy guarantees that employees in any nonexempt category shall work in excess of the standard number of hours in a work period as specified in FLSA.

Employees will not be compensated in excess of those hours established by the work shift unless they have received prior authorization from the appropriate authority.

An employee who has accrued compensatory time shall, upon termination of his employment, be paid for all accrued, unused compensatory time at his final regular rate of pay.

d. Emergency Conditions

In emergency conditions, the City Manager may authorize overtime pay for employees classified as "exempt" (up to but not including the level of Division Manager) to perform work directly related to the emergency. All authorized time worked in excess of the 40-hour workweek will be considered overtime. Departments must request approval in writing from the City Manager specifying the employees with their position titles and the amount. A copy of the request must be forwarded to the Human Resources Director. During such conditions, the Department Director will have the discretion to provide paid or unpaid meal breaks and/or provide meals at the expense of the City.

9. Longevity Pay

The City provides longevity pay to recognize the service of regular, full-time employees. The date used to compute longevity pay will not change unless there is a break in service for the employee regardless of the number of transfers between City departments including movement from uniform to non-uniform positions and vice-versa. If there is a break in service, the date used to compute longevity pay will be the date of rehire; service prior to the break regardless of the reason will not be considered nor reinstated. Service in a part-time or temporary position will not be considered for purposes of computation of longevity pay.

If a change in status occurs during one of the six (6) month periods (i.e., uniform fire or police department employee moves to non-uniform non-union eligible positions, etc.), longevity will be paid in the following manner:

If the change in status occurs on or before the 15^th of the month, longevity pay for the month in which the change occurred and all subsequent months will be paid at the rate of the employee's current status, not to exceed the maximum rate per month of the current status. The months prior to the month in which the change took place will be paid according to the formula applicable to his previous status, and will not exceed the maximum rate per month of the previous status.

If the change in status occurred after the 15^th of the month, longevity pay for the month in which the change occurred and all months prior to the change will be paid at the rate of the old status and will not exceed the maximum rate per month of the old status. The months following the month in which the change in status took place will then be paid according to the formula applicable to the current status, and will not exceed the maximum rate per month of the current status.

Longevity pay shall be calculated according to the following formula:

The number of months in the designated six (6) month period (i.e., January through June or July through December) at a particular number of years of service

                          X
the number of years of service
                          X
the designated longevity dollar amount
                          =
the semiannual longevity amount.

Longevity pay will be paid at the rate of $4 for each year of service up to and including the fifth (5^th) year and $6 per month for each year of service from six (6) to twenty-five (25) years.

Anniversary dates will determine the accrual amount for each month. An employee whose anniversary date falls after the 15^th of the month will not receive credit for additional year of service during his anniversary month, but will receive this credit for all subsequent months.

Longevity checks shall be distributed to employees in June and November.

b. Non-Uniform Union Eligible Employees

Longevity pay shall be calculated according to the following formula:

The number of months in the designated six (6) month period (i.e., January through June or July through December) at a particular number of years of service

                          X
the number of years of service
                          X
the designated longevity dollar amount
                          =
the semiannual longevity amount.

Longevity pay will be paid at the rate of $3 for each year of service up to and including the fifth (5^th) year and $6 per month for each year of service from six (6) to twenty-five (25) years.

Anniversary dates will determine the accrual amount for each month. An employee whose anniversary date falls after the 15^th day of the month will not receive credit for an additional year of service during his anniversary month, but will receive the credit for the subsequent months.

Longevity checks shall be distributed to employees in June and November.

c. Uniform Fire Department Employees

Employees will receive longevity pay for each year up to and including thirty (30) years amounting to four dollars ($4) per month for each year of service; payments shall be made in June and in the last non-payroll week of November.

In 2001, employees will receive longevity pay for each year up to and including thirty (30) years amounting to five dollars ($5) per month for each year of service; payments shall be made in June and in the last non-payroll week of November.

d. Uniform Police Department Employees

Employees will receive longevity pay in the following:

Five ($5) dollars per month for each year of service up to and including the fifteenth (15^th)year.

Six ($6) dollars per month for each year of service from the sixteenth (16^th) year through the completed twenty-fifth (25^th) year.

Payments are to be made in June and December.

10. Other Pay Issues – Non-Uniform Employees

Special pay situations shall be governed by the following policies:

a. Standby Pay

Employees required to stand by for work shall be compensated at their regular hourly rate of pay not to exceed a maximum of sixteen (16) hours per week. Standby pay shall be based on the following schedule:

Maximum of two (2) hours for each eight (8) hours on standby not to exceed two (2) hours per normal working day (Monday through Friday).

Maximum of one (1) hour for each eight (8) hours per normal weekend day (Saturday and Sunday) or designated City holidays.

In order to qualify for standby pay, an employee must be readily accessible at all times during the standby period. An employee shall not be placed on standby and cannot be paid standby pay while on paid or unpaid leave.

Positions coded 1 for FLSA purposes shall not be eligible for standby pay.

b. Callback Pay

An employee who is called to work for an unscheduled period of time shall receive a minimum of three (3) hours pay at the regular rate or shall be paid for the hours actually worked at the regular rate, whichever is greater. The above shall not apply to an employee who is called to work an unscheduled shift. As applicable, this shall be considered overtime and compensated at time and one-half for each hour actually worked.

The combination of standby and callback pay may not exceed eight (8) hours on a given day unless the actual hours worked exceeds eight (8).

Positions coded 1 for FLSA purposes shall not be eligible for callback pay.

c. Alternate Rate

A regular full-time employee assigned to work in a position with a higher rate of pay for a period of time which exceeds five (5) consecutive work days shall receive an alternate rate of pay if the following conditions are met:

i. He performs a majority of the duties of the higher classification; and

ii. He is held accountable for his performance in the same manner as a newly hired or promoted employee in the higher classification.

Alternate rate status shall not exceed thirty (30) consecutive calendar days without written approval by the City Manager. After the initial thirty (30) calendar day period, continuation of the alternate rate assignment must be approved in writing by the City Manager every thirty (30) calendar day period.

An employee's anniversary date shall not change as a result of an alternate rate assignment.

Amount of Alternate Rate Salary Adjustment

While in alternate rate status in an overtime eligible position, any time worked in excess of the forty (40) hour regularly scheduled workweek, as specified in this manual and current agreements, shall be paid at time and one-half the alternate rate amount.

Non-Uniform Union Eligible Employees

An employee placed in an alternate rate status after three consecutive days shall receive a five percent (5%) salary adjustment for the duration of the alternate rate assignment retroactive to the first work day.

Non-uniform union eligible employees assigned to work in a non-uniform non-union position shall receive alternate rate as outlined in the non-uniformed non-union section.

Non-Uniform Non-Union Eligible Employees

An employee placed in alternate rate status shall receive:

i. Five percent (5%) salary adjustment for the initial thirty (30) calendar day period in alternate rate status.

ii. Beginning with the thirty-first (31^st) consecutive calendar day in alternate rate status, the employee shall receive the greater of an additional five percent (5%) salary adjustment, or the minimum of the salary range of the higher classification. This adjustment shall be effective for the duration of the alternate rate assignment.

Department Director(s)

An employee placed in alternate rate status shall receive:

i. Five percent (5%) salary adjustment for the initial thirty (30) calendar day period in alternate rate status.

ii. Beginning with the thirty-first (31^st) consecutive calendar day in alternate rate status, the employee shall receive the greater of an additional five percent (5%) salary adjustment, or the minimum of the salary range of the higher classification. This adjustment shall be effective for the duration of the alternate rate assignment.

iii. In cases of vacancies, the amount of alternate rate payable to the employee shall be determined by the City Manager.

d. Holiday Pay

Non-supervisory employees required to work on a designated holiday shall be compensated at the rate of time and one-half their regular rate of pay in addition to the to the number of hours regularly worked on that date holiday pay, or have the option of receiving this time as comp time at the rate of time and one half.

Employees of the Communications Division who shall be compensated at the rate of two times the straight pay rate for working on a holiday in addition to the eight (8) hours holiday pay. An employee who is scheduled to report for work on a holiday and does so shall be assigned to at least four (4) hours work at the rate of time and one-half in addition to the holiday pay. If the employee is excused from duty before completing four (4) hours of work, he shall be paid for four (4) hours at time and one-half in addition to holiday pay.

Supervisory employees who are scheduled to work on a holiday shall be given another day off and not provided any other compensation.

Employees who are absent for unauthorized reasons (UA) or who are not in pay status on the scheduled work shift immediately proceeding and/or following a holiday shall be denied holiday pay for that holiday.

e. Differential Pay

Shift differential shall be in addition to the employee’s regular rate of pay and shall be included in all payroll calculations, but shall not apply during periods of paid leave. Payment of shift differential will only be received for hours actually worked on the applicable shift.

Non-Uniform Non-Union Eligible Employees

Employees who are assigned to the evening (B) shift (shift beginning no earlier than 1:00 p.m.) shall be compensated an additional $0.32 per hour. Employees who are assigned to the night (C) shift (shift beginning no earlier than 11:00 p.m.) shall be compensated an additional $0.52 per hour.

Non-Uniform Union Eligible Employees and Part-Time/Temporary Employees

Employees who are assigned to the evening (B) shift (shift beginning no earlier than 1:00 p.m.) shall be compensated an additional $0.32 per hour. Employees who are assigned to the night (C) shift (shift beginning no earlier than 11:00 p.m.) shall be compensated an additional $0.52 per hour.

Location differential pay of $.75 per hour will be paid to all technicians for each hour worked while assigned to the landfill shop location. Eligibility and payroll rules the same as shift differential apply. Payment for both location differential and shift differential is permitted when each criteria is met.

f. Inclement Differential Pay

All non-uniform employees who must report to work during emergency conditions resulting in the closure of City Hall for the entire business day shall be compensated with an additional $.52 per hour for every hour worked.

g. Fleet Certification Incentive Pay

All full-time Fleet Services employees who have successfully completed the probationary period are eligible. Certification Incentive Pay is provided to employees who meet the criteria of this program as defined by the Fleet Services Department in obtaining industry certifications that cover the employee's current job functions.

11. Other Pay Issues – Uniform Police Department Employees

Special pay situations shall be governed by the following policies:

a. Holiday Premium Pay

Holiday premium pay shall be equivalent to seven (7) days pay. The daily rate of pay shall be computed by dividing the base pay, including holiday pay, by 260. Payment will be made in two (2) equal payments in June and December.

b. Differential Pay

Employees who are scheduled to work the 11:00 p.m. to 7:00 a.m. shift and employees in the S.T.A.R.T. Unit will be compensated at a rate of $200 per year, prorated per pay period.

Effective December 15, 2001, a shift differential of ten cents ($.10) per hour will be paid for all hours worked by an employee when a majority of the employee's regularly scheduled shift hours occur after 3:00 p.m.. and before 11:00 p.m. A shift differential of twenty cents ($.20) per hour will be paid for all hours worked by an employee when a majority of the employee's regularly scheduled shift hours occur after 11:00 p.m. and before 7:00 a.m. Shift premiums will be paid for hours worked during the shift except for work performed as overtime work or work performed earlier than an employee's normal shift. Shift premiums will not be paid for any paid time off.

c. Educational Incentive Pay (EIP)

The following schedule of the E.I.P. is for those employees who were qualified to participate in the plan as of December 31, 1990, and formally elected to be compensated as described:

Schedule 1:

CERTIFICATE LEVELS	COLLEGE CREDITS	ADDITIONAL CREDITS	$ PER MO.
Basic	0	0	$ 0
General	0	1 yr. + 3 hrs. related studies (exc. English)	$ 20
Intermediate	6 hrs. + (Eng.)	6 hrs. related studies	$ 50
Advanced	15 hrs.	0	$ 75
Senior	45 hrs.		$100

Related studies shall be determined by the Chief of Police. Predetermination of job related courses may be requested prior to enrollment.

Schedule 1 shall be frozen and no advancement through certification levels will be allowed after December 31, 1990.

Schedule 2:

The following schedule is for all employees covered by Fraternal Order of Police Statement of Agreement:

COLLEGE HRS	# OF YRS. WITH DEPT.	$ PER MO.
Less than 15	Less than 2 years	$ 0
15 - 30 hrs.	2 Years	$ 20
31 - 63 hrs.	3 years	$ 50
Associate's Degree or 64 - 123 hrs.	3 years	$ 75
Bachelor’s Degree or 124 + hrs.	4 years	$100
Graduate Degree	10 years	$125

Eligibility for EIP payments will require the officer to furnish to the Department of Human Resources, through the Chief of Police, the obtained Minimum Standards Certification and/or documentation of satisfactory completion of accredited college hours.

Application for EIP payments must be submitted by the 10th of the month to be counted for eligibility.

Payments shall be made in June and December.

d. Field Training Officer (FTO) Pay

Effective December 16, 2000, the FTO pay will increase from the current thirty-six (36) minutes per shift to forty-five (45) minutes per shift effective 12/16/00 and to one (1) hour per shift effective 12/14/02. FTO's will only receive the additional pay for time actually spent training probationary Police Officers.

12. Other Pay Issues – Uniform Fire Department Employees

Special pay situations shall be governed by the following policies:

a. Holiday Premium Pay

Employees shall be paid holiday premium pay equivalent to eight (8) days pay. The daily rate of pay shall be computed by dividing the base pay, including holiday pay, by 260. Payment will be made in two (2) equal portions in June and November.

b. Callback Pay

Employees on fifty-six (56) hour workweeks who are called back to Fire Department duty from off-duty status shall be paid a minimum of three (3) hours or the actual time worked, whichever is greater, at time and one-half.

Employees on forty (40) hour workweeks who are called back to work from off-duty status shall receive a minimum of four (4) hours or the actual time worked, whichever is greater at time and one-half in compensatory time.

c. Alternate Rate

Any employee required to accept the responsibilities and carry out duties of a rank above that which he normally holds shall be paid at the rate for that rank while so acting. When an employee works out of classification for eight (8) hours or more during a tour of duty, the employee shall receive compensation for that full tour of duty.

d. Detail Compensation

Employees who report for duty and are detailed to work at a station other than the station to which they are assigned and provide their own transportation or participate in the meal at the other station will be compensated at a rate of: $8 per detail effective January 1, 2003, and $10 effective January 1, 2004. Longer term assignments exceeding ten (10) tours of duty on any one assignment shall not be eligible for detail pay after the tenth (10^th) tour.

e. EMT Compensation

Employees certified as Emergency Medical Technicians shall receive EMT compensation of $95 per month effective January 1, 2003, and $100 per month effective January 1, 2004. Payments shall be made on a pro-rated basis of pay periods per year. Proof of current certification will be maintained by the Fire Department.

f. Privilege Pay

ii. Definition

Privilege pay is a payment to employees in the classification of Battalion Chief who work an additional twenty-four (24) hour work shift beyond their regularly scheduled work hours.

The Chief of the Fire Department shall maintain a current list of all employees who are eligible for such assignments and privilege pay. Assignments shall be made at the discretion of the Fire Chief. Partial-shift assignments with pro-rated pay may be made at the discretion of the Fire Chief. Privilege pay is not provided for any other required work.

ii. Amount of Privilege Pay Adjustments

When an employee has completed the additional twenty-four (24) hour work shift, he shall receive an amount equal to:

1. $664.70.

The pay code for privilege pay (37), with the dollar amount of the privilege pay, shall be inputted into the payroll/personnel system by the timekeeper for the Fire Department, upon receiving written notification from the Fire Chief.

Hard-copy records of privilege pay will be maintained in the Fire Department.

13. Compensation Manual

Information regarding compensation procedures and pay ranges for each pay grade is listed in the Compensation Manual which is available in all City departments. The manual shall be updated periodically by the Human Resources Department to reflect the current classification and compensation systems.

Specific policies addressed in the Compensation Manual shall be considered as part of this manual.

SECTION III
BENEFITS

The City of Little Rock provides a variety of benefits to employees, their eligible dependents, and eligible retirees as part of a total compensation package. General policies regarding these benefit programs follow. Specific information and plan summaries may be obtained from the Human Resources Department.

The City of Little Rock reserves the right at its sole discretion to administer and manage all benefit plans unless required otherwise by statute or agreement. This includes but is not limited to reviewing coverage level and type, changing providers, changing methods of providing coverage and discontinuing plans or portions thereof as deemed in the best interest of the City.

All employees will be provided information regarding applicable benefits during orientation. Each employee has the responsibility for completing required enrollment forms including selection of plan option(s), completing forms and ensuring any required premiums are paid. Biweekly check stubs include information showing current and year-to-date premium paid or contributions. Errors involving unintended deductions of premium from employee salary will be corrected upon notice to the Human Resources Department by the employee. Any refund of such contribution shall not exceed the lessor of 90 days (prior to the date of notice) or the period set by the provider of the coverage.

Concerns or problems encountered with a benefit program provided by the City should be addressed to the Benefits Division of the Human Resources Department and the Customer Service Section of the provider of that coverage.

Employee contributions will be deducted from paychecks as follows:

Health Insurance Dependent Coverage Twice/Month

Dental/Optical Once/Month (Last Pay Date)

In months with three (3) pay dates, no deductions will be taken on the first pay date.

2. Health Insurance

All regular full-time employees are provided health insurance coverage. Optional dependent coverage is available for employees' eligible dependents including spouse, unmarried children under age 19, unmarried disabled children past age 19 and unmarried children past age 19 but less than age 25 who are enrolled as full-time students.

Health insurance coverage will become effective on the 1st of the month following 30 days of employment. However, employees beginning work on a Monday falling on the 1st, 2nd or 3rd of any month will be covered on the 1st of the following month. Dependent coverage will have the same effective date as employee coverage except as stated below.

e. Continuation and Conversion of Coverage

Employees shall complete an enrollment form in the Human Resources Department. Within the first 31 days of employment, employees may enroll eligible dependents without proof of insurability. Dependent coverage will be effective on the same date as the employee coverage. Therefore, the employee electing to add dependent coverage late in this 31 day period must pay any premium required to make coverage effective on that date. After the initial 31 days of employment, proof of insurability (late entry) must be provided by the employee for each dependent to be added to the coverage. The insurance carrier will determine whether a dependent will be provided coverage based on medical and health data reported by the employee.

New dependents may be enrolled, without proof of insurability, within 31 days of becoming dependents of an eligible employee. Once dependent coverage is elected, other new dependents may be added by notifying the Human Resources Department and completing a change form with the name and birthdate of each new dependent. Coverage cannot be provided until the change form is completed. If the change form is not completed within 31 days, late entry requirements will apply.

The City of Little Rock will comply with any Qualified Medical Child Support Order (QMCSO) from a court of competent jurisdiction by immediately enrolling that dependent and ensuring required premiums are deducted from the employee’s salary. If the QMCSO is not provided to the Benefits Division or if enrollment is not completed within 31 days of its issuance, late entry requirements will apply.

Dependent coverage may be discontinued by completing a change form, except in the case of a qualified medical child support order which will require a release from the same court prior to canceling that coverage.

Any change in dependent coverage status requires completion of a change form. These forms are available in the Human Resources Department. Status changes cannot be completed until the employee has signed the change form. Human Resources staff is required to review documentation of changes in dependent status (such as marriage license, birth certificate, divorce decree, etc.).

If (an) eligible dependent(s) loses non-city provided medical coverage because of documented non-voluntary job loss, the dependent(s) may be enrolled in the City's coverage within 31 days of that loss of coverage. If enrollment is not completed within 31 days, the late entry requirements will apply.

d. Premium Payment

The City pays the total premium for employee health insurance coverage. The City will also pay the following amounts toward dependent premium costs:

                        All Non-Union Eligible Employees........................................... $100.00
                        All Non-Uniform, Union Eligible Employees............................. $100.00
                        All Uniform Union Eligible Fire Employees............................... $100.00

All Uniform Union Eligible Police Employees............................ $100.00

This information was correct as of the date of the update of this section. Amounts are subject to change.

Employees or dependents whose group coverage would normally terminate may continue health insurance coverage after the normal expiration of coverage based on the qualifying events noted below. To continue coverage, the employee or dependent must pay 102% of the current premium for that coverage. This continuation privilege is required by the Consolidated Omnibus Budget Reconciliation Act (COBRA) and may change as that Act is amended.

1. Coverage may be continued until the earliest of:

i. 18 months after termination of employment, or in the case of a dependent, 36 months after the qualifying event.

NOTE: Disabled Employees Only

Employees who are disabled at termination of employment or within 60 days of termination (disability must be certified by the Social Security Administration) may receive an additional 11 months of coverage after the initial 18 month period in order to reach eligibility for Medicare coverage. Premiums during this extended period will be 150% of the normal group premium and must be paid by the employee or dependent as stated above. Certification of the disability from the Social Security Administration must be provided to the Human Resources Department within 60 days of its certification.

ii. The date the City ceases to provide a group health insurance plan for any employee.

iii. The date an employee or dependent fails to make the required premium payment.

iv. The date the employee or dependent becomes covered under any other group health plan.

v. The date the employee or covered dependent becomes eligible for Medicare benefits.

vi. The date a widowed, divorced or legally separated spouse remarries and becomes covered under any other group health care plan.

2. Qualifying events which activate COBRA are:

i. Employee: Termination of employment (except for gross misconduct) or reduction to part-time status.

ii. Spouse: Death of the covered employee, divorce, or legal separation.

NOTE: In the event of divorce or legal separation, the spouse of the covered employee must be removed from dependent coverage status. Coverage and benefits will be denied retroactive to the earliest of the date of separation or the date of divorce.

iii. Dependent Child: When no longer considered an eligible dependent under rules of the health insurance plan.

To request continuation of coverage, the employee or eligible dependent must notify the Human Resources Department within 30 calendar days of a qualifying event. Within 14 days of notification, the Human Resources Department will inform the eligible employee or dependent of the right to continue coverage and the required premium. Each employee or dependent must elect whether to continue coverage within 60 days of receiving the notification of a right to continue coverage. A single dependent electing COBRA continuation coverage will pay the single rate for coverage. The family rate will be paid when two or more individuals are covered.

Premium amounts due from the date of the qualifying event must be paid within 45 calendar days of the date of election to the Human Resources Department. If the premium is not paid within the time limit, the coverage will be canceled retroactive to the last date for which premium was paid.

At the end of the appropriate 18-, 29- or 36-month period, the covered employee or dependent may apply for conversion to an individual policy with the health insurance carrier, if a conversion option is available under the plan. The types and cost of available plans will be provided directly by the current insurance provider upon application submitted by the former employee or dependent. Applications for conversion may be obtained from the Human Resources Department.

If the covered employee or dependent fails to make the required payment in a timely manner, the coverage will be canceled. If coverage is canceled, it will not be reinstated for any reason. The City is not required to bill the employee or dependent nor otherwise be responsible for notification regarding premium payment after the initial notice is given.

f. Coverage While on Active Military Duty

Any employee serving on active military duty for a period of time which requires that he be placed in leave of absence or other inactive employee status will have the option of electing COBRA continuation for his covered dependent(s) during the leave of absence; the employee will be provided medical care by the military.

Upon return from active military duty, the employee and covered dependents will be provided coverage immediately on the date of return to active status. The employee will be responsible for paying any required premium to reactivate the dependent coverage.

g. Retiree Coverage

Effective March 1997, any employee with a minimum of five (5) years of service with the City of Little Rock, whose age and years of service combined total a minimum of 70, may continue health insurance coverage until becoming eligible for full Medicare coverage. Documented previous service within another municipality may be counted in calculation of age and service if all other requirements are met.

Retirees electing to extend coverage under this policy will be included as part of the active employee groups for determination of premium rates. During the initial 18 months of extended coverage, the retiree must pay the full premium rate as specified in the continuation of coverage section. After the initial 18 months until eligibility for Medicare, the City will make a contribution toward the premium of the retiree (initial contribution rate will be 50%). The retiree (or dependent) will be responsible for payment of all premiums for any dependent coverage elected for the entire period of continuation. Dependent coverage will only be extended to those dependents who were actively covered by the retiree on the date of retirement except that newborn children may be added during the extended coverage period and the non-voluntary job loss clause (2.c.) shall also apply.

In the event of the death of a covered retiree or when a covered retiree reaches Medicare eligibility, all City contributions will cease; however, any covered dependent(s) will be allowed to continue the coverage until reaching Medicare eligibility or in the case of a child, the limiting age specified in the then existing insurance program. A single dependent will pay the same premium rate as that established for a single retiree. For two or more dependents, the full family rate (single plus dependent unit) must be paid.

Coverage will continue until the earliest of:

The date the retiree or covered dependent reaches eligibility for Medicare.
The date the retiree or dependent becomes covered by any other group policy.
The date a dependent reaches the limiting age specified in the then existing policy for the active group.
The date of failure to pay any required premium.
The date the City ceases to provide coverage for any active group.

If coverage is canceled for any reason, it shall not be reinstated.

h. Coverage extension for dependents of employees killed in the line of duty.

Dependents of employees killed in the line of duty may extend health coverage under the same requirements as specified for continuation of coverage (COBRA). According to provisions of City Ordinance 17503, premiums for such coverage are paid in full by the City, and coverage for dependents may extend beyond the 36 months imposed by COBRA.

“Killed in the line of duty” shall be defined to include:

Killed in the line of duty shall include accidental or deliberately inflicted injuries resulting in death in which the injuries occurred within the City limits of Little Rock, Arkansas, while the employee was engaged in the performance of the employee’s official duties and responsibilities, including the employee’s response to what was reasonably believed to be a police emergency, a response to a direct order from a superior, or a response to a call from a private person, all of which required the performance of the employee’s official duties and responsibilities.

Killed in the line of duty shall exclude injuries resulting in death which occur:

i. outside the City limits of Little Rock, Arkansas, unless the employee is taken outside the City limits of Little Rock by force while the employee is actively engaged in the performance of official duties, or unless the employee is taken outside the City limits of Little Rock by virtue of being in “hot pursuit” of a person reasonably suspected of violating law and reasonably expected to avoid arrest unless the person is stopped without delay or the employee is performing specifically assigned duties required to provide necessary services and benefit the citizens of Little Rock. This will not include leisure activities;

ii. while the employee is going to or coming from work, and the event causing the fatal injury is one which does not arise out of the actual and required performance of the employee’s official duties while the employee is going to or coming from work, such as handling what is reasonably believed to be a police emergency, responding to a direct order from a superior, or responding to a call from a private person requiring the performance of the employee’s official duties;

iii. solely as a result of self-inflicted injuries or the employee’s intentional act to injure or kill himself;

iv. as a result of the willful misconduct of the employee;

v. as a result of the employee’s self-induced intoxication or drug-related condition;

vi. as a result of the employee’s refusal or failure to use safety gear or safety appliances provided by or through the City for the employee;

vii. as a result of the employee’s willful violation of a law or the employee’s willful breach of a rule, regulation, or policy governing the performance of the employee’s duties;

viii. as a result of voluntary conduct on the part of the employee, which is conduct not required or expected by the City for the performance of the employee’s official duties and responsibilities;

ix. as a result of natural causes;

x. as a result of a heart attack or disease, including death resulting from a heart attack or disease while the employee is engaged in the performance of the employee’s official duties and responsibilities or while the employee is engaged in extreme activity or subjected to extreme conditions while in the discharge of the employee’s official duties and responsibilities.

xi. during the time the employee is working for an employer other than the City, regardless of whether the duties and responsibilities of the employee for the other employer are the same or similar to the duties and responsibilities of the employee for the City; or

xii. as a result of injuries received more than 10 years before the date of the employee’s death.

Only dependents covered at the time of the incident may extend coverage.

Coverage may be continued until the earliest of:

The date a covered individual is covered under another group policy.
The date the dependent reaches the limiting age specified in the existing policy for the active group.
The date of failure to pay any required premium.
The date the City ceases to provide coverage for any active group.

If coverage is canceled for any reason, it shall not be reinstated.

3. Disability Insurance

All regular full-time nonuniform employees are provided Long-Term Disability (LTD) insurance coverage. No dependent coverage is available.

LTD insurance is effective following 6 months of employment.

c. Premium

The premium for LTD coverage is paid by the City.

d. Administration

Applications are available in the Human Resources Department. Applicants for disability benefits and their physician must provide information required by the insurance carrier before an application is submitted by the Human Resources Department to the insurance carrier. Thereafter, the insurance carrier will correspond directly with the employee to obtain the information needed to complete and review a disability case. Determinations of disability will be made by the insurance carrier.

e. Waiting Period and Salary Continuance

LTD benefits will not be paid until six (6) months after the last date the employee was actually at work, performing normal, assigned duties for at least one-half the regularly scheduled work shift. If during the six (6) months elimination period an employee exhausts all leave time, the City will pay salary continuation of 60% of that employee's base salary until the end of the elimination period. The City will not provide salary continuance unless the employee is totally disabled from performing the duties of his position and presents documentation from a physician indicating that the length of disability will exceed the six-month elimination period. The City may require the employee to obtain a second opinion from a City-approved physician, at the City's expense, before making such payments. The employee will not be entitled to any salary increases while receiving salary continuation payment. All leave time and the time on salary continuation, taken during this time period will count toward the twelve weeks of FMLA an employee is eligible to receive.

If an employee receives salary continuance benefits from the City, then prior to the end of the elimination period is released to full duty, all salary continuance must be repaid to the City. This repayment will be accomplished by reducing the employee's base salary by an amount which will result in repayment within 24 months of the return to work. Any such employee who terminates employment for any reason, except recurrence of the disability will be required to make arrangements to pay any outstanding balance.

At the end of the six-month elimination period, the employee will be removed from the City payroll and employment will be terminated. Any LTD benefits will be paid directly by the insurance carrier.

f. Uniform Employee's Disability Coverage

Disability coverage for all uniform employees is provided through the pension systems established for those employees. Disabled employees in those groups should make application to the appropriate pension administrator. For employees hired before January 1, 1983, the pension administrator is the City of Little Rock Finance Director. Employees hired after that date should contact the Local Police and Fire Pension Plan (LOPFI) administered by the State of Arkansas at 124 West Capitol, Suite 940, P.O. Drawer 34164, Little Rock, AR 72203.

4. Life Insurance and Accidental Death and Dismemberment (AD&D)

All regular full-time employees are provided life insurance coverage. No dependent coverage is available. AD & D refers to coverage payable in the event of accidental death or the loss of certain body parts or functions. This benefit is addition to the life insurance benefit. AD & D coverage has certain exclusions which do not apply to the basic benefit e.g., suicide, pilot of private aircraft.

Life insurance coverage is effective immediately upon employment. This coverage is "term" coverage and is only effective through 31 days following termination of employment.

An enrollment card for life insurance coverage shall be completed in the Human Resources Department. Each employee will designate a beneficiary for the life insurance benefit. The person named as beneficiary will receive any benefits payable REGARDLESS of any intervening change in status. A new designation form or written documentation must be completed to change the beneficiary.

d. Premium

Premiums are paid by the City.

e. Administration

Claims for life insurance benefits will be submitted by the Human Resources Department to the insurance carrier for payment. The beneficiary must present an original death certificate to be submitted with the claim. Beneficiaries desiring payment other than a lump sum should request information on alternate methods directly from the insurance carrier.

f. Conversion

Employees seeking to extend life insurance coverage after termination of employment may convert to an individual policy. Conversion application forms are available in the Human Resources Department. The insurance carrier will provide information on conversion and premium rates directly to the employee. The amount of coverage will be regulated by the insurance carriers but may not exceed the amount of coverage effective at the time of termination.

g. Amount of Coverage

Life insurance coverage will be provided as follows:

Non-Union Eligible Employees

	Basic	2 x Annual Salary
	AD&D	1 x Annual Salary

Non-Uniform Union Eligible Employees

	Basic	1 x Annual Salary
	AD&D	1 x Annual Salary

Union Eligible Uniform Police Employees

	Basic	1 x Annual Salary (Minimum of $25,000)
	AD&D	1 x Annual Salary (Minimum of $25,000)

Union Eligible Uniform Fire Employees

	Basic	1 x Annual Salary (Minimum of $25,000)
	AD&D	1 x Annual Salary (Minimum of $25,000)

All coverage amounts will be rounded to the nearest $1,000 if not already a multiple of 1,000 with $500 rounded up. By specific action of the City Board of Directors or City Manager, certain employees will have a specified life insurance amount. These employees are granted that life insurance amount with no AD&D coverage.

5. Dental Insurance

All regular full-time employees are provided dental insurance coverage. Optional dependent coverage is available for employees’ eligible dependents. Dependent dental coverage may not be elected unless dependent health insurance coverage is also elected, except in the case of uniform, union-eligible Fire Department employees and those uniform Police employees who had selected dependent dental coverage prior to that group’s enrollment in the City provided coverage.

Dental insurance coverage is effective on the 1st of the month after 30 days of employment. However, employees beginning work on Monday falling on the 1st, 2nd or 3rd of any month will be covered on the 1st of the following month. Dependent coverage will have the same effective date as the employee’s coverage except as stated below.

An enrollment form shall be completed in the Human Resources Department. Eligible dependents may be enrolled only within the first 31 days of employment. New dependents may be enrolled within 31 days of becoming a dependent of an eligible employee or when they are added to the employee’s medical coverage. Dependent coverage must be dropped upon termination of dependent health insurance coverage, except in the case of uniform Fire Department employees.

d. Premium

The City pays the total premium for employee dental coverage. The City will also pay the following portion of the dependent premium:

All Eligible Employees $6/month

e. Continuation of Coverage

Dental insurance may be extended based on the same qualifying events, time limits and premium requirements listed under health insurance in this section. Extension of dental benefits can be elected only if health insurance coverage is also extended.

6. Optical Insurance

All regular full-time nonuniform employees and nonunion eligible uniform employees are provided optical insurance coverage. Optical dependent coverage is available for employees' eligible dependents. Dependent optical coverage may not be elected unless dependent health insurance coverage is also elected.

Optical insurance coverage is effective on the 1st of the month after 30 days of employment. However, employees beginning work on Monday falling on the 1st, 2nd or 3rd of any month will be covered on the 1st of the following month. Dependent coverage will have same effective date except as stated below.

An enrollment card shall be completed in the Human Resources Department. Eligible dependents may be enrolled only within the first 31 days of employment. New dependents may be enrolled within 31 days of becoming a dependent of an eligible employee or when they are added to the employee’s medical coverage. Other enrollment of dependents must be made during designated periods after the anniversary of the plan. Dependent coverage must be dropped upon termination of dependent health insurance coverage. Coverage will terminate immediately when an employee transfers out of the eligible group.

d. Premium

The City pays the entire premium for employee optical coverage and a portion of the cost for dependent coverage.

The optical program is provided on a self-funded basis. Specific contribution levels for dependent coverage are subject to adjustment annually.

e. Continuation of Coverage

Optical insurance may be extended based on the same qualifying events, time limits and premium requirements listed under health insurance in this section. Extension of optical benefits can be elected only if health insurance coverage is also extended.

7. Flexible Spending Accounts

These accounts allow employees to have payroll deductions taken on a pre-tax basis for reimbursement of certain Medical expenses which are not covered by insurance or for approved Dependent Care expenses.

All regular full-time employees may participate.

f. Forfeiture of Unused Contributions

An individual may participate immediately after becoming a City employee.

c. Enrollment

Flex enrollment forms may be completed in the Human Resources Department during the new employee benefit enrollment. Annual enrollment will be conducted prior to the plan’s January 1 anniversary date.

d. Plan Contributions

Participants may contribute up to $5,000/year to each account. The minimum contribution is $10/pay period).

e. Reimbursement

Properly documented expenses may be reimbursed to the participating employee upon completion and submission of the required forms to the Payroll Division in the Finance Department.

Contributions to a flex account which are not used to reimburse expenses from the applicable plan year are forfeited to the plan. They may not be refunded to the participant according to IRS Regulations (Section 125).

g. Continuation of Coverage

Flex contributions may be continued after termination of employment. The contributions will be 102% of the amounts contributed prior to termination. Contributions are made after termination of employment on an after-tax basis.

8. Premium Only Plan (POP) - Section 125 IRS Code

The POP allows all employees who have medical, dental, and optical dependent coverage to shift their premium payment from an after-tax to a pre-tax expenditure. This eliminates the payment of Social Security (FICA) taxes and federal and state income taxes on employees' medical and dental coverage costs, and increases their take-home pay by the amount of the tax savings.

Employees who pay dependent health or dental or optical insurance premiums may participate in POP.

POP will be effective the 1st pay period after enrollment.

a. Enrollment and Effective Date

POP enrollment forms may be completed in the Human Resources Department at any time after employment. The employee may cancel participation at any time.

d. Cost

There is no cost to the employee. The City receives no benefit from POP except a savings in FICA tax.

e. Annual Enrollment Period

Every year an enrollment period will be conducted to allow employees who pay a portion of the premium for insurance coverages to make that payment as specified under POP. The enrollment period will be conducted during June to allow enrollment prior to the plan anniversary date of July 1.

9. Pension Plans - Nonuniform Employees

Nonuniform employees shall be required to participate after one year of employment. Participation is mandatory except for:

i. Police Cadets.

ii. Employees working directly for the City Manager or Board of Directors, and who are enrolled in an alternate plan.

iii. Municipal Court judges, clerks and chief clerks.

An enrollment form shall be completed in the Human Resources Department as part of the initial employee orientation process.

b. Contributions

i. Contributions are mandatory for both the employee and the City. Contribution rates are:

Employee	3.5% of salary
City	4% of salary

For Pension Plan purposes salary includes longevity pay, lump sum salary payments and payoff of applicable leave time.

ii. Nonuniform employees may contribute up to an additional 10 percent of salary on a voluntary basis. Voluntary contributions are not matched by City contributions. Funds in the voluntary contribution account (those in excess of the 3.5% mandatory contribution) may be withdrawn by the employee. Withdrawals shall be limited to one (1) in any six (6) month period.

Withdrawals for reasons other than the emergencies listed in the pension plan document require that the employee stop voluntary contributions for a period of six (6) months. Those emergencies include but are not limited to purchase of a primary residence, serious illness of the employee or in the employee's family and educational expenses of the employee or immediate family member. Withdrawals are pro-rata (equal proportions from contributions and earnings) and subject to tax requirements noted below.

iii. Employee mandatory contributions (3.5%) are deducted from the employee’s pay on a before-tax basis. Voluntary contributions are deducted on an after-tax basis. The contracted record keeper will track pre-tax and after-tax contributions separately.

Withdrawals before age 59-1/2 (age 55 at termination of employment) are subject to a 10% income tax penalty plus ordinary income tax on the amount of the taxable distribution. Any amounts received from the taxable portion of the terminating employee’s account is subject to a mandatory 20% Federal Withholding regardless of the reason(s) for withdrawal. This withholding is forwarded to the IRS as a pre-payment of taxes due for the year in which the amount is received. These requirements apply only to the taxable portion of the distribution and are specified by IRS regulations.

iv. All current contributions are deposited in the Defined Contribution Plan regardless of the plan in which an employee is enrolled. The investment vehicle used by the pension plan is determined by the plan's Board of Trustees.

Upon reaching age 55, plan participants may elect to have contributions rolled into a Stable Value Option adopted by the plan. When electing this option, all previous and future contributions made by the employee and the City may be moved to that option. Participants enrolled in the Defined Benefit Plan may transfer only voluntary account contributions and earnings to the Stable Value Option. Specific requirements for that option are available in the Human Resources Department.

v. Nonuniform employees are required to contribute to Social Security; the City contributes a matching amount. Pension contributions are subject to Social Security taxes. Social Security contribution amounts are established by Federal laws.

c. Administration

The nonuniform employees pension plan is administered by the Human Resources Department. General policies are set by the five-member Board of Trustees. This Board is made up of: Director of Human Resources, Director of Finance, and three members appointed by the City Manager.

d. Pension benefit amounts are computed as follows:

i. Non-Uniform Defined Benefit Plan

Employees enrolled in the Defined Benefit Plan are guaranteed no less than the benefit provided for in that plan. No employee hired after December 31, 1977, shall be enrolled in the Defined Benefit Plan.

The amount of monthly pension benefit under the standard option (5-year Certain and Continuous) shall be: 2% multiplied by the average final monthly salary multiplied by the number of years of service. The pension benefit under this plan cannot exceed 70% of the average final monthly salary, or 1% of the first $550 of average final salary plus 1-3/4 percent of the remainder multiplied by the years of service, whichever is greater. Average final monthly salary is defined as the average salary for the highest paid 60-month period within the final 120 months of service prior to retirement.

Union eligible employees - accrued Sick Leave will be converted to service credit for the pension benefit calculation. One month service credit will be counted for each 300 hours of sick leave accrued. Only full increments of 300 hours will be converted for this purpose.

Nonunion eligible employees - accrued STD leave can be converted to service credit for the pension benefit calculation. One month service credit will be counted for each 300 hours of sick leave accrued. Only full increments of 300 hours will be converted for this purpose, OR the employee can choose payment for up to 1000 hours of STD leave, see Section IV.2.e.

Employees may retire at age 62 with ten (10) years Service or at age 55 with twenty (20) years service. Retirement before age 62 requires a reduction in the benefit amount. The reduction is determined by an actuarial chart developed during the initial administration of the Defined Benefit Plan.

The standard option for the Defined Benefit Plan is the Five Year Certain and Continuous benefit. This option guarantees the benefit amount to the employee for life with a minimum guarantee of five years. If the employee dies within the initial five-year period, the employee's beneficiary will receive the same benefit amount until the end of that five-year period beginning with the date of retirement.

Other benefit options may be computed based on the actuarial tables approved by the Plan’s Board of Trustees.

Upon election of a monthly benefit from the Defined Benefit plan, all basic employee contributions with earnings and City contributions with earnings will be deposited in the appropriate disbursement account. The employees' voluntary contributions (if any) with earnings may be withdrawn as described in paragraph iii.

ii. Defined Contribution Plan

This plan applies to non-uniform personnel hired on or after January 1, 1978. Upon retirement or termination of employment after becoming vested, the employee will receive the full account value held in his plan account. The retiring or terminating employee may have taxable portions of that distribution sent directly to a provider of an individual retirement account subject to IRS regulations regarding such plans. Retirees may also have the full account value (or portions thereof) transferred to a provider of annuities or another employer’s qualified plan. At the retiree's option, a survey of available annuity options may be reviewed to determine the best available benefit.

e. Refund of Pension Contributions

Employees who separate from City employment for any reason other than retirement are entitled to a refund of pension contributions. The refund shall be:

i. Defined Benefit Plan participants shall receive their contributions plus interest credited at the rate of 4% per year for contributions made prior to January 1, 1981. City contributions made prior to January 1, 1981, and earnings on those contributions are used to guarantee the benefits for retirees and will not be part of any lump sum distribution.

Contributions made after January 1, 1981, are maintained and reported on the same basis as those for Defined Contribution participants. Terminating employees who are not eligible for, or elect not to receive a monthly benefit amount shall receive their contributions, all interest or appreciation on the contributions plus a portion of City contributions based on the following vesting schedule:

Years of Service Vested Amount
1 Yr. Up to and Including
the Fifth Year of Service 0%

After Five Years of Service 100%

ii. Defined Contribution Plan participants shall receive 100% of their own contributions, all interest or appreciation on their contributions and City contributions and earnings based on the vesting schedule noted above.

f. Alternate plans may be established for specific groups of employees (Department Directors, attorneys, etc.) as approved by the City Manager and authorized by Board of Directors action. Existing plans of this type are administered by the Director of Human Resources who is responsible for ensuring Plan documents, administrative functions and contribution levels are implemented. Questions regarding such plans may be directed to the Director of Human Resources.

10. Pension Plans - Uniform Employees

a. Enrollment and Effective Dates

1. Uniform Police and Fire employees shall be required to participate from the date of employment.

b. Contributions

If employed on or before December 31, 1982:

Employee 6% of salary
City 6% of salary

If employed on or after January 1, 1983:

Employee 6% of salary
City actuarially determined contribution

Uniform employees are exempt from Social Security, except those employees hired on or after January 1, 1986, who must contribute the Social Security Plan's Medicare portion. Contribution amounts are established by federal law.

c. Administration

The pension plans for the uniform employee groups are administered by:

City Finance Department (Uniform employees hired before January 1, 1983)

State of Arkansas LOPFI (Uniform employees hired on or after January 1, 1983)

d. Benefits

Pension benefits are computed as follows:

Uniformed employees hired before January 1, 1983: After 20 years service, employee receives one-half of his average final monthly salary and may retire at any age.

For those officers who delay retirement past 20 years of service, there will be an additional benefit amount. That additional benefit equals $240 per year for each year of service beyond the 20th year. This additional benefit accrues for up to five years of service or a maximum of $1,200 per year. Employees working beyond the 25th year of service receive an additional 1.25% of monthly salary. Maximum benefit is 75% of final salary.

Uniformed employees hired on or after January 1, 1983: Employees can apply for normal retirement if:

a. The employee is at least age 55 and has at least 20 years of credited service; or

b. The employees is at least age 60 and has at least 5 years of credited service; or

c. At any age, with 28 years of credited service.

The amount of benefit will depend on (i) the amount and type of credited service the employee has, (ii) amount of paid service, and (iii) employee's final average pay. Employees should contact the LOPFI office with any questions regarding benefits.

e. Retirement Procedure

Employees in o retire should notify the appropriate administrator 6 weeks before the planned retirement date to allow completion of all required paperwork and computation of benefits.

f. Deferred Retirement Option Plan

Upon reaching eligibility for retirement benefits, uniform employees may elect the Deferred Retirement Option Plan. Information regarding DROP can be obtained from the appropriate Pension Plan Administrator.

11. Workers' Compensation

The City provides Workers' Compensation coverage for all employees. This coverage provides medical and salary continuation benefits to employees who are injured on the job. Injuries occurring while traveling to or from work or occurring away from the place of work during unpaid lunch or break time are not covered.

An injured employee must report any accident to his supervisor immediately, regardless of severity or whether medical attention is required. Noncompliance with this requirement will result in the employee receiving only the statutorily required Workers' Compensation benefits. No authorized injury time will be processed until the required Workers' Compensation forms have been submitted to the Human Resources Department. "Accident Report" forms are available in each department for this purpose. The supervisor or designated representative will assist the employee in completing this form and other Workers' Compensation claim forms. Exceptions to the requirement for immediate reporting shall be allowed only in circumstances preventing the employee from reporting, such as hospitalization or severe injury.

If an On-The-Job injury requires medical attention, a completed claim must be submitted within 7 days. Medical bills related to treatment of an On-The-Job injury must be forwarded to the Human Resources Department.

Upon implementation of the Workers' Compensation Managed Care rule, all City employees must comply with that rule when receiving treatment for an on-the-job injury.

Time lost due to an On-The-Job injury shall be compensated as follows:

a. Nonuniform Employees

The initial three days of time lost after the date of the accident will be charged against accrued leave time (for non-uniform non-union eligible employees accrued leave is limited to PTO) or to leave without pay.

Following the initial three working days, employees injured on the job shall be entitled to full pay for the remainder of 30 calendar days beginning on the date of the injury. Full pay, as referred to in this section, shall mean the Workers' Compensation payment plus the difference between the employee's regular salary and the Workers' Compensation payment. After 30 calendar days, employees may supplement their Workers' Compensation payment with any available leave time to continue to receive full salary.

After the initial 30 day period, no leave shall be accrued. If the employee chooses not to use accrued leave or has exhausted all leave, the payment will be reduced to the Workers' Compensation benefit.

The City will, upon request of an employee, furnish records reflecting the amount of leave used and the amount accumulated.

During the period for which the City provides any compensation, the City may order, at the City's expense, medical examination of the injured employee to determine the degree of disability. If there is a difference in findings between those of the employee's physician and the City's physician, the City may request a third opinion prior to making a decision regarding the employee's disability. The third physician shall be selected by the two physicians and the majority findings shall be the decisive factor.

If it is determined that the employee is able to return to work, a date will be set for that employee to return to work. Employees who are determined able to return to work and fail to do so shall be terminated.

Recurring absences related to a previous injury shall be considered the same injury if they occur within 180 days, subject to administrative analysis and diagnosis of the injury. If recurring leave related to a previous injury is required after 180 days from the date of release and return to work, such leave will be treated as a new injury.

Employees who are on Authorized Injury (AI) leave shall participate only in activities expressly permitted by the attending physician. They shall not participate in activities causing a delay in their recovery.

b. Uniform Police Employees

Application for On-the-Job Injury Leave shall be made as established by Procedural Guidelines on Injury/Sick Leave report.

An employee who suffers an illness/injury while on or off duty, in the performance of his job within the scope of law enforcement, will receive his full salary for a period of six (6) months. Prior to the expiration of this period, a City designated physician shall make a determination of the degree of disability. If the employee has a permanent disability, he shall apply for disability retirement and be separated from the City's employment upon final determination by the appropriate Pension Board. An illness/injury suffered while performing duties for any other employer must be filed with that Employer's Workers' Compensation plan and noted on a claim filed with the City's plan.

If the diagnosis results in the determination that the employee will be able to return to work within the second six (6) months, he shall continue to receive his full salary.

The contracted Workers' Compensation service company will furnish any salary continuation benefit checks to the City. That check will be distributed to the affected employee along with the payroll check for the balance of the employee's regular payroll amount. These checks shall be issued on a regular payroll date. Under no circumstances will the combined checks exceed the employee's regular amount as set forth in Arkansas Workers' Compensation statutes.

No leave shall be charged while the employee is disabled during the twelve (12) month period. If it is determined that the illness/injury was not job related, all absences related to that incident shall be charged against the employee's accrued leave retroactively.

During the eleventh (11th) month of disability, a City designated physician or one acceptable to the City shall make a determination of the degree of disability. If the employee has a permanent disability preventing his return to work, he shall apply for disability retirement and be separated from the City's employment upon approval of disability by the appropriate Pension Board, but not later than the end of twelve (12) months from the last day worked.

If the diagnosis results in the determination that the employee will be able to return to work within the next twelve months he shall be kept on payroll and receive only Workers' Compensation payments. The employee may supplement these payments with any available leave time. At the time of the eighteenth (18th) month, the employee shall either return to full duty status or shall be separated from the City's employment.

At any time during the period for which the City provides compensation, the employer may order, at the City's expense, physical, medical or psychological examinations of the injured employee to determine the degree of disability. The type of examination required shall be based on the nature of the illness/injury and the symptoms causing continued absences. If after administrative review it is determined that the employee is able to return to work, a date will be set for that employee to return to work. Employees who have been determined able to return to work and fail to do so shall be terminated. Employees failing to submit to such examination shall be terminated.

Recurring leave of absence relating to a previous injury shall be considered one and the same injury, if the injury occurs within 365 days, subject to administrative analysis and diagnosis of the injury reported by the attending physician. However, if recurring leave relating to a previous injury is required after one year (365 days) from the date of release and return to work, such leave will be treated as a new injury case.

Employees who are on injury leave shall participate only in activities that are expressly permitted by the attending physician. They shall not participate in activities causing a delay in their recovery.

c. Uniform Fire Employees

Application for On-The-Job Injury leave shall be made as established by departmental Procedural Guidelines.

Employees who suffer injuries which are peculiar to fire fighting shall receive full salary until a determination can be made whether the employee will return to work or has a permanent disability, which will prohibit the return to work, as certified by a physician designated by the City. Injuries Peculiar to Firefighting shall be defined to include burns, scalds, smoke inhalation, and trauma injuries caused by falling/collapsing building components at the scene of and during actively combatting a fire or during simulated firefighting activities while training. Certain falls may qualify under this Article (i.e., through a roof, through a floor, from a ladder, or from a rope) if occurring at the scene of or during actively combatting a fire or during simulated firefighting activities while training. Also included are injuries resulting from explosion or exposure to hazardous chemicals which occur while performing assigned duties.

Employees who have been determined unable to return to work will receive full salary for a period of ten (10) months, starting with the date of disability. No leave shall be charged during that period. During the ninth month of disability, a City designated physician shall make a determination of the degree of disability.

If the diagnosis results in the determination that the employee will not be able to return to work within 24 months from the date of illness/injury, he shall apply for disability retirement and be separated from the City’s employment. If the diagnosis results in the determination that the employee may be able to return to work within the 24 months from the date of illness/injury, he shall receive his Workers’ Compensation benefit amount which he may supplement with available leave. Employees will be charged one-third of the hours normally worked in a regular tour of duty for each day used.

During the 15^th month of disability, a City designated physician shall make a determination of the degree of disability. If the diagnosis results in the determination that the employee will not be able to return to work within 24 months from the date of illness/injury, he shall apply for disability retirement and be separated from the City’s employment.

If the diagnosis results in the determination that the employee may be able to return to work within 24 months from the date of illness/injury, he shall receive his Workers’ Compensation benefit which he may supplement with available leave for the duration of the fourth six-month period. Employees will be charged one-third of the hours normally worked.

During the 23^rd month of disability, a City designated physician shall make a determination whether the employee will be able to return by the end of the 24^th month of disability. If the diagnosis results in the determination that the employee will not be able to return to work within the 24 months from the date of illness/injury, he shall apply for disability retirement and be separated from the City’s employment. If the diagnosis results in the determination that the employee will be able to return to work within the 24 months from the date of illness/injury, he shall return to work on the date specified by the physician. Employees who have been determined able to return to work and then failed to do so, shall be separated from the City’s employment.

Employees injured while performing duties which are non-peculiar to fire fighting shall receive full pay for the first 30 calendar days of disability. After 30 days, the City shall provide Workers' Compensation coverage. Employees may supplement their Workers' Compensation benefits with any available Sick Leave. They shall be charged with 1/3 of a day for each day of leave used. Prior to the expiration of this 30 calendar day period, a City designated physician shall make a determination degree of disability.

If the diagnosis results in determination that the employee will not be able to return to work within 12 months from the date of illness/injury, he shall apply for disability retirement and be separated from the City’s employment. If the diagnosis results in determination that the employee may be able to return to work within 12 months from the date of illness/injury, he shall receive his Workers’ Compensation benefit amount, which he may supplement with available leave. Employees shall be charged one-third of the hours normally worked.

During the 11^th month disability, a City designated physician shall make a determination regarding degree of disability. If the diagnosis results in the determination that the employee will not be able to return to work within 12 months from the date of illness/injury, he shall apply for disability retirement and be separated from the City’s employment. If the diagnosis results in the determination that the employee will be able to return to work within 12 months from the date of illness/injury, he shall return to work on the date specified by the physician. Employees who have been determined able to return to work and failed to so shall be separated from the City’s employment.

At any time during the period for which the City provides compensation, the City may order, at City expense, physical or medical examinations of the injured employee to determine the degree of disability. If it is determined that the employee is able to return to work, a date will be set for that employee to return to work. Employees who are determined able to return to work and fail to do so shall be terminated.

Recurring absences related to a previous injury shall be considered the same injury, if they occur within 365 days, subject to administrative analysis and diagnosis of the injury reported by the attending physician. However, if recurring leave related to a previous injury is required after 1 year from the date of release and return to work, such leave will be treated as a new injury case.

Employees who are on injury leave shall participate only in activities that are expressly permitted by the attending physician. They shall not participate in activities causing a delay in their recovery.

12. Deferred Compensation

Two deferred compensation programs are available to employees. Contributions may be arranged with a plan representative through payroll deduction.

These programs are established by the U.S. Conference of Mayors (PEBSCO) and the International City Management Association (ICMA).

Information regarding contacting the plan representatives is available in the Human Resources Department, Benefits Division.

Representatives of these plans will be responsible for enrollment and change forms required.

13. Credit Union

Credit Union membership is available to City employees. Contribution payments may be made through payroll deductions. The Credit Union is not a function of the City government. Therefore, all decisions and activities of the Credit Union shall be the responsibility of its officers. Information may be obtained from the following:

Non-Uniform Employee and Uniform Police - Arkansas Employees Federal Credit Union - 3^rd and Cross Streets - 374-8346

Uniform Fire - Little Rock Fire Department Federal Credit Union - IAFF Officials - 565‑9181

14. Employee Assistance Program (EAP)

Policy

It is the City's intent to provide assistance to any employee who experiences personal problems which may affect health, morale, family, work performance, as well as other areas. The EAP provides a confidential counseling and referral service to assist in resolving employees' problems.

The benefit is available to all regular full- and part‑time employees and their dependents. Some of the areas covered by this program are: personal, family, marriage, legal, financial, drug, and alcohol related problems.

The City's EAP provider, South West EAP is a local agency with counseling available during business hours and on an emergency basis 24 hours a day, 7 days a week. An appointment may be made by calling South West EAP directly at 663-1997. No employee shall have his or her job security or promotional opportunities jeopardized because of a request for counseling or referral assistance.

There is no charge for initial consultations with the EAP counselors. Any ongoing service with any other community agency may be covered by the health insurance program. The counselors, in cooperation with the Human Resources Department, will assist in providing any information concerning future costs.

Referrals

a. Self-Referral - Employees may personally recognize the need to contact the EAP. In such cases, appointments, except emergencies, should be during the employee's non-working hours.

b. Formal Referral - A supervisor may mandate an employee to the EAP to avoid disciplinary action, in lieu of disciplinary action or more severe disciplinary action as per this City of Little Rock Personnel Policy.

Prior to making a formal referral, the Department Director shall discuss the matter with the Employee Services Manager. Formal referrals are not considered a disciplinary action and should not be noted on a disciplinary action form. The formal notice of the EAP mandate (form PE 153) should be completed and a copy given to the employee and a copy should be sent in a sealed envelope directly to the Employee Services Manager.

It will be the responsibility of the employee to comply with the formal referral and cooperate with the recommendations and treatment established by the counselor. The Human Resources Department shall monitor the employee's compliance with the EAP's recommendation. Employees shall be granted leave with pay for the initial consultation for a formal referral.

In cases of formal referral, the EAP will verify to the Human Resources Director or designated Department staff contact whether the employee (a) kept the first appointment and (b) is following a plan of treatment. That information will be provided to the referring supervisor or Department Director. Any employee receiving EAP assistance will be treated with respect and confidentiality. The confidential nature of medical records and private counseling shall be preserved and such information shall not be provided to the City without signed release from the employee.

c. Any employee who fails to comply with the mandated referral or with the recommended treatment plan or continues to violate rules, regulations or policies is subject to further disciplinary action up to and including termination of employment regardless of compliance with EAP referrals/recommendations.

d. EAP coverage may be extended based on the same qualifying events, time limits, and premium requirements listed under health insurance in this section.

15. Provision of Uniforms

a. Police Employees

The City shall furnish uniforms for its uniformed officers at no charge to the officer.

Each plainclothes officer will receive a clothing allowance of $700 per year, payable quarterly ($175/quarter).

b. Fire Employees

Protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees.

As a pilot program, the City will provide uniform components at no cost to the employee in accordance with the Statement of Working Agreement beginning January 1, 1998.

c. Nonuniform Employees

The City shall provide any department-required clothing for nonuniform employees at no cost to the employee.

16. Parking

Free parking is provided to all employees in designated areas. Parking in restricted areas may result in fines or the automobile being towed away.

Employees will be issued a window sticker by the Department of Human Resources, which is to be displayed in the lower passenger side corner of the windshield of the employee's automobile. The sticker will contain a number identifying the employee in the Human Resources' records.

Upon termination, an employee must return the sticker or any part thereof to the Department of Human Resources as part of the termination clearance process.

Employees working at remote facilities (Public Works Operations, Alert Centers) may not be issued window stickers; however, employees parking at these facilities are required to follow regulations established for these facilities.

17. Funeral Expenses

Uniform Police Employees

The City agrees to pay funeral expenses which exceed the amount paid by Workers' Compensation, to a maximum of four thousand dollars ($4,000), for officers who lose their lives in the line of duty.

SECTION IV
LEAVES

1. General Statement - All Employees

The City provides paid leave time to allow employees to be absent for various purposes without loss of pay. When employees are required to submit a doctor’s statement, the statement must indicate the length of the disability, date(s) of treatment, anticipated return, and any work limitations.

a. Charging Leave

Employees using accrued leave time will be charged one (1) hour for each hour of absence during their scheduled work shift. Unless otherwise specified, the terms day or shift shall mean an eight (8) hour work period. Each department shall be responsible for establishing protocol for requesting leave time (forms, logs, time limits for requests).

Employees regularly scheduled to work eight (8) hour shifts will be charged eight (8) hours leave for each day of absence. Employees will be charged leave for the amount of time the employee is regularly scheduled to work the day they are absent.

Employees in fire suppression positions are scheduled to work 24-hour shifts (24 hours on duty; 48 hours off-duty). For such employees, 24 hours of leave will be charged for each day (tour of duty) of absence.

b. Advancing Leave

Department Directors may advance any combination of up to forty (40) hours of Leave (Vacation, Sick, PTO or STD) to regular or probationary employees. Department Directors may advance Vacation or Sick Leave, or Paid Time Off even if an employee has accumulated leave of another type available. A memo with Department Director approving advancing leave must be forwarded to the Human Resources Department and must indicate actual dates and type(s) of leave to be advanced. HR/Payroll system modification required to advance leave must be entered by the Human Resources Systems Specialist. If advanced leave is outstanding at termination of employment, a dollar amount equal to the advanced leave (hours outstanding multiplied by employee's hourly rate) shall be deducted from the employee's final pay.

c. Leave Procedures for Employees Moving Between Uniform and Non-Uniform Classifications

When an employee moves from a uniform classification to a non-uniform classification and vice versa, Vacation Leave and Paid Time Off balances shall be processed as though the employee had terminated employment. Accumulated vacation leave time will be paid at the employee's hourly rate on the date before the transfer. The employee will then begin accruing leave at the applicable rate for the new classification.

Sick Leave and Short Term Disability may be carried over to the new position and used according to City policy and/or department rules and regulations. Employees transferring under these circumstances will not accrue additional leave time until completion of the probationary period designated for the new classification. The date of the transfer will become the employee's leave progression date for purposes of future leave accruals, including discretionary/personal leave.

d. Leave Procedures for Employees Moving To or From Non-Uniform Non-Union Classifications

Employees moving to a Non-uniform non-union classification will have their vacation and discretionary days converted to Paid Time Off and three days of their Sick Leave converted to Paid Time Off and the remaining balance of Sick Leave to short-term Disability Leave.

Employees moving to a non-uniform union eligible position will have their paid time off leave converted to vacation days and their short-term disability leave converted to sick leave. Discretionary days will be posted according to policy in the same manner the days are posted according to the date of hire.

e. Accrual rates specified as days refer to eight (8) hour days except where otherwise defined. Actual annual leave accrual will equal the number of days specified multiplied by 8. The proportional accrual each pay period will be that number of hours divided by 26 (standard number of pay dates per year) and expressed in hours and minutes. Leave accruals will be shown in the Payroll/HR system as hours and minutes (e.g., 3:29 represents 3 hours 29 minutes).

f. Sick Leave/PTO Abuse

Excessive Sick Leave/unscheduled PTO usage, or repetitive leave usage which creates a pattern, misuse, etc., may indicate abuse. Situations of this type will justify reasonable investigation, and may include telephone calls or personal visits to the employee. Leave abuse may result in denial of paid leave, denial of holiday pay (proof of abuse on the scheduled work shift immediately preceding and/or immediately following a holiday will result in denial of holiday pay) and disciplinary action. Leave abuse will justify a request for verification for each subsequent illness which occurs within the following ninety (90) days. If after thirty (30) workdays during the ninety (90) day period, leave abuse continues, the City may require the employee to be examined by a City appointed physician.

An employee requiring an indeterminate amount of time off due to a non-job related illness or injury shall be referred by his supervisor or Department Director to the Human Resources Department for counseling regarding entitlements under the City's benefits programs.

2. Non-Uniformed Non-Union Eligible Employees

a. Non-uniform, non-union regular full-time employees earn leave from the first day of employment. Leave may only be used after completion of the probationary period, unless it is advanced to the employee by the Department Director (or by the City Manager in the case of Department Directors) as outlined in #1b. Transferred or promoted employees may use approved leave during probation. For this policy, the date of transfer from a uniform position into the non-uniform position will be used as the date of hire for computation purposes.

b. Employees below the level of Mid-Manager shall earn Paid-Time Off at the following rate:

Years of Service

PTO Hours
Annual
Accrual

PTO
Hours
Per Pay
Period Accrual

PTO
Maximum Balance

STD
Hours Annual/pay period Accrual

Up to 3 years of Service

3 to 10 years of service

10 to 20 years of service

20 years of service and over

160

200

224

256

6.09

7.42

8.37

9.51

320

48/1.51

c. Employees at the level of Mid-Manager (Grade 908 and above) shall earn Paid-Time Off at the following rate:

Years of Service

PTO Hours
Annual
Accrual

PTO
Hours
Per Pay Period
Accrual

PTO
Maximum
Balance

STD
Hours Annual/pay period Accrual

Up to 3 years of Service

3 to 10 years of service

10 to 20 years of service

20 years of service and over

184

224

248

280

7.09

8.42

9.37

10.51

320

72/2.51

Department Directors

*

400

72/2.51

*To be determined by the City Manager

Proportional accruals shall be available after each pay period. Reduction of time accrued beyond the maximum allowance shall be computed on December 31 and will be deposited in the short-term disability (STD) account.

d. Short-term Disability (STD)

Each employee will accrue the equivalent of forty-eight (48) hours per year in the STD account or a proportional amount based on hiring date. The maximum balance of the STD account is 1,000 hours except for those employees in the Defined Benefit Plan and those employees hired before January 1, 1981, who will have no maximum. Short-term disability can be used for extended personal illness, or illness of a family member, requiring the employee to be absent more than three days. Time deposited in the short-term disability account may not be transferred back to the paid leave time account.

Employees will be allowed to use up to six weeks of STD for the birth or adoption of a child. The six (6) weeks will begin at birth or upon finalization of the adoption. The six (6) weeks are available for either parent. The first twenty-four (24) hours of the absence will be charged to PTO if leave is available or to leave without pay. This leave can be used in conjunction with PTO leave, or additional STD if supported by required medical documentation. Adoption of a spouse's child will not qualify for leave.

Before an employee can charge leave against the short-term disability account, a STD Leave Request form must be submitted to his Department Director with acceptable documentation. If the Department Director approves the STD leave the request form will be forwarded to the Department timekeeper for entry.

e. Charging Leave: Paid Time Off (PTO) and Short Term Disability (STD)

Absence due to personal illness, or illness of a family member is to be reported as PTO leave time taken for the first twenty-four working hours per incident. When there is no accrued time in the paid leave account, the first three days per incident of illness must be leave without pay. Absence due to personal illness, or the illness of a family member beyond twenty-four working hours will be deducted from the short-term disability account as long as accrued time is available. Leave should be taken in the following order: twenty-four consecutive hours of paid leave time except for chronic conditions as addressed below, short-term disability leave, compensatory leave, remaining paid leave time, leave without pay. Duration of the disability is to be medically determined. No supervisor should compel an employee to return to work without a medical release and supervisors may request a doctor's note before approving unscheduled PTO time in excess of three days. PTO leave time taken and short-term disability time taken will not be considered as time worked for overtime purposes.

An employee returning to work part-time following a short-term disability may continue to draw from the short-term disability account for the time not worked until a full release is given by the physician. An employee will be able to charge additional absences resulting from the same injury or illness to short-term disability if an absence occurs within thirty (30) calendar days of the last absence charged to leave. The absence will be considered a continuation of the incident and charged to short-term disability without charging an additional twenty-four (24) hours to PTO.

Paid Time Off leave may be used for vacation time, personal illness, illness of a family member, and funeral leave. Authorized holidays falling within an employee's vacation period will not be counted as vacation time. Use of paid leave time for other than personal or family member illness or emergency must be scheduled in advance with supervisory approval. Employees must comply with departmental policies for reporting absences and approving time off work. Whenever possible, the City will grant requested PTO leave at the convenience of the employee. However, departmental needs must be met.

f. Chronic Conditions

The City recognizes that employees have medical conditions that require ongoing absences resulting from the symptoms of the condition or for treatment. An employee will have the option of presenting medical documentation yearly to their department director to document such a condition. After an employee charges a cumulative of twenty-four hours to PTO due to this condition or illness, all additional absences can be charged to STD with the Director's approval. Depending on the medical condition, the Director can request documentation for each absence. The employee will only be required to charge the twenty-hours of PTO once per condition and not once a year.

g. Payment of Leave Upon Termination of Employment

Payment for leave upon termination of employment will be as follows, unless otherwise authorized by the City Manager.

Cash payment to an employee in lieu of unused PTO leave will not be permitted except upon termination of employment. Upon termination of employment, the employee will receive payment of all the PTO leave account balance. After five (5) years of service an employee will receive 2.0% of the STD account per year of service (full years based on the employee's date of employment) starting from the first year employment of the most recent date of hire. Employees hired before January 1, 1981, who have no maximum accrual on their STD account, will receive 2.0% per year of service based on a maximum of 1,000 hours. Participants in the Defined Benefit plan will have the option of receiving payment (based on 2.0% per year of service) for up to 1,000 hours of their STD account and/or converting hours in the STD account to additional service credit at the rate of one month credit for each 300 hours of STD. (Years of Service x 2% x accrued time up to 1000 hours x hourly rate = payoff.)

The city will pay a designated beneficiary of any non-uniform employee who dies while an active employee the balance of accrued STD up to a maximum of 1000 hours. This benefit will become effective at the end of the 6 month probationary period when leave benefits are posted and accrued.

3. Non-Uniformed Union Eligible Employees

a. Vacation Leave

Regular full-time employees earn Vacation Leave from the first day of employment but is not shown on employee records in the Payroll/HR system. Leave may not be used until after completion of the probationary period, unless it is advanced to the employee by the Department Director (or by the City Manager in the case of Department Directors) as outlined in Section IV.1.b. After completion of the initial post-hire probationary period, transferred or promoted employees may use approved leave during probation in the new position.

Proportional accruals shall be available after each pay period. Vacation Leave accruals will be prorated based on actual hours in pay status for any pay period when a non-uniform employee has any leave without pay.

Employees shall earn Vacation Leave at the following rate:

Up to 3 years of service = 10 days per year
(3 hrs. 5 min. per pay period)

3 to 10 years of service = 15 days per year
(4 hrs. 37 min. per pay period)

10 to 20 years of service = 18 days per year
(5 hrs. 32 min. per pay period)

20 years of service and over = 22 days per year
(6 hrs. 46 min. per pay period)

b. Requesting Vacation

Written requests for Vacation Leave must be submitted in advance to the supervisor. Every effort shall be made to grant an employee the requested time without disrupting the operation of the department. In case of significant disruption of departmental operations, use of Vacation may be denied. Absences during the affected time frame may be considered as Unauthorized Absence (without pay). Priority shall be established according to seniority.

Vacation may be accumulated; however, a maximum of thirty (30) days (240 hours) for regular full-time employees and fifteen (15) days (120 hours) for regular part-time employees may be carried over to the next calendar year, except when an employee is unable to take Vacation because of departmental needs. If approved in writing by the Department Director, a carry-over of the excess leave shall be permitted. On December 31 any excess Vacation Leave shall be forfeited. Any approved carry-over of excess leave shall not exceed 240 plus the current carry-over year’s accrual.

Employees who have completed the initial probationary period shall be paid for accrued Vacation Leave upon termination of employment for any reason. Such pay-off shall not exceed 240 plus the current year’s accrual.

Employees who incur a sickness or injury resulting in hospitalization while on Vacation may have their leave charged to Sick Leave upon presenting documentation including diagnosis, length of hospitalization, and signature of attending medical authority.

A regular part-time employee hired to fill a regular full-time position may have accrued leave time carried forward. All other policies related to leave accrual during the initial probationary period shall apply.

c. Discretionary Days/Personal Leave

Discretionary Days/Personal Leave are defined as leave time which may be used at the employee’s personal discretion.

Regular, full-time employees shall receive the following number of discretionary days during their first year of employment:

If hired January 1 through March 30 = 3 days
(24 hrs.)

If hired April 1 through June 30 = 2 days
(16 hrs.)

If hired July 1 through September 30 = 1 day
(8 hrs.)

If hired October 1 through December 31 = 0 days
(0 hrs.)

Employees will receive a maximum of three (3) discretionary days per year beginning on the first of the year (January 1) following the date of employment. Discretionary days will not be carried over to the next calendar year nor there be any compensation for DD/PL remaining at termination of employment. Discretionary leave may be used until December 31. Employees who leave employment and then are rehired during the same year will not receive any additional discretionary days.

Discretionary days must be requested and scheduled three (3) workdays in advance, except in cases of emergency. If granting a discretionary day would severely disrupt the operation of the department, the request will be delayed. If more than one (1) employee requests the same date, and granting these requests will disrupt the operation of the department, then priority will be established according to seniority.

The use of discretionary time for the day after Thanksgiving, Christmas Eve, or New Year's Eve must be requested by November 15th.

d. Sick Leave

Sick Leave may be used for an employee’s personal illness or injury and medical, dental, and optical examinations. It may also be used for pregnancy or any related disabilities.

Regular full-time employees earn Sick Leave from the first day of employment at the rate of twelve (12) days per year. Proportional accruals shall be available after each pay period; however, leave may only be used after completion of the probationary period, unless it is advanced to the employee by the Department Director as outlined in 1b above. If unused, this Sick Leave shall be allowed to accumulate to a maximum of 125 days (1000) hours for those regular full-time employees hired on or after January 1, 1981.

Employees hired and enrolled in the Defined Benefit Retirement Plan on or before December 31, 1980, shall have no limit placed on Sick Leave accrual. At retirement, the accrued Sick Leave of employees who are enrolled in the Defined Benefit Plan will be converted to additional service credit for purposes of retirement benefit calculations at the rate of one month credit for each 300 hours of accrued Sick Leave. This accrued time will not result in any other compensation to the employee.

Employees hired on or after January 1, 1978, are covered by provisions of the Defined Contribution Pension Plan. This plan does not provide a Sick Leave conversion formula. However, employees hired after that date but on or before December 31, 1980, shall have no limits placed on their Sick Leave accumulation.

Personal Sick Leave:

Personal Sick Leave may be used for an employee’s personal illness or injury and medical, dental, and optical examinations. For routine examinations, Sick Leave shall be limited to the time required for the exam and reasonable travel time. Additional time used must be charged to another leave type.

It is the responsibility of the employee to notify his supervisor of any illness by the scheduled shift start time from the first day of the absence and daily thereafter on short-term illness, unless instructed otherwise by the supervisor.

During an extended illness, it is the responsibility of the employee to inform the supervisor not less than every week of the status of such extended illness so long as the employee is physically able to do so.

In cases of non-job related injury or illness for which the employee is absent more than three (3) consecutive workdays, the employee shall be required to provide the employer with a physician's statement indicating the length of disability, date(s) of treatment, anticipated return, and any work limitations. For Non-Uniform Union (AFSCME) eligible employees, documentation shall be required after an absence of two (2) consecutive workdays.

Any employee who has to be absent from work in excess of two (2) weeks (10 working days) of the normal and usual convalescence time as established by P.A.S. (Professional Activity Study) may be required to see the City's physician for an evaluation examination and a release to return to work. The City will bear the cost of such examination. If the exam results in a determination that the employee is able to perform the duties of his position, a date for his return to duty will be set. Any employee failing to return to duty after such release shall be separated from City employment.

The city will pay a designated beneficiary or the estate of any non-uniform employee who dies while an active employee the balance of accrued sick leave up to a maximum of 1000 hours. This benefit will become effective at the end of the 6 month probationary period when leave benefits are posted and accrued.

Family Sick Leave:

Sick leave may be used for illness or injury or documented medical treatment, including medical, dental, and optical examinations, of a member of the employee’s immediate family which is defined as spouse, parent or children only, either natural, adopted or for whom the employee has legal guardianship. Parent is limited to the employee's own parent, not a spouse's parent unless the employee has legal guardianship. Such leave shall be limited to eighty (80) hours per year. Employees shall make every effort to schedule non-emergency examinations and inform their supervisors of such examinations as far in advance as possible. Employees may be required to submit documentation of the illness or examination, which may include a physician’s statement or school statement.

Foster children will be included in the definition of immediate family provided that the employee presents documentation from the proper governmental agency showing appointment as foster parent.

e. Sick Leave Bonus Bond Program

Regular, full-time non-uniform union employees are eligible to earn the following bonus in the form of U.S. Savings Bonds for non-usage of Sick Leave:

(1) A $50 bond for no usage of Sick Leave during the period beginning with the first full pay period beginning on or after January 1st through the full pay period ending on or after June 30th.

(2) A $50 bond for no usage of Sick Leave during the period beginning with the first full pay period beginning on or after July 1st through the full pay period ending on or after December 31st.

(3) A $75 savings bond and one (1) day off with pay for no Sick Leave usage during both periods listed above. This is in addition to the two (2) $50 savings bonds. Such bonus day must be used during the calendar year during which it is awarded. Unused bonus time will not be carried forward into another calendar year.

Employees using Authorized Injury (AI) leave shall not be eligible to receive bonus bonds.

Employees must have attained regular (i.e. non-probationary) status at the beginning of the six (6) month period to be eligible to receive a bond for that period.

f. Funeral Leave

Regular full-time employees who have completed the initial post hire probationary period shall receive up to three (3) days (four [4] days for an out-of-state funeral) with pay to handle necessary funeral arrangements or related business for a death in their immediate family. Employees will be paid their regular hourly rate for any excused absence that occurs during their normal workweek for the number of hours regularly scheduled to work on that day. Immediate family shall be defined as: mother, father, or (current) stepparents, brother, sister, son, daughter, grandparents, grandchildren, son‑in‑law, daughter‑in‑law, spouse, or spouse's immediate family.

4. Uniform Police Department Employees

a. Vacation Leave

Leave may only be used after completion of six (6) months of employment or upon completion of the Police Academy Recruit Class, unless it is advanced to the employee by the Department Director as outlined in Section IV.1.b. Employees will only be paid for unused leave after completing six (6) months of employment.

Leave will be earned according to Arkansas State Law. Union eligible employees will receive fifteen (15) days per year. Before vacation leave will be granted, all compensatory time must be exhausted.

Non-Union eligible employees will receive 18 days per year. Proportional accruals will be available after each pay period.

Vacation may be accumulated as follows:

Union Eligible: a maximum of thirty (30) days (240 hours) may be carried over to the next year, except when an employee is unable to take Vacation because of departmental needs. If approved in writing by the Department Director, a carry-over of the excess Leave shall be permitted. Such carry-over shall not exceed 240 hours plus the current year’s accrual.

Non-Union Eligible: a maximum of forty (40) days (320 hours) may be carried over to the next year, except when an employee is unable to take Vacation because of departmental needs. If approved in writing by the Department Director, a carry-over of the excess Leave shall be permitted. Such carry-over shall not exceed 320 hours plus the current year’s accrual.

Employees who have completed their probationary period shall be paid for accrued Vacation Leave upon termination of employment for any reason at the hourly rate in effect on the date of termination. Such payoff shall not exceed 240 hours plus the current year’s accrual.

Vacation Buy Back Program

Uniform non-union police department employees (Police Command) will have the option of being paid for or selling vacation time hours. The intent of this benefit would be to help prevent employees from losing vacation time, not for employees to gain a week's pay. The employees may sell two hours of vacation for one hour of pay. To be eligible the employee must submit in writing a request to the Police Chief requesting payment of vacation time. The request must state that:

The number of vacation hours the employee wishes to sell up to a maximum of 80 hours of vacation (for 40 hours of pay);
The employee has taken or has scheduled to take at least 80 hours of vacation by December 31 of the current year;
The employee has a balance of 160 hours of vacation after the buy back.

The Police Chief's Office will be responsible for ensuring that all criteria has been met and forwarding a report of those wanting to participate to the Human Resources Department. The report should include social security number, name, total number of hours the employee wants to sell (maximum is 80).

b. Discretionary Days

Union eligible employees with five (5) to fifteen (15) years of continuous service shall be granted five (5) Discretionary Days per year (40 hours). Employees with fifteen (15) years or more of continuous services shall be granted six (6) Discretionary Days per year (48 hours).

Nonunion eligible employees with five (5) to fifteen (15) years of continuous service shall be granted five (5) Discretionary Days per year. Employees with 15 years or more shall be granted six (6) Discretionary Days per year (48 hours).

If an eligible employee's leave progression date is before July 1, he will receive Discretionary Days during the current calendar year. If an eligible employee's anniversary date is on or after July 1, he will receive Discretionary Days at the beginning of the next calendar year. For employees transferring to a uniform police position from another employee group, the date of the transfer to the police uniform position will be used to calculate service credit.

Discretionary time shall not carry over to the next calendar year. Discretionary time may be used until December 31.

c. Sick Leave

Leave may only be used after completion of six (6) months of employment or upon completion of the Police Academy Recruit Class, unless it is advanced to the employee by the Department Director as outlined in Section IV.1.b.

Employees shall accrue 6 hours 12 minutes of Sick Leave per pay period, with a maximum allowable accumulation of 1,600 hours.

Sick Leave may be used for personal illness or injury and medical, dental or optical examinations.

An employee shall be compensated in cash at his basic rate of hourly pay for any unused Sick Leave up to 720 hours upon retirement or death.

Family Sick Leave:

Sick Leave may be used for illness or disability requiring hospitalization or emergency treatment in the employee's immediate family. Immediate family is defined as mother, father, spouse or children, either natural, adopted or for whom the employee has legal guardianship, or stepchildren living with the employee. Such leave shall be limited to forty (40) hours per calendar year, and shall be deducted from the employee's accumulated Sick Leave.

d. Funeral Leave

In the event of a death in an employee's immediate family, the employee shall be granted up to three (3) days with pay at the time of the emergency. Immediate family is defined as: spouse and children, mother, father, brother, sister, grandchildren and grandparents of the employee and the employee's spouse.

5. Uniform Fire Department Employees

a. Vacation Leave

Union eligible employees will receive three (3) weeks Vacation Leave, which equals seven (7) tours of duty for 56 hour employees and fifteen (15) tours of duty for 40-hour employees after one year of service. Employees who complete fifteen (15) years or more of service (on or before June 30) will receive 8 [24-hour] or 17 [8-hour] tours each year.

In 2001, employees who complete ten (10) or more years of service (one or before June 30) will receive an additional vacation day for 56 hour employees and two additional days for 40 hour employees.

For clarification, leave accruals will begin on the employee's anniversary date the year before the respective year (accruals start in 2000 for 2001). This will have the result of the employee receiving by his anniversary date the accrued equivalent of the total number of days prescribed in the year listed.

Year of Service

                        1 year - 9 years                        7 tours                                      15 tours
10 years - 14 years                   8 tours                                      17 tours
15 years plus                            9 tours                                      19 tours

Non-Union Eligible employees will receive four (4) weeks Vacation Leave, which equals nine (9) tours of duty for 56 hour employees and twenty (20) tours of duty for 40-hour employees.

Vacation may be accumulated as follows:

Union Eligible: a maximum of 336 hours for 56-hour employees and 240 hours for 40-hour employees may be carried over to the next calendar year, except when an employee is unable to take Vacation because of departmental needs. If approved in writing by the Department Director, a carry-over of the excess leave shall be permitted. Such carry-over shall not exceed 336 plus the current year’s accrual.

Non-Union Eligible: a maximum of 448 hours for 56-hour employees and 320 hours for 40-hour employees may be carried over to the next calendar year, except when an employee is unable to take Vacation because of departmental needs. If approved in writing by the Department Director, a carry-over of the excess leave shall be permitted. Such carry-over shall not exceed 448 plus the current year’s accrual for 56-hour employees, 320 hours plus the current year’s accrual for 40-hour employees.

Reduction of excess Vacation leave shall be computed on December 31.

Accumulated Vacation Leave will be adjusted by a factor of 1.4 when 56-hour employees transfer to 40-hour positions and vice versa.

Vacation schedules will start on January 1 and will be governed by the following policy. Firefighters will bid by seniority, in rank, by district, each person selecting one (1) period before any employee selects a second period. Vacation usage may be split into the maximum number of full days available per year. Firefighters who have the same employment or promotion date shall draw for selection of opportunity prior to the scheduling each year. Once the days have been selected and confirmed, no employee will be allowed to bump another employee from scheduled vacation dates. However, after all days have been selected and confirmed, a Firefighter may change scheduled days if it does not conflict with the vacation or personal leave time that has been previously selected and scheduled within that district. No employee will be denied his choice due to another employee's mandatory scheduling.

Since Vacations must be scheduled by seniority, uniform Fire employees will be advanced Vacation Leave up to an amount equal to the current year’s accrual (168 hours). If advanced leave is pending upon termination, the employee's final paycheck shall be reduced by the amount of the advance still pending.

Employees who have completed their probationary period shall be paid for accrued Vacation Leave upon termination of employment for any reason at the rate of pay in effect on the date of termination.

b. Discretionary Days/Personal Leave

Union eligible employees shall receive Personal Leave Days to be used for personal business at the following rate:

5-9 years

completed on or before June 30^th = 1 tour of duty

10-14 years

completed on or before June 30^th = 2 tours of duty

15-17 years

completed on or before June 30^th = 3 tours of duty

18 or more years

completed on or before June 30^th = 4 tours of duty

Employees in non-union eligible positions at the time leave is posted shall receive Personal Leave days at the rate of 4 tours of duty per year regardless of years of service. Employees promoted during the year will not be entitled to additional Personal Leave Days.

For employees transferring from another employee group to a uniform fire position, the date of the transfer to the fire uniform position will be used to calculate service credit for accrual leave purposes. Personal Leave days will not be carried over to the next calendar year. Personal Leave may be used until December 31.

c. Administrative Leave

Employees may be granted leave for activities beneficial to the department as determined by the Fire Chief. Such activities may include schools and seminars on fire fighting practices, Pension Board and Health Fund Board meetings, and legislative hearings and community meetings.

d. Sick Leave

Employees shall receive Sick Leave at the following rate:

56-hour employees

Up to 4 years = 15 days (tours) per year
(13 hours 51 minutes per pay period)

4 years and over = 12 days (tours) per year
(11 hours 5 minutes per pay period)

40-hour employees

Up to 4 years = 15 days (tours) per year
(4 hours 37 minutes per pay period)

4 years and over = 12 days (tours) per year
(3 hours 42 minutes per pay period)

A proportional accrual shall be available after each pay period. Unused Sick Leave may be accumulated up to a maximum of 100 tours of duty. Sick Leave may be used for personal illness or injury and for medical, dental, or optical examinations.

Employees shall be compensated in cash for accrued Sick Leave at their employment termination due to retirement or death if they have completed 20 years of service. Payment for Sick Leave shall not exceed three (3) months of salary. The amount of payment for unused Sick Leave is to be calculated at the employee's rate of pay in effect on the pay day immediately preceding the employee's retirement or death.

Employees who have completed 10 through 19 years of service will be eligible to receive a prorated payment if they have accrued a minimum of 60 days (1440 hours) at least six (6) months prior to the onset of any illness or injury leading to retirement or death. Employees with 10 years of service shall receive 50% of 1/2 of their remaining accrued Sick Leave, not to exceed 30 days. Each additional year of service thereafter shall increase the rate by 5%. This procedure shall not prohibit an employee from using accrued Sick Leave. Accumulated Sick Leave will be adjusted by a factor of three (3) when 56-hour employees transfer to 40-hour positions and vice versa.

e. Family Sick Leave

Sick leave may be used for an employee's immediate family's serious illness or disability and non-routine medical or dental appointments requiring hospitalization or emergency treatment in the employee's immediate family (immediate family is defined as spouse, children, mother and father) which requires the presence of the employee, not to exceed four (4) tours of duty or 96 hours of duty in a calendar year for 56-hour employees. For forty (40) hour employees, leave for family illness or disability family sick leave shall not exceed seventy-two (72) hours of duty in a calendar year. Emergency treatment is defined as unforeseen necessary treatment performed by a qualified medical professional. Employees may be required to submit documentation that verifies the dates of treatment or hospital confinement.

f. Funeral Leave

In the event of a death in an employee's immediate family, the employee shall be granted leave from the time of death through 1 day after the funeral. For 56 hour employees, such leave shall not exceed two (2) tours of duty. For 40 hour employees, it shall not exceed four (4) tours of duty. Immediate family shall be defined as: spouse and children of the employee, and mother, father, grandparents, brother and sister of the employee and the employee's spouse.

6. Leave for Regular Part-Time Employees

a. Regular part-time employees who worked a minimum of 1,500 hours in the preceding calendar year shall receive six (6) days of Sick Leave in the current year. If unused, this Sick Leave shall be allowed to accumulate to a maximum of fifteen (15) days (120 hours). Regular, full-time non-probationary employees who transfer to regular, part-time positions will receive credit for the previous year’s service for purposes of Sick Leave accrual and may carry over accrued Sick Leave accrual up to the maximum noted above.

b. Regular part-time employees who were in pay status (vacation, sick leave, or actual hours worked) for at least 1,500 hours during the year shall receive the following Vacation Leave:

Up to 10 years of service = 5 days per year
(40 hrs.)

10 years or more = 7-1/2 days per year
(60 hrs.)

Each department must verify the eligibility of employees to the Human Resources Department. All leave amounts will then be posted to each employee’s record no later than the following pay period.

7. Other Leaves for Regular Employees

a. Jury Duty

Employees in regular positions will be granted a leave of absence for time required to serve on jury duty and shall be compensated at their regular rate of pay. Employees will be required to provide verification of the actual time spent for jury selection and duty. Regular part-time employees will be paid for the hours regularly scheduled.

b. Civil Leave

An employee required to be absent from work by a lawful subpoena issued by a court or legally constituted commission, which compels his presence as a witness in a case to which he is not a direct party shall be granted an administrative leave with pay for such absence. Employees will be required to provide verification of the actual time spent in court.

c. General Emergency Leave

When it is determined by the City Manager that a situation exists or is impending which threatens the best interest of the City and the health and safety of employees, general emergency leave with pay may be authorized for all or part of a day. The City Manager will publish guidelines concerning pay policies after such general emergency leave.

d. Military Leave

i. Annual Training and Duties Performed in an Official Duty Status

A regular employee who is a member of the Armed Forces Reserve or National Guard shall be granted a paid Leave of Absence for the purpose of participating in annual military training programs or performing other duties in an official duty status. Any employee requesting such leave must present a copy of his orders to his department for each assignment requiring his absences from the City of Little Rock. The department will be responsible for completing the necessary HR-4 to place the employee on military leave, and once the employee returns to work, the HR-4 to remove the employee from military leave

The employee will be entitled to such a leave of absence for the duration of the training programs or assignments, not to exceed fifteen (15) work days, plus necessary travel time in any one (1) calendar year. (For Firefighters, such leave is limited to 120 hours during any calendar year. Necessary travel time is not to be more than two additional days in any one calendar year.)

Multiple Unit Training Assembly (Drill) is covered under "performance of other duties in an official duty status." An employee who is scheduled to attend drill during scheduled work days may elect to count this time towards meeting the fifteen (15) work day allotment mentioned in paragraph two above.

After an employee has exhausted his allotted fifteen (15) work days in a calendar year, his participation in annual training programs or assignments shall be considered as Leave Without Pay for the remainder of that calendar year. An employee may use accrued Vacation, compensatory time or DD/PL to remain in pay status for short-term (not more than 30 calendar days) after exhaustion of the fifteen (15) work day allotment within the same calendar year.

The employee's insurance and pension plan, and his seniority, leave accrual, longevity and anniversary dates shall not be effected by such absences. Any pension or deferred compensation contributions not made due to military leave may be made up by the employee during the calendar year during which the leave occurred. City contributions, if any, missed will also be made up if the employee makes up his contributions.

ii. Emergency Leave Not Exceeding 30 Days

Any regular employee who is a member of the Armed Forces Reserve or National Guard, who is called to duty in an emergency situation by the Governor or by the President of the United States, shall be granted a paid leave of absence.

The employee will be entitled to such a leave of absence for the duration of the emergency situation, but not to exceed thirty (30) work days. (For Firefighters, such leave of absence is limited to 240 hours.

After an employee has exhausted his allotted fifteen (15) work days in a calendar year, his participation in annual training programs or assignments shall be considered as Leave Without Pay for the remainder of that calendar year. An employee may use accrued Vacation, compensatory or DD/PL to remain in pay status for short-term (not more than 30 calendar days) after exhaustion of the thirty (30) work day allotment within the same calendar year.

Emergency situation is defined as any case of invasion, disaster, insurrection, riot, breach of peace, or imminent danger thereof, threats to the public health or security, or threats to the maintenance of law and order.

The employee's insurance and pension plan, and his seniority, leave accrual, longevity and anniversary dates shall not be effected by such absence. For non-uniform employees, paid holidays occurring while the employee is on military leave will not count toward the fifteen or thirty days of leave.

iii. Military Leave Exceeding 30 Days

Military leave for periods exceeding thirty (30) consecutive working days shall be treated as Veterans' Reinstatement (see Section VI, Number 8).

e. Meet and Confer Sessions

Meet and confer sessions between AFSCME, F.O.P. or I.A.F.F. and the City will be conducted during normal working hours, on the City premises and without loss of pay to the employees.

f. Maternity Leave

Maternity Leave is granted on the same basis as leave for any other medical condition.

g. Leave of Absence

Employees may be granted leave without pay for up to six (6) months. Leaves of Absence are renewable for up to six (6) months. Leave of Absence without pay shall not be granted solely for the benefit of the employee. All such leaves shall be granted at the discretion of the Department Director.

Employees shall continue to accrue seniority while on leave of absence; however, they shall not accrue Vacation/PTO and Sick Leave/STD. Employees will be responsible for paying the cost of all employee insurance coverages and the total cost of dependent insurance coverages.

The pay progression date will be adjusted for those employees who receive step increases by the length of time the employee is on the leave of absence. The employee will not be entitled to any salary increases while on a leave of absence.

h. Family and Medical Leave

In accordance with the Family and Medical Leave Act of 1993, employees who have been employed by the City for at least one year and who have worked at least 1250 hours in that year, may be eligible for unpaid family and medical leave. Eligible employees shall be entitled to a total of 12-workweeks of leave during a twelve month period for the following reasons:

* in order to care for a newborn child;

* as a result of the placement of a child with the employee for adoption or foster care;

* in order to care for a spouse, or a child under 18 years or who is incapable of self-care, or a parent with a serious health condition; or

* because of a serious health condition that makes the employee unable to perform his job functions.

The twelve (12) month period for FMLA leave shall begin on the first day an employee uses any FMLA leave and shall run for twelve (12) months from that date. FMLA leave is not cumulative and unused FMLA leave cannot be carried over to a future twelve (12) month period. The City may require the employee to use accrued leave or other available paid leave first, followed by: the 12 weeks of unpaid leave. The 12 weeks will begin at the exhaustion of the employee's accrued paid time off/vacation, or at the request of the employee in the case of the employee specifically requesting not to exhaust his leave time, or the usage of Authorized or Unauthorized Leave without Pay. Paid Sick Leave/STD will be limited to the amounts specified in the appropriate portion of this section. Catastrophic Leave, if received, will be counted toward the total of 12 weeks of FMLA.

If both spouses work for the City, the aggregate total of allowable leave is twelve (12) weeks in a 12-month period. Normally, the 12 weeks may not be taken intermittently, without the approval of the employee's Department Director. With Department Director’s approval, leave may be taken on a reduced schedule, i.e., shortened workday or workweek. Leave for childbirth or adoption or foster care must be taken within a year after the date of birth or placement of the child.

The employee is required to provide written notice to his department at least 30 days before the leave is to begin, or as much as is practical, if 30 days is not possible. Employees shall be required to submit documentation from a health care provider certifying the need for family medical leave (see attached form "Certification of Health Care Provider"). Once the documentation is received, the department is to complete the necessary HR-4 placing the employee on family medical leave and completing the attached "Employer Response to Employee". Once the employee returns to work, it is necessary for the department to complete the necessary HR-4 terminating the family medical leave.

Medical certification of leave for a serious health condition must contain the following:

* the date the medical condition began;

* the probable duration of the medical condition;

* the appropriate medical facts regarding the condition as known to the health care provider;

* a statement that the employee is needed to care for the ill family member or (in the case of his own illness) is unable to perform his job; and

* if leave is to be on an intermittent or reduced schedule basis, the certification must contain additional information stating this kind of leave is medically necessary and the amount of leave needed.

Absences which occur because of improper notification or without proper certification shall be considered as unauthorized, and shall be handled in accordance with established disciplinary procedures.

Employees requesting FMLA leave on an intermittent basis or a reduced work schedule must propose a schedule of their anticipated work hours, in writing, at least 30 calendar days before the first day of FMLA leave whenever practicable. Only the time actually taken as FMLA leave may be charged against the employee's 12 week FMLA entitlement when leave is taken intermittently or on a reduced work schedule. The certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule.

The City has the right to ask for a second opinion if it has reason to doubt the certification. The City will pay for the employee to get a certification from a second doctor, which the City will select. If the opinions of the two doctors differ, then the city may request the employee get a third opinion at the cost of the City. This doctor must be mutually agreed upon by the City and the employee and the opinion is binding. The City may request recertification in the case of an employee's pregnancy, or chronic, long-term health conditions every thirty (30) days.

NOTE: Health benefits will be maintained under the same conditions as if the employee were working. The City will continue to pay the premium to maintain employee coverage. If the employee has elected dependent coverage(s), the City will continue to pay its portion of the premium, and the employee will be responsible for paying his share of the premium. It will be the employee's responsibility to make arrangements for the method of the payment while on Family Medical Leave.

Seniority and benefits will not continue to accrue during the unpaid portion of the Family Medical Leave.

Upon return to work, the employee shall be restored to the position held before the leave, or to an equivalent position. An "equivalent position" shall be defined as any available job assignment within the employee's job classification, and department for which he is qualified. An employee who does not return to work at the conclusion of the twelve (12) weeks shall be handled in accordance with established disciplinary procedures.

i. Correction of Improper Data Entry or Calculation of Leave Accrual or Leave Usage

Upon written request approved by an employee’s Department Director, incorrectly processed leave accruals or usage will be researched and corrected. Such requests must be received in the Human Resources Department no later than the end of the second pay period following the occurrence.

j. Compensatory Time

As indicated in other sections of this policy manual, some employee groups are eligible for compensatory time off for overtime hours worked. Each affected employee must agree to this arrangement. Use of accrued compensatory time will be treated as time in pay status with the appropriate number of hours deducted from the total accumulated. Use of compensatory time must be requested according to the Department’s leave request protocol.

k. Catastrophic Leave Bank

Effective January 1, 1998, regular full-time union eligible City employees with a minimum of one year of service and a minimum accrual of 100 hours, after a minimum of eight (8) hours contribution (Vacation and Sick Leave combined) may participate in the Catastrophic Leave Bank. Employees must contribute a minimum of eight hours of accrued leave time to the bank (maximum contribution is 40 hours). All authorized contributions will be deducted from the employee’s accrual; however, the maximum accumulation for the bank will be 10,000 hours. Employees will not be allowed to join if unpaid leave was utilized to achieve the minimum balance of leave.

A participating employee who has exhausted all available leave time and who presents documentation of the ongoing illness from the treating physician may request additional leave time from the Catastrophic Leave Bank. A committee appointed by the City Manager will review all requests and documentation and will decide whether to grant Catastrophic Leave. The decision of the committee is final. Leave granted may not exceed the later of 1) the date the employee is released to duty (full or modified) by the treating physician or 2) the date of eligibility for disability benefits.

Enrollment will be conducted twice each calendar year (January and July). After enrollment, an annual eight-hour contribution will be automatically deducted from accrued leave during each January enrollment cycle. Participation will continue until the participating employee requests termination of participation in writing. Enrollment and Catastrophic Leave Request forms are available from the Human Resources Department.

l. Holidays

Employees in regular full-time (RFTP and RCSP) and limited service (LSPF) positions shall receive the following holidays with pay:

                        New Year's Day                                 Independence Day
Martin Luther King's Birthday              Labor Day
President’s Day                                   Thanksgiving Day
Memorial Day                                     Christmas Day

When a listed holiday falls on Saturday or Sunday, the preceding Friday or the following Monday, respectively shall be observed as the holiday. If the holiday falls on a regular Friday pay date, checks will be issued on the day before the holiday (Thursday).

Employees who are in pay status for at least five (5) hours of the scheduled work shift immediately preceding a holiday and at least five (5) hours of the scheduled work shift immediately following a holiday, shall receive holiday pay for that holiday.

If one of the listed holidays occurs within the employee's Vacation or scheduled days off, the employee shall be entitled to an additional day off with pay for each holiday, or pay for that holiday, at the discretion of the Department Director.

m. Administrative Leave

Administrative Leave may be granted to employees, in addition to other leave types, and must be accounted for in the payroll system. Administrative leave will be paid at the employee's current rate of pay and will not be considered time worked for FLSA purposes. Leave can be granted for, but not limited to, the following unless otherwise defined in a collective bargaining agreement:

i. Additional time worked by exempt employees

ii. Pending completion of an investigation or receipt of a disciplinary action.

iii. As determined by the Director or City Manager.

8. Leave Usage Upon Separation From City Employment

Accrued leave may not be used for the last scheduled day of City employment except for retirement and cases of a documented disability. Employees retiring with a minimum of five (5) years of service with the City may remain in pay status until accrued Vacation Leave is exhausted. For employees hired on or after January 1, 1999, this status shall not exceed 30 working days (14 tours of duty for 56-hour uniform Fire Department employees) of accrued Vacation Leave; no additional leave will accrue during the time such leave is being exhausted. Any Vacation in excess of 240 hours (336 for 56-hour Uniform Fire employees) shall be paid as a lump sum upon final separation from City employment. No other leave types may be used for this purpose unless otherwise approved by City Manager.

SECTION V
DISCIPLINARY ACTIONS, APPEALS, AND GRIEVANCES

A disciplinary action taken against an employee shall be for just cause, except that Department Directors and Assistant City Managers hired after July 1, 2002, shall be considered at-will employees who may be terminated at any time with or without cause. In lieu of termination, a Department Director or Assistant City Manager may, upon request by the City Manager, submit his resignation. The City provides procedures to appeal disciplinary actions and to grieve perceived improper adverse actions to those employees in regular and limited service positions (RFTP, RPTP, LSPF, or LSPP) who have completed the post-hire and post-promotion probation. To ensure that employees are notified of their rights of appeal, a disciplinary action must be documented on an official Little Rock form.

Employees in temporary positions (TAPF, TAPP, TEPF, and TEPP) and employees who have not completed the post-hire probation do not have access to procedures to appeal disciplinary actions. Employees in post-promotion probation do not have access to procedures to appeal disciplinary actions less than termination of employment.

Disciplinary actions shall be administered without regard to an employee’s Fair Labor Standards Act (FLSA) exemption status, except where noted in this section.

2. Disciplinary Actions

a. The usual sequence may be progressive in severity for regular and limited service employees who have completed the post-hire probation; however, the disciplinary action selected must be determined after considering the gravity and impact of the offense, the employee's work record, and other relevant factors. There is no guarantee that progressive discipline will be employed.

b. The cause for any action and the effective dates must be documented on official forms. Forms to document disciplinary actions may be obtained from the Human Resources Department.

c. Any disciplinary action form should be signed and dated. The employee's signature indicates only that he has read the disciplinary action, not agreement with the action taken. An employee's refusal to sign shall be witnessed by another employee (not the supervisor), and so noted on the document.

d. One (1) copy of any disciplinary action will be furnished to the employee, and the original shall be forwarded to the Human Resources Department.

e. With the exception of an oral reprimand, any notice of disciplinary action shall be placed in an employee's personnel file where it will remain.

After twelve (12) months free of any disciplinary action, no reprimand or warning shall be considered in any future disciplinary action.

3. Types of Disciplinary Actions

A disciplinary action may take any of the following forms:

a. Oral Reprimand

A formal discussion between an employee and his supervisor. This should not be confused with counseling or other more routine discussions. An Oral Reprimand shall be documented on an official Oral Reprimand form, but will not be placed in an employee's personnel file in the Human Resources Department but maintained by the Department.

An employee has the right to have the Oral Reprimand repeated in front of a person of his choosing.

b. Written Reprimand

A formal written warning which is considered the first step in progressive discipline.

c. Suspension

A disciplinary action which removes an employee temporarily from his position; the employee receives no compensation for such time.

Exempt employees (FLSA Code 1) shall not be subject to a suspension of less than five (5) days.

A suspension may be delayed for forty-eight (48) hours; this time period may only be extended due to departmental emergencies. After serving the first five (5) days of a suspension, a non-uniformed employee, may, with the approval of the Department Director, select the following substitute action:

Forfeiture of Leave

i. From the sixth (6^th) day on, an employee may forfeit any accrued vacation/PTO or discretionary leave on a day for day basis.

ii. Forfeiture of leave may not exceed ten (10) days of vacation plus three (3) Discretionary Days or thirteen days of PTO in a calendar year.

iii. An employee's selection of the substitution shall not prejudice his appeal rights.

d. Demotion

A disciplinary action which moves an employee to a classification with a lower pay grade. This action shall result in a ten percent (10%) reduction of pay, or the employee's salary shall be reduced to the maximum of the lower grade, whichever results in the lesser rate of pay. For non-uniform union eligible employees, the

demotion shall result in a reduction of pay of at least six (6) percent. In no case shall the reduced salary be lower than the minimum of the lower grade.

Discretion as to whether a demotion will or will not occur lies with the Department Director. The employee shall be notified ten (10) days prior to the demotion's effective date.

e. Termination

A disciplinary action which results in an employee's removal from the City work force.

Pre-Termination Hearing

i. An employee in a regular or limited service position (RFTP, RCSP, RFTP, LSPF, and LSPP) who has completed the post-hire probation must receive a pre-termination hearing prior to being given the disciplinary action. He shall be notified on a form provided by the Human Resources Department. The employee should be placed on Administrative Leave (Administrative Leave is always with pay) until the date of the hearing.

ii. An employee must be made aware of any evidence of the alleged infraction and the possibility that termination of employment may be the anticipated disciplinary action.

iii. An employee must be given an opportunity during the pre-termination hearing to respond to the allegation.

iv. The pre-termination hearing shall be brief and is not to be confused with an appeal hearing. The hearing must be tape recorded.

Pre-termination hearings serve as an initial check against mistaken decisions. Such hearings serve as an opportunity to determine whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action by management. A pre-termination hearing provides the employee with oral or written notice of the charges, an explanation of the supervisor’s evidence, and an opportunity to tell his side of story. Attendance at the pre-termination hearing will be limited to the employee and the management representative(s).

Termination Process

In the event of termination, an employee will be suspended five (5) working days without pay upon receipt of notification immediately prior to the effective date of termination and after the pre-termination hearing. Such five (5) day suspension is to allow for appeals and is not considered a separate disciplinary action. The employee should be given a Termination Clearance form and encouraged to complete the Termination Clearance process even if he plans to appeal the action.

There are certain kinds of actions which cannot be permitted to occur because of their unfair impact on other employees or the City. Such infractions warrant termination of employment on the first occurrence. These infractions include, but are not limited to:

A. Insubordination.

B. Breach of confidence or security.

C. Falsification of work or City records/documents including an application of employment or promotion with the City.

D. Theft.

E. Two (2) consecutive absences without notification in advance of the work period.

F. Gross negligence.

G. Solicitation of personal gifts or fees in the course of work.

H. Use of alcohol on City premises or equipment; or being on duty while under the influence of alcohol.

I. Initiation of physical violence while on duty or on City property; physical force against another employee or citizen.

J. Operation of equipment in an unsafe manner where the possibility exists for serious injury to oneself, another employee or the public.

K. Possession, transfer, sale, or use of illegal drugs/controlled substances on the City premises or equipment; or being on duty while under the influence of illegal drugs.

L. Possession, transfer, sale, or use of a deadly weapon while on duty or on City property, except as required as part of assigned duties.

M. Unsatisfactory work performance.

4. Appeals

a. Appeal Rights

Regular and limited service employees (RFTP, RPTP, LSPF, and LSPP) who have completed the post-hire probation may appeal disciplinary actions, with the exception of oral or written reprimands. Promoted employees on probation do not have access to procedures to appeal disciplinary actions that are less than termination of employment. The disciplinary process will be used for termination of employment actions for those employees who have not completed their post-promotion probation.

Non-Uniform Union Eligible Employees - Employees who have completed the post-hire probation may appeal written reprimands and appeal the disciplinary action on the basis the action is untimely.

Uniformed Employees - See the appeal process in Civil Service Commission Rules and Regulations.

b. Appeal Procedure

i. All appeal hearings shall be requested on forms provided by the Human Resources Department.

ii. An employee may choose to have a written rebuttal attached to the Written Reprimand, which will be placed in his personnel file. The written rebuttal must be submitted to the Director of Human Resources within (10) working days from receipt of the disciplinary action.

c. Appeal Steps

i. If an appeal is desired, the appeal request must be submitted directly to the Human Resources Department within ten (10) working days from receipt of the disciplinary action.

ii. Upon notice of appeal, the Human Resources Department shall notify the department where the employee works, which will then have three (3) calendar days to provide the information it used to base its decision to discipline to the employee and if applicable, a list of witnesses it intends to call at the appeal hearing. The employee will be required to pick up the materials at the offices of the employee's department head and sign a receipt documenting the material he received from the department. Notification to the employee of the availability of the materials will be made by telephone to the number provided to Human Resources by the employee. Notification will be deemed to have been made when at least three attempts are made to reach the employee by telephone. If the employee cannot be reached, the hearing will be scheduled as described in (c)(iii).

iii. The hearing procedure shall be as follows:

The Human Resources Department shall hold the hearing after a minimum of seven days from expiration of the three day period in which the employee is provided with all information referenced above (c.ii.) . The employee shall be notified of the date, place and time of the hearing, which will not be rescheduled unless there is a documented emergency. The inability to reach the employee to notify him of the hearing date shall be deemed a waiver of the appeal hearing, unless good cause if shown why the employee was unavailable to receive notice. This decision will be made by the hearing officer assigned to hear the appeal.
Each party may have any employee present as a witness; at least one (1) day in advance the appellant shall inform the appropriate Department Director in order to grant his witness leave from the job.
The Human Resources Department will forward a written recommendation to the City Manager, who will make a final decision within five (5) working days.

The Hearing Officer's recommendation may be to:

a. Uphold the infractions as stated on the disciplinary action form and either sustain or modify the level of disciplinary action;

b. Overturn the disciplinary action entirely;

c. Overturn the disciplinary action and remand the action to the department to evaluate possible infractions and disciplinary action. The department should contact the Human Resources Director for steps to reissue the action.

All parties will be notified in writing of that decision.

5. Appeal Hearing Proceedings

The purpose of the hearing will be to ascertain facts surrounding the disciplinary action.

At disciplinary action appeal hearings, the employee is entitled to be represented by a union steward, attorney, or other representative. Both parties may present witnesses and documentary evidence, and will be given an opportunity to present their case, an oral rebuttal, and a closing statement, and to ask questions of witnesses. However, the appeal hearing is not a trial and rules of evidence normally observed in a court are not applicable.

The Director of Human Resources or his designee shall be in charge of the entire hearing procedure.

Non-Uniform Union Eligible Employees

Suspensions of ten (10) days or termination will be heard by a representative of the City Manager and representative from the AFSCME Union upon request of the appellant. Upon completion of the hearing if there is concurrence a joint finding and recommendation will be submitted to the City Manager. If the two hearing officers are unable to agree, they shall submit separate findings and recommendations to the City Manager within ten (10) regularly scheduled working days after the date of the hearing. The City Manager will, within five (5) regularly scheduled working days, make a final decision.

6. Civil Service Appeals

Regular civil service status employees (RCSP) may appeal disciplinary actions, with the exception of oral, written reprimands and suspensions of less than fifteen (15) days, directly to the Civil Service Commission.

i. An appellant must submit in writing a request for an appeal hearing to the Civil Service Commission c/o the Human Resources Director within ten (10) days of receiving the disciplinary action.

ii. An appellant shall comply with the procedure as outlined in the Civil Service Commission Rules and Regulations available in the Human Resources Department.

7. Grievances

a. Grievance Definition

A grievance shall be defined as a formal complaint concerning any perceived improper application of a written policy, regulation, or procedure which personally affects any employee.

b. Grievance Rights

Any employee who presents a grievance in good faith and within established procedures shall be free from any discrimination or retaliation. Employees are encouraged to discuss the problem with their supervisors prior to filing a grievance.

c. Grievance Procedure

i. A grievance must be in writing on the appropriate form as provided by the Human Resources Department.

ii. The grievant and the individual against whom the grievance has been filed and the appropriate Department Director may have one person of their choice present at the third step hearing.

iii. The grievant may have any employee present as a witness; he shall inform the appropriate Department Director prior to the hearing in order to grant the employee leave from the job.

The grievance response must be in writing either on the form or on a memo, to be attached to the grievance. Copies of the grievance and the response for each step must be submitted to the Director of Human Resources.

iv. Non-Uniform Union Eligible Employees

Any complaint which is denied for reasons of grievability may be referred to Step Three of this section for a hearing specifically as to the grievability.

d. Grievance Steps

i. Step One

The employee shall submit the grievance to his supervisor within five (5) working days of the occurrence or awareness of the grievable action .

ii. Step Two

The supervisor shall respond with five (5) working days. The supervisor should sign the form indicating whether or not a resolution was reached; if the grievance is not resolved at this step, the employee may submit the grievance as a Step Two Grievance to the Department Director.

iii. Step Three

If the Department Director is the immediate supervisor or the grievance does not get resolved at this step, the grievant may proceed to Step Three and submit the grievance directly to the Director of Human Resources. A copy of the grievance shall be forwarded to the Department Director.

A hearing will be scheduled within ten (10) working days from the date the grievance is received; the grievant will be notified and is responsible for notifying his witnesses.

The Director of Human Resources will forward a written recommendation to the City Manager, who will make the final decision within five (5) working days. All parties will be notified of that decision.

A grievant and his supervisor may discuss and resolve the grievance at any time during the process.

Established time frames may only be extended by written agreement of both parties.

The grievant is responsible for forwarding the grievance form through each of step of the process.

8. Grievance Hearing Proceedings

The purpose of the hearing will be to ascertain facts surrounding the grievance.

At grievance hearings, the employee is entitled to be represented by a union steward, attorney, or other representative. Both parties may present witnesses and documentary evidence, and will be given an opportunity to present their case, an oral rebuttal, and a closing statement, and to ask questions of witnesses.

The Director of Human Resources or his designee shall be in charge of the entire hearing procedure.

9. Harassment

a. Harassment Policy

The City is committed to providing a work environment that is free of discrimination and harassment. Harassment of employees and nonemployees is strictly prohibited. All employees are encouraged to act responsibly and to recognize that false accusations of harassment can have serious effects on innocent individuals. Any employee found guilty of harassment shall be subject to disciplinary action, up to and including termination of employment. This policy outlines the responsibilities and procedures for dealing with complaints of harassment.

b. Harassing conduct may be expressed as:

i. Sexual harassment, which is defined as:

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(3) such conduct has the purpose and effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

This includes, but is not limited to: repeated offensive sexual flirtation; advances; propositions; continued or repeated verbal abuse of a sexual nature; offensive verbal comments about an individual’s appearance; sexually degrading words to describe an individual; and the display of sexually suggestive objects or pictures.

ii. General harassment, which is defined as:

actions, words, jokes, OR comments based on an individual’s race, sex, religion, national origin, age, disability, or ethnicity.

c. No supervisor shall threaten or insinuate, either explicitly or implicitly, that an applicant’s or employee’s submission to or rejection of sexual advances will in any way influence any decision regarding that individual’s employment benefits (advancement, evaluation, wages, or any other term or condition of employment), nor shall any employee engage in behaviors which would constitute an intimidating, hostile, or offensive work environment.

Examples of these types of behaviors include, but are not necessarily limited to: verbal harassment (derogatory statements, slurs), physical harassment (assault, physical interference with normal work), visual harassment (poster, cartoons, drawings), and innuendo.

Any employee who has grounds to believe that he is exposed to harassment is encouraged to file a complaint. Complaints will be handled confidentially, to the extent legally possible. Employees will not be retaliated against for filing a complaint.

The investigative process includes, but is not limited to, the following steps:

(1) City employees may present their complaint to their immediate supervisor, Division Manager or Department Director as soon as possible following the alleged act(s) of harassment for resolution. If this is not possible or desirable, the employee should present the complaint to the Director of Human Resources. The Director of Human Resources shall inform the respective Department Director of any complaint of harassment.

(2) The person conducting the investigation shall do so in the most expedient manner possible to attempt to resolve the complaint in a timely manner.

(3) Upon completion of the investigation by the appropriate department, a written decision shall be issued to the complainant, the alleged harasser, and the Director of Human Resources. When the Director of Human Resources is the person conducting the investigation, a written resolution shall be issued to the complainant, the alleged harasser, and the Department Director.

Should any such decision be disputed by any party, he may request a resolution meeting shall be scheduled with the Director of Human Resources within seven (7) calendar days of receiving the written resolution. The Human Resources Director will forward a written recommendation to the City Manager whose decision will be final.

SECTION VI
SEPARATIONS AND REHIRES

The City has made provisions to cover the personnel actions of separation from or returning to employment. Such actions may be achieved through:

                        Termination
            Resignation
            Retirement
            Layoff
            Disability
            Reinstatement
            Recall

No leave time shall be granted for the last day an employee is scheduled to work prior to separation, except for employees separating due to disability or retirement. Employees with a documented disability may use any accrued leave time to remain in pay status until such leave is exhausted or until disability benefits begin. Retiring employees may remain in pay status until accrued vacation and discretionary leave or PTO is exhausted.

2. Termination

Termination is an involuntary separation from employment. It may be for any of the following reasons:

                        Elimination of programs or services
            Inability to perform duties
            Unsatisfactory performance
            Discipline

Employees who are in leave-without-pay status and do not return to work and who are not eligible for disability benefits may be terminated at the discretion of the Department Director, with prior approval of the Director of Human Resources.

3. Resignation

a. A resignation is a voluntary separation from employment. In order to be considered for reemployment, an employee must submit a written resignation to his immediate supervisor no later than ten (10) working days before the effective date. All supervisory or management staff is expected to make every effort to give notice with as much time as possible prior to leaving employment, but no less than ten (10) working days.

b. All Department Directors hired after July 1, 2002, and any Department Director hired before that date who so chooses, will be governed by the provisions of this policy and may be requested to resign at any time by the City Manager. Upon such request, the affected Department Director will immediately resign his position and be entitled to any and all benefits he would normally receive.

In addition, if the Department Director voluntarily resigns upon request, he may be offered a severance package in exchange for a full and complete release of any and all claims he may have pursuant to local, state and federal law. The severance package, to which the Department Director is not otherwise entitled, will be provided upon execution of a release and severance agreement prepared by the Little Rock City Attorney’s Office. If the Department Director does not submit his requested resignation, his employment will be immediately terminated with no payment of a severance package. A Department Director hired before July 1, 2002, who refuses the City Manager’s request to resign will be afforded the due process rights available to all other employees, with the exception of Department Directors hired after July 1, 2002, but there will be no payment of a severance package.

The benefits offered in the severance package shall be subject to negotiation by the City Manager and the Department Director, and are subject to availability of the necessary funds. The severance agreement containing the agreed on benefits shall be subject to approval as to legal form and content by the Little Rock City Attorney’s Office.

c. No severance package shall be offered to any Department Director who is terminated because of gross misconduct.

4. Retirement

Employees who separate from the City's employment due to retirement may elect to remain on the payroll, in pay status, until accrued Vacation Leave/PTO is exhausted. This shall apply only to Vacation/PTO accrued at the date of retirement. For employees hired on or after January 1, 1999, such time shall be limited to 30 days of accrued Vacation/PTO. No additional Vacation/PTO shall accrue during the time this leave is paid.

The same provisions outlined above shall apply for Department Directors/Assistant City Managers who retire except that they may elect to stay in paid status until accrued time is paid out. Further, the Department Director/Assistant City Manager's final payment will include payment for six (6) months of health care, and then they will be treated as any other retiree.

5. Termination Clearance

Employees shall complete the termination clearance process upon terminating employment and prior to receiving their final paycheck.

Employees shall obtain clearance forms from and initiate the process with their department, and continue through the listed departments in the Table below. A document showing the reason for separation (letter of resignation, disciplinary action, etc.) shall be provided to the Human Resources Department at the time of termination clearance.

This process ensures that the employee has received information regarding benefits available and has returned any City-owned items. If an employee is unable to complete the process or is unwilling the department should inform the Benefits Office, 371-4518.

The final paycheck shall not be released unless the process has been completed.

Finance	Travel Advance, Computer System Security, Other
Human Resources	Insurance Information (COBRA), Retirement Contribution, Parking Permit
Department/Division	Badges, ID Tags, Keys (Building and Vehicle), Sonitrol Card, Fuel Card, Tools, Equipment, Tuition Aid, Uniforms
Credit Union	Loans, Account Balance
ICMA/PEBSCO	Deferred Compensation

6. Reemployment

a. A former employee who separated from the City's employment in good standing will be considered for rehire pursuit to this policy.

b. A former employee considered for rehire in the same classification which has not changed significantly in duties or requirements must have satisfied the following requirements:

i. Submission of a timely resignation notice.

ii. Documented satisfactory performance during previous employment.

c. If rehired within one (1) calendar year, he shall be compensated at any rate between the entry level of the range up to the salary received at separation, upon the approval of the Director of Human Resources. The employee does not have to re-test unless the process has changed.

A former employee seeking reemployment after one (1) calendar year of absence shall be considered a new applicant.

For purposes of establishing leave accruals, seniority and longevity, the most recent date of employment shall be used. If the break in service does not exceed the previous years of service the employee will have the option of joining the Pension Plan immediately or after one year of service if the break in services does not exceed the total of the employee's previous years of service.

The Department should submit a request in writing requesting the former employee be rehired. The Human Resources Department will ensure that the employee has met all requirements and will determine what, if any, screenings must be completed before the employee is allowed to be re-hired. Once approval from Human Resources is received, the department will be responsible for completion of the HR-4 form.

d. Career Ladder

i. A former regular full-time employee who resigned from a career ladder position and seeks reemployment within one (1) calendar year to a first level position, shall be given full credit for time served.

ii. A former employee who resigned from a career ladder position and seeks reemployment after one (1) calendar year, but within two (2) calendar years, shall be credited for time served as follows:

Employee shall receive credit not to exceed 50 percent of the time required for advancement from one level to another in the career ladder. For a regular part-time position employee, the percentage of credit shall be reduced to 40 percent. No credit will be allowed unless the employee worked a minimum of 20 hours in a normal workweek.

iii. A former regular part-time employee transferred to a regular full-time position shall receive credit for 50 percent of the time served if he worked a minimum of 20 hours in a normal workweek.

iv. A regular part-time employee transferred to a regular full-time position shall receive credit for 75 percent of the time served, if he worked a minimum of 20 hours in a normal workweek during any time while a regular full-time position vacancy existed.

Credit shall be granted only if the duties from the part-time position are exactly the same as in the full-time position.

A list of career ladder positions is available in the Human Resources Department.

7. Reinstatement

Disciplinary

Any employee who has a right, benefit or privilege reduced or adversely affected by a disciplinary action which is overturned on appeal shall have those rights, benefits, and privileges fully reinstated. An employee who received pay-off of accrued leave time as part of a disciplinary termination may, upon reinstatement, repurchase some or all of the leave by returning the money received to the City. Repayment will be at the hourly rate in effect on the date of termination.

Restoration of benefits to Civil Service employees whose disciplinary actions are overturned are addressed in the Rules and Regulations of the Little Rock Civil Service Commission.

8. Veteran's Reinstatement

a. An employee separating from a regular position to join the Armed Forces shall be reemployed under the following conditions:

i. The period of military service did not exceed four (4) years, except for extensions specifically requested by the United States government (documentation of the extension received is required).

ii. Application for reemployment is made in writing within 90 days of discharge from military service.

iii. Documentation of discharge or release from active duty under honorable conditions is presented.

b. A qualified veteran meeting the listed conditions shall be reinstated within two (2) weeks of application to a position for which he is qualified, at the salary level he would have obtained had he not entered military service, excluding any increases based on performance. If no position vacancy exists, the Department Director shall lay off another employee, unless an exception is granted by the City Manager.

c. A reinstated veteran shall be given credit for these years of military service for the purposes of longevity, seniority, leave accrual and pension dates. However, pension reinstatements will require repayment of refunded contributions, and payment of any contributions that would have been made during the period the employee was on active duty. These payments must be made in accordance with current Internal Revenue Service (IRS) regulations. Contributions to an existing Deferred Compensation Plan (Section 457) which were missed due to the active duty status may also be paid by the employee subject to Section 457 rules.

9. Layoff

i. Changes in programs, reorganization, lack of work or funding may result in layoff. Total City seniority and documented job performance shall be factors in determining which employees will be scheduled for layoff. After the Department Director determines the positions affected, incumbents shall be identified in writing to the Director of Human Resources. The department shall not take any layoff action without the approval of the City Manager. The Human Resources Department should be notified of the layoff to assist in the process. Whenever possible, employees will be given 30 calendar days notice.

ii. Employees who are in their probationary period (See Section I.14.1.a) will be the first considered for layoff. This does not apply to employees in their performance only probationary period following a promotion.

iii. During the period of time an employee is designated as serving as an AFSCME Union Steward, the employee shall be deemed to have more seniority than all employees in the same job classification and division for purposes of layoff and recall. Such seniority shall only apply to those Stewards whose names have been properly certified to the Director of Human Resources.

iv. The City Manager will make every reasonable effort to ensure that affirmative action goals are considered before approving layoff designations.

v. Any employee on layoff may request distribution of any vested pension contributions.

vi. Any employee on layoff may extend insurance coverage under the conditions described in the Administrative Personnel Policy and Procedure Manual.

vii. This policy shall be subordinate where in conflict with current Union agreements.

10. Recall

Recall rights shall extend for 18 months from the date of layoff. The date of layoff is defined as the date of termination of employment pursuant to a layoff notice. Recall rights shall only apply to persons laid off from full-time regular positions. Laid off employees shall be recalled to their former classification in their former department according to their total City seniority ("total City seniority" does not include credit for the period of the layoff). Vacancies in a job classification where a layoff occurred shall only be filled from the recall list until all laid off employees from that classification in that department have been offered a return to work. In response to Request for Personnel (HR-1) form, the Human Resources Department will mail the recall notice to the most senior person on the appropriate recall list.

Employees laid off during their initial probationary period shall have no recall rights. Persons laid off from part-time, temporary, limited service, or grant authorized positions shall have no recall rights.

A recalled employee will be given credit for service prior to layoff for purposes of longevity and pension vesting. All other pre-layoff benefits still included in the City's compensation program will be reinstated. A recalled employee shall be compensated at the pre-layoff rate, if such salary falls within the salary range for the classification. In no instance shall a salary, at recall, result in a salary outside of the range for the classification.

Any distribution of pension contributions made under the Defined Contribution Plan may be repaid to the pension fund at the employee's option within six (6) months of recall. If a recalled employee was covered under the Defined Benefit Plan before the layoff and wishes to continue in that plan, all distributions must be repaid within six (6) months of the recall. If distributions are not repaid, the employees' benefit will be based on provisions of the Defined Contribution Plan.

Recall rights of laid off employees shall be terminated upon occurrence of any of the following:

i. Eighteen months from the date of layoff, or recall to former classification.

ii. Refusal of an employee to accept recall to a position in his former classification.

iii. Return of certified mail recall notice as not delivered for any reason.

iv. The laid off employee fails to notify the appropriate Department Director of his intent to return to work within ten (10) work days after the first date of attempted delivery of recall notice. The date of delivery as indicated on the return receipt for certified mail shall be considered the first date of attempted delivery. For the purposes of this section, work day shall be defined as Monday through Friday when the City offices are open for business.

v. The laid off employee fails to return to work within 15 work days after receipt of recall notice.

vi. A laid off employee accepts a position with the City in a classification other than his former classification.

vii. Election of a monthly benefit option under the Nonuniform Defined Benefit Plan (requires all other plan requirements for age and service be met).

Laid off employees who are eligible for recall shall be considered for employment in classifications other than their pre-layoff classification. Such consideration shall be as follows:

i. The laid off employee shall be responsible for monitoring City job postings and submitting an application for the position.

ii. The laid off employee shall be included in the competitive selection process, including those limited to City employees. The right to competition as a City employee shall expire 18 months following layoff if the laid off employee is not recalled.

iii. If selected, the laid off employee shall be considered in probationary status for six (6) months from the date of rehire, for performance only. The probationary status shall not affect leave accrual or usage or eligibility for any other applicable benefit.

The laid off employee must keep the Human Resources Department informed of his address during layoff.

This policy shall be subordinate where in conflict with current Union agreements.

11. Bumping

A non-probationary employee who is to be laid off, is qualified and has a documented satisfactory performance history may displace an employee with less total City seniority within the same department. This bumping right shall only be exercised to a lower classification, first within a division, then within the department. An employee who has bumped into a lower classification shall be considered in probationary status for performance purposes only. The probationary status shall not affect leave accrual or usage or eligibility for any other applicable benefit.

This policy shall be subordinate where in conflict with current Union agreements.

SECTION VII
PERFORMANCE APPRAISAL

It is the City's policy to provide progressive employee performance feedback through planning, reviewing, and measuring actual performance of its employees.

2. EPAS I

EPAS I is a system of planning job expectations, reviewing, and formally appraising past performance of employees below the division manager level.

a. Scope

All employees categorized as regular full-time other than those identified below division managers or as defined by EPAS II.

b. Responsibility

The Human Resources Department shall notify each Department Director at least 30 days prior to the anniversary date of employees. The Human Resources Department will also monitor compliance of the procedures set forth for the appraisal program.

Department Directors will ensure that each employee within the department receives an annual performance review. A copy should be forwarded to the Human Resources Department annually, by November 30.

c. Implementation

i. Current Employees

Beginning January 1988, all employees were placed on the EPAS I system during the month of their anniversary.

ii. New Employees

New employees will become covered under the system after six (6) months of continuous employment.

d. Appeals

The appellant should submit a memo detailing points of disagreement directly to the next level of management above the evaluating authority. The authority will respond within ten days of receiving the memo of appeal. A one-to-one interview may be requested by either party. If the situation is not resolved, the appellant may forward his appeal to the Director of Human Resources.

e. Procedures

Contact the Employee Services Division of the Human Resources Department for a copy of the EPAS I Guidelines and Procedures.

3. EPAS II

EPAS II is a performance appraisal process specifically designed for measuring performance of upper management within the City. The annual appraisal must be completed by November 30 of each year.

a. Scope

The following groups of upper management shall be evaluated on EPAS II:

Assistant City Manager
Department Directors
Assistant Department Directors
Division Managers
Those employees, excluding clerical, with supervisory responsibilities who report directly to an Assistant Department Director or above within the City's chain of command.

b. Standards

For EPAS II, standards have been developed for determining what upper management performance should be as perceived by the evaluating authority. The four levels of standards include:

3 - Exceeding Standard

2 - Meeting Standard

1- Needs Improvement

0 - Unsatisfactory

Ratings of 0 or 3 must have supportive documentation reflecting the reasons or causes for such rating.

Additionally, the evaluation should document action to be taken by the subordinate to correct and improve performance behavior for negative critical incidents.

c. Record Keeping Procedures

Completed EPAS II evaluations shall be maintained as follows:

For: Forward To:

Division Managers Department Directors

Assistant Department Directors Department Director

Other Covered Supervisors Department Director

Department Directors Assistant City Manager

Assistant City Manager City Manager

A copy of the "confidential" cover sheet signed by the evaluator, employee, and Assistant City Manager and the "scoring sheet" shall be forwarded to the Director of Human Resources annually, by November 30.

4. Appeals (EPAS II)

a. An employee covered under EPAS II may appeal a Performance Appraisal where it is felt that the rating does not represent a true evaluation of work performed. The appeal process shall follow the normal chain of command up to the office of the City Manager.

b. Prior to appealing a performance appraisal, the employee and the evaluating authority should make every effort to resolve the disagreement relative to the appraisal rating.

c. An appeal request memo must be submitted in writing within ten (10) days of receipt of the performance appraisal.

d. Appeal Process

i. The appellant should submit a memo detailing points of disagreement directly to the next level of management above the evaluating authority. The authority will respond within ten days of receiving the memo of appeal. A one-to-one interview may be requested by either party.

ii. If the issue remains unresolved, the appellant may take the matter to the next level of the management hierarchy. The process may continue until reaching the office of the City Manager where a final determination will be made (see below).

Appellants: Appeal Begins With:

Division Managers and Others              Department Director
Assistant Department Directors             Office of the City Manager
Department Directors                           Office of the City Manager

e. Completing the Performance Appraisal

Contact the Employee Services Division for a copy of the EPAS II guidelines and procedures.

5. EPAS I Appeals (Non-Uniformed Positions)

EPAS I employees may appeal an annual performance appraisal. All appeal hearings shall be requested on forms provided by the Human Resources Department.

a. Appeal Procedure

i. An employee covered under EPAS-I may appeal a performance appraisal where he feels that the rating does not represent a true evaluation of work performed. The appeal process shall follow the normal chain of command up to the Department Director level.

ii. Prior to the appeal of the performance document, the employee and evaluating authority should make every effort to resolve the disagreement. If the matter remains unresolved, the appeal request must be submitted in writing.

b. Appeal Steps

An appeal request must be submitted within ten (10) days after receiving the annual performance appraisal. The hearing shall be as follows:

i. The Employment Services Manager shall set the hearing within five (5) days from the employee's request for appeal.

ii. The Employment Services Manager shall inform the appellant and his Department Director of the hearing date, place and time.

iii. The appellant may have a person of his or her choosing, or a Union Steward present.

iv. Management shall be represented by the employee's immediate supervisor and the Department Director or designee.

v. The Employment Services Manager will forward a written recommendation concerning the outcome of the hearing to the City Manager who will make a final decision within ten (10) days.

vi. The Employment Services Manager will notify both parties in writing of that decision.

c. Appeal Hearing Proceedings

The purpose of this hearing will be to ascertain facts to determine if the appraisal was arbitrary or capricious, and whether the appraisal is based on an objective evaluation of work performed. Documentation for both the planning phase and mid-year review will be used as a determinant in the appeal process.

Both parties will be given an opportunity to present their case in an oral statement and to respond to questions from the Employment Services Manager. The Employment Services Manager shall be in charge of the entire hearing procedure.

6. EPAS I Appeals (Uniform Positions - Police Department)

Uniform employees in positions covered by EPAS I may appeal an annual performance appraisal. The process is as follows:

a. Appeal Steps

i. An appeal request must be submitted within ten (10) days after receiving the annual performance appraisal. The normal chain of command must be followed up to and including the Chief of Police.

ii. Should the employee desire to pursue an appeal, a request must be submitted in writing to the City Manager. This document should include all facts and data surrounding the evaluation. Any critical incidents (positive or negative) should be noted.

b. The City Manager will make a decision regarding the evaluation based upon the information submitted by the employee within ten (10) days. The employee and the Chief of Police will be advised of that decision in writing. A copy will be forwarded to the Director of Human Resources.

SECTION VIII
PERSONNEL RECORDS

2. Freedom of Information Act (FOIA) Requests For Personnel Records

The Human Resources Department will collect and maintain personal, work related history files of each active employee. The files of inactive employees will be kept after termination of employment with the City.

The City will comply with rules governing requests for an employee’s personnel record under the Arkansas' Freedom of Information Act (FOIA).

a. Review of Personnel Records under FOIA:

Information will be provided or available for review as follows:

i. With reasonable advance notice, a personnel file may be reviewed by the employee, the immediate supervisor, the appropriate Department Director, the Human Resources Director, authorized Human Resources Department staff, other authorized City staff (e.g., City Attorney), or any individual who has written authorization from the employee. Review of a personnel file shall be so noted on the file including the name of reviewer, reason for review, and date of review.

ii Responses to requests for information regarding current or former employees will be limited to dates of employment, position title, salary range and title of last position held.

Only that information specified in a signed release or required by law or by a court of competent jurisdiction will be released. No other information will be provided without written permission of the employee.

iii. All requests for information regarding the employment status of former or current employees must be referred to the Human Resources Department. Such requests include but are not necessarily limited to those from mortgage companies potential employers, child support or law enforcement agencies, or any authorized governmental agency.

iv. Employment applications will be released without notification to the applicant if the applicant has signed an application containing the waiver to release the application or if the applicant responded to an employment ad containing the waiver.

3. Current Address

Employees are required to have current addresses and telephone numbers recorded with the Human Resources Department. All changes shall be reported through the immediate supervisor to the Human Resources Department at the earliest possible time.

4. Documents and Forms

All changes to the computerized Position Control or Human Resources/Payroll database must have complete documentation and authorization as shown in the attached chart prior to processing.

The following describes the required level and sequence of approval and documentation to change the Position Control or Human Resources/Payroll database. The required levels of approval will be the same regardless of the mechanism used (hard copy or on-line approvals). If on-line approvals are used for any of the forms required, a final copy with all authorizations noted will be printed for appropriate filing in the Human Resources Department after that process is completed.

a. HR-1 (REQUEST FOR PERSONNEL FORM) - documents a vacancy in an authorized position and requests authorization to begin the selection process. The department completes the descriptive section including the Department Director’s signature.

The Human Resources Department completes the EQUAL EMPLOYMENT OPPORTUNITY/HIRING SOURCE recommendation and will note any special approval required. The City Manager’s authorization is required on only HR-1 forms for positions of Assistant Department Director or higher, before the selection process begins.

After City Manager approval of the HR-1 form, no additional City Manager authorization will be required to enroll and process an employee selected based on that procedure unless the offer of employment is not in compliance with other policy and procedure (i.e., prior approval needed to offer salary past mid-point).

b. HR-2 (CLASSIFICATION REPORT FORM) - . See Section II.6.f. for details of the Classification Review process. The HR-2 describes results of a classification review, position creation, deletion, or other change City Manager’s authorization of Form HR-2 will also indicate authority to make appropriate changes in the Position Control system. After completion of the HR-2 form authorization, the affected department(s) must complete any employee status change form (HR-4) required by an authorized classification action. THIS FORM IS COMPLETED ONLY BY HUMAN RESOURCES STAFF.

c. HR-3 (POSITION MAINTENANCE AUTHORIZATION FORM) - authorizes changes to the Position Control system. This form requires City Manager authorization only if not previously authorized by the City Manager on some other document (HR-2 or memo). If there is no other document providing the City Manager’s authorization, the HR-3 form will be completed and forwarded for approval prior to any change in the Position Control system. THIS FORM IS COMPLETED ONLY BY HUMAN RESOURCES STAFF.

d. HR-4 (EMPLOYEE STATUS CHANGE FORM) - describes and authorizes changes to the employee database. Routine actions (address change and similar minor changes) will not require City Manager authorization. Actions authorized by other forms previously signed by the City Manager (e.g., filling a position authorized by the City Manager on an HR-1) will not require additional authorization. Non-routine actions (e.g. salary adjustments, disciplinary action, layoff) or actions not in compliance with policy (new hire above range mid-point) will require City Manager authorization prior to processing.

Across-the-board salary increases, automatic (table-driven) increases, temporary part-time hires for certain grant funded programs and status changes involving multiple employees in a single department may be accomplished by other approved documents (computer generated) reports or memorandum describing the action fully and noting the same approvals). In such cases, a copy of the document will be placed in the file of each affected employee.

The following chart shows various personnel actions for which an HR-4 is required and the authorization level required.

APPROVALS NEEDED FOR PERSONNEL ACTIONS

ACTION	DEPT. DIRECTOR	HR DIRECTOR	CITY MANAGER
Hiring:
*New Hire	ü
*Rehire	ü
Reinstatement	ü	ü	ü
Terminations:
Resignation	ü
**Disciplinary Action	ü	ü	ü
** Disability	ü
Retirement	ü
**Unsatisfactory Probation	ü	ü	ü
Layoff/Reduction in Force	ü	ü	ü
Death of employee	ü
End of summer program	ü
Salary Adjustments:
Alternate rate	ü	ü	ü
**EPAS Increase	ü	ü	ü
*Salary Adj. NOT EPAS	ü	ü	ü
Other Status Changes:
Career Ladder	ü
Bumping rights	ü	ü	ü
**Voluntary Demotion	ü
**Disciplinary Demotion	ü	ü	ü
**Demotion by Transfer	ü
**Suspension w/out Pay	ü	ü	ü
**Suspension-leave in lieu	ü	ü	ü
Promotion	ü
Promotion and Transfer	ü
Transfer	ü
Reorganization	ü	ü	ü
**60% Salary Continuation	ü	ü
Reclassification	ü
Title Change Only	ü
Leave of Absence (LOA)	ü
**FMLA	ü
Return from LOA	ü
**Other	ü	Each situation will be evaluated by the Human Resources Department and approval level will be recommended to the City Manager.

*The following actions require City Manager approval before processing:

New hire above midpoint
Position overfill (includes all actions which result in overfill)
Salary adjustment (Not EPAS)

**Requires additional documentation be submitted by employee or department.

SECTION IX
MISCELLANEOUS

1. Safety

The City recognizes the importance of the health and safety of its employees. It is committed to maintain a safe and healthful work environment.

a. Employees are held responsible for complying with any safety rules and regulations, participating in any safety training or education offered by the City, and bringing any unsafe condition to the immediate attention of their supervisor.

b. Failure to comply with safety rules and regulations, improper use or failure to use safety equipment shall be cause for disciplinary action up to and including termination of employment.

c. Promotion and achievement of safety and loss control goals will be considered an integral part of an employee's job performance where applicable.

2. Employee Representation

The City recognizes the following as representatives of certain employee groups:

a. Eligible nonuniform employees are represented by the American Federation of State, County and Municipal Employees.

b. Eligible uniform Fire Department employees are represented by the International Association of Fire Fighters.

c. Eligible uniform Police Department employees are represented by the Fraternal Order of Police.

Eligible employees have the right to join or not to join a representative group. The City does not discriminate on the basis of membership or non‑membership.

Membership dues may be paid by payroll deduction.

3. Employee Participation in Political Campaigns

The basis of this policy relative to employee participation in political campaigns stems from the concept of non-partisanship in the City Manager form of government. As public professionals, City employees shall be guided by common sense in this process.

City employees are responsible for carrying out the policy dictates of elected officials regardless of who is elected. To remain objective, the on-duty functioning of employees should not be identified with any particular candidate. Active support of certain local candidates could create awkward working relationships after the election. Consequently, the following guidelines shall be adhered to:

a. No City employee shall campaign on City time for any candidate at a Federal, State, County, or Local level.

b. After working hours, employees are free to campaign and support candidates in Federal, State, County, and Local campaigns. This specifically includes displaying yard signs at the employee's home and/or placing bumper stickers on the employee's personal vehicles.

c. Candidates for Federal, State, and Local office shall be discouraged from campaigning in City offices during office work hours. However, candidates may greet employees outside City buildings.

d. Employees are discouraged from wearing campaign buttons for candidates for Federal, State, County, or Local office during City hours but are not prohibited from doing so. Employees shall be prohibited from wearing or displaying any City Board of Directors candidates' logo or button during office hours.

4. Smoking

The following policy is consistent with the City's commitment to maintaining a safe and healthy work environment:

a. It is the policy of the City that smoking is prohibited in all City operated/occupied facilities and City owned equipment. This policy was implemented gradually, with complete implementation and a total ban on smoking on January 1, 1994. The only exception to the total ban will be designated areas within fire stations. The Fire Chief will designate specific areas within each fire station based on the existing Statement of Working Agreement.

NOTE: City operated/occupied facilities shall mean any office, meeting room or other location used primarily by City employees for the performance of job duties, transacting City business, conducting informational sessions or for break and/or lunch periods. This definition also includes hallways, staircases, rest rooms, and similar areas within City buildings/structures.

Equipment shall mean any motorized conveyance used to transport any City employee or material, or which is used in the performance of the employees' job duties (i.e., riding mower, backhoe, refuse truck, etc.).

b. Exceptions to the policy will be allowed only as noted in existing City Ordinance #15290 or Agreements with organized employee groups.

c. Smoking will be allowed only in designated areas outside City facilities or City vehicles. For the City Hall complex, this area shall be the area between City Hall and Broadway bounded by La Harpe Boulevard and the lowest part of the inclined area leading to Broadway. For all other facilities, the area shall be designated by the Department Director subject to the approval of the City Manager.

5. Electronic Communications Equipment Resources and Systems

a. The City of Little Rock provides employees with access to and use of a variety of electronic resources. These resources are provided to employees in an effort to allow them to be more efficient, productive and to have access to information and equipment that is necessary for them to carry out their responsibilities as an employee. Employees are expected and required to use these resources in a manner consistent with their position and work responsibilities.

b. All electronic media communications systems and all communications and information transmitted, received by or stored in these systems are the property of the City of Little Rock and as such are to be used primarily for job-related purposes. Limited, occasional or incidental use of electronic media for personal, non-business purposes, is understandable and acceptable. However, employees need to demonstrate a sense of responsibility and may not abuse the privilege. Employees should be advised that management reserves the right to monitor electronic equipment or systems usage.

c. Electronic Communications Equipment Resources and Systems include, but are not limited to: computer (including e-mail), electronic (including paging), and telephone communications (including voice mail and radio) systems; televisions, computers, facsimile machines and copying machines; and any other equipment or systems used for the transmission, reception or storing of information. This policy applies whether an employee accesses the City's equipment or systems in the workplace or from outside the workplace.

d. Equipment and resources may not be used for any of the following purposes:

1. knowingly transmitting, retrieving or storage of any communications of a discriminatory or harassing nature, including, but not limited to, sexually explicit images, messages or cartoons, or any transmission that contains ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, national origin, sex, age, disability or religion;

2. distribution of communications of a defamatory or threatening nature; and

3. conducting business involving outside employment not related to the City; and

4. any other purpose which is illegal, against City policy or contrary to the City’s interest.

e. Electronic media and services should not be used in a manner that is likely to cause network congestion or significantly hamper the ability of other employees to access and use the system. Employees are required to use "hands free" equipment if operating a cell phone while driving.

Employees must receive approval from their department director before broadcasting an e-mail to all City e-mail users. The message must be related to City business. Employees must receive approval from their department director before enrolling in classes conducted via the Internet during work hours.

Any employee found to have violated this policy or to be abusing the privilege of City-facilitated access to electronic equipment, resources, or services, will be subject to disciplinary action up to and including termination.

6. Workplace Violence Policy

The City of Little Rock is committed to providing a safe and healthy workplace for the benefits of its employees and the public. The City of Little Rock is also committed to preventing violence against persons receiving City services and participating in City programs.

The City of Little Rock has zero tolerance of Workplace Violence. Employees shall report instances or threats of violence to their supervisors. Supervisors shall record, investigate and report instances or threats of violence to law enforcement, as appropriate, and to the Human Resources Risk Manager.

All threats will be taken seriously and must be reported immediately.

City employees who display a tendency to engage in violent, abusive, or threatening behavior shall be referred to the Employee Assistance Program for counseling, training or other appropriate treatment. Employees displaying a tendency to engage in violent, abusive or threatening behavior will also be subject to disciplinary action, up to and including termination of employment.

7. Part-Time Employees

Part-time employees are a valuable resource to the City. The following are some of the policies regarding part-time employment. However, these are not all the policies regarding these positions and, therefore, you should consult the specific policy in question.

a. Holiday Pay

Employees in RPTP, LSPP, TAPF, TAPP, TEPF, and TEPP positions will receive holiday pay if they work 32 hours during the week in which a holiday is observed and they were in pay status for at least five (5) hours of the scheduled work shift immediately preceding a holiday and at least five (5) hours of their scheduled work shift immediately following the holiday.

Employees who work on the actual holiday and satisfy the requirements above, shall receive holiday pay for the holiday in addition to the actual number of hours worked. For example, an employee regular works eight (8) hours on Mondays, and the holiday falls on a Monday. The employee will receive Holiday Pay for eight (8) hours and get paid for eight (8) hours he actually worked on that day.

b. Hours of Work

Department Directors, with prior approval from the City Manager, may change or adjust hours of work to provide the best service to the community, safer working conditions, and increased productivity.

Part-time employees will be provided one (1) paid rest period for every four (4) hours they are scheduled to work.

Supervisors will designate such times for each employee. Employees in the Office of Emergency Services will have meal and rest periods as established by departmental rules.

c. Leave

1. Sick Leave - Regular part-time employees who worked a minimum of 1,500 hours in the preceding calendar year shall receive six (6) days of Sick Leave in the current year. If unused, this Sick Leave shall be allowed to accumulate to a maximum of fifteen (15) days (120 hours). Regular, full-time non-probationary employees who transfer to regular, part-time positions will receive credit for the previous year’s service for purposes of Sick Leave accrual and may carry over accrued Sick Leave accrual up to the maximum noted above.

2. Vacation - Regular part-time employees who were in pay status (vacation, sick leave, or actual hours worked) for at least 1,500 hours during the year shall receive the following Vacation Leave:

Up to 10 years of service = 5 days per year
(40 hrs.)

10 years or more = 7-1/2 days per year
(60 hrs.)

Each department must verify the eligibility of employees to the Human Resources Department. All leave amounts will then be posted to each employee’s record no later than the following pay period.

Employees must abide by City (Section IV) and departmental policies regarding requests and use of leaves.

8. Identification Cards for Employees

The City provides ID cards for the benefit of security and identification of City employees. The City uses contractors and independent representative for the benefit of the City and such personnel need identification that identifies them as part of the City of Little Rock.

ID cards are for City employees and others having to identify themselves as doing business for the City. Before a card can be issued to a non-city employee it must be approved by a department director or the City Manager and must list an expiration date.

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