A.
City Administrator/Director of Public Service.
(1)
The names City Administrator and Director of Public Service may be
used interchangeably throughout this handbook.
(2)
The City Administrator retains the right to waive, amend, change,
modify, suspend, interpret, or cancel in whole or in part any of the
published or unpublished personnel policies or practices of the City
of El Paso without advance notice, at his/her sole discretion, and
without having to give cause, justification, or consideration to any
employee.
(3)
The City Administrator retains the right to review and alter any
action by a department director to hire, promote, transfer, assign,
demote, discipline, lay off, suspend, terminate, or remove any subordinate
officer or employee. Recognition of these rights and prerogatives
of the City Administrator is term and condition of employment and
of continued employment.
(4)
The City Administrator is also responsible for administering the
City's personnel programs and policies. Duties include, but are
not limited to:
(a)
Developing and interpreting City personnel policies or procedures
and assisting and advising department directors in the application
of these policies, as well individual department policies.
(b)
Keeping up to date on current laws regarding employment practices
and adjusting, revising, and implementing new policies and practices
as warranted.
(c)
Administering a program for recruiting, interviewing, investigating,
and screening potential employees and referrals of qualified applicants
to department directors.
(d)
Ensuring recruitment and screening procedures (e.g., advertisements,
applications, interviews, tests, reference checks, and job requirements)
are job related and consistent with business necessity and conform
to the City's hiring objectives.
(e)
Monitoring procedures for establishing new employee records
and all subsequent personnel actions to ensure established procedures
are being consistently followed, guidelines are regularly adhered
to, time limits are observed, and required documents are processed
and maintained.
B.
Department directors. Department directors are responsible for effective
personnel management within their department. In the performance of
that duty they may:
(1)
Develop work rules, regulations, and personnel policies uniquely
applicable to their department, which are consistent with this employee
handbook.
(2)
Ensure that department personnel policy is reviewed by the City Administrator
prior to implementation to ensure compatibility with City policies
and procedure, the employee handbook, and state, federal and local
laws, regulations, and ordinances.
(3)
Provide a copy of the then-current employee handbook to each employee
in the department on their first day of work.
(4)
Communicate to all employees, in writing, any changes to the policy
before they are implemented.
(5)
Use disciplinary action up to and including termination for failure
to follow department personnel policy.
(6)
Approve all personnel actions in their department (the City Administrator
will approve actions related to department directors).
(7)
Delegate authority to supervisors to administer this policy and any
department work rules and regulations.
(8)
Communicate performance objectives to supervisors and ensure that
these objectives are communicated to individual employees.
(9)
Establish objectives and programs to improve personnel management
within the department and to create a safe, professional, and courteous
environment.
(10)
Provide opportunities for employees to be involved in helping
plan and evaluate their work and to suggest ways to improve departmental
performance and safety objectives.
C.
Supervisors. Supervisors are responsible to department directors
for effective administration of this policy and any rules or programs
developed as a part of it. Supervisors are to provide a link between
department directors and employees and are expected to know, comply
with, and communicate the City's goals, policies and procedures
to the employees they supervise. They also are expected to communicate
to department directors the attitudes, suggestions, and complaints
of their employees. Supervisors are expected to provide leadership
and supervision for all employees consistent with the guidelines described
below. These procedures should not be considered as creating a contract
or promise, express or implied, to employees. While supervisors are
expected to treat similarly situated employees consistently, each
work-related situation must be addressed individually and, therefore,
workplace situations involving employees may not be capable of being
addressed in an identical manner as any one prior situation. In addition
to understanding the technical skills needed in their work units,
supervisors should be able to lead and motivate their employees to
do their best work each and every day. Supervisors are responsible
for ensuring that City goals for employee conduct and performance
are achieved and that policies and procedures are implemented. Their
supervisory duties include, but are not limited to:
(1)
Striving to improve communication and the sense of teamwork between
themselves and their employees.
(2)
Motivating and leading their employees toward achievement of stated
department and City objectives.
(3)
Reviewing and evaluating the performance of employees under their
supervision.
(4)
Reviewing and evaluating the work of their section of the organization
and making changes or recommendations which will make the department
safer and more effective.
(5)
Recommending pay actions, disciplinary actions, promotions, demotions,
transfers, and dismissals.
(6)
Counseling and disciplining employees as necessary and responding
to their individual circumstances.
(7)
Treating all employees in a fair and consistent manner.
(8)
Giving recognition for good performance and providing guidance when
improvement is needed.
(9)
Explaining in advance when and why changes are necessary.
(10)
Recommending employees with growth potential for other opportunities,
even if it means losing them to other work units.
(11)
Explaining the reasons for decisions to employees.
(12)
Documenting all disciplinary and performance related actions.
(13)
Setting work goals and standards for employees to increase engagement.
(14)
Creating a feeling of teamwork among employees.
(15)
Setting good examples by holding themselves to the standards
of conduct and performance that they demand of their employees.
(16)
Recommending hiring of personnel and overseeing special job
training.
(17)
Keeping employees informed about their work assignments, work
progress, and opportunities for advancement.
(18)
Evaluating the performance of employees.
(19)
Scheduling vacations, meals, and rest breaks.
(20)
Approving allowances and reimbursement of employee expenses.
(21)
Managing absenteeism and tardiness in accordance with City policies,
documenting disciplinary actions resulting from violations of City
policies and approving requests for time off.
(22)
Verifying employee time records each pay period, promptly correcting
any errors in employee time records, and scheduling overtime when
necessary.
(23)
Complying with applicable federal and state laws and regulations,
including those concerning nondiscrimination, anti-harassment, and
employee safety.
(24)
Maintaining neat and orderly work areas.
(25)
Following disciplinary, and problem review procedures.
(26)
Ensuring that employees comply with all City policies, rules
and regulations.
A.
Responsibilities. The City Administrator, or his/her designee, is
responsible for maintaining official personnel records on all City
employees as they relate to performance evaluations, disciplinary
actions, and all other personnel/employment-related actions and decisions,
fringe benefits, and group insurance coverage.
B.
Official personnel records. Each employee will have an official personnel
file maintained in the City Administrator's and/or Administrative
Assistant's office of information completed at time of employment
and records provided by department directors. This file will contain
information relating to employment evaluations, pay history, promotions,
transfers, and other actions that affect the status of the employee.
C.
Personal information.
(1)
Each employee is responsible for assuring the personal information
in his/her personnel file is correct and up-to-date. Employees should
promptly notify the City Administrator and/or Administrative Assistant
of any change in personal data, such as change of name, address, telephone
number, family status (e.g. marriage, divorce, birth, death), designated
emergency contact, or beneficiary (for insurance).
(2)
It is important that the City Administrator and/or Administrative
Assistant be notified of such changes immediately. Employees'
benefits or their dependents' benefits may be adversely affected
or lost if notification of these changes is not made within 30 days
of change.
D.
Medical file information. All medical records for each employee are
kept in a file/folder separate and apart from employee personnel files
and shall be kept secured in accordance with the state and federal
guidelines and regulations concerning confidential medical information.
E.
Personnel and medical file access.
(1)
The City maintains a personnel and separate medical file (if applicable)
on each employee. The personnel files include information such as
the employee's job application, resume, offer of employment,
records of training, documentation of performance appraisals and salary
increases, and other employment records, and the medical file include
any confidential medical information provided to the City by the employee
for medical related reasons. In accordance with the Illinois Personnel
Record Review Act, right of access is granted to current employees,
those on leave or layoff subject to recall, and those whose employment
has ended with the City in the year preceding the request. Subject
to below, each such will have the right to review his/her official
personnel and/or medical file at a time and place designated by the
City and is entitled to make no more than two inspection requests
in a calendar year. Such individuals are entitled to a copy of any
personnel/medical file materials inspected, but a copying fee may
be charged for the actual cost of duplicating the information. The
City Administrator or City Administrative Assistant must be present
when an employee reviews his/her personnel and/or medical file.
(2)
Current and/or former employees (as defined under this Policy) do
not have a right to inspect the following documents: letters of reference,
both internal and external, for the employee; external peer review
documents; test documents (the employee, however, may see test scores);
information in their files constituting an invasion of other persons'
privacy; investigatory or security records pertaining to a criminal
investigation of an employee or employees (unless and until adverse
personnel action is taken based on those records); records related
to a pending claim between the employer and employee that may be obtained
through that judicial proceeding; and materials used for management
planning. "Management planning" materials include those used in matters
relating to the comments or ratings necessary for City planning when
the materials relate to or affect more than one employee. Of course,
this exception does not apply if such materials are, have been, or
are intended to be used in determining an individual employee's
qualifications for employment, promotion, transfer, or additional
compensation or in determining an individual employee's discharge
or discipline.
F.
Medical and genetic information and the right to privacy. The Genetic
Information Non-Disclosure Act ("GINA") prohibits employers and other
covered entities covered by GINA Title II from requesting or requiring
genetic information of applicants, employees, or their family members.
As such, no applicant and/or employee should ever provide (nor will
you be requested to do so) any genetic information when responding
to a request for medical information from the City in accordance with
City medical related policies (e.g. workplace accommodation, FMLA,
etc.). Genetic information under this policy includes information
about an individual's genetic tests and the genetic tests of
an individual's family members, as well as information about
the manifestation of a disease or disorder in an individual's
family members (i.e. family medical history). Genetic information
also includes an individual's request for, or receipt of, genetic
services, or the participation in clinical research that includes
genetic services by the individual or a family member of the individual,
and the genetic information of a fetus carried by an individual or
by a pregnant woman who is a family member of the individual and the
genetic information of any embryo legally held by the individual or
family member using an assisted reproductive technology.
G.
Access to employee confidential personnel and/or medical information.
(1)
The right to review confidential employee personnel and medical information
shall be strictly limited to those City employees whose job duties
and responsibilities require access to employee personnel and/or medical
files.
(2)
This procedure covers the City rules regarding responses to requests
from external sources (i.e. third parties) for access to and information
from personnel records of a current or former employee or an applicant
for employment.
(a)
The City Administrator's Office will release personnel
information only: to those individuals who have been designated and
authorized in writing to view the file by the City employee; at the
written request of the former City employee; by court order, subpoena,
or other legal mandate; for justified law enforcement and public safety
reason; and as determined by the sole discretion of the City, subject
to all applicable federal, state, or local laws, or administrative
regulations. The City will comply with the disclosure requirements
of Illinois open records laws, including but not limited to the Illinois
Freedom of Information Act and the Illinois Personnel Record Review
Act.
(b)
Departments shall immediately refer all requests from outside
third parties for disclosure of personnel information concerning applicants,
employees, and past employees to the City Administrator's Office.
(c)
Where applicable, the City Administrator's Office shall
timely notify all department directors, managers, or supervisors,
who may possess relevant personnel records, of the request and of
the immediate need to produce all personnel records responsive to
lawful request. The City Administrator shall consult with legal counsel
regarding any issues concerning the propriety of the request of manner
of producing the records responsive to the request.
This policy will be reviewed at least annually. Other revisions
that pertain to personnel issues (e.g., administrative policies, City
operating procedures, and other City policies) will be communicated
to employees via email or through the employee's supervisor,
and employees will be required to acknowledge their receipt, understanding,
and having read any such policy updated and revisions.
