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City of Algood Employee Handbook

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					     CITY OF ALGOOD, TENNESSEE

              EMPLOYEE HANDBOOK



                     FREDDIE MAXWELL
                    CITY ADMINISTRATOR

                                APRIL 2004




With assistance by The University of Tennessee=s Municipal Technical Advisory Service
                                                     City of Algood, Tennessee
                                                       Employee Handbook

                                                          Table of Contents

                                                                                                                                          Page#
Letter from City Administrator Freddie Maxwell ............................................................................ i
Foreword......................................................................................................................................... ii
Employee Acknowledgment Form.................................................................................................. iii

Section I                               General Hiring Practices:
A.                                EMPLOYMENT-AT-WILL ........................................................................1
B.                                HIRING POLICY ........................................................................................1
C.                                POSITION ANNOUNCEMENTS ..............................................................1
D.                                APPLICATIONS .........................................................................................1
E.                                INTERVIEWS .............................................................................................1
F.                                APPOINTMENTS .......................................................................................1
G.                                CITIZENSHIP AND ALIEN STATUS VERIFICATION..........................2

 Section II                            Employment Classifications:
A.                                COVERAGE OF EMPLOYEES .................................................................2
B.                                CLASSES OF EMPLOYEES ......................................................................3

Section III                             Employment Practices:
A.                                PERSONNEL FILES ...................................................................................4
B.                                FIRST DAY OF EMPLOYMENT ..............................................................4
C.                                EMPLOYEE ORIENTATION ....................................................................5
D.                                INTRODUCTORY PERIOD.......................................................................5
E.                                PERFORMANCE EVALUATIONS ...........................................................5
F.                                OUTSIDE EMPLOYMENT ........................................................................6
G.                                TRANSFERS ...............................................................................................6
H.                                PROMOTIONS/DEMOTIONS ...................................................................6
I.                                HOURS OF WORK .....................................................................................6
J.                                OTHER ITEMS FOR HOURS OF WORK.................................................6

Section IV                              Employee Compensation and Benefits:
A.                                SALARY AND PAYDAY ..........................................................................7
B.                                PAYROLL DEDUCTIONS.........................................................................7
C.                                OVERTIME .................................................................................................7
D.                                HOLIDAYS .................................................................................................8
E.                                ANNUAL/VACATION LEAVE.................................................................8
F.                                SICK LEAVE ..............................................................................................9
G.                                FAMILY AND MEDICAL LEAVE POLICY ............................................9
H.                                FUNERAL/BEREAVEMENT LEAVE ....................................................13
                               City of Algood, Tennessee
                                 Employee Handbook

                                      Table of Contents

                                                                                                                 Page #
I.           CIVIL LEAVE ...........................................................................................13
J.           VOTING ....................................................................................................14
K.           MATERNITY LEAVE ..............................................................................14
L.           MILITARY LEAVE ..................................................................................14
M.           DEATH OF AN EMPLOYEE ...................................................................15
N.           RETIREMENT SYSTEM .........................................................................15
O.           INSURANCE COVERAGE ......................................................................15
P.           WORKERS= COMPENSATION .............................................................16
Q.           UNIFORMS ...............................................................................................16

Section V         Employee Safety:
A.           AUTHORITY/RESPONSIBILITY ...........................................................16
B.           SAFETY COMMITTEE ............................................................................18
C.           GENERAL SAFETY RULES ...................................................................19
D.           NEW EMPLOYEE SAFETY ORIENTATION ........................................20
E.           CONTINUING SAFETY EDUCATION ..................................................22
F.           MAINTAINING A SAFE WORKPLACE ................................................23
G.           PROVIDING FOR A HEALTHY WORKPLACE ...................................25
H.           MEDICAL TREATMENT FOR WORKPLACE INJURIES ...................25
I.                      MOTOR VEHICLE ACCIDENT INVESTIGATION
                  PROCEDURES..............................................................................27

Section VI        Substance Abuse Policy:
A.           GENERAL .................................................................................................28
B.           SCOPE .......................................................................................................30
C.           SUBSTANCE ABUSE TESTING CONSENT FORM.............................30
D.           COMPLIANCE WITH SUBSTANCE ABUSE POLICY ........................31
E.           DRUG ABUSE TESTING ........................................................................31
F.                            RETURN TO DUTY & FOLLOW UP - DRUG ABUSE
                  TESTING .......................................................................................35
G.           PROHIBITED DRUGS .............................................................................35
H.           DRUG-ABUSE TESTING PROCEDURES .............................................35
I.                            DRUG-ABUSE TESTING LABORATORY
             STANDARDS
                  AND PROCEDURES ....................................................................36
J.           REPORTING AND REVIEWING ............................................................36
K.           ALCOHOL ABUSE TESTING .................................................................37
L.           ALCOHOL TESTING PROCEDURES ....................................................40
M.           SUBSTANCE ABUSE EDUCATION AND TRAINING ........................41
                                City of Algood, Tennessee
                                  Employee Handbook

                                       Table of Contents

                                                                                                     Page #
N.             CONSEQUENCES OF VERIFIED RESULTS ........................................42
O.                       VOLUNTARY DISCLOSURE OF DRUG AND/OR
                    ALCOHOL USE ............................................................................43
P.             MODIFICATION OF POLICY .................................................................44

Section VII         Sexual Harassment Policy:
A.             GENERAL .................................................................................................44
B.             PROHIBITED ACTIONS AND BEHAVIORS ........................................44
C.                          REPORTING AND INVESTIGATING SEXUAL
                    HARASSMENT COMPLAINT ....................................................45
D.                          ACTION ON COMPLAINTS OF SEXUAL
                    HARASSMENT ............................................................................47
E.             OBLIGATION OF EMPLOYEE ..............................................................48

Section VIII         Miscellaneous Personnel Policies:
A.             USE OF INTERNET AND ELECTRONIC MAIL...................................48
B.             USE OF MUNICIPAL TIME, FACILITIES, ETC. ..................................50
C.             POLITICAL ACTIVITY ...........................................................................50
D.             SOLICITATION ........................................................................................51
E.             PERSONAL TELEPHONE CALLS .........................................................51
F.             PARKING ..................................................................................................51
G.             LOCKERS .................................................................................................52
H.             INFECTIOUS DISEASE CONTROL POLICY .......................................52
I.             GARNISHMENT ......................................................................................52
J.             BULLETIN BOARDS ...............................................................................52
K.             LOST AND FOUND ARTICLES .............................................................52
L.             TRIP REIMBURSEMENT ........................................................................52
M.             USE OF CITY VEHICLES AND EQUIPMENT .....................................53

 Section IX          Separations and Disciplinary Actions:
A.             TYPES OF SEPARATIONS .....................................................................53
B.             DISCIPLINARY ACTION ........................................................................54
C.             GRIEVANCE PROCESS ..........................................................................54
April 12, 2004

       Dear Fellow Employee:

       I would like to take this opportunity to provide you with a comprehensive current
employee handbook to assist you during your employment with the City of Algood. As you
know, a single current uniform document provides an easy reference guide for us to use when
needed. As employees of Algood, we must recognize that our job is important and contributes to
our overall mission of providing the best possible service to the people of Algood. We are all
representatives for the City of Algood. The purpose of this handbook is to help you get
acquainted with your employer; and to briefly explain your benefits while answering the most
frequently asked questions regarding employment by the City of Algood.

        The Mayor and Board of Aldermen, along with the city administrator, desire to establish a
system of personnel administration in the city that is based on merit and fitness. The system shall
provide means to select, develop, and maintain an effective municipal workforce through
impartially applying personnel policies and procedures free of personal and political
considerations and regardless of race, color, gender, age, creed, national origin, or disability. We
have also addressed new safety, sexual harassment, computer usage and substance abuse policies
to protect us and the citizens of Algood. In addition, we have analyzed each position in the city=s
operation in order to develop an up-to-date job description that meets all federal labor
requirements. We believe that a good job description and employee handbook will allow the city
to be better equipped to handle future training and development issues.

       Please sign all the necessary acknowledgment forms to ensure that we all understand this
employee handbook. We sincerely hope that you will enjoy your job and that we can all work
together to provide the most efficient and economical services possible to the people of our city.
We appreciate and value your dedication to the City of Algood, and I urge you to call upon me if I
can help you in any way.

Sincerely,


Freddie Maxwell
City Administrator




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FOREWORD

EMPLOYEES OF THE CITY OF ALGOOD, TENNESSEE

You are now a part of our municipal government. The progress this city makes depends on our
employees.

It is the policy in Algood that all persons should have equal employment opportunities regardless
of race, color, religion, sex, age, or national origin. Further, it is the policy that all persons
employed should be entitled to training, compensation, promotions, and all other attributes or
employment without regard to race, color, religion, sex, age or national origin.

It is to your advantage to read this handbook carefully and to retain it for further reference. If ,
from time to time, some questions arise that are not covered in this handbook, feel free to ask your
supervisor for assistance.

As you carry out your required duties, please remember that the City of Algood is being directly
judged on how well you do your job and your attitudes toward the public. All members of the
board of aldermen wish you well in your job and hope that your employment will be a fulfilling
experience for you.




                                                iii
CITY OF ALGOOD EMPLOYEE ACKNOWLEDGMENT FORM


As an applicant or an employee, I hereby acknowledge that I have received and do now possess a
complete and current copy of the City of Algood employee handbook dated ________________,
2004. I agree without reservation to follow and abide by the personnel policies, procedures, rules
and regulations contained therein.

I understand that these personnel policies and procedures do not constitute an employment
contract. Rather, they are a statement of current policies, practices and procedures. No
provision of these personnel policies and procedures shall be deemed to give employees any more
property rights. The City of Algood reserves the right to alter or change any or all of these
personnel policies and procedures without prior notice to employees.




______________________________                              ______________________________
 Name of Applicant or Employee                                         Social Security Number



______________________________                              ______________________________
                Department                                                   Supervisor


______________________________                       _________________________________
Signature of Applicant or Employee                                                 Date



______________________________                       __________________________________
        Signature of Witness                                                       Date




                                                iv
Section I.                   General Hiring Practices
A.     EMPLOYMENT-AT-WILL

No policy, benefit or procedure contained herein creates an employment for any period of time.
All employees of the City of Algood are hired by the appropriate department head and City
Administrator without discrimination as to sex, religion or race. All employees shall be
considered employees-at-will. Employees may be terminated at the will of the department head
and City Administrator.

B.     HIRING POLICY

Pursuant to Title __, Chapter __, Section ___ of the Charter of the City of Algood, the primary
objective of this hiring policy is to ensure compliance with the law and to obtain qualified
personnel to serve the citizens of Algood. Appointments to positions are based on merit,
technical knowledge, and work experience. No person shall be employed, promoted, demoted,
discharged, or in any way favored or discriminated against because of race, gender, age, color,
religion, creed, ancestry, disability, or national origin.

C.     POSITION ANNOUNCEMENTS

The City of Algood will advertise all position openings within the municipal government.
Advertisement methods may include posting notice at city hall and/or newspaper ads.

D.     APPLICATIONS

All people seeking appointment or employment with the City of Algood shall complete a standard
application form as provided by the city. Employment applications shall be accepted in the city
recorder=s office during regular office hours only. The City Administrator will make reasonable
accommodations in the application process to applicants with disabilities making a request for
such accommodations.

E.     INTERVIEWS

All appointments are subject to an interview with the City Administrator and appropriate
supervisor and/or the Board. The City Administrator will make reasonable accommodations in
the interview process to applicants with disabilities making a request for such accommodations.

F.     APPOINTMENTS

All appointments to positions in the City of Algood shall be made by the City Administrator,
subject to ratification by the Board. Following a conditional offer of employment, every
prospective employee, when required, shall be given a medical examination and a general physical

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exam by a licensed physician designated by the City of Algood to ensure that they can perform the
essential functions of the position they have been offered. The cost of this medical exam shall be
borne by the City of Algood. Any prospective employee who is unable to successfully perform
the essential functions tested for in the medical examination shall have the offer of employment by
the city withdrawn only if they:

1.     Cannot perform the essential functions due to a disability that cannot reasonably be
       accommodated;

2.     Pose a direct threat to themselves and/or others; and

3.     Are unable to perform the essential functions due to a temporary condition or
       disability not protected by ADA.

G.     CITIZENSHIP AND ALIEN STATUS VERIFICATION

The city will not discriminate on the basis of a person=s national origin or citizenship status with
regards to recruitment, hiring, or discharge. However, the city will not knowingly employ any
person who is or becomes an unauthorized alien. In compliance with the Immigration Reform
and Control Act, all employees hired after November 6, 1986, regardless of national origin,
ancestry, or citizenship, must provide suitable documentation to verify identity and employability.
The documentation must be provided within three days of employment or the individual will not
be hired.


Section II.                     Employment Classifications
A.     COVERAGE OF EMPLOYEES

COVERAGE - All offices and positions of the municipal government are divided into the
classified service and the exempt service. The classified service shall include all regular full-time
and regular part-time positions in the City of Algood=s service unless specifically placed in the
exempt service. All offices and positions of the municipal government placed in the exempt
service are as follows:

1.     all elected officials;

2.     city recorder/finance director;

3.     police chief;

4.     fire chief;

5.     public works director;

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6.     members of appointed boards and commissions;

7.     consultants, advisers, and legal counsel rendering temporary professional service;

8.     city attorney;

9.     independent contractors;

10.    people employed by the municipality for not more than three months during a fiscal year;

11.    part-time employees paid by the hour of the day and not considered regular;

12.    volunteer personnel appointed without or little compensation;

13.    city judge;

All employment positions of the municipal government not expressly exempt from coverage by
this section shall be subject to the provisions of the city charter.

B.     CLASSES OF EMPLOYEES

1.     REGULAR FULL TIME - Regular full-time employees are individuals
       employed by the municipal government who work more than 37.5 hours per week
       (usually 40 hours per week) and have completed a three-month introductory period.
       Regular full-time employees receive full benefits unless specifically excluded by
       the city charter, code, or ordinances.

2.     REGULAR PART TIME - Regular part-time employees are individuals who
       work on a daily basis and whose hours cannot exceed 20 hours per week unless
       approved by the City Administrator. Regular part-time employees are excluded
       from all benefits afforded full-time employees. The Board may, at its discretion,
       provide specific prorated benefits.

3.     TEMPORARY FULL-TIME EMPLOYEE - A temporary full-time employee is
       an individual who works forty (40) hours per week for the city for no more than six
       months during one calendar year. Temporary employees receive no benefits.

4.     TEMPORARY PART-TIME EMPLOYEE - A part-time employee is an
       individual who works not more than 20 hours per week. Temporary part-time
       employees receive no benefits.

5.     VOLUNTEER EMPLOYEE - A volunteer is an individual who works for the
       city for little or no compensation.


                                               3
6.     VOLUNTEER FIREFIGHTERS - Volunteer firefighters are appointed by the
       fire chief or other appointing authority when necessary. Volunteer firefighters are
       compensated per fire-call with no other benefits except coverage under the
       Volunteer Firefighter's Insurance Coverage Policy.

7.     POLICE RESERVE - Reserve officers are appointed by the City Administrator
       with the approval of the Board. Reserve officers receive no compensation and no
       other benefits except coverage under the Special Reserve Police Insurance
       Coverage Policy.


Section III.          Employment Practices
A.     PERSONNEL FILES

An individual personnel file shall be maintained on each employee. It is the responsibility of each
employee to provide accurate information to the department head. Employees are also
responsible for reporting any change in the information that they have previously provided. All
personnel files, information and reporting will be in accordance with TCA 39-16-504.
Employee=s social security number and unpublished phone number are not available for public
inspection of records.

B.     FIRST DAY OF EMPLOYMENT

After the new employee is hired, the employee shall be required to complete or provide such
documents and forms as the following upon beginning work:

1.     Employee=s Withholding Allowance Certificate (IRS form W-4);
2.     Signed acknowledgment forms from this handbook;
3.     Employment Eligibility Verification form (INS form I-9) and photocopies of
       documents produced by the employee in support thereof;
4.     A copy of any and all educational certification(s), professional license(s), or
       certificate(s) required per the job description;
5.     Emergency telephone numbers;
6.     A photocopy of the employee=s driver=s license for employees who are required to
       have a valid driver=s license in order to perform the essential functions of their
       municipal job;
7.     A list of dependents as required by the Consolidated Omnibus Budget
       Reconstruction Act (COBRA); and




                                                4
8.     A signed written statement acknowledging that, at the time of separation of
       employment and prior to receiving final monies due, the employee shall return to
       his or her department any and all assets, books, keys, manuals, records, uniforms,
       tools and other items of city property in the employee=s care and custody,
       certification to this effect shall be made by the employee=s supervisor or
       department head, and all monies due the city because of any shortages shall be
       collected.

C.     EMPLOYEE ORIENTATION

In order for new employees to be successful, it is important that they understand the overall
environment in which they will be operating. Employees who understand the goals of the City of
Algood will identify more readily with the entire organization, and they will develop a sense of
belonging more quickly than employees who are left to search out needed information on their
own.

Orientations provided by the City of Algood for new employees are an opportunity for the city to
convey information about work procedures and benefits. Other topics of interest to be addressed
in employee orientations include: payroll issues, safety measures, drug testing and employee
accountability. The supervisors and/or department heads shall bear responsibility for conducting
these orientation sessions to new employees.

D.     INTRODUCTORY PERIOD

Applicants appointed to positions with the City of Algood are required to serve a 90 day
introductory period. This is a period of time for the employer to observe work habits,
performance, and attitude, and it is also a time for the employee to determine whether the work is
suitable. During this period, the employee=s work performance will be subject to review
regarding the competence of the employee to fill the position. An employee may be terminated
during this period for any reason, or for no reason, without respect or reference to the procedures
set forth in this document, the charter, or other ordinances. If the introductory period is
satisfactory, the employee may be recommended for full-time employment. The introductory
period may be extended by the City Administrator when written notification is given to the
employee with reasons for the extension. Keep in mind that all employees of the City of Algood
are employed at will.

E.     PERFORMANCE EVALUATIONS

The performance of all employees will be evaluated and reviewed annually by their immediate
supervisors. Written evaluations will be discussed with the employees so they will know how
they are progressing and what they may do to improve their performance. By this means, it is
intended that all employees will have adequate opportunity to correct any weakness that may
interfere with their progress.
F.      OUTSIDE EMPLOYMENT


                                                5
Full-time employees who are either regular or probationary are not permitted to work outside the
city=s employ if the outside employment:

1.     Is likely to interfere with the employee=s satisfactory performance of his or her
       duties and responsibilities;
2.     Is incompatible with city employment in any way, including the appearance of any
       conflict of interest; and
3.     Is likely to cast discredit upon or create embarrassment for the city.

No full-time employee of the city shall accept any outside employment without written
authorization from the City Administrator.

G.     TRANSFERS

A transfer of an employee among the various departments of the city may be approved by the
Board upon the recommendation of the City Administrator. A transfer may be implemented due
to reductions in force, or whenever the City Administrator feels that a transfer may be
implemented as a reasonable accommodation when an employee is unable, due to a disability to
continue to perform the essential functions of the job.

H.     PROMOTIONS/DEMOTIONS

Promotions or demotions may be approved by the Board upon the recommendation of the City
Administrator. A demotion may be implemented as a reasonable accommodation when an
employee, due to a disability, becomes unable to perform the essential functions of the job.

I.     HOURS OF WORK

The City Administrator shall establish the hours of work per day and per week for each position in
the service of the city. A day shall mean eight (8) hours of work. Employees unavoidably late or
absent from work due to illness or other cause must notify their supervisor within the time frame
established by the City Administrator.

J.     OTHER ITEMS FOR HOURS OF WORK

All water and sewer hourly employees are paid at a rate of time and one-half of regular rate for
hours worked after normal work hours, and double time pay for holidays worked. Call out
workers will be guaranteed one hour. Patrolmen shall be paid time and one-half for hours worked
over 86, bi-weekly, no time deducted for meals. All overtime will be computed in




                                                6
increments of fifteen (15) minutes. Employees with work related injuries receiving worker=s
compensation temporary total disability benefits will not be paid their regular salary while
receiving such benefits.



 Section IV.          Employee Compensation and Benefits
A.     SALARY AND PAYDAY

All employees of the City of Algood shall be paid on a biweekly basis. Employees who have
questions about their work time salary, or paycheck, should call them to the attention of the
recorder within the pay period in question or immediately thereafter.

If an employee loses his/her paycheck, the employee should notify the recorder immediately. The
employee will be required to sign an affidavit that your check has been lost, and a new one will be
issued. If the employee resigns, the last paycheck will be issued on the next regular payday. The
employee should give written notice of where the paycheck should be sent if the employee is not
available to pick it up.

B.     PAYROLL DEDUCTIONS

The following deductions shall be made from the salary of employees;

1.     Federal Income Tax: Federal laws are withheld from employees= paychecks
       based on the number of dependents claimed by the individual. Employees are
       required to keep on file with the City of Algood a copy of the W-4 form. In the
       event of changes in the employee exemption status, a revised W-4 must be filed
       before payroll deduction adjustments will be made.

2.     Social Security: Social Security payments and deductions will be made in
       accordance with the Social Security Act. The city recorder shall keep such records
       and make such reports as may be required by applicable state and federal laws or
       regulations.

3.     Others: Other deductions may include hospitalization, life, dental, retirement,
       credit union payments, and deferred compensation which may be made from an
       employee=s pay only with a signed consent from the employee.

C.     OVERTIME

Employees required to work overtime shall be compensated in accordance with the FLSA at a rate
of 1 2 the employee=s regular pay rate. Department heads are excluded from the overtime



                                                7
provisions of the city. Compensatory time off may be granted in lieu of overtime pay.
Administration of the policy and accumulation of time shall also be in accordance with the FLSA.

D.        HOLIDAYS

Full-time employees are allowed a day off with pay on the following holidays:

1.        New Year=s Day                      Jan. 1
2.        Martin Luther King Day              Third Monday in January
3.        Memorial Day                        Last Monday in May
4.        Independence Day                    July 4
5.        Labor Day                           First Monday in September
6.        Thanksgiving                        Fourth Thursday in November
7.        Day after Thanksgiving              Fourth Friday in November
8.        Christmas Eve                       Dec. 24
9.        Christmas                           Dec. 25
10.       Election Day on even years

If a holiday falls on Sunday, it will be observed on the following Monday. If the holiday falls on
Saturday, it will be observed on the preceding Friday. To receive compensation for the holiday,
employees must be in a pay status on the workday before and on the workday after the holiday
unless otherwise excused by the supervisor. All police department employees will be paid
holidays outlined above based on a twelve (12) hour shift, however, holiday pay will be paid in
December as requested by the police department.

E.        ANNUAL/VACATION LEAVE

Employees shall be entitled to annual leave days in accordance with the number of years worked as
follows:

Years of Service                       Days earned per month                 Days per year

1 to 5                                        .83 days                               10

5 to 20                                        1.25 days                             15

20+                                            1.66 days                             20

Employees may not accumulate annual leave beyond that shown in the table above. Leave may
not be carried over from year to year. Employees must have one year of service prior to taking
vacation leave.

Annual leave, so far as practical, will be granted at the time desired by employees, but annual leave
in each department must be scheduled to assure orderly operation and adequate, continuous
service to the public. Vacation leave is recommended to be scheduled during the first three (3)

                                                 8
months of the year. Department heads must plan with employees in their department an orderly
annual leave schedule. Holidays, as defined above, shall not be counted as annual leave days.
Upon separation of employment with the City of Algood, an employee who is in good standing
will be eligible for unused vacation leave.

F.                     SICK LEAVE

Sick leave shall be considered a benefit and privilege not a right. Sick leave is earned at the rate
of one (1) day per month (12 days per year). The maximum accumulation of sick leave is 90 days.
Upon separation of employment with the City of Algood, any unused sick leave shall not be
cashed in for compensation.

Sick leave may be granted for:

1.     Personal illness or physical incapacity resulting from causes beyond the
       employee=s control.
2.     Exposure to contagious disease so that the employee=s presence at work might
       jeopardize the health of others.
3.     Medical, dental, optical or other professional examinations.
4.     Acute illness of a member of the employee=s immediate family (i.e., spouse,
       parents, sibling, children, in-laws, grandparents)

After an employee has exhausted his/her accrued sick leave, a leave of absence without pay may be
granted, at the discretion of the City Administrator as a reasonable accommodation to people with
disabilities, or the employee may be placed on special leave without pay, or the employee may be
terminated if he/she is unable to perform his/her job or another job with or without reasonable
accommodation. Should the employee be able later to return to work, upon presentation of
certification by a doctor, he/she shall be given preference for a position for which he/she is
qualified.

G.     FAMILY AND MEDICAL LEAVE POLICY

Purpose: To provide a family and medical leave policy in compliance with Public Law 103-3,
titled Family and Medical Leave Act (FMLA) of 1993.

Guidelines: An eligible employee may take up to 12 weeks of unpaid leave in a 12-month period
for the birth and care of a child or the placement and care of a child for adoption or foster care.
(Note - Under the Tennessee Maternity Leave Act (TMLA), a female employee may take an
additional four weeks of unpaid leave if the three-month advance notice has been complied




                                                 9
with.) Leave may also be taken to care for the employee, a child, spouse, or a parent who has a
serious health condition. The right to take leave applies equally to male and female employees
who are eligible.

Unpaid leave to care for a newborn child or a newly placed adopted or foster care child must be
taken before the end of the first 12 months following the date of birth or placement.

An expectant mother may take unpaid medical leave upon the birth of the child, or prior to the birth
of the child, for necessary medical care and if her condition renders her unable to work. Similarly,
for adoption or foster care, leave may be taken upon the placement of the child or leave may begin
prior to the placement if absence from work is required for the placement to proceed.

An employee may take unpaid leave to care for a parent or spouse of any age who, because of a
serious mental or physical condition, is in the hospital or other health care facility. An employee
may also take leave to care for a spouse or parent of any age who is unable to care for his/her own
basic hygiene, nutritional needs, or safety. Examples include a parent or spouse whose daily
living activities are impaired by such conditions as Alzheimer's disease, stroke, recovering from
major surgery, or the final stages of terminal illness.

Eligible employees who are unable to perform the functions of their position because of a serious
health condition may request up to 12 weeks unpaid leave. The term "serious health condition"
covers conditions or illnesses that affect an employee's health to the extent that he/she must be
absent from work on a recurring basis or for more than a few days for treatment or recovery.

Employees requesting medical leave due to their own illness or injury shall use any balance of sick
leave, annual leave, or floating holidays prior to the beginning of unpaid leave. The combination
of sick leave, annual leave, floating holidays, and unpaid leave may not exceed 12 weeks.
Employees requesting family leave may use unpaid leave. The combination of annual leave,
floating holidays, and unpaid leave may not exceed 12 weeks.

During periods of unpaid leave, an employee will not accrue any additional seniority or similar
employment benefits during the leave period.

If spouses are employed by the same employer and wish to take leave for the care of a new child or
a sick parent, their aggregate leave is limited to 12 weeks. For example, if the father takes eight
weeks of leave to care for a child, the mother would be entitled to four weeks leave, for a total of 12
weeks.

Right To Return To Work: On return from FMLA leave, an employee is entitled to be returned
to the same position the employee held when leave commenced, or to an equivalent position with




                                                  10
equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled
to such reinstatement even if the employee has been replaced or his/her position has been
restructured to accommodate the employee's absence.

If the employee is unable to perform the essential functions of the position because of a physical or
mental condition, including the continuation of a serious health condition, the employee has no
right to restoration to another position under the FMLA. However, the employer's obligations
may be governed by the American with Disabilities Act.

Notification and Scheduling: An eligible employee must provide the employer at least 30 days
of advance notice of the need for leave for birth, adoption, or planned medical treatment, when the
need for leave is foreseeable. This 30-day advance notice is not required in cases of medical
emergency or other unforeseen events, such as premature birth or sudden changes in a patient's
condition that require a change in scheduled medical treatment.

People who are awaiting the adoption of a child and are given little notice of the availability of the
child may also be exempt from this 30-day notice.

It is the city's responsibility to designate leave in writing as FMLA leave and to notify the
employee. Employees may not retroactively claim that unpaid leave was for FMLA.

The employer will provide the FMLA leave notice in alternate formats.

Certification: The employer reserves the right to verify an employee's request for family/
medical leave. If an employee requests leave because of a serious health condition or to care for a
family member with a serious health condition, the employer requires that the request be supported
by certification issued by the health care provider of the eligible employee or the family member as
appropriate. If the employer has reason to question the original certification, the employer may,
at the employer's expense, require a second opinion from a different health care provider chosen by
the employer. That health care provider may not be employed by the employer on a regular basis.
If a resolution of the conflict cannot be obtained by a second opinion, a third opinion may be
obtained from another provider and that opinion will be final and binding.

This certification must contain the date on which the serious health condition began, its probable
duration, and appropriate medical facts within the knowledge of the health care provider regarding
the condition. The certification must also state the employee's need to care for the son, daughter,
spouse, or parent and must include an estimate of the amount of time that the employee is needed
to care for the family member.

Medical certifications given will be treated as confidential and privileged information. An
employee will be required to report periodically to the employer the status and the intention of the
employee to return to work.
Employees who have taken unpaid leave under this policy must furnish the employer with a
medical certification from the employee's health care provider at the employee’s expense, stating
that the employee is able to resume work before return is granted.

                                                 11
Maintenance of Health and COBRA Benefits During Unpaid Leave: The employer will
maintain health insurance benefits, paid by the employer for the employee, during periods of
unpaid leave without interruption. Any payment for family coverage/premiums or other payroll
deductible insurance policies must be paid by the employee or the benefits may not be continued.

The employer has the right to recover from the employee all health insurance premiums paid
during the unpaid leave period if the employee fails to return to work after leave. Employees who
fail to return to work because they are unable to perform the functions of their job because of their
own serious health condition or because of the continued necessity of caring for a seriously ill
family member may be exempt from the recapture provision.

Leave taken under this policy does not constitute a qualifying event that entitles an employee to
Consolidated Omnibus Budget Reconstruction Act (COBRA) insurance coverage. However, the
qualifying event triggering COBRA coverage may occur when it becomes clearly known that an
employee will not return to work, and therefore ceases to be entitled to leave under this policy.

Reduced and Intermittent Leave: Leave under this policy can be taken intermittently or on a
reduced leave schedule when medically necessary as certified by the health care provider.
Intermittent or reduced leave schedules for routine care of a new child can be taken only with
approval of the City Administrator. The schedule must be mutually agreed upon by the employee
and the employer.

Employees on intermittent or reduced leave schedules may be temporarily transferred by the
employer to an equivalent alternate position that may better accommodate the intermittent or
reduced leave schedule.

Intermittent or reduced leave may be spread over a period of time longer than 12 weeks, but will
not exceed the equivalent of 12 workweeks in a 12-month period.

Restoration: Employees who are granted leave under this policy will be reinstated to an
equivalent or the same position held prior to the commencement of their leave. Certain highly
compensated key employees, who are salaried and among the 10 percent highest-paid employees,
may be denied restoration. (Note - Restoration may be denied if (A) the employer shows that such
denial is necessary to prevent substantial and grievous economic injury to the employer's
operations, (B) the employer notifies the employee that it intends to deny restoration on such basis
at the time the employer determines that such injury would occur, and (C) in any case in which the
leave has commenced, the employee elects not to return to work within a reasonable period of time
after receiving such notice.)

Employees voluntarily accepting a light duty assignment in lieu of continuing FMLA leave
maintain their right to restoration to the original or an equivalent job until the twelve (12) weeks of
FMLA leave has passed.

The 12-month FMLA Period: The 12-month period during which an employee is entitled to 12

                                                  12
workweeks of FMLA leave is measured forward from the date the employee's first FMLA leave
begins. An employee is entitled to 12 weeks of leave during the 12- month period after the leave
begins. The next 12-month period will begin the first time the employee requests FMLA leave
after the completion of the previous 12-month period. (The employer may choose as the
12-month period either the calendar year, a fixed 12-month period, or the 12-month period counted
backward from the date of leave.)

Denial of FMLA Leave: If an employee fails to give timely advance notice when the need for
FMLA leave is foreseeable, the employer may delay the taking of FMLA leave until 30 days after
the date the employee provides notice to the employer of the need for FMLA leave.

If an employee fails to provide in a timely manner a requested medical certification to substantiate
the need for FMLA leave due to a serious health condition, an employer may delay continuation of
FMLA leave until an employee submits the certificate. If the employee never produces the
certification, the leave is not FMLA leave.

If an employee fails to provide a requested fitness-for-duty certification to return to work, an
employer may delay restoration until the employee submits the certificates.

H.     FUNERAL/BEREAVEMENT LEAVE

Full-time employees shall be allowed two days of leave with pay for the death in an employee's
immediate family. Immediate family shall include spouse, parents, children, brothers, sisters, and
parents in law. Employees wishing to attend services of non-relatives must use annual leave for
this purpose. An additional day may be granted by the City Administrator if the employee travels
more than 500 miles to a funeral.

I.     CIVIL LEAVE

Civil leave with pay may be granted to employees to:

1.     Serve on jury duty,
2.     Answer a subpoena to testify for the city, and/or
3.     Perform emergency duty for national defense.

Employees selected for civil service shall be excused for the actual duration of the civil service.
Upon release from civil duty during the employee's normal working hours, he/she is expected to
return to duty. Employees will receive full pay during such service.
J.      VOTING

When elections are held in the state, leave for the purpose of voting shall be in accordance with
T.C.A. 2-1-106, herein reprinted:

               "EMPLOYERS MAY DESIGNATE PERIODS OF PERMISSIBLE
               ABSENTEEISM - Any person entitled to vote in an election held in this

                                                 13
               state may be absent from any service or employment on the day of the
               election for a reasonable period of time, not to exceed three hours,
               necessary to vote during the time the polls are open in the county where
               he/she is a resident. A voter who is absent from work to vote in
               compliance with this section may not be subjected to any penalty or
               reduction in pay for his absence. If the tour of duty of an employee begins
               three or more hours after the opening of the polls or ends three or more
               hours before the closing of the polls of the county where he/she is a resident,
               he/she may not take time off under this section. The employer may specify
               the hours during which the employee may be absent. Request for such an
               absence shall be made to the employer before twelve noon of the day before
               the election."

K.     MATERNITY LEAVE

(Required if city has 100 employees. Discretionary for cities with under 100 employees).
Under the Tennessee Maternity Leave Act, a female employee who has been employed full time
for at least one year with the City of Algood and who gives at least three months advance notice of
her anticipated date of departure, length of maternity leave, and intentions to return to full-time
employment, may be granted maternity leave for a period not to exceed four months for
pregnancy, childbirth, and nursing an infant. Sick leave may be granted for maternity purposes;
otherwise, the employee will be granted a leave of absence without pay.

An employee desiring maternity leave shall notify her department head so a temporary
replacement may be secured. Return to duty must be accompanied by a release statement from
the employee's attending physician.

L.     MILITARY LEAVE

Any regular employee who has completed six months of satisfactory employment and who enters
the U.S. Armed Forces will be placed on military leave. The City Administrator shall approve
military leave without pay when the employee presents his/her official orders. The employee
must apply for reinstatement within 90 days after release from active military duty.

The employee will be reinstated to a position in the current classification plan at least equivalent to
his/her former position. His/her salary will be the salary provided under the position
classification and compensation plan prevailing at the time of reinstatement or re-employment for
the position to which he/she is assigned. If no position is available at the time of the employee's
return, the employee will be reinstated into the first available position. No current full-time
employee will be terminated or laid off to allow for the reinstatement.

Any regular full-time employee who is a member of the U.S. Army Reserve, Navy Reserve, Air
Force Reserve, Marine Reserve, or any of the armed forces will be granted military leave for any
field training or active duty required (excluding extended active duty). Such leave will be granted
upon presentation of the employee's official order to his/her jurisdictional official. Compensation

                                                  14
for such leave will be paid pursuant to T.C.A. 8-33-109.

It will be the employee's responsibility to arrange with the department supervisor to attend
monthly meetings on regular off-time, with pay being applicable to the annual two-week training
period. Employees entering an extended active duty will be given fifteen (15) days pay when
placed on military leave.

Firefighters who are members of the U.S. Army Reserve, Navy Reserve, Air Force Reserve, or
Marine Reserve shall be allowed seven and a half (7.5) shift days for reserve training.

M.     DEATH OF AN EMPLOYEE

Upon the death of a full-time regular employee, his/her beneficiary will receive his/her next due
payroll check, pay for accrued vacation time, and two weeks pay. Further, his/her beneficiary
shall be given complete assistance by the city recorder in settling pension, life, and hospital
insurance benefits.

N.     RETIREMENT SYSTEM

Full-time employees are eligible to participate in a city funded Defined Benefit Program through
Nationwide.

O.     INSURANCE COVERAGE

The City of Algood provides basic health insurance coverage through the State of Tennessee Local
Health Plan. Should circumstances dictate terminating benefits, the city will offer employees and
their dependents the opportunity to extend their health insurance coverage under COBRA. The
city also provides group life insurance equal to three times the employee=s salary up to a
maximum of $100,000. Employees are eligible to participate in a group dental program at the
employee=s expense.




                                                15
P.     WORKERS' COMPENSATION

All injuries arising out of and in the course of one's employment shall be governed by the
Tennessee workers' compensation law. Employees on occupational disability leave shall receive
only those benefits due under workers' compensation.

In all cases of occupational disability, the responsibility of determining the character, degree, and
potential duration of an injury shall rest with the licensed, practicing medical doctor(s) designated
by the City Administrator. The medical doctor(s) may make periodic examinations, progress
reports, and recommendations as deemed necessary by the Board.

Before an employee is returned to full duty, the employee must demonstrate his/her fitness for duty
by passing the performance test administered by the department head. This will only test for
ability to perform routine tasks using those skills required for the position. Should an employee
be unable to return to work within three months from the day following the date of injury, the
employee may be subject to separation only if he/she:

1.     Cannot perform the essential functions due to a disability that cannot reasonably be
       accommodated; and

2.     Poses a direct threat to himself/herself and/or others.

Q.     UNIFORMS

The City of Algood provides uniforms for (police, fire, parks and recreation, public works, and
utility department) employees. The city desires to have uniforms that are well maintained to
emphasize the professionalism of the workforce and to promote the pride in the city. Uniforms
issued by the city are city property and are the responsibility of the employee. At the time of
separation of employment, and prior to receiving final monies due, the employee shall return to his
or her department any uniforms in the employee=s care and custody. All monies due the city
because of any shortages shall be deducted from the employee=s separation pay or otherwise
collected.


Section V.                     Employee Safety
A.     AUTHORITY/RESPONSIBILITY

Basic safety responsibility is a function of management, supervisors, and the individual employee.
Each individual employee has the responsibility to ensure that the safety requirements associated
with his/her job is followed. If the safety requirements cannot be followed, each individual
employee has the authority to not perform the assignment until his or her supervisor has provided a
method for accomplishing the task safely.
1.     Management


                                                 16
     a.   Responsibility. The city supervisors are responsible for providing a safe
          and healthful workplace free from recognized hazards which may cause
          serious injury. It is his/her responsibility to participate in safety activities;
          set the proper example for employees by following appropriate safety rules
          and procedures; encourage employees to follow safety rules and
          procedures; and effectively enforce safety rules and procedures.

     b.   Authority. The City Administrator has the authority to provide a safe and
          healthful workplace by using city resources to do what is reasonable to
          properly protect people, property, and the environment.

2.   Department Heads

     a.   Responsibility. All department heads are responsible for assuring that
          their assigned employees perform their assignments in a safe manner by
          following the specified safety rules and procedures. They are to
          accomplish this by:

          (1)     providing the necessary tools, equipment and facilities
                  necessary to perform the job safely.

          (2)     providing the necessary rules and procedures for assigned
                  tasks.

          (3)     educating and training employees concerning job safety
                  rules and procedures.

          (4)     routinely inspecting workplaces to detect potential safety
                  hazards so effective corrective action can be taken.

          (5)     enforcing safety rules and procedures.

     b.   Authority. Each department head has the authority to assure that his/her
          assigned employees are provided the necessary tools, equipment, facilities,
          rules and procedures, education and training, to perform their job duties
          safely. They are authorized to routinely inspect their workplace and
          correct any defects observed. Each department head has the authority and
          is held accountable for enforcing safety rules and procedures.




                                             17
3.     Employees

       a.     Responsibility. All employees are responsible for performing their job
              duties in a safe manner by following the specified safety rules and
              procedures. Each employee must:

              (1)     not perform jobs unless he/she has been authorized to
                      perform them and has been properly trained.

              (2)     wear the prescribed personal protective equipment.

              (3)     review each assignment prior to performing it to ensure it
                      can be performed safely.

              (4)     must not perform jobs unless they can be performed safely.

       b.     Authority. Each employee has the responsibility and authority to follow
              the safety rules and procedures pertaining to his or her job.

B.     SAFETY COMMITTEE

The City of Algood has established and maintains a safety program that is designed to protect
people, property, the environment, and comply with all applicable federal laws. This objective is
accomplished, in part, through the use of a Safety Committee with representation from every
department of city government. The Safety Committee is responsible for the following activities:

1.     Safety Activities. To oversee the entire safety program and ensure that the program is
       pertinent, interesting, and effective.

2.     Rules and Procedures. To assure that safety rules and procedures are maintained
       and effectively communicated to all department heads and employees.

3.     Education and Training. To assure that existing and new employees are
       effectively trained to perform their assigned jobs in a safe manner.

4.     Inspections and Audits. To assure that effective monthly inspections and audits
       are conducted to achieve a safe and healthful work environment.

5.     Fire and Emergency. To insure that effective fire and emergency procedures are
       established and maintained to protect personnel and property.




                                               18
6.     Health and Environment. To assure a safe and healthful environment where
       employees and others are properly protected from potential injuries and illnesses
       associated with chemicals, fumes, dusts, noise, ergonomic problems and other
       health and environmental hazards.

7.     Accident Investigation. To assure that the basic causes of accidents are properly
       identified and effective control measures are taken to prevent recurrence.

8.     Housekeeping. To assure proper workplace housekeeping and orderliness so that
       there are no unnecessary things present and all necessary things are in the proper
       place.

C.     GENERAL SAFETY RULES

The following General Worksite Safety Rules pertain to the work performed at all City of
Algood=s facilities and worksites and must be followed by all employees. Any exceptions must
be approved by the department head or City Administrator. All General Worksite Safety Rules
are approved by the Safety Committee. Failure to follow these safety rules will warrant
disciplinary action.

1.     Follow all safety rules and procedures applicable to the work being performed.

2.     Review jobs before performing them to assure that the job can be performed safely.
       If any doubt exists about job safety, do not perform the job until the supervisor
       provides a way to safely perform the job.

3.     Perform only those jobs and operate only equipment authorized by the department
       head.

4.     Wear the personal protective equipment prescribed within specific job/operating
       procedures and applicable safety rules.

5.     Inspect tools and equipment prior to use and report any defects to supervision for
       repair before using.

6.     Assure safety guards and devices on machinery and equipment are functioning
       properly before use.

7.     Promptly report all accidents, including injuries, to supervision so prompt action
       can be taken to provide the necessary medical attention and prevent recurrence.

8.     Maintain a clean and orderly workplace by providing needed materials in assigned
       locations and removing all unnecessary items.



                                               19
9.     Lift, push, pull and handle only those things you are physically capable of handling
       safely while following the prescribed procedure.

10.    Horseplay often results in injury and will not be tolerated. Prompt disciplinary
       action will be taken.

11.    Know the potential hazards associated with chemical substances and how to protect
       yourself before handling chemicals.

12.    Report any detected safety or health hazards promptly to the department head so
       effective corrective measures can be taken.

13.    Use of alcohol and nonprescription drugs on the job is strictly prohibited. Use of
       prescription drugs which may affect proper job performance must be reported to
       the department head.

14.    Lockout/tagout procedures shall be followed by all authorized employees to protect
       themselves from hazardous energy while servicing and maintaining equipment,
       machines and processes.

D.     NEW EMPLOYEE SAFETY ORIENTATION

All new employees, including supervisors and department heads, must be properly trained to
perform their assigned job safely prior to initial workplace exposure. The following new
employee safety orientation training will be completed for each new employee.

1.     Ranking Supervisor. The ranking supervisor will welcome the new employee to
       the department or office and explain the city=s safety policy and inform the
       employee about the presence and purpose of the Safety Committee. Emphasis
       will be placed on the need to perform jobs safely each time they are performed.
       The new employee will be informed that good job performance depends on
       following the safety rules and procedures associated with the jobs. The new
       employee will be told that every job can and must be done safely.


2.     Safety Program. The new employee=s supervisor shall ensure that the safety,
       health and environmental items pertaining to the new employee=s job are
       reviewed and discussed. As a minimum, the following information will be
       covered:


                                               20
a.   Safety Activities. Review and describe the purpose of the safety
     committee. Explain the employee participation in the program
     and the importance of employee involvement. Describe how the
     safety committee is responsible for coordinating the overall safety
     program designed to protect people, property, the environment,
     and comply with governmental regulations, as well as protecting
     against liability.


b.   Rules and Procedures. Review the Safety Rules and
     Procedures that apply to the new employee=s task assignment.
     Explain each rule and validate that the new employee understands
     the rule.


c.   Education and Training. Explain the importance of safety
     education and training to ensure a safe and healthful workplace.
     Emphasize that employees must not perform tasks, jobs,
     assignments, etc., for which they have not been trained and
     authorized to perform safely. Describe how routine safety
     meetings will be held with all employees to keep them properly
     informed concerning how to perform their assigned work safely.
     Also, encourage the new employee to report on the effectiveness
     of his /her safety orientation and safety meetings so that
     improvements can be made.


d.   Inspections. Describe the overall safety inspection program and
     its importance in assuring a safe and healthful workplace. Also,
     describe each employee=s responsibility for inspecting tools and


                                     21
     equipment prior to use to ensure that the equipment can be used
     safely. Explain that defective tools and equipment must not be
     used until repaired. State that defective tools and equipment
     must be taken out of service until repaired.


e.   Health and Environment. Describe the overall potential health
     hazards associated with their jobs including chemicals, dusts,
     fumes, vapors, noise, etc. Explain the city=s hazard
     communication program including its purpose, the chemical
     inventory, material safety data sheets (MSDS=s), container
     labeling, protective measures, etc. Discuss the importance of
     employees following safe work practices when manually handling
     materials. State that proper lifting techniques must be followed
     and that help must be obtained when heavy loads are lifted. Also,
     explain any environmental hazards associated with operations and
     control measures for protecting the environment.


f.   Fire and Emergency. Describe the proper action that must be
     taken when an emergency occurs. Explain the type of
     emergency situations which might occur and the proper action to
     take. Provide classroom and hands-on fire extinguisher training,
     if appropriate, and explain the limitations for using fire
     extinguishers (not for fighting structural fires). If workplace
     exposure warrants, explain the fire and explosion hazards
     associated with the use of flammable liquids, gases, etc.


g.   Accident Investigation. Explain the procedure and need for
     reporting all accidents promptly, including injury or illness.


                                     22
              Discuss that the purposes of accident investigations are to obtain
              the facts, determine basic causes, develop solutions, and
              recommend action to prevent recurrences. Emphasize that
              investigations are not to place blame, but only to the facts.
              Describe how employees are part of all accident investigations and
              are important to gathering pertinent information. Review the
              typical accidents occurring within the department and how they
              can be avoided. Tell the new employee that newly assigned
              employees are more apt to be injured on-the-job than other
              employees and that he or she must perform all work assignments
              with caution.


       h.     Housekeeping. Explain how a clean and orderly workplace is
              usually a safe workplace. State that a good safety program
              cannot be achieved and maintained without good housekeeping
              and orderliness. Describe how to maintain good housekeeping
              and orderliness by keeping all necessary things in their assigned
              places and removing all unnecessary things from the workplace.
              State that a job has not been done right until the worksite has been
              cleaned up and returned to its normal orderly state. Ask the new
              employee to report housekeeping problems to supervision so that
              effective corrective action can be taken.


E.     CONTINUING SAFETY EDUCATION


Safety education and training is a never-ending job which must be continued throughout
employment. Through continuing safety education, employee safety awareness continuously
improves and accident potential in the city=s work-related activities continuously decreases.


                                              23
Types of continuing safety education include:


1.     Safety Meetings. All employees are expected to participate in safety meetings.
       Safety meeting will be conducted periodically. Safety meetings are an
       opportunity to review specific accidents and cover the overall safety performance
       of the group. Discussion time must also be allotted to allow employees to air
       safety and health concerns.




                                              24
2.     In-Service Training. The state commissions for both fire fighters and police
       officers mandate specific training for these uniformed services. Each of these
       departments shall present 40 hours of training that covers subject material
       related to either fire or police, as the case may be.


3.     Special Training.    Special safety, health and/or environmental education and
       training programs will be presented on an as-needed basis as determined by the
       safety committee. Such training may include back safety training, defensive
       driving, etc.


F.     MAINTAINING A SAFE WORKPLACE


A safe and healthful workplace is maintained through the cooperative efforts of all supervisors
and employees. Continuous efforts are necessary to improve safety awareness and behavior,
and to assure a safe workplace. Activities aimed at maintaining a safe workplace include:


1.     Inspections, Audits and Reviews. Inspections and reviews conducted by
       supervisors and employees to detect safety hazards, safety defects and/or
       compliance with rules, procedures and regulations. Prompt corrective action
       concerning items detected helps achieve a safe and healthful workplace.
       Facility safety inspections, audits and reviews include:


       a.     New or Modified Equipment. All new and/or modified
              equipment must be reviewed prior to placing the equipment in
              service. It shall be the supervisor=s responsibility to see that the
              equipment is reviewed with the employee(s) who will operate the
              equipment. A written record of the review must be on file in the
              supervisor=s office.


                                              25
b.   General. General facility/worksite safety inspections are
     conducted periodically by supervisors and employees. Also,
     specific inspections are conducted by supervisors and employees
     in their assigned work areas.


     (1)    Facility/Worksite Inspection: Facilities/worksites
            shall be inspected periodically by supervisors and
            employees. The procedure for conducting the
            inspections is as follows:


            (a).   Coordination. The City Administrator is
                   responsible for facilitating and assuring the
                   performance of inspections at city facilities
                   and worksites.
            (b).   Inspection. The amount of time to be allotted for
                   each inspection will vary according to the
                   complexity of the facility, equipment and/or jobsite
                   procedures being inspected. The Safety
                   Committee will assist departments in the design of
                   inspection forms and checklists.


            (c).   Follow-up. The supervisor of the area
                   being inspected must receive a copy of the
                   inspection to follow up on any deficiencies
                   detected. The corrected items must be
                   reported to the department head and City
                   Administrator. Prompt corrective action is


                                     26
                           necessary to assure a safe and healthful
                           workplace.


                    (d).   Specific Inspections. Specific safety
                           inspections which must be conducted
                           throughout a facility or worksite on a routine
                           basis include, but are not limited to:


                           *Portable ladders
                           *Spray booths
                           *Vehicle-mounted platforms
                           *Overhead and gantry cranes
                           *Abrasive wheel machinery
                           *Welding and cutting operations
                           *Portable fire extinguishers
                           *Use and care of respirators


                    (e).   Inspection Procedures. The safety
                           inspection procedures specified by the
                           equipment/machine manufacturers, by
                           TOSHA, American National Standards
                           Institute standards, and other relevant
                           organizations must be followed as referred
                           above.


2.   Personal Responsibility for Safety and Health. Since job safety and health is
     so important to the safety and health of employees it is a vital aspect of all jobs.
     Each employee must consider job safety rules and procedures and safe work


                                             27
practices of utmost importance in performing assignments. When safety rules
and




                                    28
     procedures are not followed, jobs are not performed right, and job performance
     will be considered unsatisfactory. Failure to correct such problems may result
     in disciplinary action up to and including termination.


3.   Enforcement of Safety Rules and Procedures. The objective of the safety and
     health program is that safety rules and procedures are known, understood and
     followed. Safety rules and procedures that are not known will not protect any
     employee. Once the rules and procedures are known and understood, the rules
     must be followed. Each employee=s supervisor is responsible for assuring that
     his or her assigned employees follow applicable safety rules and procedures.
     Without proper enforcement, safety rules and procedures will be ineffective and
     injuries and illnesses will more likely result. Enforcement of safety rules and
     procedures should be done by supervision as a normal course of assuring that
     jobs are done right. When the necessary enforcement is done routinely and
     properly in a fair, but firm manner, and all employees understand that the rules
     and procedures must be followed, very little effort will be required. Employees
     who violate safety and health rules and procedures that have been established
     by the City of Algood shall be subject to disciplinary action, up to and including
     dismissal.


G.   PROVIDING FOR A HEALTHY WORKPLACE


1.   Physical Evaluations. Each employee offered employment with the City of
     Algood will receive an initial physical evaluation. The specifics of the evaluation
     will depend on the nature of the job and the consulting physician=s directions.
     As specified by OSHA standards and other applicable regulations, continuing
     physical evaluations and/or medical surveillance will be conducted for affected
     employees.


                                             29
2.     Policy Regarding Alcohol and Drugs. The policy provides for periodic random
       sampling for alcohol and drug testing for all of the city=s employees.


H.     MEDICAL TREATMENT FOR WORKPLACE INJURIES/ILLNESSES


The following procedures are to be utilized for all on-the-job injuries and illnesses reported to
supervision which require medical treatment beyond first-aid:


1.     Accident Investigation Procedure. All accidents and/or incidents which
       caused or had the potential to cause injury, illness and/or damage to facilities,
       equipment, and property must be reported to supervision, at the earliest
       opportunity, so that the accident or incident can be investigated. It is very
       important that non-injury accidents be reported as well so that the cause of the
       accident may be determined.




                                               30
     By identifying and addressing an incident=s root cause(s), future accidents
     which may involve employee injury can be prevented. All employees must be
     instructed and trained concerning the importance of reporting non-injury
     incidents.


2.   Investigation. The immediate supervisor of the injured employee or the person
     responsible for the work area where an accident occurred is responsible for
     investigating the accident and completing the city=s First Report of Occupational
     Injury/Illness/Hazard.


     Supervisors may more effectively determine the basic causes of the accident and
     arrive at better preventive strategies by calling on an employee knowledgeable
     about the work being performed at the time of the accident. All employees are
     expected to assist the supervisors, when called on, in conducting the
     investigation.


     All accidents are investigated to determine the basic accident causes, so that
     effective control measures can be taken to prevent recurrence of that or similar
     accidents to the person involved or other persons performing similar tasks.
     Emphasis is placed on getting the accident facts and not on placing blame for
     the accident. Once the facts have been determined, the basic cause(s) can be
     identified, and recommendation made to prevent recurrence. Items which should
     be considered when conducting an accident investigation include, but are not
     limited to:

     a.     Caring for the injured.
     b.     Securing the area.
     c.     Obtaining accident description.
     d.     Recording sequence of events.
     e.     Recording witness interviews.
     f.     Recreating controlled accident situation.
     g.     Reviewing engineering controls.
     h.     Reviewing job procedures.


                                            31
     i.     Reviewing safety rules.
     j.     Reviewing employee training.
     k.     Reviewing enforcement.
     l.     Reviewing supervisory controls.
     m.     Listing probable cause.
     n.     Determining most likely cause.
     o.     Developing possible controls.
     p.     Determining best control.
     q.     Assigning responsibility for follow-up.
     r.     Submitting accident investigation report.
     s.     Communicating investigation report.
     t.     Ensuring effective supervisory follow-up.
3.   First Report of Occupational Injury/Illness/Hazard

     The accident investigation report must be completed and forwarded to the City
     Administrator. All pertinent items on the report must be completed as specified.
     The City Administrator should return all reports that are incomplete or not
     thorough in their causation and prevention determinations.

4.   Communication

     Supervisors will communicate accident facts to the injured employee or to
     employees involved in non-injury accidents, as well as to other employees to keep
     them properly informed about workplace safety. The injured employee(s) name
     should not be included in the communications to other employees.

5.   Follow-up

     The department head of the department where the accident/incident occurred, and
     the supervisor preparing the accident report, are jointly responsible for ensuring
     that all accident investigation report recommendations are complied with and/or
     resolved.

6.   Medical Panel

     It shall be the responsibility of each department head to communicate with the
     city=s medical panel for worker=s compensation claims as part of the investigative
     process. The department head should make every effort to have employees back
     on the job as soon as possible. Light duty, including certain administrative duties,
     is to be encouraged to get the employees back on the job. Light duty assignments
     should be coordinated with the medical panel.

I.   MOTOR VEHICLE ACCIDENT INVESTIGATION PROCEDURES

1.   Vehicle Accidents Investigated

                                             32
When a city employee has an accident in a city vehicle that causes injury to any
person and/or damage to any vehicle, equipment or property, that employee must
report it immediately to his/her supervisor before accomplishing any other work
endeavor.




                                       33
2.     Police Notification

       Any vehicle or equipment accident on a public street, in which an employee is
       involved, while working for the city, must be reported to the police or other
       appropriate law enforcement agency.

3.     Post-vehicular Accident Employee Responsibilities

       Employees shall stop whenever a police investigation of the accident is indicated;
       do not leave the scene or move the vehicle until directed to do so by the police.
       Employees shall not admit responsibility for an accident, offer to make any kind of
       settlement, or sign any statement at the scene of an accident.

       If the accident involves damage to an unattended vehicle or a fixed object,
       reasonable steps shall be taken to locate and notify the owner. If the owner cannot
       be found, leave a notice in a conspicuous place on the vehicle or object, listing your
       name and address, and a brief description of the occurrence.


Section VI.           Substance Abuse Policy
A.     GENERAL

For purposes of this section, the word Aabuse@ means the use of illegal drugs, the use of
prescription drugs without a legal prescription, the use of prescription drugs other than in
accordance with a legal prescription, the use of non-prescription drugs other than for the
manufacturer=s indicated symptoms and in accordance with the manufacturer=s recommended
dosages unless otherwise directed by a licensed health care provider, the use of alcohol while
acting within the scope and in the course of their employment for the City of Algood, and/or being
under the influence of alcohol while acting within the scope and in the course of their employment
for the city.

The City of Algood recognizes that the abuse of drugs and alcohol is a serious problem that may
involve the workplace. It is the intent of the city to provide all employees with a safe and secure
workplace in which each person can perform his or her duties in an environment that promotes
individual health and workplace safety and efficiency. Employees of the city are public
employees and must foster the public trust by earning and preserving a reputation for integrity,
honesty, and responsibility.

To provide a safe, healthy, productive, and drug-free working environment for its employees to
properly conduct the public business, the city has adopted this substance abuse policy. This
policy is intended to comply with: (1) the Drug-Free Workplace Act of 1988, which ensures
employees the right to work in an alcohol- and drug-free environment and to work with persons
free from the effects of alcohol and drugs; (2) Federal Highway Administration (FHWA) rules,


                                                34
which require drug and alcohol testing for persons required to have a commercial driver=s license
(CDL) in order to perform functions of their municipal job; and (3) the Omnibus Transportation
Employee Testing Act of 1991, which requires alcohol and drug testing of safety-sensitive
employees in the aviation, motor carrier, railroad, pipeline, commercial marine, and mass transit
industries, and related U.S. Department of Transportation (DOT) rules which specify procedures
for urine drug testing and breath alcohol testing.

It is the policy of the city that the abuse of drugs by its employees, and impairment in the
workplace due to the abuse of drugs and/or alcohol, are prohibited and will not be tolerated.
Engaging in prohibited and/or illegal conduct may lead to dismissal. Prohibited and/or illegal
conduct includes but is not limited to:

1.     Being on duty or performing work in or on city property while using or under the
       influence of any one or more of the following: illegal drugs, prescription drugs
       without a legal prescription, prescription drugs other than in accordance with a
       legal prescription, non-prescription drugs other than for the manufacturer=s
       indicated symptoms and in accordance with the manufacturer=s recommended
       dosages unless otherwise directed by a licensed health care provider, and/or
       alcohol;

2.     Engaging in the manufacture, sale, distribution, use, or possession of illegal drugs
       or prescription drugs without a legal prescription at any time, whether or not on
       duty for the city;

3.     Engaging in the manufacture, sale, distribution, use or possession of alcohol while
       on duty or while in or on city property;

4.     Refusing or failing a drug and/or alcohol test administered pursuant to this
       substance abuse policy;

5.     Providing an adulterated, altered, or substituted specimen for testing;

6.     Use of alcohol within four hours prior to reporting for duty on schedule or use of
       alcohol while on-call for duty; and

7.     Use of alcohol, illegal drugs or prescription drugs without a valid prescription at
       any time within eight hours following an accident/incident if the employee=s
       involvement has not been ruled out as a contributing factor in the accident/ incident
       or until the employee has completed drug and/or alcohol testing procedures.




                                                35
This substance abuse policy does not prohibit the appropriate use of either legally prescribed or
non-prescription medication that does not adversely affect the mental, physical, or emotional
ability of the employee to safely and efficiently perform his or her job-related duties. It is the
employee=s responsibility to inform the proper supervisory personnel of his or her use of any
legally prescribed or non-prescription medication that may adversely affect the mental, physical,
or emotional ability of the employee to safely and efficiently perform his or her job-related duties
before the employee goes on duty or performs any work for the city.

Employees who are not in an official on-call status and who are called in to work outside their
normal duty hours to perform emergency or otherwise unscheduled work are required to report any
recent consumption of alcohol to the supervisor making the work request and, if any alcohol has
been recently consumed, are to decline the request to report to work. The employee in this
instance shall not be disciplined for failure to report to work.

In order to educate the employees about the dangers of drug and/or alcohol abuse, the city shall
sponsor a substance abuse policy information and education program for all employees and
supervisors. Information will be provided on: (1) the signs and symptoms of drug and/or
alcohol abuse; (2) the effects of drug and/or alcohol abuse on an individual=s health, work, and
personal life; (3) the city=s policy regarding drugs and/or alcohol; and (4) the availability of
counseling. The City Administrator has been designated as the official responsible for so
informing and educating the city workforce regarding this substance abuse policy and its
implementation.

B.     SCOPE

This substance abuse policy applies to all employees of the city. The random drug and alcohol
testing referenced below shall be required for all employees. Post-offer/pre-employment drug
abuse testing policies and procedures of this substance abuse policy apply to applicants who have
been given a conditional offer of employment from the city.

C.     SUBSTANCE ABUSE TESTING CONSENT FORM

Before a drug test is administered to an applicant, and before either a drug or an alcohol test is
administered to an employee for the first time as an employee, such individuals will be asked to
sign a substance abuse testing consent form authorizing the testing and permitting release of
positive alcohol test results to the city recorder, and release of positive drug test results to the
city=s medical review officer. The substance abuse testing consent form shall provide space for
employees and applicants to acknowledge that they have been notified of the city=s substance
abuse policy.

The substance abuse testing consent form shall set forth the following information:

1.     The procedure for confirming and verifying an initial positive test result;



                                                36
2.     The consequences of a verified positive test result; and

3.     The consequences of refusing to undergo a drug and/or alcohol test.

The substance abuse testing consent form also provides authorization for certified or licensed
attending medical personnel to take and have analyzed appropriate specimens to determine if
drugs or alcohol were present in the employee=s body.

D.     COMPLIANCE WITH SUBSTANCE ABUSE POLICY

Compliance with this substance abuse policy is a condition of employment. The failure or refusal
by either an applicant for employment or a current employee to cooperate fully by signing the
necessary consent forms or other required documents, or the failure or refusal by either such
person to submit to any test or any procedure under this policy in a timely manner, is cause for the
City of Algood to rescind a conditional offer to hire an applicant for employment or for the city
to dismiss a current employee. The submission by either such person of a urine specimen or
sample that is not his or her own or is adulterated is also cause to rescind a conditional offer to hire
or for dismissal.

Any employee convicted of violating a criminal drug statute shall inform the head of his or her
department of such conviction (including pleas of guilty and nolo contendere) within five days of
the conviction occurring. Failure to so inform the city subjects the employee to disciplinary
action up to and including dismissal for the first offense.

E.     DRUG ABUSE TESTING

An applicant or employee must carry and present a current and recent photo ID to appropriate
personnel during drug abuse testing. Failure to present a photo ID is equivalent to refusing to take
the drug abuse test. Employees and applicants may be required to submit to drug abuse testing
under the following separate conditions:

1.     Post-Offer/Pre-Employment Testing

       All applicants who have received a conditional offer of employment with the City
       of Algood must undergo a drug test that produces a verified negative drug screen
       result before commencing employment with the city. In addition, all applicants
       for any position for which the city requires random drug testing shall be asked if
       they have, within the last two (2) years:

       a.      been employed by a DOT-regulated employer and, if so, shall be
               required to obtain from the personnel department and complete
               Section 1 thereof a form by which the city may obtain information
               regarding previous employer alcohol and drug test information; and

       b.      either had a verified positive drug test result, or had a confirmed

                                                  37
            positive alcohol test result, or refused to participate in a drug or
            alcohol test, and any applicant that responds in the affirmative to
            such query shall be disqualified from employment until and unless
            that applicant provides the city with adequate written
            documentation of successful completion of the return-to-duty
            process through a certified substance abuse professional (SAP).

2.   Post-Accident/Post-Incident Testing

     Following any workplace accident/incident determined by supervisory personnel
     of the city to have resulted in significant property or environmental damage or in
     significant personal injury, including but not limited to a human fatality or human
     injury requiring medical treatment, each employee whose performance either
     contributed to the accident/incident or whose performance cannot be ruled out as a
     contributing factor to the accident/incident and/or who is reasonably suspected of
     possible drug use as determined during a routine post-accident/post-incident
     investigation and/or who receives a citation for a moving violation arising from the
     accident/incident is required to undergo post-accident/post-incident drug abuse
     testing. That employee must submit to a drug abuse test that produces a verified
     negative drug screen result prior to continuing to work for the city.

     Post-accident/post-incident drug abuse testing shall be carried out as soon as
     possible but within 32 hours following the accident/incident. Urine collection for
     post-accident/post-incident drug abuse testing shall be monitored or observed by
     same-gender collection personnel at the established collection site(s).

     In instances where post-accident/post-incident drug abuse testing is to be
     performed, the city reserves the right to direct the medical review officer (MRO)
     to instruct the designated laboratory to perform testing on submitted specimens for
     possible illegal/illegitimate substances.

     Any testing for additional substances listed under the Tennessee Drug Control Act
     of 1989 as amended shall be performed at the urinary cutoff level that is normally
     used for those specific substances by the laboratory selected.

3.   Post-Accident/Post-Incident Testing for Ambulatory Employees

     Following all workplace accidents/incidents where drug testing is to be
     performed, unless otherwise specified by the department head, affected employees
     who are ambulatory will be taken by a supervisor or designated personnel of the
     city to the designated urine specimen collection site as soon as possible but within
     32 hours following the accident/incident. No employee whose involvement has
     not been ruled out as a contributing factor in the accident/incident shall consume
     illegal drugs or prescription drugs without a valid prescription prior to completing
     the post-accident/post-incident drug abuse testing procedures.

                                             38
     No employee shall delay his or her appearance at the designated collection site(s)
     for post-accident/post-incident testing. Any unreasonable delay in providing
     specimens for drug testing shall be considered a refusal to cooperate with the
     substance abuse program of the city and shall result in disciplinary action up to and
     including dismissal.

4.   Post-Accident/Post-Incident Testing for Non-Ambulatory Employees

     An affected employee who is seriously injured, non-ambulatory, and/or under
     professional medical care following a significant accident/incident shall consent to
     the obtaining of specimens for drug testing by qualified, licensed attending medical
     personnel and consent to specimen testing. Consent shall also be given for the
     attending medical personnel and/or medical facility (including hospitals) to release
     to the medical review officer (MRO) of the city appropriate and necessary
     information or records that would indicate only whether specified prohibited drugs
     (and what amounts) were found in the employee=s body. Consent shall be granted
     by each employee at the implementation date of the substance abuse policy of the
     city or upon hiring following the implementation date.

     Post-accident/post-incident urinary consent and testing may be impossible for
     unconscious, seriously injured, or hospitalized employees. If this is the case,
     certified or licensed attending medical personnel shall take and have analyzed
     appropriate specimens to determine if drugs were present in the employee=s body.
     Only an accepted method for collecting specimens will be used. Any failure to
     perform post-accident/post-incident testing within 32 hours must be fully
     documented by the attending medical personnel.

5.   Testing Based on Reasonable Suspicion

     Drug abuse testing is required for each employee whenever there is reasonable
     suspicion to believe the employee is using or is under the influence of drugs. That
     employee must submit to a drug abuse test that produces a verified negative drug
     screen result prior to continuing to work for the city.




                                              39
     The decision to test for reasonable suspicion must be based on a reasonable and
     articulate belief that the employee is using or is under the influence of drugs. This
     belief should be based on recent, physical, behavioral, or performance indicators of
     possible drug use. One supervisor who has received drug detection training that
     complies with DOT regulations must make the decision to test and must observe
     the employee=s suspicious behavior, and shall take or may designate someone else
     to take the employee to the testing site.

     Supervisory personnel of the city making a determination to subject any employee
     to drug testing based on reasonable suspicion shall document their specific
     reasons and observations in writing to the City Administrator within 24 hours of the
     decision to test and before the results of the urine drug tests are received by the
     department. Urine collection for reasonable suspicion testing shall be monitored
     or observed by same-gender collection personnel.

6.   Random Testing

     The following employees of the City of Algood are subject to random drug abuse
     testing:

     a.     those employees required to have a commercial driver=s license
            (CDL) in order to perform any functions of their municipal job;

     b.     suppression personnel of the fire department;

     c.     sworn personnel of the police department; and

     d.     all other municipal employees

     A minimum of 15 minutes and a maximum of two hours will be allowed between
     notification of an employee=s selection for random drug testing and the actual
     presentation of that employee for specimen collection.

     Random drug abuse testing dates will be unannounced with unpredictable
     frequency. Some employees may be tested more than once each year while others
     may not be tested at all, depending upon the random selection.

     If an employee is unavailable (e.g., on vacation leave, sick leave, out of city,
     work-related causes, etc.) to produce a specimen on the date random drug abuse
     testing occurs, the city may omit that employee from that random testing or await
     the employee=s return to work.




                                             40
F.     RETURN TO DUTY & FOLLOW UP - DRUG ABUSE TESTING

Prior to returning to work for the city, any employee who has violated the prohibited drug conduct
standards:

       a.      must submit to a return-to-duty drug abuse test that produces a verified
               negative drug screen result;

       b.      must be referred to the substance abuse professional of the city;

       c.      must be assessed by the SAP of the city; and

       d.      must, to the satisfaction of the SAP, comply or be in the process of
               complying with all recommendations of the SAP.

Follow-up drug abuse tests will be unannounced, and at least six drug abuse tests will be
conducted in the first twelve (12) months after such an employee returns to duty. Follow-up drug
abuse testing may be extended for up to 60 months following return to duty. In this case, the
employee will be required to pay for his or her return-to-duty and follow-up drug abuse tests
accordingly.

Return-to-duty drug abuse testing that produces a verified negative drug screen result will also be
required of all employees who are returning from leave or special assignment in excess of six (6)
months. In this situation, the employee will not be required to pay for the drug abuse testing.

G.     PROHIBITED DRUGS

All drug abuse test results will be reported to the medical review officer (MRO). If positive
results are verified by the MRO, they will be reported to the city recorder. The following is a list
of drugs for which tests will be routinely conducted: marijuana metabolites, cocaine metabolites
(benzoylecgonine), phencyclidine (PCP), amphetamines, opiate metabolites, and alcohol. The
city may test for any additional substances listed under the Tennessee Drug Control Act of 1989 as
amended to date or as amended in the future.

H.     DRUG-ABUSE TESTING PROCEDURES

Drug-abuse testing will be accomplished as non-intrusively as possible. Affected employees will
be taken by a supervisor or designated personnel of the city to a drug test collection facility
selected by the city where a urine sample will be taken from the employee in privacy. The urine
sample will be immediately sealed by personnel overseeing the specimen collection process after
first being examined by these personnel for signs of alteration, adulteration, or substitution. The




                                                41
sample will be placed in a secure mailing container. The employee will be asked to complete a
chain-of-custody form to accompany the sample to a laboratory selected by the city to perform the
analysis on collected urine samples.

I.     DRUG-ABUSE TESTING LABORATORY STANDARDS AND PROCEDURES

All collected urine samples will be sent to a laboratory that is certified and monitored by the
federal Department of Health and Human Services (DHHS).

The Omnibus Act requires that drug-testing procedures include split specimen procedures. Each
urine specimen is divided into two bottles labeled as a Aprimary@ and a Asplit@ specimen. Both
bottles are sent to a laboratory. Only the primary specimen is opened and used for the urinalysis.
The split specimen bottle remains sealed and is stored at the laboratory. If the analysis of the
primary specimen confirms the presence of drugs, the employee has 72 hours to request sending
the split specimen to another federal Department of Health and Human Services (DHHS) certified
laboratory for analysis. The employee will be required to pay for his or her split specimen test(s).

For the applicant/employee=s protection, the results of the analysis will be confidential unless the
test results are positive, in which case the positive test results shall be released to the city=s
medical review officer (MRO) and, if verified by the MRO, to the city recorder.

J.     REPORTING AND REVIEWING

The city shall designate a medical review officer (MRO) to receive, report, and file any and all
testing information transmitted by the laboratory. This person shall be a licensed health care
provider with knowledge of substance abuse disorders.

The laboratory shall report test results only to the designated MRO, who will review them in
accordance with accepted guidelines and the procedures adopted by the city.

Reports from the laboratory to the MRO shall be in writing. The MRO may talk with the
applicant/employee by telephone upon exchange of acceptable identification.

The testing laboratory, collection site personnel, and MRO shall maintain security over all
the testing data and limit access to verified positive test results to the city recorder.

Neither the city, the laboratory, nor the MRO shall disclose any drug test results to any other
person except under written authorization from the affected applicant/employee, unless such
results are necessary in the process of resolution of accident/incident investigations, requested
by court order, or required to be released to parties (i.e., DOT, the Tennessee Department of
Labor, etc.) having a legitimate right-to-know as determined by the city attorney.

The city shall not engage in Astand-down,@ the practice of temporarily removing an
employee from the performance of duty based only on a report from a laboratory to the MRO of a


                                                42
confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test,
before the MRO has completed verification of the test result.

K.     ALCOHOL ABUSE TESTING

An applicant or employee must carry and present a current and recent photo ID to appropriate
personnel during alcohol abuse testing. Failure to present a photo ID is equivalent to refusing to
take the alcohol abuse test. Employees and applicants may be required to submit to alcohol abuse
testing under the following separate conditions:

1.     Post-Accident/Post-Incident Testing

       Following any workplace accident/incident determined by supervisory personnel
       of the city to have resulted in significant property or environmental damage or in
       significant personal injury, including but not limited to a human fatality or human
       injury requiring medical treatment, each employee whose performance either
       contributed to the accident/incident or whose performance cannot be ruled out as a
       contributing factor to the accident/incident and/or who is reasonably suspected of
       possible alcohol use as determined during a routine post-accident/post-incident
       investigation and/or who receives a citation for a moving violation arising from the
       accident shall be required to undergo post-accident/post-incident alcohol abuse
       testing.

       Post-accident/post-incident alcohol abuse testing shall be carried out as soon as
       possible but within two hours following the accident/incident.

2.     Post-Accident/Post-Incident Testing for Ambulatory Employees

       Following all workplace accidents/incidents where alcohol testing is to be
       performed, unless otherwise specified by the department head, affected employees
       who are ambulatory will be taken by a supervisor or designated personnel of the
       city to the designated breath alcohol test site for a breath alcohol test as soon as
       possible but within two (2) hours following the accident/incident. No employee
       whose involvement has not been ruled out as a contributing factor in the
       accident/incident shall consume alcohol prior to completing the
       post-accident/post-incident alcohol abuse testing procedures.

       No employee shall delay his or her appearance at the designated collection site(s)
       for post-accident/post-incident testing. Any unreasonable delay in appearing for




                                                 43
     alcohol testing shall be considered a refusal to cooperate with the substance abuse
     program of the city and shall result in disciplinary action up to and including
     dismissal.

3.   Post-Accident/Post-Incident Testing for Non-Ambulatory Employees

     An affected employee who is seriously injured, non-ambulatory, and/or under
     professional medical care following a significant accident/incident shall consent to
     the obtaining of specimens for alcohol testing by qualified, licensed attending
     medical personnel and consent to specimen testing. Consent shall also be given
     for the attending medical personnel and/or medical facility (including hospitals) to
     release to the city recorder appropriate and necessary information or records that
     would indicate only whether alcohol (and what amount) was found in the
     employee=s body. Consent shall be granted by each employee at the
     implementation date of the substance abuse policy of the city or upon hiring
     following the implementation date.

     Post-accident/post-incident breath alcohol consent and testing may be impossible
     for unconscious, seriously injured, or hospitalized employees. If this is the case,
     certified or licensed attending medical personnel shall take and have analyzed
     appropriate specimens to determine if alcohol was present in the employee=s body.
     Only an accepted method for collecting specimens will be used. Any failure to
     perform post-accident/post-incident testing within two hours must be fully
     documented by the attending medical personnel.

4.   Testing Based on Reasonable Suspicion

     Alcohol abuse testing is required for each employee whenever there is reasonable
     suspicion to believe the employee is using or is under the influence of alcohol.

     The decision to test for reasonable suspicion must be based on a reasonable and
     articulate belief that the employee is using or is under the influence of alcohol.
     This belief should be based on recent, physical, behavioral, or performance
     indicators of possible alcohol use. One supervisor who has received alcohol
     detection training that complies with DOT regulations must make the decision to
     test and must observe the employee=s suspicious behavior, and shall take or may
     designate someone else to take the employee to the testing site.

     Supervisory personnel of the city making a determination to subject any employee
     to alcohol testing based on reasonable suspicion shall document their specific
     reasons and observations in writing to the personnel director within eight (8) hours
     of the decision to test and before the results of the tests are received by the
     department.
5.   Random Testing


                                             44
The following employees of the city are subject to random alcohol abuse testing:

       a.      those employees required to have a commercial driver=s license (CDL) in
               order to perform any functions of their city job;

       b.      suppression personnel of the fire department;

       c.      sworn personnel of the police department;

       d.      those employees who are otherwise considered by the personnel
               director to work in a safety-sensitive position; and all other
               municipal employees.

Employees selected for random alcohol abuse testing are to proceed to the testing site immediately
upon notification or as soon as feasible thereafter, as directed by their supervisor.
Random alcohol abuse testing dates will be unannounced with unpredictable frequency. Some
employees may be tested more than once each year while others may not be tested at all, depending
upon the random selection.

If an employee is unavailable (e.g., on vacation leave, sick leave, out of city, work-related causes,
etc.) to be tested on the date random alcohol abuse testing occurs, the city may omit that employee
from that random testing or await the employee=s return to work.

6.     Return-to-Duty and Follow-Up Alcohol Abuse Testing

Prior to returning to work for the city, any employee who has violated the prohibited alcohol
conduct standards:

       a.      must submit to a return-to-duty alcohol abuse test that produces a
               negative alcohol screen result;

       b.      must be referred to the substance abuse professional of the city;

       c.      must be assessed by the SAP of the city; and

       d.      must, to the satisfaction of the SAP, comply or be in the process of
               complying with all recommendations of the SAP.

Follow-up alcohol abuse tests will be unannounced, and at least six alcohol abuse tests will be
conducted in the first twelve (12) months after such an employee returns to duty. Follow-up




                                                 45
alcohol abuse testing may be extended for up to 60 months following return to duty. In this case,
the employee will be required to pay for his or her return-to-duty and follow-up alcohol abuse tests
accordingly.

Return-to-duty alcohol abuse testing that produces a negative alcohol screen result will also be
required of all employees who are returning from leave or special assignment in excess of six (6)
months. In this situation, the employee will not be required to pay for the drug abuse testing.

L.     ALCOHOL TESTING PROCEDURES

All breath alcohol testing conducted pursuant to this substance abuse policy shall be performed
using evidential breath testing (EBT) equipment and personnel approved by the National Highway
Traffic Safety Administration (NHTSA). (Note: The city=s police department is not permitted
to perform this testing unless the test is required because of a traffic accident/incident.)

Alcohol testing is to be performed by a qualified technician as follows:

1.     Step One:

       An initial breath alcohol test will be performed using a breath alcohol analysis
       device approved by the National Highway Traffic Safety Administration
       (NHTSA). If the measured result is less than 0.02 breath alcohol level (BAL), the
       test shall be considered negative and the testing shall terminate. If the result is
       0.02 BAL or greater, the result shall be recorded and witnessed, and the test shall
       proceed to Step Two.

2.     Step Two:

       Fifteen minutes shall be allowed to pass following the completion of Step One
       above. Before the confirmation test or Step Two is administered for each
       employee, the breath alcohol technician shall insure that the evidential
       breath-testing device registers 0.00 BAL on an air blank. If the reading is greater
       than 0.00 BAL, the breath alcohol technician shall conduct one more air blank. If
       the reading is greater than 0.00 BAL, testing shall not proceed using that
       instrument. However, testing may proceed on another instrument. Then Step
       One shall be repeated using a new mouthpiece and either the same or equivalent but
       different breath analysis device.

       The breath alcohol level detected in Step Two shall be recorded and witnessed.

If the lower of the breath alcohol measurements in Step One and Step Two is 0.04 BAL or greater,
then the employee shall be considered to have failed the breath alcohol test, and he or she shall
immediately be suspended from duty without pay for a minimum of 24 hours and referred to the
substance abuse professional (SAP) of the city. Prior to returning to work for the city, such an


                                                46
employee must be assessed by the city=s SAP and must, to the satisfaction of the SAP, comply or
be in the process of complying with all recommendations of the SAP, and must be retested by
breath analysis and found to have a BAL of less than 0.02. Failure of the breath alcohol test shall
result in disciplinary action by proper officials of the city up to and including dismissal.

If the lower of the breath alcohol measurements in Step One and Step Two is 0.02 BAL or greater
but less than 0.04 BAL, then the employee shall immediately be suspended from duty without pay
for a minimum of 24 hours. In this situation, the employee must be retested by breath analysis
and found to have a BAL of less than 0.02 before returning to duty with the city and may be subject
to disciplinary action.

All breath alcohol test results shall be recorded by the technician and shall be witnessed by the
tested employee and by a supervisory employee of the city, when possible.

The completed breath alcohol test form shall be submitted to the personnel director and, if the
result was 0.04 BAL or greater, then also to the SAP.

M.     SUBSTANCE ABUSE EDUCATION AND TRAINING

1.     Supervisory Personnel Who Will Determine Reasonable Suspicion Testing

       Training of supervisory personnel who will determine whether an employee must
       be tested based on reasonable suspicion is to include at a minimum two 60-minute
       periods of training on the specific, contemporaneous, physical, behavioral, and
       performance indicators of both probable drug use and alcohol use. One 60-minute
       period shall focus on recognizing reasonable indicators of drug abuse, and one shall
       focus on recognizing reasonable indicators of alcohol abuse.

       The city will sponsor a drug-free awareness program for all employees.

2.     Distribution of Information

       The minimal distribution of information for all employees will include the display
       and distribution of:

       a.      informational material on the effects of drug and alcohol abuse;

       b.      an existing community services substance abuse hotline number,
               available drug and alcohol abuse counseling, substance abuse
               rehabilitation, and employee assistance programs for substance
               abuse;

       c.      the city policy regarding the use of prohibited drugs and/or alcohol;
               and


                                                47
       d.      the penalties that may be imposed upon employees for substance
               abuse violations occurring in the workplace.

 N.    CONSEQUENCES OF A VERIFIED POSITIVE DRUG TEST RESULT, A
       CONFIRMED POSITIVE ALCOHOL TEST RESULT, AND/OR REFUSAL TO TEST

Job applicants will be denied employment with the city and any conditional offer of employment
will be rescinded if their pre-employment drug test results have been verified by the city=s medical
review officer (MRO) as positive or if they refuse to submit to a pre-employment test for drug
abuse.

If a current employee fails a test for alcohol (0.04 BAL or greater), or if a current employee=s
positive drug test result has been verified by the city=s medical review officer (MRO), or if a
current employee refuses to test for drugs and/or alcohol, then that employee must be referred to
the substance abuse of the city. Prior to returning to work for the city, such an employee must be
assessed by the city=s SAP, must, to the satisfaction of the SAP, comply or be in the process of
complying with all recommendations of the SAP, and must submit to return-to-duty substance
abuse testing that produces a verified negative result.

If a current employee tests positive for alcohol (0.02 BAL or greater), or if a current employee=s
positive drug test result has been verified by the city=s medical review officer (MRO), or if a
current employee refuses to test for drugs and/or alcohol, then that employee is subject to
immediate removal from any safety-sensitive function and may be subject to disciplinary action up
to and including dismissal. Factors to be considered in determining the appropriate disciplinary
response include: the employee=s work history, length of employment, current work assignment,
current job performance, and existence of past disciplinary actions. The city may choose to allow
employees to participate in an education and/or treatment program approved by the city=s
Employee Assistance Program as an alternative to or in addition to disciplinary action. If such a
program is offered and accepted by the employee, then the employee must satisfactorily
participate in and complete the program as a condition of continued employment.

Refusing to submit to an alcohol or controlled substances test means that the employee: (1) fails
to provide adequate breath for testing without a valid medical explanation after he or she has
received notice of the requirement for breath testing in accordance with the provisions of this
policy; (2) fails to provide an adequate urine specimen or sample for controlled substances testing
without a valid medical explanation after he or she has received notice of the requirement for urine
testing in accordance with the provisions of this policy; or (3) engages in conduct that clearly
obstructs the testing process. In any case the health care provider or breath alcohol technician
shall provide a written statement to the city explaining the refusal to test.

O.     VOLUNTARY DISCLOSURE OF DRUG AND/OR ALCOHOL USE

In the event that an employee is either dependent upon or an abuser of drugs and/or alcohol and
sincerely wishes to seek professional medical care, then that employee should voluntarily discuss


                                                48
his or her problem with the respective department head in private. Such voluntary desire for help
with a substance abuse problem will be honored by the city. If substance abuse treatment is
required, the employee will be removed from duty and put on leave pending completion of the
treatment. Voluntary disclosure must occur before an employee is notified of or otherwise
becomes subject to a pending drug and/or alcohol test.

Affected employees of the city are entitled to up to 30 consecutive calendar days for initial
substance abuse treatment, provided, however, that the employee must use all vacation leave, sick
leave, and compensatory leave available. In the event accumulated vacation leave, sick leave,
and compensatory leave is insufficient to provide the medically prescribed and needed treatment
for up to a maximum of 30 consecutive calendar days, the employee will be provided leave
without pay for the difference between the amount of accumulated leave and the number of days
prescribed and needed for treatment up to the maximum 30-day treatment period. Any leave used
for this purpose shall be considered family and medical leave pursuant to the Family and Medical
Leave Act.

No disciplinary action may be taken pursuant to this substance abuse policy against employees
who voluntarily identify themselves as drug or alcohol abusers, obtain counseling and
rehabilitation through the city=s Employee Assistance Program or other program sanctioned by
the city, and thereafter refrain from violating the city=s policy on drug and alcohol abuse.
However, voluntary identification will not prohibit disciplinary action for the violation of other
aspects of the city=s personnel policies and procedures.

Prior to any return-to-duty consideration of an employee following voluntary substance abuse
treatment, the employee shall provide the personnel director with a written statement from the
substance abuse professional of the city that indicates satisfactory compliance, or satisfactory
progress toward compliance, with the recommendations of the SAP. The SAP may suggest
conditions of reinstatement of the employee that may include after-care and return-to-duty and/or
random drug and alcohol follow-up testing requirements. The respective department head and
the personnel director of the city will consider each case individually and set forth final conditions
of reinstatement to active duty. These conditions of reinstatement must be met by the employee.
Failure of the employee to complete treatment or follow after-care conditions, or subsequent
failure of any drug or alcohol test under this policy will result in disciplinary action up to and
including dismissal.

These provisions apply to voluntary disclosure of a substance abuse problem by a current
employee. Voluntary disclosure provisions do not apply to applicants.




                                                 49
P.     MODIFICATION OF POLICY

This statement of policy may be revised by the city at any time to comply with applicable federal
and state regulations that may be implemented, to comply with judicial rulings, or to meet any
changes in the work environment or changes in the drug and alcohol testing policy of the city.


Section VII.           Sexual Harassment Policy
A.     GENERAL

The City of Algood will not tolerate sexual harassment of its employees. The city has adopted
this policy on sexual harassment to try to prevent sexual harassment from occurring in the
workplace, and will take immediate, positive steps to stop such harassment when it occurs.

This policy applies to all officers and employees of the city, including but not limited to all elected
officials of the city; all officers and appointees of the city; all members of boards, commissions
and committees of the city; and all categories of other employees identified and described in these
personnel policies and procedures; and any other individuals while they are working under
contract or other agreement, expressed or implied, for the city.

B.     PROHIBITED ACTIONS AND BEHAVIORS

The following actions and behaviors constitute sexual harassment and, as such, are an unlawful
employment practice and are absolutely prohibited by the city when they affect employment
decisions, create a hostile job environment, cause distractions, or unreasonably interfere with work
performance:

       1.      Sexual advances;

       2.      Requests for sexual favors;

       3.      Verbal or physical conduct of a sexual nature in the form of
               pinching, grabbing, patting, or propositioning; and

       4.      Explicit or implied job threats or promises in return for submission
               to sexual favors;

An employee who believes he or she is or has been subjected to sexual harassment should
immediately contact a city official (listed below) with whom the employee feels the most
comfortable. Complaints may be spoken or made in writing to the employee=s immediate




                                                 50
supervisor, the employee=s department head, the city recorder, city attorney, the city
administrator, and/or the city council. The harassment complaint form may be used but is not
required.

Employees have the right to circumvent the employee chain-of-command when selecting the
person to whom to make the complaint about sexual harassment.

At the time of making a complaint, the employee should be prepared to provide the following
information in writing, with the assistance if necessary of the person to whom the complaint is
being made:

       1.      his or her own name, department, and position title;

       2.      the name of the person or people allegedly committing the sexual
               harassment, including their title(s), if known;

       3.      the specific nature of the alleged sexual harassment, when and
               where it took place, and how long it has gone on;

       4.      any employment action (demotion, failure to promote, dismissal,
               refusal to hire, transfer, etc.) taken against the employee that may be
               related to the alleged harassment, or any other threats made against
               the employee that may be related to the alleged harassment;

       5.      any witnesses to the alleged harassment; and

       6.      whether the employee has previously reported the alleged
               harassment and, if so, when and to whom.

C.     REPORTING AND INVESTIGATING SEXUAL HARASSMENT COMPLAINT

The city recorder is the person the city designates as the investigator of sexual harassment
complaints against employees. In the event the sexual harassment complaint is against the city
recorder, the investigator shall be the city attorney.

Throughout the sexual harassment procedure, whenever a specific number of city business days
are allowed to respond to a complaint of sexual harassment or to an investigation report on a
complaint of sexual harassment, then the Acity business days@ in question shall be those normal to
the person responsible for the next action. For these purposes, Acity business days@ do not
include days on which that person is either on authorized leave or out of city on city business.

When an allegation of sexual harassment is made by any employee, the person to whom the
complaint is made shall immediately forward the written complaint to the investigator.
The investigator then shall:


                                                 51
1.   Conduct a thorough investigation of the complaint, including at a minimum
     interviewing the person complaining of sexual harassment, the person against
     whom the complaint of sexual harassment was made, any witnesses to the alleged
     harassment, and any other persons who may have information pertinent to the
     allegation of sexual harassment;

2.   Make and keep a written record of the investigation, including notes on:

     a.     responses made to the investigator by the person complaining of
            sexual harassment;

     b.     responses made to the investigator by the person against whom the
            complaint of sexual harassment was made;

     c.     responses made to the investigator by witnesses interviewed during
            the investigation; and

     d.     responses made to the investigator by any other person contacted by
            the investigator in connection with the investigation;

3.   Within five (5) city business days of receiving the complaint, prepare and present
     the findings of the investigation to the City Administrator (or, if the complaint is
     against the City Administrator, then to the city attorney) in a report, which will
     include:

     a.     the original complaint and any additional written statement of the
            person complaining of sexual harassment,

     b.     any written statement(s) of the person against whom the complaint
            of sexual harassment was made,

     c.     any written statements of witnesses,

     d.     any written statements of any other person contacted by the
            investigator in connection with the investigation, and

     e.     all of the investigator=s notes connected to the investigation.




                                              52
D.     ACTION ON COMPLAINTS OF SEXUAL HARASSMENT

Upon receiving an investigation report of a sexual harassment complaint, the City Administrator
or city attorney shall immediately review the report. If the City Administrator or city attorney
determines that the report is not complete in some respect, he or she may question the person
complaining of sexual harassment, the person against whom the complaint has been made,
witnesses to the conduct in question, or any other person who may have knowledge about the
alleged harassment.

Based upon the report and his or her own investigation (if a separate investigation is made), the
City Administrator or city attorney shall, within five (5) city business days of receiving the
investigation report, determine whether the conduct in question constitutes sexual harassment. In
making that determination, the City Administrator or city attorney shall look at the record as a
whole and at the totality of circumstances, including the nature of the conduct, the context in which
the alleged actions occurred, and the behavior of the person complaining. Whether sexual
harassment took place will be determined on a case-by-case basis.

If the City Administrator determines that the harassment complaint is founded, he or she shall take
immediate and appropriate disciplinary action against the offending employee, consistent with his
or her authority under the charter, ordinances, resolutions, and these policies and procedures
governing his or her authority to discipline employees.

In the event the complaint of sexual harassment is against the City Administrator, then the city
attorney shall serve in place of the City Administrator in the context of reviewing the report of the
investigation, and shall advise the board of aldermen on what if any disciplinary action should be
taken against the City Administrator.

The disciplinary action shall be consistent with the nature and severity of the offense, the
employee=s rank, and any other factors relevant to the fair and efficient administration of the city.
This includes, but is not limited to, the effect of the offense on employee morale, public perception
of the offense, and the light in which it casts the city. The disciplinary action may include
demotion, suspension, dismissal, warning, or reprimand. Determining the level of disciplinary
action shall be made on a case-by-case basis. A written record shall be kept of imposed
disciplinary actions, including reprimands.

In all events, an employee against whom a complaint of sexual harassment has been made shall be
warned not to retaliate in any way against the person making the complaint, witnesses, or any other
person connected with the investigation, or else risk being disciplined for taking any such
retaliation.

In cases where sexual harassment is committed by a non-employee against an employee in the
workplace, the City Administrator shall take whatever lawful action is necessary against the
non-employee to bring the sexual harassment to an immediate end.
E.      OBLIGATION OF EMPLOYEE


                                                 53
Employees are not only encouraged to report instances of sexual harassment, they are obligated to
report them.

Employees are also obligated to cooperate in every harassment investigation. The obligation
includes, but is not necessarily limited to, coming forward with evidence about a person accused of
such conduct, fully and truthfully making written reports, and answering questions when required
to do so by an investigator.

Employees are also obligated to refrain from making frivolous accusations of sexual harassment in
bad faith.

Disciplinary action may be taken against employees who fail to report instances of sexual
harassment, fail or refuse to cooperate in the sexual harassment investigation, or file a frivolous
complaint of sexual harassment in bad faith.


Section VIII.          Miscellaneous Personnel Policies
A.     USE OF INTERNET AND ELECTRONIC MAIL

I.     POLICY:

       A.      It is the policy of the City of Algood, Tennessee, that all employees having
               global Internet access and e-mail privileges shall use such access only for
               official work in full compliance with this policy and the policies of the city.
               Each user must be aware of the risks related to Internet access and e-mail
               which cannot be eliminated but may only be managed through the exercise
               of prudence and caution.

II.    PROCEDURES:

       A.      Use of the Internet/E-Mail - Employees must be individually authorized to
               use the Internet and/or E-Mail before doing so during working hours or
               while using any city equipment. No employee will be so authorized by the
               city until the employee has signed the Internet Use form.

       B.      No e-mail messages sent or received on city computers is personal or
               private; each is the property of the City of Algood, Tennessee. E-mail
               messages can be copied, distributed, discovered in litigation and used in
               disciplinary proceedings even if deleted by the recipient. Users have no
               expectation of privacy as to any e-mail message at any time.
       C.      Principles of Acceptable Internet and Computer System Use.

               1.      Use must be for legitimate work-related purposes only.


                                                 54
     2.     Users shall respect the legal protections afforded by
            copyright and license laws for programs and data.

D.   Unacceptable Use of the Internet, E-mail, and the city=s Computer System.

     1.     Users shall respect the integrity of the city=s computing
            system and shall not use it for unacceptable purposes or in an
            unacceptable manner as described below. It is
            unacceptable for a user to use, submit, publish, display, or
            transmit on the Internet, or any part of the city=s computer
            system, any information which;

            a.      Uses the system for any illegal purpose;

            b.      Contains defamatory, false, inaccurate, abusive,
                    obscene, pornographic, profane, sexually oriented,
                    threatening, racially offensive, or otherwise biased,
                    discriminatory, or illegal material, whether in the
                    form of a Ajoke@ or otherwise;

            c.      Violates or infringes on the rights of any
                    other person, including the right to privacy;
                    or,

            d.      Modify files or data belonging to other users without explicit
                    permission to do so.

     2.     No user, shall have authority to subscribe to any service for
            which a fee is charged unless approved by the City
            Administrator.

     3.     Users shall not use or develop programs that harass other
            users or infiltrate a computer or computing system or which
            seek to alter or damage the software components of a
            computer or computing system.

E.   Personal Use: The prohibitions in this policy shall also not be construed to
     prohibit infrequent and brief use of the system for incidental personal




                                     55
               matters by an employee during a meal or other personal break time. This is
               similar to an employee=s limited ability to make a personal telephone call
               on personal time.

               For example, an employee may spend a minute or two looking at the
               weather radar online provided, however, in no event shall any such limited
               personal use include any activity otherwise prohibited by this policy, e.g.,
               visiting a sexually explicit site.

       F.      No Right of Privacy - Monitoring.

               1.     Pursuant to the Electronic Communications Act of 1986, 18
                      U.S.C. 2510 et seq., notice is hereby given that there are no
                      facilities provided by the city and its system for sending or
                      receiving private or confidential electronic communications.

               2.     Electronic mail, whether sent via the internet or internally,
                      may be a public record subject to public disclosure under the
                      Tennessee Public Records Law and may be inspected by the
                      public (TCA 10-7-512).

B.     USE OF MUNICIPAL TIME, FACILITIES, ETC.

No employee of the City of Algood shall use or authorize the use of municipal time, facilities,
equipment, or supplies for private gain or advantage to oneself or any other private person or
group.

C.     POLITICAL ACTIVITY

**NOTE** - Nothing in this section is intended to prohibit any municipal government employee
from privately expressing his/her political views or from casting his/her vote in all elections.

       In elections for municipal offices - No municipal government employee, whether
       on or off duty, whether in or out of uniform, and whether on or off city property,
       shall at any time or any place:

               (1) become a candidate for or campaign for an elective municipal
               government office; (2) directly or indirectly solicit, receive, collect,
               handle, disburse, or account for assessments, contributions, or other
               funds for a candidate for municipal government; (3) organize, sell
               tickets to, promote, or actively participate in a fund-raising activity
               of a candidate for municipal government office; (4) take an active
               part in managing the political campaign for a candidate for
               municipal government office; (5) solicit votes in support of or in


                                                 56
               opposition to a candidate for municipal government office; (6) act as
               a clerk, watcher, challenger, or similar officer at the polls on behalf
               of a candidate for municipal government office; (7) drive voters to
               the polls on behalf of a candidate for municipal government office;
               (8) endorse or oppose a candidate for municipal government office
               in a political advertisement, broadcast, campaign literature, or
               similar material; (9) address a rally or similar gathering of the
               supporters of opponents of a candidate for municipal government
               office; (10) initiate or circulate a nominating petition for a candidate
               for municipal government office; (11) wear campaign buttons, pins,
               hats, or other similar attachment, or distribute campaign literature in
               supporting or opposing a candidate for city office.

       In all other elections for public office - Municipal government employees shall
       enjoy the same rights of other citizens of Tennessee to be a candidate for any
       county, state, or federal political office , the right to participate in political activities
       by supporting or opposing political parties, political candidates, and petitions to
       governmental entities. The City of Algood is not required to pay the employee=s
       salary for work not performed for the municipality.

       (Note - T.C.A. 38-8-350 prohibits law enforcement officers from engaging in
       political activities, supporting or opposing any candidate, party, or measure in any
       election when on duty or acting in such officer's official capacity.)

D.     SOLICITATION

The city believes that its employees should not be exposed to frequent solicitations for charitable
purposes. Therefore, solicitation shall be limited to as few visits as necessary during the course of
the year. Any solicitation of employees must be approved by the Board.

E.     PERSONAL TELEPHONE CALLS

Using the office telephone during regular work hours for local and/or long-distance personal calls,
except in emergency cases, is discouraged.

F.     PARKING

Parking is generally provided for municipal government employees. Employees working in
congested areas where parking is scarce should try to pool their transportation. The municipality
does not assume responsibility for loss of time or damage to employee vehicles or their contents.
G.     LOCKERS

Lockers are the property of the municipality and may be inspected at any time without notice as
there may be no expectation of privacy in such property. Employee-assigned lockers (that are
locked by the employee) are also subject to inspection after reasonable advance notice, unless such

                                                   57
notice is waived by the City Administrator.

H.     INFECTIOUS DISEASE CONTROL POLICY

In providing municipal services, employees may come into contact with life-threatening infectious
diseases that can be transmitted through job-related activities. It is important that both citizens
and employees are protected from the transmission of diseases just as it is equally important that
neither is discriminated against because of misconceptions about various diseases and illnesses.
For these purposes, the city will have information available regarding the potential exposure to
infectious diseases.

I.     GARNISHMENT

An employee who is garnished for more than one indebtedness within a 12-month period may be
subject to termination.

J.     BULLETIN BOARDS

At numerous locations, the city may maintain bulletin boards on which important information
connected with an employee's work is posted from time to time. Cooperation is needed in
protecting the posted material. All material to be placed on the bulletin boards must be approved
by the appropriate supervisor before it is posted.

K.     LOST AND FOUND ARTICLES

The Chief of Police shall act as a clearinghouse for lost and found personal property. Lost articles
should be turned in and/or reported as soon as possible.

L.     TRIP REIMBURSEMENT

All trips that involve reimbursement and/or municipal government expense shall not be
undertaken without prior approval of the City Administrator. Mileage shall be reimbursed at a
rate of $.32 per mile. Food reimbursement shall be at a rate of up to $34 per day.




                                                58
M.     USE OF CITY VEHICLES AND EQUIPMENT

All city vehicles and equipment are for official use only. No person other than a city employee
may operate a city vehicle or piece of machinery. Drivers and/or operators must have a valid
Tennessee driver's license and be approved by the department head.


Section IX.           Separations and Disciplinary Actions
A.     TYPES OF SEPARATIONS

All separations of employees from city positions shall be designated as one of the following types
and shall be accomplished in the manner indicated: resignation, layoff, death, retirement,
dismissal, and the inability to perform the essential job functions with or without a reasonable
accommodation due to a disability. At the time of separation and prior to final payment, all
records, assets, and other items of city property in the employee's custody must be transferred to
the department. Any amount due because of shortages shall be withheld from the employee's
final compensation.

1.     Resignation - In the event an employee decides to leave the municipal
       government's employ, a week=s notice shall be given to his/her supervisor so that
       arrangements for a replacement can be made. In such a case, employees will be
       expected to return any or all municipal government equipment assigned. An
       unauthorized absence from work for a period of three consecutive working days
       may be considered by the department head as a resignation. If a former employee
       returns to municipal government employment, his/her status of seniority, pay,
       leave, etc., will be the same as any new employee beginning work for the first time.

2.     Layoff - The department head, upon approval from the City Administrator, may lay
       off an employee in the municipal government service when he/she deems it
       necessary by reason of shortage of funds, the abolition of a position, or other
       material changes in the duties or organization of the employee's position, or for
       related reasons that are outside the employer's control and that do not reflect
       discredit upon the employee's service. Temporary employees shall be laid
       offbefore probationary or regular employees. The order of layoff shall be in
       reverse order to total continuous time served upon the date established for the
       layoff to become effective.

3.     Disability - An employee may be separated for disability when he/she cannot
       perform the essential functions of the job because of physical or mental impairment
       that cannot be accommodated without undue hardship or because the disability
       poses a direct threat to the health and safety of others. A reasonable
       accommodation may include transfer to a comparable position for which the
       individual is qualified. Action may be initiated by the employee or the


                                               59
       municipality, but in all cases it must be supported by medical evidence acceptable
       to the City Administrator and the disability must prevent the employee from
       performing the essential functions of the job. The municipal government may
       require an examination at its expense to be performed by a licensed physician of its
       choice.

4.     Retirement - Whenever an employee meets the conditions set forth in the
       retirement system's regulations, he/she may elect to retire and receive all benefits
       earned under the appropriate retirement system.

5.     Death - Separation shall be effective as of the date of death of an employee. All
       compensation due in accordance with these rules shall be paid to the estate of the
       employee, except for such sums as by law must be paid to the surviving spouse.

6.     Dismissal - - At-Will Employment - Employees of the City of Algood have no
       rights to continued employment with the city. Employees may be dismissed for
       cause, for no cause, for any cause as long as it does not violate federal and state law.

B.     DISCIPLINARY ACTION

Progressive discipline is not an option available to city employees. Employees of the city have no
rights to continued employment. Employees may be dismissed for cause, for no cause, for any
cause as long as it does not violate federal and state law.

1.     At-will Employment - Employees with concerns about their treatment should
       talk with their supervisor. However, city employees have no rights to continued
       employment with the city. Employees may be dismissed for cause, for no cause,
       for any cause as long as it does not violate federal and state law.

C.     GRIEVANCE PROCESS

I.     POLICY:

       A.      A Agrievance@ shall mean a claim or dispute by an employee with respect
               to the interpretation, meaning or application of the provisions of the city=s
               policies and procedures.




                                                 60
           It is the policy of the City of Algood to afford all employees a means of
           obtaining further consideration of problems when they remain unresolved
           at the supervisory level, and to establish policies and procedures that
           provide for timely resolution of grievances.

           Strict adherence to the procedures outlined below is mandatory for all
           concerned, except that time limits may be extended for good cause shown
           unless other procedures are provided by Federal or state law regulations.

           Every attempt will be made to resolve the grievance to the mutual
           satisfaction of the employee and the city.

II.   PROCEDURES:

      A.   An employee must present a grievance within ten (10) working days of its
           alleged occurrence to the employee=s immediate supervisor and
           department head, who shall attempt to resolve it within five (5) working
           days after it is presented to them.

      B.   If the employee is not satisfied with the solution by the department head, the
           employee must submit the grievance, in writing, to the City
           Administrator=s office within twenty (20) working days of the alleged
           occurrence. This written notice shall include the following:

           1.     Statement of the grievance and relevant facts.
           2.     Remedy sought.
           3.     Reasons for dissatisfaction with the department head=s
                  solution.

           The City Administrator shall attempt to resolve the grievance within five
           (5) working days after it has been presented to him/her. The City
           Administrator is the final authority within the city on grievances presented
           by non-represented employees.

           No part of the above procedure shall be in conflict or violation of RCW
           41.56.080 or other state or Federal laws and regulations.

           Questions or requests for additional guidance concerning procedural or
           substantial matters relating to the grievance should be directed to the City
           Administrator=s office.

           No punitive action shall be carried out against the employee for utilizing the
           grievance procedure outlined above.



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