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PERSONNEL RULES AND REGULATIONS

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					                           POLICY MANUAL




Town of Jackson, Wyoming        page 1     Policy Manual April 2009
Town of Jackson, Wyoming   page 2   Policy Manual April 2009
                           - DISCLAIMER -

THIS HANDBOOK IS INTENDED AS A GUIDE FOR THE
EFFICIENT AND PROFESSIONAL PERFORMANCE OF YOUR
JOB. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED
TO BE A CONTRACT BETWEEN THE TOWN OF JACKSON AND
THE EMPLOYEE. ADDITIONALLY, THIS HANDBOOK IS NOT
TO BE CONSTRUED BY ANY EMPLOYEE AS CONTAINING
BINDING TERMS AND CONDITIONS OF EMPLOYMENT.THE
TOWN OF JACKSON RETAINS THE ABSOLUTE RIGHT TO
TERMINATE ANY EMPLOYEE, AT ANY TIME, WITH OR
WITHOUT CAUSE. MANAGEMENT RETAINS THE RIGHT TO
CHANGE THE CONTENTS OF THIS HANDBOOK AS IT DEEMS
NECESSARY, WITH OR WITHOUT NOTICE. EMPLOYMENT IS
ON AN AT-WILL BASIS.




Town of Jackson, Wyoming         page 3     Policy Manual April 2009
                                       TABLE OF CONTENTS


Disclaimer                                                 3

Section 1 - Purpose, Mission and Values                    9
101. Town of Jackson Purpose and Mission                   9
102. Town of Jackson Values                                11

Section 2 - Introduction                                   13
201. Introductory Statement                                13
202. Employment At Will                                    13
203. Purpose                                               14
204. Gender                                                14
205. Coverage                                              14
206. Responsibility of Town Council                        14
207. Responsibility of Town Manager                        14
208. Responsibility of Town Attorney                       15
209. Responsibility of Department Directors                15
210. Adoption and Amendment of Personnel Policies          15
211. Availability                                          16

Section 3 – Definitions                                    17
300. Definitions                                           17

Section 4 – Recruitment and Selection Standards            21
401. Equal Employment Opportunity Statement                21
402. Posting of Vacancies                                  21
403. Applications                                          21
404. Notice of Vacancies to Current Employees              21
405. Recruitment                                           21
406. Nepotism                                              22
407. Application Reserve File                              22
408. Determination of a Candidate’s Ineligibility          22
409. Residency Requirement                                 23
410. Medical and Psychological Examination                 23
411. Pre-Employment Drug Test                              23
412. Department of Transportation (DOT) Physical Exam      23
413. Polygraph Examination                                 23
414. Background Review                                     24
415. Identification                                        24
416. Appointment                                           24

Section 5 – Employee Performance, Classification and Pay   25
501. Performance Reviews                                   25
502. Performance Management System                         25
503. Promotion                                             25
504. Demotion                                              25
505. Reassignment                                          25
Town of Jackson, Wyoming                         page 4         Policy Manual April 2009
506.   Classification Plan                               25
507.   Classification Plan Amendment                     26
508.   The Pay Plan                                      26
509.   Salary and PTO on Reinstatement                   26
510.   Salary After Transfer                             26
511.   Salary After Promotion                            26
512.   Salary After Demotion                             27
513.   Payment for Temporary Adjustment                  27
514.   Pay for Part-Time Work                            27
515.   Preparation of Payroll                            27
516.   Payroll Deductions                                27
517.   Termination Pay                                   27
518.   Pay Changes Outside the Pay Plan                  28

Section 6 – Conditions of Employment                     29
601. Employment At Will                                  29
602. Employee Ethics                                     29
603. Discrimination and Harassment                       29
604. Workplace Violence                                  30
605. Work Schedule                                       31
606. Days Off                                            32
607. Use of Town Property                                32
608. Vehicle Policy                                      33
609. Network and Computer Use                            37
610. Cell Phone Policy                                   38
611. Political Activity                                  40
612. Endorsement of Products: Gifts and Favors           40
613. Dress Code                                          41
614. Age Limitations                                     41
615. Criminal Conviction                                 41
616. Security of Town Offices and Emergency Closures     41
617. Credit Card Usage                                   42
618. Resolution of Employee Concerns and Complaints      42
619. Breastfeeding Policy                                42
620. Energy Efficiency, Recycling, Reducing Waste        43
621. Smokeless Tobacco                                   43
622. Tattoos and Piercings                               43

Section 7 – Substance Use/Abuse and Employee Assistance 44
701. Substance Use/Abuse Policy                         44
702. Testing                                            45
703. Refusal to Submit to a Test                        49
704. Legal Drugs                                        50
705. Contact Information                                51
706. Employee Assistance Policy                         51
707. Confidentiality                                    51

Section 8 – Hours of Work and Overtime                   52
801. Attendance and Punctuality                          52
Town of Jackson, Wyoming                        page 5        Policy Manual April 2009
802.   Overtime Policy                                     52
803.   Net Pay                                             52
804.   Holiday Pay                                         53
805.   Call-Out Pay                                        53
806.   Stand-By Pay                                        53
807.   Call-In Pay                                         53
808.   Subpoena Pay                                        53
809.   Unauthorized Work                                   54
810.   Paid Time Off (PTO) and Compensation                54
811.   Record Keeping for Hours Worked                     54
812.   Travel Time                                         54
813.   Compensatory Time                                   54

Section 9 – Separation from Employment                     55
901. Employment At Will                                    55
902. Types of Separation                                   55
903. Resignation                                           55
904. Abandonment                                           55
905. Termination                                           55
906. Reduction in Force                                    55
907. Retirement                                            56
908. Death                                                 56
909. Exit Interview                                        56
910. Final Payment                                         56
911. Reimbursement for Training                            57
912. Reimbursement for College Courses                     57

Section 10 – Disciplinary and Performance Related Actions 59
1001. Employment At Will                                  59
1002. Disciplinary Actions                                59
1003. Performance Related Actions                         59
1004. Investigations of Reported Misconduct               59

Section 11 – Employee Recognition Program                  61
1101. General Policy                                       61
1102. Responsibilities                                     61
1103. Types of Awards                                      61
1104. Time Off Award (TOA)                                 61
1105. Employee Recognition Awards                          62

Section 12 – Safety Program                                64
1201. Safety Program                                       64
1202. Safety Orientation                                   64
1203. Working Conditions                                   64
1204. Safety Equipment                                     64
1205. Evaluating Employee Safety                           64
1206. Safety Committee                                     65

Section 13 – Employee Benefits                             66
Town of Jackson, Wyoming                          page 6        Policy Manual April 2009
1301.   Employment At Will                                 66
1302.   Group Health Insurance                             66
1303.   Group Life Insurance                               67
1304.   Retirement Plan                                    67
1305.   Worker’s Compensation                              67
1306.   Health and Wellness                                67

Section 14 – Paid Time Off (PTO) and Other Leave           68
1401. Employment At Will                                   68
1402. Paid Time Off                                        68
1403. End of Fiscal Year Buyout                            69
1404. Mid Fiscal Year Hire                                 69
1405. Separation from Employment Buyout                    70
1406. PTO – Payment of Leave Upon Death                    70
1407. Gifted PTO Policy                                    70
1408. PTO Donation Policy – Donated Hour Conversion        71
1409. Sustainment Wages and Dependent Care Wages           72
1410. Holidays Observed                                    73
1411. Leave of Absence                                     73
1412. Leave of Absence – Retention & Continuation          74
1413. Leave With Pay                                       74
1414. Injury Leave                                         74
1415. Return to Duty After Absence Due to Medical          75
1416. Professional Development                             76
1417. Active Military Leave                                76
1418. Reserve and Guard Duty                               76
1419. Jury Duty and Work Related Court Appearances         77
1420. Family and Medical Leave                             77
1421. Funeral Leave                                        83
1422. Closing of Town Offices                              83
1423. Emergency Service                                    83
1424. Community Involvement Leave                          84

Section 15 – Travel Policy                                 85
1501. Purpose and Scope                                    85
1502. Acceptable Reimbursable Travel Expenses              85
1503. Request to Receive Travel Expense Reimbursement      87
1504. Compensable Travel Time                              88

Section 16 – Personnel Records                             89
1601. Personnel Records Maintenance                        89
1602. Remedies for Employees Objecting to Material         89
1603. Confidentiality                                      89
1604. Employment Reference Requests                        89

Section 17 – Implementation of Personnel Policy            90
1701. Separability                                         90
1702. Violation of Policy Provisions                       90
1703. Supplemental Procedures                              90
Town of Jackson, Wyoming                          page 7        Policy Manual April 2009
Index                                               91

Appendix B – Information Security Policy            94
Appendix C – Governmental Ethics                    106




Town of Jackson, Wyoming                   page 8         Policy Manual April 2009
SECTION 1 - PURPOSE, MISSION, AND VALUES

101. TOWN OF JACKSON PURPOSE AND MISSION




        Town of Jackson Purpose and Mission
The Town of Jackson exists to provide municipal services necessary to support the
residential, business, environmental, and historical interests that define our
community. Our services enhance the quality of life for those who live here and
enhance the experience for our guests.

It is the mission of the Town of Jackson Municipal Organization to provide municipal
services that enhance the quality of life for our residents and guests and to help
support the local economy. We train, mentor and challenge our employees to develop
to their highest potential and to provide service that exceeds the expectations of
residents, guests and others. We foster partnerships to solve problems and more
effectively use our resources. We appreciate the unique environmental resources and
scenic beauty where we live and work and acknowledge our responsibilities to future
generations.




Town of Jackson, Wyoming                page 9           Policy Manual April 2009
Town of Jackson, Wyoming   page 10   Policy Manual April 2009
102. TOWN OF JACKSON VALUES




                    Town of Jackson Values
                            CUSTOMER FOCUS AND SERVICE

                                  PROFESSIONALISM

                                      OPENNESS

                                     INNOVATION

                                       RESPECT

                                POSITIVE WORKPLACE

                           STEWARDSHIP AND CONSERVATION

                              IT IS MY JOB. IT IS OUR JOB.




Town of Jackson, Wyoming                  page 11      Policy Manual April 2009
       .




Town of Jackson, Wyoming   page 12   Policy Manual April 2009
                           APPENDIX A – INFORMATIONAL GUIDELINES

SECTION 2 - INTRODUCTION

201. Introductory Statement

No employee handbook or policy manual can anticipate every circumstance or question about
employment policies and procedures. Accordingly, except for the at-will policy, and such other
policies as may be required by law, the Town of Jackson reserves the right to add, modify,
supplement, rescind, or revise any provision of this Policy Manual, or the policies, practices, benefits
and procedures on which they are based, from time to time, without advance notice, as it deems
necessary or appropriate in its discretion. The benefits described herein are provided at the sole
discretion of the Town of Jackson and this Policy Manual is not and should not be interpreted to be
an assurance, promise or guarantee of an obligation to continue to provide such benefits. The at-will
policy can only be modified by a written agreement with the Town of Jackson. Any such agreement
must be in writing and signed by the Town Manager of the Town of Jackson. In addition, and except
for the at-will policy, the Town of Jackson reserves the right to not follow the policies and guidelines
set forth herein if appropriate under the circumstances.

Furthermore, this Policy Manual is not a substitute for the terms of any medical, pension, or other
benefit plan. If there is at any time a conflict between this Policy Manual and the terms of such a
benefit plan (which you should read carefully), the terms of the benefit plan and not this Policy
Manual will control.

This Policy Manual supersedes any and all Policy Manuals and/or handbooks prior to the date
appearing at the footer of each page or the date of any subsequent revisions. This Policy Manual also
supersedes all prior oral and/or written policies, procedures, rules, regulations, commitments and
practices of the Town of Jackson. Accordingly, please discard and recycle any and all copies of
previously issued Policy Manuals or return them to the Personnel Department. All representations
by any employee of the Town of Jackson that in any respect conflict with any matter set forth
in this Policy Manual are invalid unless specifically acknowledged in writing and signed by the
Town Manager of the Town of Jackson.

IN ADDITION, THIS POLICY MANUAL IS NOT INTENDED TO AND DOES NOT
CONSTITUTE AN EMPLOYMENT CONTRACT FOR A SPECIFIC PERIOD OF TIME OR FOR
TERMINATION ONLY FOR CAUSE.

Any reference to the “Policy Manual,” “Personnel Rules and Regulations Policy Manual,”
“Employee Handbook” or other such reference to this collected set of personnel policies shall all
refer to and indicate this Policy Manual.

202. Employment At Will

As part of the employment at-will policy, the terms and conditions of employment that may be
changed with or without cause and with or without advance notice include, but are not limited


Town of Jackson, Wyoming                               page 13                 Policy Manual April 2009
to, termination, demotion, promotion, transfer, reassignment, compensation, benefits, duties
and location of work.

203. Purpose

The purpose of this Personnel Rules and Regulations Policy Manual (hereinafter referred to as the
Policy Manual) is to provide a concise document that contains policies the Town of Jackson
(hereinafter referred to as the Town) has established regarding personnel matters and is intended to
define and clarify the management practices and polices of the Town with respect to its employees.
All other departmental policies will conform to this manual.

The Policy Manual is established under the authority of the General Statutes of the State of
Wyoming and is subject and subordinate to state law and promulgated rules of Court. In the event of
conflict between the terms of these policies and any applicable State statute, or rule of order of
Court, the rule of law or order of Court shall prevail.

The Personnel Director will maintain the Policy Manual with a copy provided to each employee of
the Town at the time of their employment.

Neither this handbook nor other written or oral representations are to be construed as
constituting a contract between the Town and an employee. The Town reserves the right to
change, suspend, revoke, terminate, or supersede current policies, practices, procedures or
benefits from time to time, with or without cause and with or without notice.

204. Gender

Reference is made throughout this Policy Manual to the personal pronouns "his," "him," and "he."
The use of these words is not intended to imply gender and consequently such reference means both
male and female.

205. Coverage

This Policy Manual applies to all employees. Members of the Town Council and advisory boards,
task forces, or commissions are not considered employees. Notwithstanding the foregoing, portions
of this Policy Manual are applicable to such personnel, including but not limited to the Travel and
Discrimination and Harassment sections.

206. Responsibility of Town Council

The Town Council shall approve the Policy Manual and any updates or changes to the manual.

207. Responsibility of the Town Manager

The Town Manager shall be responsible to the Town Council for the administration and direction of
the personnel system. The Town Manager shall be responsible for interpreting policies when


Town of Jackson, Wyoming                             page 14                Policy Manual April 2009
necessary, for recommending to the Town Council policy changes, for advising the Town Council as
to personnel matters, and for the overall effectiveness of the personnel system. Department Directors
shall be appointed by the Town Manager. Department Directors are subject to removal from their
position by the Town Manager. The Town Manager shall approve the hiring and removal from
employment of all departmental employees.

208. Responsibility of the Town Attorney

The Town Attorney shall be responsible to the Town Council as set forth in a contract for services.
Departmental employees of the Town Attorney shall be appointed or promoted by the Town
Attorney with the approval of the Town Manager. The Town Attorney is appointed by the Mayor
and Council, but in all matters of hiring and removal from employment of personnel, shall act as a
Department Director.

209. Responsibility of Department Directors

Department Directors may include the following positions as determined by the Town Manager:

                  Police Chief;
                  Public Works Director;
                  Finance Director;
                  Planning and Building Director;
                  Transit Director;
                  Personnel Director.

Departmental employees other than Department Director shall be appointed or promoted by their
Department Director with the approval of the Town Manager. Departmental employees are subject to
removal from employment or office by their Department Director with the approval of the Town
Manager.

210. Adoption and Amendment of Personnel Policies

This Policy Manual shall become effective after preparation by the Personnel Director, review by the
Department Directors, approval by the Town Manager, and adoption by the Town Council.
Members of the Town Council may recommend rules for adoption. Policies and procedures or
changes thereto may also be suggested by employees. Suggestions may be submitted to Department
Directors, or the Personnel Director. All suggested proposals will be processed through the Personnel
Director.

The Town Manager, at any time deemed necessary or proper for the purpose of enforcement or
implementation of these rules and regulations, may adopt, amend, or rescind written administrative
procedures inconsistent with these rules and regulations. The Town Manager may also enact
amendments to these rules and regulations on an as needed basis. Such rules and regulations have
the full force and effect of rules and regulations already contained in the manual. Such rules and
regulations require Council approval and shall be presented to them in a timely manner.


Town of Jackson, Wyoming                              page 15                Policy Manual April 2009
Upon adoption by the Town Council, these policies and procedures shall supersede all personnel
policies and procedures, rules, and regulations previously adopted. Amendments to this manual shall
be considered as needed. All amendments shall become effective upon authorization by the Town
Manager and shall be entered into this manual upon adoption by the Town Council.

211. Availability

A copy of this manual shall be provided to all Town employees at time of employment. Employees
shall sign a statement of receipt for this manual. Updates/corrections will be given to all employees
as made. Any amendments made after adoption date will be distributed to all employees through use
of the intranet and e-mail.




Town of Jackson, Wyoming                              page 16                Policy Manual April 2009
SECTION 3 - DEFINITIONS

The following definitions apply wherever these words and phrases are used in the Policy Manual.
Definitions not expressly set forth in this section shall be as defined in Webster's Collegiate
Dictionary, most recent edition.

1. Advancement: Salary increase within the limits of a pay band.

2. Anniversary Date: Anniversary of the employee’s most recent hire date.

3. Applicant: Person who has filed a completed application for employment or promotion, or a
   person who has submitted a resume for consideration for a Department Director or direct
   appointee of the Town Council.

4. Call-in: An emergency request to report to work after normal working hours for an employee on
   stand-by status.

5. Call-out: When an off duty employee is ordered to report to work.

6. Change to a Lower Pay Band: Personnel action whereby an employee is reassigned to a position
   on a lower pay band.

7. Class: A group of positions on the same pay band on the Classification Plan.

8. Classification. The assignment of a new position to an appropriate Pay Band on the
   Classification Plan.

9. Classification Plan: A comprehensive listing of all positions within the Town showing their Pay
   Band and salary range

10. Compensation: Salary, wages, and all other forms of consideration earned by or paid to any
    employee for service in any position.

11. Contract Employee: An employee whose terms and conditions of employment are
    defined with a contract for services.

12. Demotion: Movement of an employee from one pay band or pay step within a Pay Band to
    another pay band or pay step within a Pay Band having a lower pay rate or salary range for
    performance reasons.

13. Department Director: For the purposes of this Policy Manual, the Town Manager, Town
    Attorney, Municipal Judge, Chief of Police, Public Works Director, Personnel Director, Planning
    and Building Director, and Finance Director are considered employees unless specified
    otherwise.




Town of Jackson, Wyoming                             page 17                Policy Manual April 2009
14. Dependent Care Wages: A type of paid leave separate from PTO that covers an employee for 80
    hours each fiscal year to care for a family member once 24 hours of PTO has been utilized.

15. Disciplinary Action: Actions taken by the Town Administrator, Department Director, or designee
    including but not limited to suspension without pay, demotion, or termination.

16. Emergency Service: Leave taken by members of Emergency Service Groups for the purpose of
    training in the activities pursued by emergency service groups as well as time spent performing
    emergency services.

17. Employee: A person occupying a position in the Town's municipal service, or a person who is
    on authorized leave of absence and whose position is being held for the employee pending the
    employee’s return.

18. Evaluation: A written appraisal of the work performance of an employee.

19. Exempt Employee: An employee who is not subject to the overtime payment provisions of the
    Fair Labor Standards Act.

20. Full-time Employee: An employee who is regularly scheduled to work 2080 hours per year.

21. Gifted PTO: Once donated to another employee, rather than referring to the hours as regular
    PTO, they are then called Gifted PTO.

22. Hire Date: The effective date that employment began with the Town.

23. Hours Worked: The definition for hours worked shall be as defined by the Fair Labor Standards
    Act and the Department of Labor but generally means all time during which an employee is
    necessarily required to be on the employer's premises, on duty or at a prescribed work place.

24. Immediate Family: This shall include the employee's spouse, children, mother, father, sister,
    brother, mother and father in-law, step relatives and others as defined by specific policy.

25. Paid Time Off (PTO): Paid leave time granted to employees that is used for covering vacation,
    sick and holiday leave, but is not limited to those uses.

26. Part-time Regular Employee: A year-round employee regularly scheduled each week that works
    fewer than 2080 hours per year, but at least 1040 hours. Such employee may be eligible for
    benefits on a pro-rated basis as determined by budget authorization.

27. Pay Range: The salary range for a given position.

28. Pay Period: There are 26 pay periods in each year. Pay periods are two weeks in duration,
    beginning at 12:01 a.m. on Monday and ending at 12:00 midnight two weeks from that date.




Town of Jackson, Wyoming                             page 18                Policy Manual April 2009
29. Performance Related Actions: Performance related actions may include oral or written
    counseling, suspension without pay, transfer, reassignment or any action regarding poor
    performance that does not affect an employees wage or position.

30. Position Classification: The assignment of a position to a pay band.

31. Promotion: Movement of an employee other than by reclassification from one position on the
    Classification Plan to another position for which a higher pay range is prescribed.

32. Reassignment: A change of an employee from one position to another position where there may
    or may not be a change in pay band or salary. This is a non-disciplinary action.

33. Reclassification: A change of a position from one Pay Band to another. There may or may not
    be a change in salary for persons in the position being reclassified. This is a non-disciplinary
    action.

34. Seasonal Employee A person hired only to work during a specific season of the year, working
    less than 2080 hours a year. Seasonal employees are not entitled to the benefit package provided
    to Full-time or Part-Time Regular employees. Seasonal employees include but are not limited to
    START Bus Drivers, winter Plow Drivers, seasonal investigators, etc.

35. Seniority: Length of continuous, uninterrupted service with the Town.

36. Separation: There are two types of separation, voluntary and involuntary.

37. Stand-by Status: A regular employee filling a non-exempt position or any other position
    identified as being covered by the Fair Labor Standards Act and who is required by virtue of the
    official job description approved by the Personnel Director to remain at the employee’s living
    quarters or near a specified telephone number to enable the employee to respond to an emergency
    situation directly related to the employee’s officially assigned duties and responsibilities.

38. Suspension: A condition of employment whereby an employee must leave the work site.
    Suspension may be with or without pay. Suspension with pay is a non-disciplinary action.
    Suspension without pay is a disciplinary action. Time spent on suspension does not count as
    hours worked.

39. Sustainment Wages: A type of paid leave separate from PTO that covers eligible employees
    between their 24 hours of PTO Use and eligibility for Short Term Disability Insurance.

40. Temporary Position/Temporary Staff: A position or an employee that is not scheduled on a
    regular basis or is scheduled on a regular basis for a temporary period of time. Employees in
    temporary positions are not entitled to the benefit package.

41. Termination: Involuntary separation of an employee from the Town’s workforce.




Town of Jackson, Wyoming                             page 19                Policy Manual April 2009
42. Town Council: The Mayor and Council of the Town.

43. Travel Time, Compensable: The definition of Travel Time will be that of the FLSA but is
    summarized as follows: Travel that keeps an employee away from home overnight is travel away
    from home. Travel away from home is clearly work time when it cuts across the employee's
    workday. The time is not only hours worked on regular working days during normal working
    hours but also during corresponding hours on nonworking days. Travel time is not time spent in
    travel away from home outside of regular working hours as a passenger on an airplane, train,
    boat, or bus. Compensable travel time includes activities such as driving, mandatory reading,
    clerical work, acting as a tour guide, etc.




Town of Jackson, Wyoming                            page 20                Policy Manual April 2009
SECTION 4 - RECRUITMENT AND SELECTION STANDARDS

401. Equal Employment Opportunity Statement

It is the policy of the Town to foster, maintain, and promote equal employment opportunity. The
Town shall select employees on the basis of applicants' qualifications and without regard to age, sex,
race, marital status, color, creed, religion, physical handicap (as defined in the General Statutes of
the State of Wyoming), or national origin. Applicants with a disability shall be given consideration
with other applicants for positions in which their disability does not represent an unreasonable barrier
to satisfactory performance of duties in accordance with the Americans with Disabilities Act (ADA).

The Town shall continue to regularly review the implementation of this policy and relevant practices
to assure that equal employment opportunity, based on reasonable performance-related job
requirements, is being actively observed. Notices with regard to equal employment matters shall be
posted in conspicuous places on the premises in places where notices are customarily posted.

402. Posting of Vacancies

When job vacancies occur within the Town government, vacancy notices shall be posted in the
manner that the Personnel Director deems appropriate. All recruiting notices and other publicity
material concerning position vacancies shall explicitly state that the Town is an Equal Opportunity
Employer.

403. Applications

All persons applying for non-contract employment with the Town government shall be required to
complete an official Town employment application except for Department Director positions, the
Town Attorney, Town Manager and Municipal Judge. Current Town employees who are applying
for vacant positions must also complete either a new application for each position sought or submit a
letter of interest as determined by the Personnel Director. All information provided on the
application must be true and correct. Providing false information may be grounds for elimination
from consideration and/or termination from Town employment. Additional punishment may be
imposed as provided for in the Wyoming State Statutes.

404. Notice of Vacancies to Current Employees

It is the Town's policy to provide career opportunities for its employees whenever possible and when
it is in the best interest of the Town. Vacancies may be publicized to all Town employees at the
discretion of the Personnel Director.

405. Recruitment

Recruitment for vacant positions shall be conducted in a fair and equitable manner. Advertisements
for vacancies should include specific qualifying requirements, the pay range of the position to be
filled, and the statement that the Town is an Equal Opportunity Employer. Such announcements may


Town of Jackson, Wyoming                               page 21                 Policy Manual April 2009
include advertisements in local newspapers, regional newspapers, professional journals and
newsletters, or any other means that will provide adequate distribution of the vacancy notice. All
advertised vacancies may be listed with the local office of the Wyoming Department of Workforce
Services.

406. Nepotism

The policy of the Town is to avoid the practice or appearance of nepotism in employment. In
carrying out this policy, the following are prohibited:

1.       Near relatives of the Town Council members, the Town Manager, the Town Attorney, or
         Department Directors shall not be employed in regular or seasonal positions by the Town
         where a supervisory relationship exists.

2.       Near relatives shall not be employed by the Town where there is a supervisory relationship
         between near relatives or where there is a probability of close personal interaction between
         near relatives in the course of their duties.

For the purpose of this rule, near relatives include spouse, child, parent, grandparent, sibling,
niece/nephew, in-law relationships, and step-relatives in the same relationship.

407. Application Reserve File

Applications for employment are accepted in the Personnel/Town Clerk’s office from 8:00 a.m. to
5:00 p.m. each working day. Applications shall be kept in accordance with the Wyoming Records
Retention Schedule.

408. Determination of a Candidate’s Ineligibility

The Town Manager, Personnel Director or Department Director may determine an applicant to be
ineligible for a given position if the applicant:

1.       Is found to lack the announced minimum qualifications for the position.

2.       Is unable to perform the essential functions of the job.

3.       Is below the age limits established by the Town in conformance with State and Federal laws.

4.       Has a record of unsatisfactory employment, as evidenced by the results of a background
         check.

5.       Has used or attempted to use political influence or bribery to secure an advantage in gaining
         appointment to a position in the Town.

6.       Has made false statements of any material fact or has practiced deception or fraud in the


Town of Jackson, Wyoming                               page 22                Policy Manual April 2009
         employee’s application or during the hiring process.

    7.        Has used unauthorized access to information concerning the contents of an examination.

    8.        Has failed a pre-employment drug test.

    9.        Holds an invalid driver’s license for a position for which a license is required.

Whenever an applicant is not selected, the applicant shall be so informed by the Personnel
Department.

409. Residency Requirement

Residency within the corporate limits of the Town or within the limits of Teton County is not a
requirement or condition of employment with the Town unless stipulated by departmental policy.

410. Medical and Psychological Examination

After a conditional offer of employment is made, the Town reserves the right to require an applicant
to undergo a medical examination and/or psychological examination to determine if they can perform
the essential functions of the job. Such examination shall be at the expense of the Town and
conducted by a provider selected by the Town.

411. Pre-Employment Drug Test

After a conditional offer of employment is made, prospective Town employees, whether they are
regular, part-time regular, seasonal or temporary shall be required to obtain a negative result on a
pre-employment drug test. The date and time for such test shall be set by the Town of Jackson.
Such test shall be at the expense of the Town and conducted by a provider selected by the Town.

412. Department of Transportation (DOT) Physical Examination

After a conditional offer of employment is made, prospective Town employees in positions that
require a Commercial Driver’s License (CDL), shall be required to pass a Department of
Transportation (DOT) physical examination. Upon passage, employees in positions that require a
CDL shall maintain and keep current their DOT physical. Such examination shall be at the expense
of the Town and conducted by a provider selected by the Town.

413. Polygraph Examination

After a conditional offer of employment is made to a prospective Police Department employee the
Town reserves the right to require an applicant to undergo a polygraph examination. Such
examination shall be at the expense of the Town and by an examiner selected by the Town.




Town of Jackson, Wyoming                                page 23                 Policy Manual April 2009
414. Background Review

After a conditional offer of employment is made, the Town reserves the right to inquire into the
background of an applicant to determine the suitability of that applicant for employment with the
Town. Such a background review consists of assessing information relative to the applicant’s work
performance with previous employers, credit history, criminal history and driving record. In
addition, information developed during any polygraph examination or psychological evaluation may
be used to assist in the review of the applicant’s background.

415. Identification

After a conditional offer of employment is made, all prospective employees must present proof of
identification. For positions that require a driver’s license, they must present a valid driver's license
issued by the state in which the applicant resides. Upon employment, employees must subsequently
obtain a local driver's license if they currently hold a license from a state other than the state in which
they will be residing for their employment with the Town of Jackson.. This local license shall be
obtained pursuant to the timeframe established by the State of Wyoming or State of Idaho, as the
case may be.

All new appointments to the Town shall present proof of identification before they are placed on the
Town payroll. New appointments are required to present their official Social Security card. A copy
will be made of the card and placed in the permanent record of the employee. Adequate
identification information will be obtained to satisfy the requirements of the Immigration Reform
and Control Act of 1986.

All new employees must have their picture taken by the Personnel Department.

416. Appointment

It is the policy of the Town to employ according to merit and fitness. The Town shall use reasonable
means to attract qualified candidates for employment and make such investigations and examinations
as are deemed appropriate to assess fairly the aptitude, education and experience, knowledge and
skills, character, physical fitness, and other qualities required for positions in the service of the
Town.

After interviewing the available applicants, the Personnel Director shall recommend to the Town
Manager a selection based on qualifications of the applicant and the recommendation from the
Department Director. The recommendation shall include reasons for selection. The appointment
requires the Town Manager’s approval. The Town Attorney, Municipal Judge and Town Manager
are appointed by the Mayor and Council.




Town of Jackson, Wyoming                                 page 24                  Policy Manual April 2009
SECTION 5 - EMPLOYEE PERFORMANCE, CLASSIFICATION AND PAY

501. Performance Reviews

An employee should not expect to receive a salary increase or promotion based solely on length
of service with the Town. Employees should also be aware that a favorable evaluations or
non—existent evaluations do not guarantee continued employment – employment is at all times
at-will and can be terminated by either the Town or the employee at any time, with or without
cause or with or without advance notice.

502. Performance Management System

Because the Town is an at-will employer, performance plans, appraisals, and evaluations are being
conducted to determine the efficiency, competency and performance of the organization and
individuals. Performance appraisals shall be conducted on a regular basis as determined by the
Town Manager. Performance may be reviewed at any time as determined by the Department
Director. Performance plans will normally be prepared at the start of the fiscal year and
performance appraisals will normally be conducted at the end of the fiscal year.

503. Promotion

It is the policy of the Town to encourage qualified employees to apply for a position of greater
responsibility and authority. Candidates for promotion shall be chosen on the basis of their
qualifications, work records, and testing process results. At the time of promotion, the employee's
salary shall be appropriately adjusted to represent the increase associated with the new position.

504. Demotion

A demoted employee is one who is removed from their present job position to a position at a lower
Pay Band as a disciplinary action.

505. Reassignment

The changing of an employee from one position to a different position at the same pay band or at a
different pay band. This is a non-disciplinary action. If an employee makes a written request for
reassignment to their Department Director, the Department Director will then make a
recommendation to the Personnel Director. The reassignment requires approval by the Town
Manager. In special circumstances an employee may be reassigned for the benefit of the
organization and not at the employee’s request.

506. Classification Plan

The classification plan provides the complete inventory of all full-time and part-time positions in the
service of the Town and is maintained by the Personnel Director and Town Manager. The
classification plan is intended to group jobs into classes of positions that are substantially similar in


Town of Jackson, Wyoming                                page 25                 Policy Manual April 2009
kind of work, difficulty, and responsibility so as to warrant application of the same range of pay.

507. Classification Plan Amendment

Changes may be made to the Classification Plan by the Personnel Director with the Town Manager’s
approval as necessary. In the event a Department Director or an employee believes that a position is
improperly classified or that the Classification Plan is not accurate in the same respect, a formal re-
classification request with a statement of the reason for the requested change shall be directed to the
Personnel Director for consideration. The Personnel Director will make any further investigation
necessary to take final action.

508. The Pay Plan

Salary ranges shall be established for each non-contract position within the Town organization.
These salary ranges shall be compiled into a Classification Plan showing all of the salary ranges as
well as each position.

The method of adjusting salary ranges shall be determined on an as-needed basis by the Town
Manager and the Personnel Director. The Town Manager and the Personnel Director shall determine
the method of advancement from the minimum in the salary range towards the maximum in the
salary range.

Any new positions require Town Manager and Town Council approval. Any type of overall increase
in salaries or salary ranges requires Town Council approval.

The Town Manager has the authority to reclassify or redefine any position within the Town
organization with input from the Personnel Director.

509. Salary and PTO on Reinstatement

When an employee is reinstated in a position of the same class after a separation from the Town of
not more than one year, the employee may receive the same rate of pay as at the time of separation. A
returning employee must start over with their Longevity hours for PTO.

510. Salary After Transfer

Whenever an employee requests a transfer to another position not previously held and the change is
not a promotion or demotion, the employee normally shall receive the entrance rate in the pay range
established for that position unless previous experience and rate of pay warrants a higher starting
rate.

511. Salary After Promotion

An employee who is promoted shall normally receive at least the minimum rate of the higher Pay
Band. If the employee's previous experience warrants, the salary may be higher. Such an increase


Town of Jackson, Wyoming                               page 26                 Policy Manual April 2009
shall be made only upon review and approval of the Personnel Director and Town Manager.

512. Salary After Demotion

In the event of a demotion, the employee shall normally continue to receive the salary the employee
is receiving at the time of the demotion. The salary shall be adjusted by the Personnel Director upon
recommendation by the Department Director and review by the Town Manager.

513. Payment for Temporary Adjustment

When the necessity arises for an employee to temporarily assume the responsibility of another
position in a class that is at a higher Pay Band for a period of more than 30 calendar days, the
employee shall be compensated for the entire period of the temporary assignment at a rate
appropriate for the increased responsibilities. In all such cases, increased payment shall be reviewed
and approved by the Personnel Director and the Town Manager.

514. Pay for Part-Time Work

The Town’s Pay Plan is for full-time employees. Pay for regular part-time employees who work
fewer than 2080 hours per year shall be pro-rated on the basis of the number of hours worked.
Regular part-time employees must work a minimum of 1040 hours per year.

515. Preparation of Payroll

All payroll shall be prepared in the Finance Department from time sheets/time cards approved and
prepared by the Finance Department. Paychecks shall be distributed within five days after the pay
period ends on a biweekly basis.

516. Payroll Deductions

The Finance Director is authorized to make Town-approved deductions from an employee's gross
pay to cover federal and state income taxes, contributions for retirement systems, and for individual
employee and dependent coverage for group insurance premiums. With the authorization of the
employee, the Finance Director may also make payroll deductions for other purposes.

517. Termination Pay

When an employee separates from employment with the Town, authorization will be given by the
Personnel Director to prepare the final check. Any PTO paid out shall be pursuant to the Separation
from Employment Buyout subsection under PTO. Upon authorization from the employee’s
Department Director and/or Personnel Director, the Finance Department shall deduct and withhold
from the final paycheck any amount owed the Town for group insurance premiums, unreturned
Town-issued equipment, rental payments, damages to Town owned rental property, uniforms, and/or
any other reimbursable amounts. The final paycheck may be held for five working days after
termination so the extent of debt can be determined and cleared. Final checks for separations other


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than termination shall be deposited pursuant to the employee’s direct deposit agreement with the
next regular payroll.

Final checks for terminated employees shall be direct deposited within 72 hours of termination.

An employee who separates employment from the Town at their own choosing must have PTO
approved by their Department Director, the Personnel Director and the Town Manager for use during
their last scheduled 80 hours. It is not the intent of the PTO system to allow employees to give their
separation notice and then utilize whatever PTO is on the books prior to leaving.

518. Pay Changes Outside Pay Plan

The Town Manager has the ability to change an individual employee’s pay.




Town of Jackson, Wyoming                              page 28                 Policy Manual April 2009
SECTION 6 - CONDITIONS OF EMPLOYMENT

601. Employment At Will

As part of the employment at-will policy, the terms and conditions of employment that may be
changed with or without cause and with or without advance notice include, but are not limited
to, termination, demotion, promotion, transfer, reassignment, compensation, benefits, duties
and location of work.

602. Employee Ethics

The cornerstone of employee ethics is the Town of Jackson Values. Another important element is
integrity. Town employees are expected to discharge their duties conscientiously and to conduct
themselves in a manner, on and off the job, which will reflect favorably upon the Town.
Additionally:

1.       Employees shall refrain from any use of their position that is motivated by the desire for
         private gain for themselves or other persons. They must conduct themselves in such a
         manner that there is no suggestion of the extracting of private advantage from their
         employment with the Town.

2.       Employees shall not use their positions, in any way, to coerce or give the appearance of
         coercing another person to provide any financial benefit to the employee or to other persons.

Employees shall comply with Title 9, Chapter 13 of the Wyoming Statutes on Governmental Ethics,
a copy of which is attached as Exhibit C. Please refer to the Wyoming State Statutes for the most
current version.

Officials or employees who wear a badge or other official insignia or who bear credentials as
evidence of authority and/or identity shall not permit such badge or insignia to be used or worn by
any other person or to otherwise leave their possession. Badges or credentials that reflect
employment with the Town shall not be used by any employee for preferential treatment or personal
gain.

603. Discrimination and Harassment

It is the policy of the Town to provide a professional, businesslike work environment free from all
forms of illegal employee discrimination and harassment including incidents of sexual harassment.

No employee of the Town shall engage in conduct that can be defined as illegal discrimination,
harassment, or sexual harassment. No personnel decisions shall be made on the basis of the granting
or denial of sexual favors.

The law currently defines sexual harassment to include any ongoing or repetitive, deliberate,
unsolicited, and unwelcome verbal and/or physical conduct of a sexual nature or with sexual


Town of Jackson, Wyoming                               page 29                Policy Manual April 2009
implications by anyone in the workplace who: (1) has or may have a direct impact on disciplinary or
employment decisions, (2) creates an intimidating, hostile, or offensive working environment, or (3)
interferes with an individual's work performance.

In addition, the Town further defines an offensive work environment to be in existence when there is
a situation in the workplace involving consensual and graphic public displays of affection between
co-workers or between an employee and a non-coworker or when the workplace is utilized to
conduct sexual activities or graphic consensual displays of affection. The workplace includes Town
property, buildings and vehicles.

Employees shall not engage in a personal, sexual relationship with another co-worker where a direct
supervisory relationship exists. Should such a relationship develop, the employees have an
obligation to bring that to the attention of the Personnel Director or Town Manager. Once brought to
the attention of administration, one of the employees must either separate employment from the
Town or secure another position with the Town where no direct supervisory relationship exists
within a time frame outlined by administration. Should the employees fail to comply, both
employees are subject to disciplinary action including termination.

If an employee feels that sexual harassment is occurring, whether it involves the employee or
someone else, the employee has an obligation to bring that to the attention of anyone employed by
the Town in a position of authority, preferably the employee’s supervisor. The supervisor must
report that situation to their Department Director. The Department Director is then obligated to
address the situation and document the results of the situation to the Personnel Director and Town
Manager. If an employee feels that their issue has not been resolved or addressed, or if the situation
involves someone with supervisory authority over the employee, the employee is obligated to address
their concern directly with the Personnel Director or Town Manager.

An employee who reports an incident of illegal discrimination or harassment must understand that
their report will be documented and acted upon regardless of whether the employee requests that no
action be taken. All information will be treated with the same confidentiality as other confidential
personnel matters.

604. Workplace Violence

The Town can best perform its functions when employees, customers and elected officials co-exist in
a climate that supports the free exchange of ideas and utilizes constructive methods of conflict
resolution. The Town is committed to creating and maintaining an environment that is free from
intimidation, threats and violent acts.

The Town defines these behaviors as follows:

Intimidation – an act towards another person, the purpose of which is to coerce, bully or scare
another person, and the result of which could reasonably cause the other person to be afraid, to fear
for his or her safety, or to fear for the safety of others.




Town of Jackson, Wyoming                              page 30                 Policy Manual April 2009
Threat of violence – a communicated intent to inflict physical or other harm on any person or on
property.

Act of violence – exercise of physical force against another person or against property.

Any and all acts of intimidation, threats or acts of violence by anyone in the organization will be
considered serious misconduct and will be the basis of disciplinary action, up to and including
dismissal. These acts will be referred, when appropriate, to legal authorities. An act of violence that
results in a conviction will result in immediate termination.

Assurance of a safe working environment is important to everyone. It is the responsibility of all
members of our organization to report any occurrence of intimidation, threat or violence to the
appropriate official such as the employee’s supervisor, Department Director, the Town Manager, the
Personnel Director, or a police officer.

Weapons not required for job performance are not allowed on Town premises. Should an employee
raise a concern about a weapon or a perceived weapon, the Town Manager shall make a
determination with input from the Personnel Director and Chief of Police on whether the object in
question should be removed from Town premises.

605. Work Schedule

The Town's standard workweek is 40 hours. There are 26 pay periods in each year. Pay periods are
two weeks in duration, beginning at 12:01 a.m. on Monday and ending at 12:00 midnight two weeks
from that date. Final checks for terminated employees will be issued within 72 hours. Final checks
for all other separations will be issued with the next regular pay period, less any outstanding amounts
owed the Town.

The normal daily work schedule is between 8:00 a.m. and 5:00 p.m. which includes one hour for
lunch. Because of the nature of the various Town activities, some departments do not operate on the
normal work schedule. Department Directors are required to notify the Town Manager if they
deviate from the normal work schedule, unless specified by ordinance. Any plan for payment for
hours worked that deviates from standard must be presented to the Personnel Director and receive
the Town Manager’s approval. For example, a 7(k) exemption plan for public safety employees, a
4/10 schedule, or a 32 hour/week schedule with benefits shall be presented to the Personnel Director
and requires the Town Manager’s approval.

With the exception of an extreme emergency, to protect the health and welfare of an employee, the
employee shall not work more than sixteen hours in a twenty four-hour period.

With the approval of the Department Director and Town Manager, employees may be allowed to
telecommute or work from home, either on a regular basis, a temporary basis, or on a project-by-
project basis. After approval by the Department Director, an employee desiring to telecommute must
present that request in writing to the Personnel Director. Once approved by the Town Manager, a
document will be prepared that sets forth any additional expectations outside of the employee’s


Town of Jackson, Wyoming                               page 31                 Policy Manual April 2009
performance plan as well as sets forth expectations regarding communication with the Town of
Jackson.

All employees are expected to be at work during their scheduled work hours whether exempt or non-
exempt. Exempt employees who work a partial day need not take any PTO for that day. Exempt
employees who do not work at all on one of the days during their scheduled work hours must take a
full day of PTO. Scheduled work hours are those hours that the employee is scheduled to be at work.


Exempt employees cannot “flex” their time. If an exempt employee puts in 40 hours of work before
Friday, and then are gone on Friday, they must still take a full day of PTO for the absence on Friday.
If an exempt employee has not worked 40 hours in the week but works at least a partial day during
their scheduled work hours, they do not need to take PTO. Employees must communicate with their
supervisor if they are not, or do not intend to be at work during their scheduled work hours on any
given occasion. For example, if an employee plans to be gone for the afternoon, plans to be late, is
requesting PTO, the employee must communicate in these instances with their supervisor whether
exempt or non-exempt.

Work schedules for the Town Manager, Town Attorney and Municipal Judge shall be set forth by the
Mayor and Council.

606. Days Off

Full-time, employees, except for law enforcement employees, shall have two specified days off per
week. In case of emergency or where required for the performance of essential public service, an
employee may be required to work on the days the employee is normally off or work extended hours
on the employee’s regular work day.

607. Use of Town Property

Use of Town-owned property is intended for official Town business. Town-owned property includes
supplies, tools, materials, equipment, and vehicles. Property owned by the Town shall be cared for
in a responsible way. Use of Town vehicles for commuting to and from work usually will be limited
to an employee who is subject to emergency callback work. Employees who drive Town-owned
vehicles back and forth to work will be subject to all requirements of the Internal Revenue Service
regarding private use of Town vehicles. The Town Manager shall approve any and all requests or
policies for vehicle commuter use and vehicle assignment policies. The use of Town-owned
property for personal gain outside the performance of official Town duties is expressly prohibited.
Copiers, copy paper, printers, and faxes can be used for personal use and the fees for that use are set
by Resolution of the Town Council.

The basement exercise facility at the Town Hall is an exception and is Town-owned property used
for personal use by employees and their families and others as designated by the Chief of Police.
This area of the building contains equipment and items that are not safe for children between the
ages of 14 and 18 to be on or around without direct supervision of their parent or guardian. Children


Town of Jackson, Wyoming                               page 32                 Policy Manual April 2009
under the age of 14 are not permitted to be on or near equipment. Parents and/or guardians are
responsible for their children. Employees and others authorized by the Chief of Police are
encouraged to utilize this facility once they have signed a waiver in the Police Department. The
Chief of Police may establish and enforce a policy regarding use of this facility upon approval by the
Town Manager.

The wash bay and mechanic bays at the Town Shop are an exception and are Town-owned property
used for personal use by employees and their families and others as designated by the Public Works
Director. These areas of the Town Shop contain equipment and items that can be extremely
dangerous when not used properly and are not safe for children. Children under the age of 18 are
not permitted to be in this area under any circumstances. Employees and others authorized by the
Public Works Director may utilize these facilities once they have signed a waiver in the Public
Works Department. People involved with Town business may be in this facility without signing a
waiver. The Public Works Director may establish and enforce a policy regarding use of these
facilities upon approval by the Town Manager.

The Town does not give the employee the expectation of privacy. Use of computers, phones and
other communication/electronic devices is covered under the Information Security Policy that is
attached to this Policy Manual as an appendix and is included as a part of this manual. The Town
may monitor computer, telephone and other communication devices. Non-business use of
computers, the Internet, the telephone or other communication methods may be authorized, but any
communication may be monitored.

608. Vehicle Policy

This policy does not supersede vehicle use expressly authorized by a contract for employment or
services.

The following vehicle policy is hereby established to provide rules for using vehicles for Town
purposes. Qualified staff members and elected and appointed officials are eligible to utilize Town
vehicles in the performance of their duties as well as rent vehicles at the Town’s expense in the
performance of their duties. Qualified staff members include seasonal, temporary, part-time, and
regular employees who hold a current, valid driver’s license for the particular specified vehicle or
piece of equipment they plan to operate. Elected and appointed officials include the Mayor and
Town Council and the Town Planning Commission who hold a current, valid driver’s license.
Contract employees are not authorized to utilize Town vehicles except as expressly authorized by
their contract. Authorization for use shall be obtained from the Department Director prior to use if
not specifically set forth in this policy. Department Directors shall maintain a current list of vehicle
types within their department, and the specific licenses required to operate those vehicles,

1.       Driver’s License

The Personnel Department shall ensure that the Town has a copy of each employee’s valid driver’s
license or the number of the license. The Personnel Department shall also ensure that the Town has
this information for anyone authorized to utilize a Town vehicle or authorized for reimbursement for


Town of Jackson, Wyoming                               page 33                 Policy Manual April 2009
use of a personal vehicle for Town use. Employees are required to inform their Department Director
of any change in the status of their driver’s license immediately upon notification or as soon
thereafter as can be accomplished. The Personnel Department shall periodically check the validity of
the information provided. The job descriptions shall specify the type of license required for each
position. Failure to maintain a valid driver’s license as specified in the job description makes the
employee ineligible for that job.

2.       Rules of Operation

     a) Drivers must obey all applicable laws, including the wearing of seat belts.
     b) Drivers must adhere to the Town of Jackson Fuels and Fleet policies regarding the fuel
        efficient operation of vehicles. A copy of this policy can be obtained from the Fleet
        Superintendent.
     c) There shall be no smoking in any Town vehicle or equipment.
     d) There shall be no personally owned animals in any Town vehicle or equipment other than
        horses as authorized by the Police Chief for mounted patrol.
     e) There shall be no consuming of alcoholic beverages or controlled substances in any Town
        vehicle or equipment and no operating a Town vehicle or equipment while under the
        influence of alcohol or illegal controlled substances. There shall be no transport of illegal
        controlled substances or open containers of alcoholic beverages in any Town vehicle or
        equipment unless expressly authorized by the nature of the work performed (i.e. law
        enforcement).
     f) Drivers must complete any necessary paperwork as required by the Fleet Manager prior to
        travel as well as complete any necessary paperwork per the Travel Policy prior to travel.
     g) All fines incurred during the operation of vehicles will be the responsibility of the driver
        and not the Town.

2.      Collisions
     a) Post Collision Drug and Alcohol Test.
     The Town of Jackson shall test employees in the case of certain collisions. The Post-Incident
     Drug and Alcohol testing policy and procedures are outlined VII Substance Use/Abuse and
     Employee Assistance.

     b) Incidents involving property damage to Town vehicles/property or private property will
     be reported by the driver to the Department Director or Town Manager (as applicable) and
     also to the Finance Department for completion of insurance forms.
                 i.     The driver involved in a collision is responsible for obtaining two vehicle
                        repair estimates and must submit both estimates to the Finance
                        Department.
                 ii.    The driver involved in a collision must also file a State of Wyoming
                        Accident Report within 10 days if applicable. This report must be
                        submitted to the Finance Department. These forms are available from the
                        Police Department.
                 iii.   The driver involved in a collision must submit a police report should the
                        damages warrant such a report as determined by the Jackson Chief of


Town of Jackson, Wyoming                              page 34                 Policy Manual April 2009
                           Police.
                   iv.     The driver involved in a collision must submit a written memo to their
                           supervisor detailing the circumstances of the collision. This memo will
                           then be forwarded as appropriate to the Finance Department and the Safety
                           Committee.


3.       Additional Passengers

For liability reasons, additional passengers not involved with Town business are strongly
discouraged to travel in Town vehicles and in the case of marked police vehicles, additional
passengers not covered by the Town’s insurance are also strongly discouraged. Additional
passengers in Town vehicles must sign a waiver obtained from the Personnel Department unless they
are a passenger involved with Town business. When additional passengers are traveling in Town
vehicles, the liability coverage is limited to $2000 for medical payments.

4.       Rented Vehicles

Employees renting vehicles for Town purposes shall obtain additional insurance coverage as offered
by the rental agency.

5.       Personal Vehicles

Personal vehicles shall not be utilized for Town purposes unless specifically approved by the Town
Manager. In those cases where approval has been granted, mileage will be paid at the appropriate
rate specified by the Internal Revenue Service. If a collision occurs with a personal vehicle being
used for Town purposes, the Town will reimburse the Town employee up to their deductible. Proof
of insurance on the employee’s personal vehicle shall be provided to the Finance Department prior to
authorization being granted.

6.       Out-of-Town Travel

Drivers are expected to utilize the most cost-effective travel arrangements. Carpooling is expected
when multiple persons are traveling to the same out-of-town destination for Town purposes. If
employees can reasonably travel together in a Town vehicle, they are expected to do so. If
employees authorized to travel could have reasonably traveled together and chose to drive separately
in a personal vehicle, mileage reimbursement will not be granted. When flying is logical to an out-
of-town destination for Town purposes and the employee chooses to drive their personal vehicle,
mileage reimbursement shall not exceed the estimated cost of ticket purchase to the same destination.
 Costs incurred for mileage reimbursement, plane tickets, etc. shall be charged to the appropriate
departmental account.

While using a rental vehicle, Town-owned vehicle, or personal vehicle while on out-of-town travel
for personal reasons (visiting friends, attractions, shopping) separate mileage will be kept and
reimbursement for those miles will not be granted, or will need to be reimbursed to the Town at the


Town of Jackson, Wyoming                                page 35               Policy Manual April 2009
same rate that the Town reimburses employees for use of their personal vehicle for Town purposes.
Personal detours of more than 20 miles round trip shall be approved by the Department Director
prior to travel.

7.       Town Vehicles for Commuting and On-Call Use

Except for travel for Town authorized business, Town vehicles utilized by authorized positions for
commuting and on-call use shall neither be taken outside the boundaries of the State of Wyoming nor
the boundaries of Teton County. Staff assigned a vehicle for commuting purposes and on-call
purposes shall not use the vehicle for personal use other than incidental stops on the way to or from
work or to or from lunch. No personal use of a Town vehicle or rental vehicle is authorized except
to commute to and from work or to and from lunch. Marked and unmarked police vehicles may be
used for personal use as outlined by a departmental policy approved by the Town Manager, however
only when the employee is able and willing to respond to calls for service. As noted previously in
this policy, for marked police vehicles, additional passengers not covered by the Town’s insurance
are not encouraged except those involved with regular police duties such as the ride along program.
Further departmental requirements may be imposed on the use of vehicles.

The additional income associated with utilizing a Town vehicle for commuting (i.e. it is a fringe
benefit) shall be assessed according to the IRS Code. Per the IRS Code, certain types of vehicles are
exempt from the fringe benefit assessment.

Only persons in those positions listed below are authorized to utilize a Town vehicle for commuting
purposes other than contract employees who may have other arrangements set forth in their contract.
 Other positions may be assigned commuter authorization by the Town Manager on an as needed
basis but shall be limited to positions that truly and regularly involve Town business outside their
regular work schedule or that frequently are required to respond to emergency situations. Other staff
may occasionally be asked by the Town Manager to take home a vehicle for the purpose of plowing
or sweeping the Town Hall parking lot.

Commuter Authorization                        On-Call Authorization
Sworn Police Personnel                        Public Works Weekend Duty
Police Chief
Town Engineer
Public Works Director
Community Service Officers

At the direction of the Department Director, vehicles shall be returned to the Fleet Superintendent
when the personnel to whom the vehicle was assigned will be away from work for an extended
period.

Town employees utilizing vehicles for commuter use are not covered by Wyoming Worker’s
Compensation while in their vehicle and not on duty. For the purposes of this section, on duty is
defined as on scheduled shift hours. Worker’s Compensation coverage begins as soon as an
employee’s time becomes compensable. Town employees utilizing Town vehicles for personal use


Town of Jackson, Wyoming                              page 36                Policy Manual April 2009
when they are willing and able to respond to calls for service are covered under the Town’s liability
insurance policies.


Employees assigned vehicles for commuter authorization shall be responsible for the appearance and
cleanliness of the vehicle, both interior and exterior.

8.       Pool Vehicles

Staff who regularly and frequently use a Town vehicle in the performance of their duties during
regular working hours may be assigned a vehicle as determined by the Department Director and as
approved by the Town Manager.

Additional Rules of Operation for Assigned Pool Vehicles
             Vehicle must be available for uses by others occasionally as indicated by the Fleet
              Superintendent.
             Vehicle must be parked after the workday in the area designated by the Fleet
              Superintendent.
             Vehicle must be available for other members of the department as arranged in
              advance by the Department Director.
             Employees assigned a vehicle shall be responsible for the appearance and
              cleanliness of the vehicle, both interior and exterior.
             Staff members assigned a vehicle must comply with all other sections of this
              policy.

Positions and Departments Which Are Assigned Pool Vehicles
Building Inspectors
Wastewater Superintendent
Street/Water Superintendent
Finance/Personnel Department (shared)
Fleet/Transit Superintendent
Planning Department (shared)

609. Network and Computer Use

Employees shall comply with the policy regarding network and computer use. That policy is
attached to this Policy Manual as Appendix B and is called Article V. Acceptable Use Policies of
the IT Security Policy.

1.       Group E-Mails.

E-mails sent to the “All Employee” group or to any Town established “group” are for the sole
purpose of conducting Town business. Please refer to the Acceptable Use Policies of the IT Security
Policy regarding personal e-mail use. Examples of acceptable group e-mails are those related to
PTO donations, environmental conservation, all-employee events, the Values/Purpose/Mission of the


Town of Jackson, Wyoming                              page 37                Policy Manual April 2009
Town of Jackson, Town-sponsored training/educational opportunities, Wyoming Retirement meeting
announcements, and insurance meetings. Examples of unacceptable group e-mails are those that
contain information or references related to religious issues, support/non-support of businesses or
products, support/non-support of legislative bills or actions not relating to Town business,
advertising rooms/units (non-Town owned)/properties/items for sale or rent, harassment,
discrimination, or espousing political views.

3.       Intranet Postings.

The Town of Jackson has a designated space on its Intranet site for personal communication.
Employees must use good judgment in terms of appropriateness of content. Information on the site
will be periodically reviewed for appropriateness by Personnel and IT staff.

“Communications Central.” This space is open for use by employees wishing to communicate
personal messages. Examples of appropriate personal messages would be those related to open
house invitations, baby announcements, wedding announcements, thank-yous for support or
donations of PTO, Muscular Dystrophy Association announcements, Daffodil Day announcements,
Breast Cancer Awareness announcements, etc. Examples of inappropriate personal messages
would be those that contain information or references related to religious issues, support/non-support
of businesses or products, support/non-support of legislative bills or actions not related to Town
business, harassment, discrimination or espousing political views.

“Buy/Sell/Trade.” This space is open for use by employees wishing to buy, sell or trade items
(except weapons), advertise rooms for rent, notify employees of the need for roommates, express
carpool needs, notify others of yard sales, etc.

610. Cell Phone Policy

Cell phone use within town vehicles, whether the employee is on-duty or off-duty, shall be governed
by the highest standards of safety and reasonableness. Personnel who receive in-coming phone calls
while driving shall only answer the call when that can be accomplished safely. Employees shall not
continue that call until they are able to safely and legally pull off the traveled portion of the roadway
and stop. This may require that the caller is placed on hold or advised to call back. Out-going calls
shall be initiated by drivers only when the vehicle is safely and legally stopped and off the traveled
portion of the roadway.

Due to the nature of their job assignments, some employees are required to carry a cellular telephone.
Town employees that are required to carry a cellular telephone will either be given a Town-owned
cellular telephone or will receive a monthly cellular telephone allowance.

1.       Town-Owned Cellular Telephones

Some job functions within the Town organization require the use of a cellular telephone. Employees
assigned to performing these job functions may change based on scheduling. Those assigned to the job
function will be required to carry a Town-owned cellular telephone. These will be “pooled” cellular


Town of Jackson, Wyoming                                page 38                 Policy Manual April 2009
telephones. In other words, they will normally not be issued directly to an employee; instead, they will
be issued to a position, based on temporary need. They will normally not accompany an employee after
hours, unless the employee is on-call. Subject to approval by the Town Manager, Department Directors
will recommend the required number of pooled telephones and which positions will be issued a Town-
owned cellular telephone on a temporary basis.

Town-owned cellular telephones shall not be used in violation of federal or state laws or in violation of
any departmental procedures. Use of a Town-owned cellular telephone shall be for official use only,
except for authorized personal (non-official) use. Authorized personal use is defined as brief and
infrequent personal communication such as:
      Briefly and infrequently checking with family members.
      Scheduling medical and other routine personal appointments.
      Briefly communicating with family or friends, as appropriate, to convey information or
    schedule changes.

Those employees assigned a Town-owned cellular telephone shall assume the responsibility to use the
equipment in compliance with this statement. Personal calls must be restricted to those incidental
purposes outlined above and must not result in additional fees charged to the Town. If additional costs
do occur which are due to personal calls, the employee will be responsible for the additional fees. Out-
of-pocket calls may occur simply because the personal use places the overall use for a billing period
over the maximum allotted air time under the applicable billing plan.

Department Directors are responsible for reviewing all cellular telephone bills of employees assigned
Town-owned cellular telephones to ensure compliance with this statement. When an employee leaves
employment with the Town, the department director is responsible for recovering the Town-owned
cellular telephone.

2.       Monthly Cellular Telephone Allowance

Those employees required to carry a cellular telephone as part of their duties and are not issued a Town-
owned cellular phone shall obtain a local cellular telephone number within 30 days of employment.
Employees that are required to carry a cellular telephone will receive a monthly cellular telephone
allowance and as such, shall accept Town business calls on that phone. Subject to approval by the
Town Manager, Department Directors will recommend which employees are to receive the allowance.
The Personnel Department will notify the Finance Department when an employee is approved for this
allowance. The Finance Department will maintain a list of allowanced-based cellular telephone
numbers.

Employees in this program will be paid a taxable allowance for the purchase and maintenance of a
cellular telephone up to $65 per month, depending on Town-related call volume. Some employees may
be identified as “high cellular telephone users” and may be eligible for a greater allowance, subject to
approval by the Town Manager.

Employees receiving the cellular telephone allowance will be responsible for both their cellular
telephone and their cellular telephone bill. An allowance-based cellular telephone is the property of the


Town of Jackson, Wyoming                                page 39                 Policy Manual April 2009
employee and will be retained by the employee when they terminate employment with the Town.

In certain circumstances, such as a natural or man-made disaster, an employee with an allowance-
based cellular telephone may incur a substantial increase in their usage in pursuit of their required
duties. In such event, and at the discretion of the Town Manager, an employee with an allowance-
based cellular telephone may submit their detailed cellular telephone bill for reimbursement of
business calls in excess of minutes available and in excess of their monthly allowance.

611. Political Activity

The Town encourages an employee to exercise the employee’s civic responsibility by voting for
those issues and candidates of the employee’s choice. An employee may join or affiliate with
political organizations, may attend political meetings, and may advocate and support political
principles and policies in accordance with the Constitution and laws of the state of Wyoming and of
the United States of America. However, an employee may not:

1.       Engage in political activity while on duty.

2.       Be required to contribute funds or support for political or partisan purposes as a condition of
         employment, pay raise, or promotion.

3.       Solicit or act as custodian of funds for political or partisan purposes while on duty.

4.       Use Town-owned supplies, equipment, or facilities to display political slogans, posters, or
         stickers or for any other political purpose.

5.       Use any promise of reward or threat of loss to encourage or coerce any employee to support
         or contribute to any political issue, candidate, or party.

612. Endorsement of Products: Gifts and Favors

Employees shall not, as part of their official capacity, assist in the sale of goods or services by
permitting the employee’s endorsement of said goods or services to be used for advertising purposes.
Employees shall not accept gifts, gratuities, or compensation from organizations, business concerns,
or individuals with whom an official relationship exists. These limitations are not intended to
prohibit the acceptance of articles of negligible value that are distributed generally, food/drink
consumed by the employee at the time of receipt, employees from accepting social courtesies which
promote good public relations, or employees from obtaining loans from regular lending institutions.
It is, however, vitally important that employees in direct contact with the public guard against any
relationship which might be construed as evidence of favoritism, coercion, unfair advantage, or
collusion.

Employees shall comply with Title 9, Chapter 13 of the Wyoming Statutes on Governmental Ethics.
A copy of the current act is included in this manual as Appendix B and is subject to change as the
Wyoming Statutes are amended.


Town of Jackson, Wyoming                                page 40                 Policy Manual April 2009
613. Dress Code

The image of the Town is directly related to the employees of the Town and the way in which they
conduct and present themselves. All employees are expected to dress at all times in an acceptable
and professional manner that is consistent with good business practice and the provisions of the
safety policy. In any department where uniforms are required, the Department Director shall be
responsible for making sure employees wear the designated uniform in a clean and neat manner.

For office positions, business casual dress is expected. Although this explanation is not exhaustive,
business casual dress means clean, neat, conservative clothing. Examples of business casual dress
for the Town would include khaki pants with Town shirt, dresses, skirt and shorts outfits of
appropriate length and coverage, and blue jeans that are clean, neat, not faded, and without wear and
tear.

Employees must be well groomed at all times with good overall body hygiene and dental hygiene.
Body odor, bad breath, and excessive use of perfume or cologne are not permitted.

614. Age Limitations

The minimum age for regular full-time employment with the Town is 18 years for all positions
except law enforcement officers, who must be 21 years. Exceptions to the minimum age are
provided for under the law if the applicant procures an employment certificate from the Teton
County Department of Social Services.

615.     Criminal Conviction

If an employee is convicted of a crime that affects their ability to perform their job or duties, they are
subject to disciplinary actions.

616.     Security of Town Offices and Emergency Closures

Employees shall have no expectation of privacy in Town property which has been provided for their
use or personal property which they bring to the workplace. Workplace monitoring may be
conducted by the Town to ensure quality control, employee safety, security, and client satisfaction.

To protect the property and to ensure the safety of all employees, clients, and the Town, the Town
reserves the right to conduct personal searches consistent with state law, including inspection of
personal property, and to inspect any packages, parcels, purses, handbags, briefcases, lunch boxes,
tool boxes, vehicles, or any other possessions or articles carried to and from Town property.

The Town Manager may close Town offices and facilities, cease operations, and send staff home
at his discretion.




Town of Jackson, Wyoming                                 page 41                 Policy Manual April 2009
617.     Credit Card Usage

All credit card charges need to have documentation provided on the back of the receipt or in attached
documentation that indicates who was in attendance if the charge is for a meal, what was purchased
with itemized information rather than just a total, and why the purchase occurred. If the information
is not provided, the Department Director will need to inform the Finance Department of the name of
the employee responsible for the card at the time of the charge and that employee will required to
reimburse the Town for the expense. If the reimbursement is not provided within one week of
notification, the amount owed the Town will be deducted from the employee’s paycheck as allowed
by the Fair Labor Standards Act.

All charges, whether with a credit card or other form of authorized purchasing tool, must be for
authorized and budgeted expenses.

A meal that occurs and is charged to the Town while work is being conducted is permitted. For
example, meals purchased while interviews were being conducted by a panel of five employees
without a reasonable meal break would be permitted.

Meals purchased may be a taxable benefit to those employees participating. Meal purchases related
to Town business occur for a variety of reasons including working lunches and communicating with
legislators or business associates. Basic guidelines for purchasing meals are that employees should
use good judgment in terms of the benefit to the Town, the purpose of the meal purchase should be
for legitimate Town business reasons, and awareness of the appearance of impropriety and how that
may look to others in the community we serve should be considered.

618.     Resolution of Employee Concerns and Complaints

In the event an employee believes that a particular situation calls for a formal review, the employee
may present the concern or complaint through the following supervision path beginning at
Supervisor:

1.   Supervisor
2.   Department Director
3.   Personnel Director/Assistant Town Manager
4.   Town Manager

An employee may initiate a concern or complaint at any level of the process. However, since the
employee’s supervisor or Department Director is the most knowledgeable about departmental and
interdepartmental matters and is in the best position to respond to a concern or complaint, it is
generally recommended that supervisors and Department Directors be the first step.

619. Breastfeeding Policy

The Town supports an employee’s choice to continue to breastfeed an infant after returning to work.
To this end, the Town will make every reasonable accommodation to provide a comfortable area and


Town of Jackson, Wyoming                              page 42                Policy Manual April 2009
a flexible schedule for milk expression or breastfeeding of an infant.

    1. The time allowed shall not exceed the normal time allowed for lunch and breaks.
    2. If issues arise, the employee and her supervisor are encouraged to meet with the personnel
       department.


620. Energy Efficiency, Recycling, Reducing Waste

The Town of Jackson is committed to energy efficiency, recycling and reducing waste. Town of
Jackson employees are expected to actively engage in these efforts while on duty. This includes
saving electricity by turning off lights and equipment when not in use, consolidating vehicle trips,
planning and coordinating work programs and schedules to reduce fuel use, keeping heating and
cooling systems at levels designed for efficient and effective operation, recycling waste products to
the best of their ability, and reducing the creation and production of waste including double-sided
printing when appropriate and using reusable containers rather than disposable containers.
Employees are also encouraged and expected to present energy saving ideas in their Departments.

621. Smokeless Tobacco

An ordinance currently prohibits smoking in public facilities. In addition to that ordinance using
smokeless tobacco does not present a professional image and may not be used when employees are in
contact with the public.

622. Tattoos and Piercings

In addition to dress, tattoos and piercings also reflect on a professional appearance. Body piercing
jewelry may only be worn in the earlobes. Facial jewelry, such as eyebrow rings, nose rings, lip
rings, and tongue studs are not professionally appropriate and may not be worn during business
hours. Torso body piercing with visible jewelry or jewelry that can be seen through or under
clothing may not be worn during business hours. Earrings should be conservative, professional, and
appropriate for all business and professional attire. Body art in the form of tattoos and other skin
pigment alterations may not be visible on the face and are discouraged on the hands or neck.
Inappropriate or offensive tattoos shall not be visible to the public during working hours.




Town of Jackson, Wyoming                              page 43                Policy Manual April 2009
SECTION 7 - SUBSTANCE USE/ABUSE AND EMPLOYEE ASSISTANCE

701. Substance Use/Abuse Policy

The Town of Jackson is dedicated to providing a safe, secure, and productive workplace and to
protect employees and the public from the risks posed by the misuse of alcohol and use of prohibited
drugs. The use of controlled substances is inconsistent with the behavior expected of all employees,
poses unacceptable safety risks, and undermines the Town of Jackson’s ability to operate effectively
and efficiently. In meeting these goals, it is our policy to (1) assure that employees are not impaired
in their ability to perform assigned duties in a safe, productive, and a healthy manner; (2) create a
workplace environment free from the adverse effects of drug abuse and alcohol misuse; and (3) to
encourage employees to seek professional assistance anytime personal problems, including alcohol
or drug dependency, adversely affect their ability to perform their assigned duties. All Worker’s
Compensation covered employees are included in this substance abuse testing program.

The Town of Jackson will provide training to all Department Directors and supervisors in the
organization regarding the Town’s drug and alcohol testing program that includes one hour per year
for all employees and two hours per year for all supervisors that includes 60 minutes on alcohol
misuse and 60 minutes on drug use. Training shall incorporate physical, behavioral, speech and
performance indicators of probable alcohol misuse and use of drugs. The Town shall retain training
records including signatures, dates and training topics to document supervisory participation and
employee participation in the education and training.

The Town does not condone illegal substance use, alcohol abuse or prescription drug abuse and
maintains a zero tolerance policy. Because of the zero tolerance policy, disciplinary action may be
involved when dealing with an admitted problem. An employee admitting a problem without having
been asked to take a test or without having had a positive test result either from a random test, post
incident test, or reasonable suspicion test will be dealt with differently than an employee that tests
positive.

To help ensure a safe and productive work environment, the Town strictly prohibits the manufacture,
distribution, dispensing, possession, sale or use of alcohol or illegal drugs on any Town premises, or
during working hours. This prohibition includes Town-owned vehicles or personal vehicles being
used for Town business or parked on Town property. In addition, the Town strictly prohibits any
employee from reporting for or being at work while under the influence of alcohol or any controlled
substance. This includes breaks or meals, paid or unpaid.

The only exceptions to this policy are:
1.      Alcohol use on Town property, such as public parks, either at a Town sanctioned or
private event or;
2.      The use of prescribed or over-the-counter drugs, or possession incident to such use if:
                       a.     The drug has been legally obtained and is being used for the purpose
                              for which it was prescribed and/or manufactured; and
                       b.     The drug is being used in the dosage prescribed or authorized; and
                       c.     The limitations are being followed in terms of safely operating


Town of Jackson, Wyoming                               page 44                 Policy Manual April 2009
                                 equipment or vehicles; and
                           d.    The use does not interfere with work performance.

The Town of Jackson shall provide 60 days notice to all current employees prior to
implementation of substance abuse testing. Substance abuse testing shall be included in
vacancy announcements. Notification of substance abuse testing is included with this Policy
Manual, shall be posted on the Town of Jackson’s Intranet page, shall be included in the job
vacancy announcement, the job application, and the offer of employment for all employees.
Copies of this Policy Manual including this substance abuse testing policy are available to all
employees either in hard copy upon request, or on the Town of Jackson’s Intranet site.

702. Testing

Employees and applicants for employment shall be subject to drug and alcohol testing policies and
procedures. As per federal mandate, employees required to be tested under the Federal Transit
Authority or the Federal Motor Carrier Safety Administration shall be entered into the Town’s
federally mandated drug and alcohol testing program administered through the Personnel Department
of the Town and described in a separate policy distributed upon entrance to that program. That
federally mandated testing program includes pre-employment, post accident, reasonable suspicion
and random testing. In addition, employees not covered by federal mandate shall be subject to pre-
employment, post-incident and reasonable suspicion testing as described below. These tests will be
conducted at the same facility and provider utilized by Town of Jackson for it’s federally mandated
testing program. All documentation related to testing for employees not already covered by the
federally mandated testing program shall be submitted to the Personnel Department for inclusion in
the employees confidential medical record file.

An alcohol test is considered positive if the employee has a verified positive alcohol test result of
0.01 or greater.

A drug test is considered positive if the individual is found to have a quantifiable presence of a
prohibited substance in his / her body above the minimum thresholds. To be determined positive, a
saliva, urine, blood or breath test must test positive in a screening test. With a positive test result, the
affected employee shall be provided an opportunity to offer a legitimate explanation for the positive
results.

All positive results will be reported to the Town of Jackson Personnel Director. All records in regard
to positive drug/alcohol results and any treatment program will be kept in a secured file and kept
confidential just as all other confidential personnel records are kept.

Prohibited drugs are those as specified in Schedules I and II of the Controlled Substances Act. (21
USCS § 812) For purposes of this policy, the term “drug,” at a minimum, shall include any of these
controlled substances, including the following:

         *Marijuana
         *Cocaine


Town of Jackson, Wyoming                                  page 45                  Policy Manual April 2009
           *Opiates (e.g., heroin, morphine, codeine)
           *Phencyclidine (PCP)
           *Amphetamines (e.g., racemic amphetamine, dextroamphetamine and methamphetamine)

All drug and alcohol testing, initial and confirmation, conducted in conjunction with this policy will
be at the Town of Jackson’s expense. All testing or alcohol and controlled substances will be
conducted in accordance with the requirements of 49 CFR Part 40, which procedures are designed to
protect the employee and the integrity of the testing process, safeguard the validity of the test results,
and ensure those results are attributed to the correct employee.

Pursuant to 49 CFR Part 40, the Town of Jackson may test for Amphetamines; Marijuana
(cannabinoids); Cocaine (benzolylecgonine); Opiates (codeine, morphine, heroin); PCP
(phencyclidine); Alcohol; or any controlled substance subsequently subject to testing pursuant to
drug testing regulations adopted by the United States Department of Transportation. In accordance
with these regulations, the following are the cutoff concentrations for initial and confirmation tests:

All cutoff concentrations are expressed in nanograms per milliliter (ng/mL)
     Type of       Drug       or       Initial Test                              Confirmation Test
     metabolite


     (1)           Marijuana               50
     Metabolites
       (i)            Delta-9-                                                           15
     tetrahydrocanna-binol-9-
     carboxylic acid (THC)
     (2) Cocaine Metabolites              300                                           150
     (Benzoylecgonine)
     (3) Phencyclidine (PCP)               25                                            25
     (4) Amphetamine                      1000
      (i) Amphetamine                                                                   500

      (II) Methamphetamine                                         500 (Specimen must also contain amphetamine
                                                                   at a concentration of greater than or equal to
                                                                   200 ng/mL.)
     (5) Opiate metabolites               2000
      (i)Codeine                                                                         2000
      (ii) Morphine                                                                      2000
      (iii) 6-acetylmorphine                                       10 (Test for 6AMM in the specimen. Conduct
     (6-AM)                                                        this test only when specimen contains morphine
                                                                   at a concentration of greater than or equal to
                                                                   2000 ng/mL.)




1.         Pre-Employment

All prospective Town of Jackson employees shall undergo a pre-employment drug test after a
conditional offer of employment has been made. Any prospective employee who has a “non-
negative” test, may at his/her discretion submit to an additional screening to verify the results of the


Town of Jackson, Wyoming                                 page 46                      Policy Manual April 2009
test. The prospective employee will be responsible for the cost of this additional testing if the urine
drug test is positive. Should that test be negative, the Town of Jackson will then retest the employee,
at the employee’s request and expense to confirm the results. Receipt of a negative drug test
conducted by the Town’s testing facility is required prior to employment. Prospective employees
failing to produce a negative test result shall have their conditional offer of employment withdrawn
and shall not be employed by the Town of Jackson.

The Town of Jackson requires all potential employees to sign a consent authorizing the Town to
obtain information concerning an employee’s prior history of drug and alcohol involvement at work.
 Further, upon receipt of a signed, notarized release, the Town of Jackson will share similar
information with subsequent employers should they request information. The information sought
and shared will include the following: all alcohol test results of .01 or greater, all positive controlled
substance test results, all instances in which the employee refused to submit to a drug and/or alcohol
test, return-to-duty results if applicable, and all negative test results.

If an applicant has a non-negative test result for a pre-employment test, the Town of Jackson
will provide to the applicant the name, address and phone number of the qualified Substance
Abuse Professional (SAP) utilized by the Town for its federally mandated testing program.

Applicants and employees will be informed in writing of the testing requirement prior to conducting
the tests.

Applicants will be notified of the requirement for a pre-employment test in their conditional
offer of employment. They must sign this conditional offer acknowledging that they know they
will be tested as a condition of employment. Applicants will not proceed further in the hiring
process if they have not signed and dated their conditional offer.

If a pre-employment drug test is canceled, the Town of Jackson will require the applicant to retake
and pass another test before being hired. An applicant or employee being transferred to another team
within a Department or to another Department must also take a pre-employment test.

An applicant who has previously failed or refused a pre-employment drug test must provide the
Town of Jackson proof of having successfully completed a referral, evaluation and treatment plan
before the Town will consider or reconsider employment.


2.       Post-Incident

Employees shall not consume illegal drugs or alcohol up to eight hours following an incident or
until the employee undergoes a post-incident test, whichever occurs first. An employee who has
a positive confirmed test result for a post-incident test shall be immediately suspended.
Suspension may be with pay or without pay until a determination is made regarding continued
employment. The Town of Jackson may impose disciplinary actions including termination, at its
discretion.




Town of Jackson, Wyoming                                 page 47                 Policy Manual April 2009
Post-incident testing is mandatory for incidents where there is loss of life. While waiting for an
employee’s substance abuse test results, that employee must be removed from performing any duties
that might cause injury to his or herself or cause injury to the public as determined by the employee’s
Department Director. The employee will be transported to the collection site by a Department
Director or Supervisor or someone designated by the Department Director or Supervisor.

An incident is defined as any event in the workplace or involving a Town-owned asset in which any
of the following apply:

         An individual dies
         An individual suffers a serious bodily injury.
         If a Town of Jackson vehicle or another vehicle incurs disabling damage as a result of the
                 incident and is transported away from the scene by a tow truck or other vehicle
         If the employee received a citation within eight hours of the incident for a moving violation
                 arising from the incident
         If an injury report is filed with the Wyoming Worker’s Compensation Division due to the
                 incident.


Disabling damage means damage that precludes departure of any vehicle from the scene of the
occurrence in its usual manner in daylight for repairs. Disabling damage includes damage to vehicles
that could have been operated but would have been further damaged if so operated.

Disabling damage does not include damage that could be remedied temporarily at the scene of the
occurrence without special tools or parts; tire disablement without other damage even if no spare tire
is available; or damage to headlights, tail lights, turn signals, horn, or windshield wipers that makes
them inoperative.

The definition for serious bodily injury shall be that as defined by Wyoming State Statutes but
generally refers to bodily injury which creates a substantial risk of death or which causes miscarriage,
severe disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Post-incident drug and alcohol test must be performed as soon as possible. Alcohol tests must be
conducted first. Alcohol tests must be performed within eight hours. Drug tests must be performed
within 32 hours following the incident.

If an alcohol test is not administered within two hours following the incident, the Town of Jackson
must still attempt to administer the test and must also prepare and maintain on file a record stating
the reason(s) the test was not promptly administered. If an alcohol test is still not administered
within eight hours following the incident, the Town of Jackson will cease attempts to administer an
alcohol test and will update the same record.

Drug tests must be performed within 32 hours following the incident. Any employee who leaves the
scene of the incident without justifiable explanation prior to submission to drug and alcohol testing
will be considered to have refused the test.


Town of Jackson, Wyoming                               page 48                 Policy Manual April 2009
The requirement to test for drugs and alcohol following an incident is in no way intended to
delay necessary medical attention for injured people or prohibit an employee from leaving the
scene of an incident to obtain assistance in responding to the incident or to obtain necessary
emergency medical care. However, the employee must remain readily available, which means
the Town of Jackson knows the location of the employee.

3.       Reasonable Suspicion

The Town of Jackson will test employees when a trained Town of Jackson official has reasonable
suspicion that the employee has used a prohibited drug or misused alcohol. The decision to test
someone under reasonable suspicion is made by the Department Director with input from the
supervisor.

A reasonable suspicion test is required when a trained Town of Jackson official can evaluate specific,
contemporaneous, and articulated observations concerning appearance, behavior, speech, or body
odors of the employee. The Town of Jackson official must be trained on the facts, circumstances,
physical evidence, physical signs and symptoms or patterns of performance and/or behavior
associated with drug use and/or alcohol misuse.

Once the employee is notified by a Town of Jackson official that he/she must submit to a reasonable
suspicion test, the alcohol test must be completed within two hours or a note must be made in the
record as to why the test has not been completed. If the alcohol test is not completed within eight
hours, the employer must cease attempts to test and make note in the record of why no test was
completed. The absence of a test does not preclude the Town of Jackson from addressing the
underlying issues related to performance.

While waiting for an employee’s substance abuse test results, that employee must be removed from
performing any duties that might cause injury to his or herself or to the public as determined by the
Department Director.

An employee who has a positive confirmed test result for a reasonable suspicion test shall be
immediately suspended. Suspension may be with pay or without pay until a determination is made
regarding continued employment. The Town of Jackson may impose disciplinary actions including
termination, at its discretion.

703. Refusal to Submit to a Test

The following behaviors will constitute a refusal to submit to a drug or alcohol test (not inclusive of
pre-employment testing):

 1)      Refusal to take the test when directed to;
 2)      Failure to provide sufficient quantities of breath (alcohol) or urine (drug) to be tested when
         prescribed testing procedures have been followed and without a valid medical excuse;
 3)      Leaving the scene of an incident, without valid reason, before the tests have been conducted;


Town of Jackson, Wyoming                               page 49                 Policy Manual April 2009
 4)      Any refusal to cooperate with the testing procedure in a way that prevents the completion of
         the test;
 5)      Failure to remain at the testing site until the test is complete;
 6)      Failure to permit the observation or monitoring of specimen donation when so required;
 7)      Failure to take a second test required by the employer or collector;
 8)      Submitting a specimen that is verified by the Town’s Medical Review Officer as adulterated
         or substituted;
 9)      Failure to undergo a medical examination when required by the Town’s Medical Review
         Officer or the Town of Jackson;

Refusal to test will constitute a verified positive drug test result. Following a positive test result
the employee will be referred to a Substance Abuse Professional (SAP) and further disciplinary
action may occur.

Medical Review Officer (MRO) means a person who is a licensed physician and who is
responsible for receiving and reviewing laboratory results generated by the Town of Jackson’s
drug testing program and evaluating medical explanations for certain drug test results.

Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a
Town of Jackson drug and alcohol regulation and makes recommendations concerning education,
treatment, follow-up testing, and aftercare.

D. Contesting Results

An employee or applicant who receives a positive confirmed test result may contest or explain
the result to the employer within five working days after written notification of the test result.

704. Legal Drugs

The misuse or abuse of legal drugs while performing Town of Jackson business is prohibited. The
appropriate use of legally prescribed drugs or non-prescription and/or over-the-counter medications
is not prohibited. Nonetheless, the fact a drug is prescribed and being used in compliance with said
prescription is not a defense if the drug impairs the employee’s ability to perform his or her job
safely and/or properly. Employees are encouraged to enter into a dialogue with their physician or
pharmacist regarding the side effects of medications and to inquire into potential alternative
treatments that will not jeopardize the individual’s ability to safely perform their job functions. The
use of any substance which carries a warning label that indicates that mental functioning, motor
skills or judgment may be adversely affected must be reported to supervisory personnel. Medical
advice and written authorization from the attending physician may be sought by the employee, as
appropriate, before performing duties.

A list of some of the medications that have been identified by the National Transportation Safety
Board and the Federal Transit Authority as medications of concern is available to employees upon
request and is posted on the Town of Jackson Intranet site.




Town of Jackson, Wyoming                               page 50                 Policy Manual April 2009
705. Contact Information

Any questions regarding this policy or any other aspect of the Town of Jackson’s drug free and
alcohol free program should contact the Personnel Director, the Special Projects and Personnel
Coordinator or the START Administrative and Marketing Coordinator. Any of these individuals can
provide further information on these testing procedures as well as contact information for Medical
Review Officers, testing professionals and Substance Abuse Professionals. The main phone number
for reaching these personnel is (307) 733-3932. The Town of Jackson policies regarding drug and
alcohol testing are abridged from the policy used for START Drivers operating under the Federal
Transit Authority. A complete FTA policy is available upon request.

706. Employee Assistance Policy

The Town recognizes that healthy employees are productive employees. If an employee has a drug
or alcohol problem and voluntarily admits this problem to the Town and asks for help in obtaining
treatment, the Town will attempt to motivate the employee to seek help and will assist the employee
in finding appropriate treatment. The Town may cover the cost of an initial assessment, but the
treatment will be at the employee’s expense. Each situation will be dealt with on its individual
circumstances and may include Family and Medical Leave Act (FMLA) coverage, as appropriate.
The Town of Jackson shall post information on the Intranet site related to resources available to
employees designed to assist with personal or behavior problems.

707. Confidentiality

If an employee voluntarily seeks help for an alcohol abuse issue, use of an illegal drug, or a
substance abuse issue, confidentiality will be maintained at the highest standard. All tests,
reasons for tests and test results will be treated with the same confidentiality as other confidential
personnel matters.




Town of Jackson, Wyoming                               page 51                Policy Manual April 2009
Section 8 - HOURS OF WORK AND OVERTIME

801. Attendance and Punctuality

Dependable attendance and punctuality are expected of all employees. If problems arise relating to an
employee's attendance or punctuality, the supervisor or manager should not delay in taking corrective
action.

802. Overtime Policy

The Town will compensate employees for hours worked in excess of 40 who are not exempt from
the provisions of the Fair Labor Standards Act (FLSA) with pay at the rate of one and one-half times
the hours worked. Allowing the employee to choose comp time will be granted by the Department
Director prior to the work being performed. This approval can be granted on a case-by-case basis or
in a blanket policy within the Department. The choice of overtime pay cannot be denied as per the
Fair Labor Standards Act.

Employees who do not work over their set number of hours in the official work week shall be
allowed to accumulate compensatory time hours if those hours are taken in compensatory time
during that same official work week.

Any planned overtime must be approved in advance of the work being performed. Supervisors shall
make every effort to see that work is accomplished within the established workweek or period.
However, the Town recognizes that various work situations may dictate the number of hours needed
to provide Town services.

For questions concerning overtime provisions related to the Fair Labor Standards Act, see the Fair
Labor Standards Act on the Department of Labor’s website.

The exempt or non-exempt status of any particular employee must be determined on the basis of the
nature of work performed, the duties and responsibilities assigned, and the terms or conditions of
employment. It is the responsibility of the Personnel Director to determine which positions are
exempt from the Fair Labor Standards Act utilizing the definitions and tests outlined by the Fair
Labor Standards Act.

Employees must accurately account for the time worked on their time sheet, reporting to the nearest
quarter hour. Any time worked in excess of 40 hours per week must have prior approval.

803.     Net Pay

The Town shall utilize Net Pay for all employees. Net Pay is where the employee’s pay and leave
time use is netted together so that the employee gets paid for as close to 80 hours for the pay period
as possible thereby conserving any PTO, Comp Time or other leave for another pay period.




Town of Jackson, Wyoming                              page 52                 Policy Manual April 2009
804. Holiday Pay

The schedule of holidays observed by the Town is found later in this policy under the section
describing the different types of leave. Employees not normally scheduled to work on a holiday may
be allowed to work on a holiday with the prior approval of their Department Director. Employees
working on a holiday may be allowed to cash in an equivalent number of Paid Time Off (PTO) hours
to match those that they worked on the holiday regardless of what overtime they may already be
entitled to or even if they have not worked 40 hours in the week, if they have Department Director
approval. PTO cash-in on a holiday is also subject to appropriation within the budget.

805. Call-Out Pay

When an employee is called out, all work performed shall be at two times the normal rate of pay, and
a minimum of two hours pay at twice the normal rate shall be guaranteed. A call-out requiring more
than two hours will be paid based on actual hours worked, i.e., a 3-hour call-out will earn that
employee two hours of double pay and one hour of overtime.. If while on a call-out, the employee is
sent to an unrelated problem area, that too, is part of the initial call-out. Only when the employee has
been dismissed from duty, then is called out again does the employee accrue another minimum two
hours of double time. Work performed under Call-Outs shall be received in wages unless prior
approval has been granted by the Department Director for compensatory time. If the Call-Out occurs
on a holiday, with the prior approval of the Department Director, an employee may cash in an
equivalent number of PTO hours for those they worked. A call-out counts as hours worked for the
minimum of two hours and any additional time over two hours actually worked.

806. Stand-By Pay

Each Department Director shall communicate the stand-by schedule and related requirements to the
employee in writing. Employees on stand-by status shall be compensated at the normal wage rate per
the FLSA. Upon call-in from stand-by status, employees are compensated according to paragraph F.
Call-In Pay, of this section.

807. Call-in Pay

Any employee called-in from stand-by status shall be guaranteed two hours pay at time and one half
times their regular rate of pay or paid for actual hours worked in excess of two hours at time and one
half times their regular rate of pay. Work performed under Call-Ins shall be received in wages unless
prior approval has been granted by the Department Director for compensatory time. A call-in counts
as hours worked for the minimum of two hours and any additional time over two hours actually
worked.

808. Subpoena Pay

Any employee subpoenaed for work-related purposes requiring presence in court outside of
scheduled shift shall be guaranteed two hours pay at time and one half times their regular rate of pay,
or paid for actual hours worked in excess of two hours at time and one half times their regular rate of


Town of Jackson, Wyoming                               page 53                 Policy Manual April 2009
pay. Work performed under this capacity shall be received in wages unless prior approval has been
granted by the Department Director for compensatory time.

809. Unauthorized Work

Employees shall not work outside of regularly scheduled hours without their supervisor's permission.
Non-exempt positions shall not perform work at home or out of their normal work environment
without approval from their Department Director. Employees granted telecommuting authorization
are subject to the working hours and conditions set forth in their agreement.

810. Paid Time Off (PTO) and Compensation

Use of Paid Time Off (PTO) will not be counted as time worked. As necessary, an employee’s PTO
will be charged for the number of hours needed to get them to the total for their pay period. If they
have no PTO available to them, then Comp Time will be charged. For example, if a 5-day/week
employee worked four hours on a Monday holiday and then worked their normal hours the rest of the
week, four hours would be deducted from their PTO and paid to the employee in order to make up 40
hours for the pay period. Employees are responsible for accurately reporting their absences on their
time sheet and obtaining their Department Director’s approval for absences. Employees indicating
absences or leave on their timesheet without sufficient approved leave to cover those absences shall
have a notation placed in their personnel file. Supervisors who approve timesheets for employees
that indicates leave time that the employee does not have available to them more than two times in a
fiscal year shall have a notation placed in their personnel file.

811. Record Keeping for Hours Worked

Records of hours worked and wages paid are required to be kept for each employee subject to this
policy. Records shall be preserved pursuant to the Records Retention Schedule of the State of
Wyoming.

812. Travel Time

Travel time will be compensated per the Fair Labor Standards Act unless otherwise stipulated by this
policy. When travel takes an employee to a location overnight, they will be allowed a $5 per day
personal convenience allowance to cover things such as phone calls home.

813. Compensatory Time

All non-exempt employees may accumulate compensatory time up to a maximum of 40 hours if their
Department Director has given authorization for Comp Time accumulation. Prior to a pay increase
being received, employees will be paid for the entire balance of compensatory time they have
accumulated. They can receive these payments in the form of a check or in deferred compensation.




Town of Jackson, Wyoming                              page 54                Policy Manual April 2009
Section 9 - SEPARATION FROM EMPLOYMENT

901. Employment At Will

As part of the employment at-will policy, the terms and conditions of employment that may be
changed with or without cause and with or without advance notice include, but are not limited
to, termination, demotion, promotion, transfer, reassignment, compensation, benefits, duties
and location of work.

902. Types of Separation

All separations of employees in the service of the Town shall be designated as voluntary or
involuntary.

903. Resignation

Employees are encouraged to give as much notice as possible when resigning, and at a minimum,
two weeks notice. Any use of paid leave in the employee’s last scheduled 80 hours must have prior
approval from the Department Director, Personnel Director and Town Manager. Use of paid leave in
an employee’s last scheduled 80 hours shall be prorated based on when the separation falls during
the fiscal year. It is not the intent of the PTO system to allow employees to give their separation
notice and then utilize whatever PTO is on the books prior to leaving. Resigning Department
Directors are encouraged to give one month's notice. Final pay may be reduced by charges for
equipment, uniforms, etc. that have not been paid for or returned or for other amounts owed the
Town as previously set forth in a signed agreement. A resignation may be withdrawn if approved by
the Town Manager prior to the effective date.

904. Abandonment

An employee who is absent from work three consecutive days without reporting to the employee’s
supervisor the reason for the employee’s absence shall be considered absent without leave and
therefore may be terminated.

905. Termination

An employee may be terminated from Town service at any time for any reason or for no reason.
Terminated employees are not eligible for the 40-hour buyout of PTO hours.

906. Reduction in Force

In the event a reduction in force situation should occur, employees shall be laid off as specified by
the Town Manager. Employees who are laid off because of a reduction in force shall be given at
least two weeks notice of anticipated lay-off and shall be given first opportunity to return to work
should an opening become available commensurate with their skills.




Town of Jackson, Wyoming                              page 55                Policy Manual April 2009
The Town Manager shall prepare and implement lay-off procedures due to a lack of funds, lack of
work, reorganization, or any other reason he deems appropriate. The Town Manager shall determine
the number and kind of positions to be affected.

907. Retirement

An employee who is planning to retire should submit written notification to the Town Manager
ninety (90) days prior to the planned effective retirement date or as soon as possible if earlier than 90
days.

The Town of Jackson may offer retirement incentives or benefits associated with retirement at any
time the Town Manager deems appropriate due to economic/revenue situations or organizational
needs. Any incentive or benefit program established shall be prepared by the Personnel Director and
shall require Town Manager approval.

908. Death

All compensation due to an employee who dies while employed by the Town will be paid to the
estate of the deceased employee. The estate shall be determined by the beneficiary listing on the life
insurance policy the Town of Jackson provided to the employee. The date of death shall be recorded
as the separation date for computing compensation due.

909. Exit Interview

Exit interviews will be conducted with employees separating employment in order to obtain
information relevant to working conditions and environment, supervision, Town of Jackson Values,
turnover, or other issues deemed important by managers. The exit interview may occur prior to the
employee’s last day of employment or after employment has been separated. Exit interviews shall be
conducted by the Personnel Department. Information obtained from the exit interview will be
shared with appropriate personnel within the organization for the purpose of helping the Town and
its various work units operate more effectively and efficiently, unless the employee specifically
requests certain information remain confidential.

910. Final Payment

When an employee separates from employment with the Town, authorization will be given by the
Personnel Director to prepare the final check. Any PTO paid out shall be pursuant to the Separation
from Employment Buyout subsection under PTO. Upon authorization from the employee’s
Department Director and/or Personnel Director, the Finance Department shall deduct and withhold
from the final paycheck any amount owed the Town for group insurance premiums, unreturned
Town-issued equipment, rental payments, damages to Town owned rental property, uniforms, and/or
any other reimbursable amounts. The final paycheck may be held for five working days after
termination so the extent of debt can be determined and cleared. Final checks for separations other
than termination shall be deposited pursuant to the employee’s direct deposit agreement with the
next regular payroll.


Town of Jackson, Wyoming                                page 56                 Policy Manual April 2009
Final checks for terminated employees shall be direct deposited within 72 hours of termination.

911. Reimbursement for Training

The Town reserves the right to require reimbursement for training costs and conferences should the
employee leave the employment of the Town prior to 18 months. Each case will be dealt with on an
individual basis prior to attendance. Department Directors are responsible for obtaining and tracking
agreements for reimbursement with copies provided to the Personnel Director. In cases where
reimbursement is required, employees will sign an agreement prior to attendance that spells out the
details of the reimbursement. Reimbursement for training may also be spelled out in the employee’s
offer of employment.

When an employee notifies the Town that they plan to separate employment, their Department
Director will submit a written recommendation to the Personnel Director on whether reimbursement
should be required or not for training costs that have occurred in the past 18 months and that have
been agreed upon. Department Directors will make their recommendation using the following
criteria, but they are not limited to what is listed below, other factors may also be considered.

        Cost
        Benefit to organization
        Length of Service of employee
        Requirement for position
        Maintenance of professional licensure
        Conference or Class
        # of training sessions attended by employee
        Employee’s performance history

The Personnel Director and Town Manager will make a final determination on the details of the
reimbursement. Previously agreed upon reimbursement may be forgiven due to individual
circumstances such as separation from employment for health related issues, etc.           This
reimbursement for training shall in no way change the at-will employment status of employees.

912. Reimbursement for College Courses

The Town promotes and encourages further education for college credit from an accredited college
or university. With prior written approval of the Personnel Director and approved budget
appropriation, the Town shall reimburse employees for a portion of the expenses related to tuition
and class materials upon proof of a satisfactory Pay Band of a C or higher and submittal of proof of
payment. Reimbursement for courses related to an employee’s field of work shall be reimbursed at
75% of the cost. Reimbursement for courses unrelated to an employee’s field of work shall be
reimbursed at 50% of the cost. The Personnel Director will make the determination on whether the
courses relate to the employee’s field of work with input from the Department Director. Department
Directors will notify the Personnel Director in writing prior to March 1 of each year so that the
requested amount can be submitted with the proposed budget. Employees separating employment


Town of Jackson, Wyoming                               page 57               Policy Manual April 2009
from the Town at their own choosing prior to 18 months of employment after reimbursement has
been provided will be required to repay the Town for the full amount of the reimbursement. Upon
budget approval, the Personnel Director shall notify employees of the amount authorized for them for
the fiscal year.




Town of Jackson, Wyoming                             page 58                Policy Manual April 2009
Section 10 - DISCIPLINARY AND PERFORMANCE RELATED ACTIONS

1001. Employment At Will

As part of the employment at-will policy, the terms and conditions of employment that may be
changed with or without cause and with or without advance notice include, but are not limited
to, termination, demotion, promotion, transfer, reassignment, compensation, benefits, duties
and location of work.

1002. Disciplinary Actions

Disciplinary actions may be initiated as deemed necessary by the Town with or without cause at the
sole discretion of the Town. Depending upon the circumstances, one or more of the following kinds
of disciplinary actions may be taken: suspension without pay, demotion, or termination. An
employee can be terminated at any time for any reason or for no reason. The Department Director
shall recommend disciplinary actions in writing to the Personnel Director, and they require the Town
Manager’s approval. Suspension without pay does not count as hours worked.

Prior to termination, an employee shall be offered an informal pre-termination hearing before the
Town Manager and Personnel Director. At the hearing, the employee will be able to state their
reasons as to why the termination should not take place.

An employee may be suspended without pay and without prior notice if the employee engages in
personal conduct detrimental to service with the Town, to avoid undue disruption of work, or to
protect the safety of persons or property. An employee suspended without pay may be asked to turn
in access/entry keys depending upon the situation.

1003. Performance Related Actions

Performance related actions include, but are not limited to, oral or written counseling, suspension
with pay (Administrative Suspension or Administrative Leave), transfer, or re-assignment.
Department Directors or their designee can take these performance related actions. However, the
duration of the performance related action requires the Personnel Director’s review and the Town
Manager’s approval. Suspension with pay does not count as hours worked. An employee suspended
with pay must provide contact information to the Town and remain available to the Town, unless
other arrangements have been authorized.

All disciplinary and performance related actions must be documented and submitted for inclusion in
the employee’s personnel file.

1004. Investigations of Reported Misconduct

Each employee agrees to fully cooperate with any such investigation and to speak with all candor to
the investigating person regarding the questions and issues presented. Individuals who make false
allegations, claims, reports or statements during the course of an investigation are subject to


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discipline, which may include termination. In addition, a refusal to cooperate fully may lead to
discipline, including termination.




Town of Jackson, Wyoming                           page 60               Policy Manual April 2009
Section 11 - EMPLOYEE RECOGNITION PROGRAM

1101. General Policy

Awards are given to recognize alignment with the Town of Jackson Values, Mission, and Purpose,
and to enhance organizational climate and employee morale. Awards may be given for individual or
group recognition.

1102. Responsibilities

    1. The Town Manager, Department Directors, those in supervisory positions in the
       organization, and review committees are responsible for maintaining the integrity of the
       Recognition Program consistent with the stated awards policies and providing fair and
       equitable consideration to all employee and group accomplishments.
    2. All employees (both supervisory and non-supervisory) are responsible for identifying,
       nominating, and providing peer input on actions and behaviors in alignment with the Town
       of Jackson Values deserving recognition.
    3. The Personnel Director is responsible for Recognition Program budget formulation;
       administration of the program; ongoing evaluation of the effectiveness of the awards
       program; and providing communication, training and reference material on the Recognition
       Program.
    4. Review Committees are responsible for assuring approved nominations are consistent with
       awards criteria, relevant information has been considered in reviews, and integrity for the
       review process is maintained.

1103. Types Of Awards

Employee recognition may be given at the organizational wide level or at the departmental level.
The types of awards are listed below.

    1. Time-off awards may be given at the department level and require the Department Director’s
       approval. A copy of the documentation for Time-off Awards will be placed in the employee’s
       personnel file.
    2. Employee Recognition Awards are given at the organizational level. A copy of the
       documentation for Employee Recognition Awards will be placed in the employee’s personnel
       file, regardless of whether they received the reward.

1104. Time Off Award (TOA)

    1. A TOA is given in the form of Paid Time Off (PTO) and is an excused absence granted to an
       employee to recognize superior accomplishments or other personal efforts that contribute to
       the quality, efficiency, economy of government operations, or that exemplify the Town of
       Jackson Values. Primarily, it is to be used to recognize an employee contribution that is of a
       one-time, nonrecurring nature.
    2. A TOA may be granted in amounts of 0 to 24 hours for a single contribution for a full-time


Town of Jackson, Wyoming                              page 61                Policy Manual April 2009
        employee. For part-time employees, the award will be prorated accordingly.
     3. A full-time employee may be granted up to a total of 24 hours of additional PTO each fiscal
        year for this award. A part-time employee’s time-off will be prorated appropriately based on
        a regular week’s schedule.
     4. As with other PTO, time taken must be scheduled with the approval of the supervisor. PTO
        does not count as hours worked. The leave does not carry over from fiscal year to fiscal year.
         The leave cannot be given or used to facilitate the buyout in June of each year and cannot be
        converted to a cash payment under any circumstances.

1105. Employee Recognition Awards

1.        Special Note Of Acknowledgement And Praise (SNAP) Award

     a.       A SNAP Award is designed to provide employees with a tool to give quick and lasting
              recognition to an employee who has exemplified a Town Value through posting of a
              SNAP Note on the message board in the employee’s department.
     b.       SNAP Notes can be written for any employee by any employee. The note is posted by
              the person writing the note with a copy also posted on the SNAP Board in the Town
              Council Office.
     c.       A representative of each Department will be designated to remove the notes on a monthly
              basis. The notes are then provided to the Personnel Director for inclusion in the
              employee’s personnel file.

2.        Length Of Service Awards

     a.       This recognizes length of service with the Town organization. All employees are eligible
              for this award.
     b.       This recognition is calculated/determined by the Personnel Director with input/assistance
              from payroll personnel and Department Directors.
     c.       These awards are presented at an all-employee gathering.

3.        Retirement Plaques/Gifts/Gatherings

     a.       This recognition is given at time of retirement for contributions to government service
              over the length of the employee’s career. The type of plaque and/or gift is dependent on
              the length of service and employee work history.

4.        Special Value Awards

     a.       Special Value Awards are designed to recognize one employee each year from the
              organization that has set the example for each individual Value for the Town. By setting
              the example, the employee has demonstrated, either on duty or off duty, behaviors that
              exemplify a value and that reflect well on the Town. The number of special value awards
              will depend on the nominations and the selection process.
     b.        Awards will be determined through nominations. An employee may nominate any other


Town of Jackson, Wyoming                                page 62                Policy Manual April 2009
              employee working for the Town. A nomination form will be prepared and posted on the
              Intranet. The form will require information, including the nominator’s name and
              department, nominee’s name and department, which of the Town of Jackson Values have
              been demonstrated, and a short narrative supporting the nomination in 100 words or less.
               Nomination forms are then submitted to the Personnel Director.
    c.        The Personnel Director will provide a copy of the nomination form to the Department
              Directors involved and will place a copy of the nomination form in the nominee’s
              personnel file. The nomination form is also to be posted on the Town Intranet page.
    d.        In November, an employee review committee will meet and select one employee from
              each nominated category.




Town of Jackson, Wyoming                                page 63                Policy Manual April 2009
Section 12 - SAFETY PROGRAM

1201. Safety Program

Since it is to the benefit of both the Town and its employees that all Town activities be performed in
a safe manner, the Town has established an accident prevention/safety program with the goal of
preventing and reducing on-the-job incidents and injuries. The objectives of the program are to:

1.       Provide a physically safe environment for Town employees,

2.       Increase employees' level of awareness concerning safety and safe working habits, and

3.       Record and monitor the Town's incidents for the purpose of designing and maintaining an
         incident prevention program.

1202. Safety Orientation

During the employee orientation, all new employees will be presented with general and departmental
specific safety rules. The general rules shall be prepared by the Safety Committee and shall be
reviewed annually.

1203. Working Conditions

Department Directors, supervisors, and safety representatives shall be responsible for providing safe
and suitable working conditions within their means and for making recommendations to the Town
Manager for the alleviation of unsafe or unsuitable conditions not within their means of correction.
Employees have the responsibility to safely perform their duties, to practice safe working habits, and
to bring to the attention of their supervisor any unsafe working conditions or practice.

1204. Safety Equipment

The Town shall supply whatever safety equipment or specialized clothing it deems necessary to
allow an employee to safely perform the employee’s duties and responsibilities.

The employee's supervisor shall be responsible for seeing that safety apparel and equipment is both
used and used properly. Employees working in areas involving construction, repair, or where it is
determined that a safety hazard may exist shall wear clothing and/or apparatus which conforms to
OSHA requirements. Uniforms required by departmental policy, as well as safety equipment
required by OSHA, shall be supplied by the Town.

Employees riding in Town vehicles are required to wear seat belts.

1205. Evaluating Employee Safety

On annual evaluations the employee shall be evaluated as to the employee’s conformance with safety


Town of Jackson, Wyoming                              page 64                 Policy Manual April 2009
rules and regulations.

1206. Safety Committee

A safety committee shall be appointed by the Public Works Director, Chief of Police, Finance
Director, and Personnel Director in January of each year and shall meet once per month to review all
incidents from which liability insurance claims, vehicle insurance claims, or Worker’s Compensation
claims are filed. This committee shall be made up of a cross section of employees from all
departments.




Town of Jackson, Wyoming                             page 65                Policy Manual April 2009
Section 13 - EMPLOYEE BENEFITS

1301. Employment At Will

As part of the employment at-will policy, the terms and conditions of employment that may be
changed with or without cause and with or without advance notice include, but are not limited
to, termination, demotion, promotion, transfer, reassignment, compensation, benefits, duties
and location of work.

The benefits described herein are provided at the sole discretion of the Town of Jackson and
this Policy Manual is not and should not be interpreted to be an assurance, promise, or
guarantee of an obligation to continue to provide such benefits. The Town reserves the right to
change, amend, or discontinue the medical benefits it offers to its employees at anytime,
including payment of the premium for an eligible employee’s coverage. The Town ‘s right to
make these changes is not limited by an employee’s length of service, or by an employee’s
reliance on the availability of these benefits in deciding whether to accept, continue, or retire
from employment with the Town.

1302. Group Health Insurance

The Town shall make medical insurance coverage available to all full-time employees, regular part-
time employees and elected officials. Benefits for regular part-time employees working less than 32
hours per week shall be pro-rated on the basis of hours worked as a fraction of 2080 hours. With the
Department Director, Personnel Director and Town Manager approval, an employee may receive
authorization to work between 32 and 40 hours per week and still receive benefits. Any employee
authorized to work a schedule of less than 40 hours per week shall have leave time available to them
pro-rated, including PTO. Any requests for reduced schedules shall be presented by the Department
Director to the Personnel Director and they require the Town Manager’s approval.

Employees other than full-time, regular part-time or elected officials are not eligible for group
insurance under the Town. Those not eligible include, but are not limited to seasonal START Bus
drivers, seasonal Street Operators, temporary staff/temporary employees, part-time staff working less
than 1040 hours, and any other position not approved for benefits in the budget.

Under the Consolidated Omnibus Reconciliation Act (COBRA), health benefits must, under certain
circumstances, be continued at the employee's or dependent's request and expense after separation of
employment. The Town adheres to the regulations of COBRA. The current health insurance
coverage, at the rate stipulated by COBRA, must be offered at the employee's expense for 18 months
if:

1.       Employment is separated.

2.       Hours worked are reduced causing the employee to become ineligible under terms of the
         plan.




Town of Jackson, Wyoming                              page 66                Policy Manual April 2009
Coverage for dependents, at the dependent's expense, may be extended for 18 months if their
coverage is terminated due to:

1.       Death of covered employee.

2.       Divorce or legal separation.

3.       Employee's entitlement to Medicare.

4.       A dependent child ceases to be a dependent under the terms of the plan.

1303. Group Life Insurance

The Town will provide life insurance to all full-time employees with no premium contribution from
the employee. Regular part-time employees will be offered life insurance but are required to make
premium contributions on a pro-rated basis of hours worked as a fraction of 2080 hours.

1304. Retirement Plan

The Town is a member of the Wyoming Retirement System and the retirement plan shall be
administered pursuant to the Wyoming Retirement System.

1305. Workers' Compensation

All employees employed in positions covered under the Wyoming Worker’s Compensation Act are
eligible for benefits in accordance with that act.

1306. Health and Wellness

The Town of Jackson recognizes that healthy employees are productive employees and the Town
provides wellness benefits and programs to reinforce that message. Benefits related to health and
wellness may change from time to time due to budgetary constraints and administrative decisions.




Town of Jackson, Wyoming                             page 67                Policy Manual April 2009
Section 14 - PAID TIME OFF (PTO) AND OTHER LEAVE

1401. Employment At-Will

As part of the employment at-will policy, the terms and conditions of employment that may be
changed with or without cause and with or without advance notice include, but are not limited
to, termination, demotion, promotion, transfer, reassignment, compensation, benefits, duties
and location of work.

1402. Paid Time Off (PTO)

PTO is paid leave equivalent to 100% of the employee’s wage earned. On July 1 of each year, all
PTO hours for the upcoming year will be placed in the employee’s bank. Use of PTO requires
Department Director approval. Use of PTO after expiration of FMLA requires Department Director
approval and notification to the Personnel Director and Town Manager prior to the absence occurring
if it is more than a one-day absence. Hours will be allocated as follows:

Base Hours
Less than five Years of Employment Completed                               232
Five Years of Employment Completed or Exempt Employee Hired at Higher Rate 288

Longevity Hours (Must be uninterrupted & consecutive)
6 - 9 Years Completed                                                                     10
10 - 14 Years Completed                                                                   20
15 Years Completed                                                                        40

For example, an employee who has been employed for 13 years will receive 308 hours on July 1.
Employees who reach their 3, 5, 10, and 15 year anniversaries mid fiscal year, will have their hours
pro-rated and applied on July 1.

Because PTO will be used when an employee is sick, it may not always be possible to receive prior
approval. Employees are required to notify their supervisor as soon as practical prior to the
beginning of their regular workday if they are unable to work. PTO can be used for any reason and it
replaces vacation, sick and holiday leave. Employees who come to work and are obviously either
unable to work because of an illness or injury or their obvious illness may lead to others getting ill,
may be sent home and required to use PTO at the discretion of the Department Director. The Town
reserves the right to send the employee to a doctor of the Town’s choosing at the Town’s expense.
Before an employee will be allowed to return to work after an absence of more than three days due to
surgery or a medical procedure or off for any period of time due to a Worker’s Compensation injury,
they must present a note from their doctor indicating that they are cleared to return either to light
duty or to full and unrestricted duty. If light duty, the note must indicate the restrictions. Light duty
is further discussed under the Injury Leave portion of this section. The three day requirement does
not preclude the Town’s ability to require a medical evaluation and release any time an employee’s
performance seems to be impacted by a suspected medical condition.




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Employees who planned to utilize PTO, obtained approval from their Department Director for that
PTO utilization, and had the PTO use canceled because of an operational necessity by the Town, will
be allowed the option of cashing that time in for payment at the end of the fiscal year. Every effort
should be made to reschedule the leave during the same fiscal year. A written recommendation from
the Department Director must be submitted to the Personnel Director for approval for payment.

Employees are required to supplement all or a portion of unpaid Family Medical Leave with
appropriate paid leave to a certain level. When an employee is placed on unpaid Family Medical
Leave, the Personnel Director shall calculate the amount of PTO the employee will be required to
utilize to supplement the unpaid Family Medical Leave by taking the number of PTO hours left in
the employee’s accrual at the time of leave and dividing it in half. This calculation will create a floor
of hours that will not be required to be used for supplementation of unpaid Family Medical Leave.
Any qualifying event for Family Medical Leave in the next 12-month period will be supplemented
with PTO until the floor is reached. Should the absence carry over to the next fiscal year, the same
calculation will be made at the beginning of the fiscal year using the total number of hours allocated
to the employee. For example, PTO shall be used concurrently with unpaid Family Medical Leave to
supplement insurance payments such as Short Term Disability Insurance, Long Term Disability
Insurance or Worker’s Compensation. Upon return from FMLA, within 15 days the Department
Director will discuss with the employee any foreseeable use of PTO for the remainder of the fiscal
year. Upon expiration of FMLA, any absence covered by PTO that is more than one day
occasionally requires the Department Director’s approval and prior notification to the Personnel
Director and Town Manager. Any absence not covered by PTO will be treated as a Leave of
Absence.

PTO for employees working less than 40 hours per week on an annual basis shall be prorated.

1403. End of Fiscal Year Buyout

If an employee has hours left in their accrual on June 30 of each year, they will get paid for 40 hours
at 100% of the value and the other hours over 40 will be forfeited. An employee is not eligible for
the 40-hour buyout in June if they have separated employment from the Town, received the 40-hour
buyout upon separation, and then return during the same Fiscal Year. An employee who has
received Gifted PTO is not eligible for the PTO buyout in June. An employee who has used any
other type of paid leave during the past fiscal year except for unsupplemented Emergency Service
Leave will only be eligible for a buyout of PTO hours less the use of the other type of leave. For
example, an employee that uses 15 hours of funeral leave or Sustainment Wages in the past fiscal
year will only be eligible for a 25 hour buyout of PTO hours at the end of that fiscal year.

1404. Mid Fiscal Year Hire

A mid fiscal year hire will have their hours prorated to the day they are hired. For example if they
were hired 40 days into the fiscal year, they would receive 325/365 of the total hours. A rehired
employee who returns in the same fiscal year is not eligible for the 40-hour buyout of PTO that fiscal
year. A rehired employee that has been bought out of 40 hours of PTO upon separation will receive
40 hours less PTO if they return during the same fiscal year.


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1405. Separation from Employment Buyout

When an employee separates from employment with the Town, authorization will be given by the
Personnel Director to prepare the final check. Such check shall include payment for up to 40 hours
of PTO if they have been employed for at least one year, have hours in their PTO, if they have given
a written two week notice, if they have not been terminated and less any deductions or debts owed by
employee to the Town. Hours paid out will be prorated from 40 hours based on an employee’s
separation date with 0 hours paid out in July, 1/12 of 40 hours paid out in August, 2/12 of 40 hours
paid out in September, etc. Employees who have received Gifted PTO or who have used any other
type of leave during the past fiscal year, except for unsupplemented Emergency Service Leave ,will
only be eligible for a buyout of hours as the difference between those donated hours or the use of the
other type of leave. Upon authorization from the employee’s Department Director and/or Personnel
Director, the Finance Department shall deduct and withhold from the final paycheck any amount
owed the Town for group insurance premiums, unreturned Town-issued equipment, rental payments,
damages to Town owned rental property, uniforms, and/or any other reimbursable amount. The final
paycheck may be held for five working days after termination so the extent of debt can be determined
and cleared. Final checks for separations other than termination shall be deposited pursuant to the
employee’s direct deposit agreement with the next regular payroll.

Final checks for terminated employees shall be direct deposited within 72 hours of termination.

An employee who separates employment from the Town at their own choosing must have PTO
approved by their Department Director, the Personnel Director and the Town Manager for use during
their last scheduled 80 hours. It is not the intent of the PTO system to allow employees to give their
separation notice and then utilize whatever PTO is on the books prior to leaving.

1406. PTO - Payment of Leave Upon Death

The designated beneficiary of an employee who dies while employed by the Town shall be entitled to
payment for up to 40 hours if the employee has been employed for at least one year and has hours in
their accrual.

1407. Gifted PTO Policy

PTO may be donated to another employee. Once it is donated, it is called Gifted PTO. When the
Personnel Director receives notification that an employee is in need of Gifted PTO and is willing to
accept Gifted PTO, a notice will be posted in each department notifying employees that are interested
in donating leave to contact the Personnel Director. The Personnel Director will then assist with
completing and approving the donation form and notifying the Finance Department. If the Gifted
PTO is to be used for an FMLA purpose, the amount of Gifted PTO an employee is eligible to
receive is limited to the amount needed to supplement unpaid FMLA. For example, an employee
that has zero PTO and is eligible for 12 weeks of FMLA is only eligible to receive 12 weeks of
Gifted PTO. For example, an employee that has six weeks of PTO in their account and is eligible for
12 weeks of FMLA is only eligible to receive six weeks of Gifted PTO. Employees who receive


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Gifted PTO during an FMLA period will be required to utilize that PTO down to ½ just like any
other PTO they may have in their account.

Employees may donate PTO in one-hour increments to the affected employee, except that the donors
may not transfer more hours than they have in their accrual. Once donated, hours will not be
transferred back to the donor unless the donor makes a request to receive donated leave. All of the
employee’s own PTO must be utilized prior to receiving Gifted PTO. In most cases, Gifted PTO
will be treated the same as earned PTO, and any leave is subject to approval by the Department
Director. In the case of expiration of FMLA, use of Gifted PTO is subject to the Department
Director’s approval and prior notification to the Personnel Director and Town Manager. The use of
Gifted PTO once FMLA is exhausted does not guarantee plan document coverage for insurance.

Gifted PTO shall be converted to a dollar value and then converted to hours based on the recipient’s
hourly rate. For example, if the PTO donor’s salary is ten dollars ($10.00) an hour and the leave
recipient’s salary is twenty dollars ($20.00) an hour, then the donor must contribute twice the number
of hours needed by or intended for the recipient or else the recipient will get only half of time
contributed by donor. The Finance Department will establish an audit track for the approved leave
transfers.

Gifted PTO from an employee who separates employment within six months of the donation may be
rescinded, subject to the approval of the Personnel Director. An employee who has received Gifted
PTO is not eligible for the 40-hour buyout in June.

1408. PTO Donation Policy – Donated Hour Conversion for Employee Assistance

PTO may be donated back to the Town of Jackson to assist employees with COBRA payments. In
order to be eligible for funds to be disbursed from this account, the following conditions must be
met:

              1. FMLA must have been utilized and exhausted;
              2. FMLA must have been for a health situation involving the employee or the
                 employee’s immediate family member and not for an elective absence;
              3. The employee must provide a written statement indicating their intent to return to
                 work. The written statement must identify when the employee intends to return to
                 work, that the employee will return to light duty work as soon as permitted by a
                 doctor’s authorization, and when the employee intends to return to full-time, full-duty
                 work;
              4. The employee must receive authorization from the Town Manager for an unpaid
                 Leave of Absence to cover the continued absences upon exhaustion of FMLA;
              5. The employee must elect COBRA; and
              6. The employee’s performance must be vouched for by the employee’s direct
                 supervisor and Department Director.

When the Personnel Director receives notification that an employee is in need of assistance for
COBRA payments that qualify under this policy, notice will be provided to employees informing


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them that there is an employee in need of Gifted PTO to be used in this manner. The policy will be
administered through a direct COBRA payment from the Town and will be treated as income for the
employee. Employees are eligible for this assistance for no more than two COBRA payments.
Return to Light Duty may be at a reduced wage depending on abilities at the time of return.

1409. Sustainment Wages and Dependent Care Wages

Sustainment Wages and Dependent Care Wages are equivalent to 100% of the employee’s wage.
Under certain conditions, employees can draw from Sustainment Wages in order to provide full pay
to the employee until they are eligible for Short Term Disability Insurance. To qualify, employees
must first utilize 24 consecutive hours of PTO, Leave with Pay or Leave of Absence due to an illness
or injury. In addition, they must submit written documentation indicating when they were scheduled
to work, when they were absent, when they used PTO and a doctor’s note to their Department
Director which indicates the severity and expected duration of the illness or injury as soon as
possible, but no later than 15 days of returning to work. Employees must indicate either in writing or
verbally to the Personnel Director that they would like to utilize Sustainment Wages because it
affects buyback at the end of the fiscal year. If an employee does not indicate their desire to utilize
Sustainment Wages, their PTO will be charged accordingly. Reinstatement of PTO may occur
retroactively but not later than 15 days of returning to work. The Department Director will then
forward the note to the Personnel Director, and the Personnel Director will review and act on the
request, complete the necessary paperwork, and notify the Finance Department for payroll purposes.
If approved by the Personnel Director, the use of an additional 24 hours of PTO, Leave with Pay or
Leave of Absence is not necessary if there is a return to work and then the employee is out again for
the same illness or if the employee has received approval to work from home on a temporary basis.

Under certain conditions, employees can draw from Dependent Care Wages to a maximum of 80
hours each fiscal year. To qualify, the employee must first utilize 24 consecutive hours of PTO,
Leave with Pay or Leave of Absence due to the need to care for an immediate family member who is
ill, injured, or unable to care for themselves. . Caring for newborn infants is an allowable use of
Dependent Care Wages. . The employee must also submit written documentation indicating when
they were scheduled to work, when they were absent and when they used PTO and they must also
submit a doctor’s note for the family member to their Department Director which indicates the
severity and expected duration of the illness, injury, or incapacity as soon as possible, but no later
than 15 days of returning to work. Employees must indicate either in writing or verbally to the
Personnel Director that they would like to utilize Dependent Care Wages because it affects buyback
at the end of the fiscal year. If an employee does not indicate their desire to utilize Dependent Care,
their PTO will be charged accordingly. Reinstatement of PTO may occur retroactively but not later
than 15 days of returning to work. The Department Director will then forward the note to the
Personnel Director and the Personnel Director will review and act on the request, complete the
necessary paperwork, and notify the Finance Department for payroll purposes. Should there be a
need for non-consecutive absences for the same dependent, no additional 24 hours of PTO use is
required. In this case, the definition of immediate family shall be expanded to include a member of
the employee's household.

At any time during the use of either of these paid leaves, the Town reserves the right to require the


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employee or family member to be evaluated by a doctor of the Town’s choosing at the Town’s
expense for a professional medical opinion on the illness or injury. For regular part-time employees,
the PTO hours needed prior to activation of Sustainment Wages or Dependent Care will be prorated.
 Use of Sustainment Wages and Dependent Care affects the 40-hour buyback at the end of the fiscal
year.

1410. Holidays Observed

Town offices will be closed on the following holidays.

New Year's Day                                         January 1
Martin Luther King Jr., Wyoming Equality Day           3rd Monday in January
President's Day                                        3rd Monday in February
Memorial Day                                           Last Monday in May
Independence Day                                       July 4
Labor Day                                              1st Monday in September
Veteran's Day                                          November 11
Thanksgiving Day                                       Last Thursday in November
Friday after Thanksgiving                              The Friday after the last Thursday in Nov.
Christmas Day                                          December 25

Town offices may also be closed on any other special holidays as designated by the Town Manager.
Employees who do not work on a holiday must take PTO or other approved leave.

When any holiday falls on a Saturday, the preceding Friday shall be observed; when any holiday falls
on a Sunday, the following Monday shall be observed. Employees not normally scheduled to work
on a holiday may be allowed to work on a holiday with the prior approval of their Department
Director. With their Department Director’s approval, employees working on a holiday may be
allowed to cash in an equivalent number of Paid Time Off (PTO) hours to match those that they
worked on the holiday regardless of what overtime they may already be entitled to or whether they
have not worked 40 hours in the week. This must be noted on the time sheet.

1411. Leave of Absence

The Town Manager may grant an employee a leave of absence without pay for up to twelve (12)
calendar months. The employee’s Department Director may recommend requests for Leave of
Absence to the Town Manager.

Any absence covered by PTO that is more than one day occasionally following the expiration of
FMLA requires the Department Director’s approval and prior notification to the Personnel Director
and Town Manager. Any unpaid absence will be treated as a Leave of Absence.

The employee may elect to use appropriate accrued leave before beginning a leave of absence status
for reasons of personal or family disability or special work that will permit the Town to benefit in the
experience gained or the work performed. An employee will not be allowed to use leave of absence


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privileges for vacation purposes while maintaining the employee’s accumulated PTO except to save
enough hours to cover holidays when the offices are closed.

The employee is obligated to return to duty on or before the date determined appropriate by the Town
Manager. Upon returning to duty after being on a leave of absence, the Town is under no obligation
to return the employee to the same position held at the time of the leave or to one of like
classification, seniority or pay.

Failure to report at the expiration of a leave of absence, unless an extension has been approved, shall
be considered a resignation.

1412. Leave of Absence - Retention and Continuance of Benefits

An employee must adhere to the PTO policy as though they were a new hire when they return to
work from a Leave of Absence longer than 30 calendar days. An employee receiving approval for a
Leave of Absence will not receive the 40-hour buyout for June 30.

An employee on a leave of absence may be sent COBRA notification paperwork as appropriate and
as spelled out in the Town’s plan document for coverage. COBRA coverage requires employee
payment of the insurance premium.

1413. Leave With Pay

The Town Manager may grant Leave With Pay. The employee’s Department Director may
recommend requests for Leave with Pay to the Town Manager. Leave With Pay affects the 40-hour
buyback at the end of the fiscal year. However the Town Manager has the ability to waive the
buyback penalty.

An employee on Leave With Pay may be sent COBRA notification paperwork as appropriate and as
spelled out in the Town’s plan document for coverage. COBRA coverage requires employee
payment of the insurance premium.

1414. Injury Leave

Injury Leave is paid leave equivalent to 100% of the employee’s wage.

Initial Absence: All full-time and regular part-time employees may be granted injury leave due to a
work-related injury. Such injury or incapacity must result from an incident within the scope of the
employee's employment and render the employee incapable of performing any reasonable duties with
the Town. Injury Leave will be granted only with a doctor's authorization. Injury Leave shall cover
the first three days of an absence if the employee is out for 38 days or less. Employees will need to
cover those days with PTO at first and then if they are off for less than three days total or off for less
than eight days total, the time will be retroactively covered by Injury Leave and the employee will
have their PTO replenished.




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A return to work authorization from the attending physician must be presented to the injured
employee's supervisor before the employee will be allowed to resume work. That authorization must
then be forwarded immediately to the Personnel Director.

Continued Absence: Absences due to a work-related injury run concurrently with Family and
Medical Leave. While on FMLA as a result of a work related injury, after Injury Leave covers the
initial absence, a continued absence shall be covered under PTO or supplemented with PTO. Should
the absence continue after FMLA expires, the absence would be addressed under the Leave of
Absence or Leave With Pay provision.

Light Duty: Employees shall return to limited duty, or revised duties and responsibilities, if such are
available and if the employee is determined physically and mentally able to work on a temporary
basis. The employee may be assigned to any duties within any department of the Town. Light duty
assignments are temporary and require the approval of the Personnel Director. Light duty for partial
days requires a signed agreement through the Wyoming Worker’s Safety & Compensation Division.
Any Light Duty offered may be at a reduced wage depending upon the work being performed.

Failure to Return to Work: An employee who fails to return to work may be terminated. Any
continued absence would be addressed under the Leave of Absence provision.

Eligibility: To be eligible for Injury Leave, an employee is required to report any job-related injury
to the immediate supervisor at the time the injury occurs or as soon as possible thereafter. If the
immediate supervisor is unavailable, the injury shall be reported to the Department Director. The
notified manager is responsible for completing the Employee's Statement for Worker’s
Compensation and the OSHA report of the injury. All forms must then be filed with the Finance
Department within 48 hours after the occurrence. The Finance Department will then file all
applicable reports with the State Worker’s Compensation Division. The employee may forfeit their
Injury Leave for late reporting. Temporary and/or seasonal employees are not eligible for Injury
Leave.

Use of Injury Leave affects the 40-hour buyback at the end of the fiscal year. Employees receiving
Worker’s Compensation insurance payments must supplement those with PTO down to the floor of
hours established through their Family and Medical Leave paperwork.

Once FMLA expires, the employee’s job is no longer protected by FMLA and continued
employment will be dealt with on a case-by-case basis.

1415. Return to Duty After Absence Due to Medical Reason

Any extended absence for medical reasons may require a doctor’s release to return to duty and will
be determined on a case-by-case basis by the Department Director and the Personnel Director. Any
absence more than 3 days where surgery or a medical procedure is involved requires a doctor’s note
before an employee will be allowed to return to work. Any unexpected absence (an absence that is
not a pre-approved leave) lasting more than three days, may require a doctor’s note on the 4th day
indicating the employee is unable to work. Any absence related to a Worker’s Compensation injury


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requires a doctor’s authorization before the employee will be allowed to return to work.

1416. Professional Development

Professional Development leave is equivalent to 100% of the employee’s wage. The Town Manager
may grant special leave with pay to attend professional or technical conferences, meetings, schools,
or to visit other cities to compare new methods relating to responsibilities in the employment of the
Town for Department Directors and Department Directors may approve for their employees.
Requests for such leave and expenses related to this leave shall adhere to the Travel Policy. In
addition, where shortages of personnel may be experienced due to the attendance of such functions, a
satisfactory work schedule indicating adequate coverage of all shifts shall be submitted in writing to
either the Department Director or Town Manager, as appropriate.

Professional Development does not affect the 40-hour buyback at the end of the fiscal year.

1417. Active Military Leave

An employee who enlists or who is drafted into the United States Army, Navy or Marine Corps,
Coast Guard, or Air Force and is called to active duty shall be entitled to Active Military Leave for
the duration of the term of duty, not to exceed five years. Active Military Leave is unpaid and
employees have the option of utilizing PTO or Comp Time concurrently with this unpaid leave.
Notification of desired use of PTO or Comp Time will be required at the time the leave begins and
will be paid out until exhausted. An employee returning from Active Military Leave will have their
PTO reinstated as though they had not been absent and they are eligible for the 40-hour buyout of
PTO hours at the end of the fiscal year upon returning.

Benefits shall not accrue during such period of leave. Employees on Active Military Leave shall be
sent the appropriate COBRA notification for their individual coverage. Employees returning from
Active Military Leave are automatically reinstated on the Town’s insurance. The Town will provide
family insurance coverage for the family of an employee called up to active duty, not to exceed five
years. Should the Town require premium contributions of full-time employees not on active duty,
the same shall be required for family coverage for an employee called up to active duty.

Eligibility shall include all full-time and regular part-time employees. Copies of military orders,
when received, shall be submitted to the employee’s supervisor and forwarded to the Personnel
Director.

The Town will comply with USERRA and the Wyoming Military Leave Act.

1418. Reserve and Guard Duty

Reserve and Guard Duty is equivalent to 100% of the employee’s wage.

Reserve and Guard Duty:




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1.       No person shall be denied benefits or compensation to which they are otherwise entitled as
         an employee by virtue of attendance at Reserve or National Guard monthly drill sessions or
         summer training camps, not to exceed 112 hours each fiscal year.

1.       An employee shall continue drawing regular pay during reserve duty not to exceed 112 hours
         each fiscal year.

2.       An employee absent due to Reserve or Guard Duty for more than 112 hours each fiscal year
         may utilize other approved leave to cover those absences.

Eligibility shall include all full-time and regular part-time employees. Copies of military orders,
when received, shall be submitted to the employee’s supervisor and forwarded to the Personnel
Director.

Use of Reserve and Guard Duty affects the 40-hour buyback at the end of the fiscal year. The Town
will comply with USERRA and the Wyoming Military Leave Act.

1419. Jury Duty and Work-Related Court Appearances

The Town Manager will grant leave to an employee who must be absent from work for jury duty.
No person shall be denied benefits or compensation to which they are otherwise entitled as an
employee by virtue of jury duty, not to exceed 112 hours each fiscal year. After 112 hours has been
used, continued absence for jury duty will be addressed under the Leave with Pay or Leave of
Absence provisions.

If an employee is involved as a witness because of an official capacity, the time spent in testifying,
preparing to testify, or traveling to and from the court shall be viewed as work performed for the
Town, and the employee shall be paid according to normal payment procedures.

An employee while on duty who is witness to an event which results in the employee being
subpoenaed by a Court may request leave by submitting a copy of the subpoena and a statement
describing the event through the employee’s Department Director to the Town Manager at least 24
hours prior to the ordered court appearance.

If an employee is involved as an expert witness (not because of official capacity) or in a personal
case, either as a plaintiff or as a defendant, leave may be granted, but the time off shall be charged to
either PTO or to leave of absence.

Use of Jury Duty affects the 40-hour buyback at the end of the fiscal year.

1420. Family and Medical Leave

1.       Purposes of the Family and Medical Leave Act (FMLA)
The FMLA allows employees to balance their work and family life by taking reasonable unpaid leave
for certain family and medical reasons. The FMLA seeks to accomplish these purposes in a manner


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that accommodates the legitimate interests of the Town, and minimizes the potential for employment
discrimination on the basis of gender, while promoting equal employment opportunity for men and
women. FMLA is unpaid leave and it runs concurrently with any paid leave the employee may
substitute. Department Directors are required to notify the Personnel Director when an employee is
absent for three consecutive days. Department Directors must also notify the Personnel Director
each pay period when an employee has absences related to Family Medical Leave.

The Town of Jackson uses the “rolling” 12-month period, measured back from requested leave date
to determine FMLA leave amounts for eligible employees.

Unless the employee requests an earlier effective date, the Town will set the effective date of FMLA
coverage as two weeks after the initial absence regardless of whether the absences occur
consecutively or intermittently within those two weeks.
2.       Employee Eligibility
To be eligible for FMLA leave, an employee must:

                   a. have worked for the Town for at least 12 months; and

                   b. have worked at least 1,250 hours during the 12 months prior to the start of the
                      FMLA leave.

3.       Leave Entitlement

The Town will grant an eligible employee up to a total of 12 workweeks of unpaid leave in a 12-
month period for 1 or more of the following reasons:

        for the birth of a son or daughter, and to care for the newborn child;

        for the placement with the employee of a child for adoption or foster care, and to care for the
         newly placed child;

        to care for an immediate family member (spouse, child, or parent -- but not a parent "in-law")
         with a serious health condition;

        when the employee is unable to work because of a serious health condition.

        for qualifying exigency arising from spouse, child or parent’s military service obligations for
         family members of National Guard and Reserves and retired military.

The Town will grant an eligible employee up to a total of 26 workweeks of unpaid leave in a 12-
month period

        to care for a covered service member who is a spouse, parent, child or “next of kin” in the
         regular armed forces, Reserves, National Guard (or on temporary disability retired list) who
         meets the following criteria:

              o    has a serious illness or injury incurred in the line of duty as determined by the U.S.
                   Department of Defense who has confirmed the service member is medically unfit to


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                   perform the roles of his office, Pay Band, rank, or rating and who is undergoing
                   medical treatment, recuperation, therapy, outpatient treatment, or on TDRL

        The FMLA year for purposes of military caregiver leave

              o    begins on the first day of leave and ends 12 months later,

              o    may be taken in a single block or intermittently,

              o    does not carryover from year to year,

              o    does not overlap with other FMLA leave.

Leave to care for a newborn child or for a newly placed child must conclude within 12 months after
the birth or placement.

Spouses both employed by the Town may be limited to a combined total of 12 workweeks of family
leave for the following reasons:

        birth and care of a child;

        for the placement of a child for adoption or foster care, and to care for the newly placed
         child; and,

        to care for an employee's parent who has a serious health condition.

Intermittent/Reduced Schedule Leave - The FMLA permits employees to take leave on an
intermittent basis or to work a reduced schedule under certain circumstances.

        Intermittent/reduced schedule leave may be taken when medically necessary to care for a
         seriously ill family member, or because of the employee's serious health condition.

        Intermittent/reduced schedule leave may be taken to care for a newborn or newly placed
         adopted or foster care child only with the Town's approval.

Only the amount of leave actually taken while on intermittent/reduced schedule leave may be
charged as FMLA leave. An employee who has received approval for intermittent/reduced schedule
leave and is out for a block of time, any time during that block of time will be charged to their 12-
week entitlement, including any holidays or vacation the employee may be absent for. For example
an employee that is out for six weeks to care for a newborn and the six weeks encompasses the July
4th holiday, that absence for the July 4th holiday will also be charged to their 12-week entitlement.

An employee who has received approval for intermittent/reduced schedule leave and the leave is
sporadic, partial days here or there, and not a block of time, will have holidays and vacations or any
leave not related to the qualifying event treated differently than if they were out on a block of time.
In this case, if absences related to the qualifying event occur adjacent to a non-related absence such
as a holiday or vacation, the non-related absence will be charged to the FMLA. If the absences for
the qualifying event are not adjacent to a non-related absence, the employee has the option of
requesting PTO approval from their Department Director to cover that absence separately from their
12-week entitlement. Making the request does not guarantee approval. For example, an employee


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that is absent on Monday and Tuesday for medical treatments and is then receives Department
Director approval to be off Thursday and Friday for PTO for a vacation, that absence on Thursday
and Friday is not charged to their 12-week entitlement.

Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work
with the Town to schedule the leave so as not to unduly disrupt the Town’s operations, subject to the
approval of the employee's health care provider. In such cases, the Town may transfer the employee
temporarily to an alternative job with equivalent pay and benefits that accommodates recurring
periods of leave better than the employee's regular job.

Substitution of Paid Leave - Employees are required to supplement all or a portion of unpaid Family
Medical Leave with appropriate paid leave to a certain level. When an employee is placed on unpaid
Family Medical Leave, the Personnel Director shall calculate the amount of PTO the employee will
be required to utilize to supplement the unpaid Family Medical Leave by taking the number of PTO
hours left in the employee’s accrual at the time of leave and dividing it in half. This calculation will
create a floor of hours that will not be required to be used for supplementation of unpaid Family
Medical Leave. Any qualifying event for Family Medical Leave in the next 12-month period will be
supplemented with PTO until the floor is reached. Should the absence carry over to the next fiscal
year, the same calculation will be made at the beginning of the fiscal year using the total number of
hours allocated to the employee. For example, PTO shall be used concurrently with unpaid Family
Medical Leave to supplement insurance payments such as Short Term Disability Insurance, Long
Term Disability Insurance or Worker’s Compensation. Upon return from FMLA, within 15 days the
Department Director will discuss with the employee any foreseeable use of PTO for the remainder of
the fiscal year with the understanding that planned use of PTO after return from unpaid FMLA will
only be granted in special or unusual circumstances. After expiration of FMLA, any use of PTO
except for an occasional single day here or there requires the Department Director’s approval and
prior notification to the Personnel Director and Town Manager. Any unpaid absence will be treated
as a Leave of Absence.

Serious Health Condition - "Serious health condition" means an illness, injury, impairment, or
physical or mental condition that involves:

        any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in
         a hospital, hospice, or residential medical care facility; or

        a period of incapacity requiring absence of more than three calendar days from work, school,
         or other regular daily activities that also involves continuing treatment by (or under the
         supervision of) a health care provider; or

        any period of incapacity due to pregnancy, or for prenatal care; or

        any period of incapacity (or treatment therefore) due to a chronic serious health condition
         (e.g., asthma, diabetes, epilepsy, etc.); or

        a period of incapacity that is permanent or long-term due to a condition for which treatment
         may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,

        any absences to receive multiple treatments (including any period of recovery therefrom) by,


Town of Jackson, Wyoming                                page 80                 Policy Manual April 2009
         or on referral by, a health care provider for a condition that likely would result in incapacity
         of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy,
         dialysis, etc.).

Examples of Qualifying Exigencies – “Qualifying exigency” means short notice deployment,
military events/ceremonies/activities, urgent child-care and school activities, financial and legal
tasks, counseling, and R&R time.

Medical Certification – The Town requires that the need for leave for a serious health condition of
the employee or the employee's immediate family member be supported by a certification issued by a
health care provider. The employee has 15 calendar days to obtain the medical certification. Prior to
returning to work from a serious health condition, the Town requires a health care provider’s written
release.

The Town may, at its own expense, require the employee to obtain a second medical certification
from a health care provider. The Town may choose the health care provider for the second opinion as
allowed by the FMLA. If the opinions of the employee's and the Town’s designated health care
providers differ, the Town may require the employee to obtain certification from a third health care
provider, again at the Town’s expense. This third opinion shall be final and binding. The Town and
the employee must approve the third health care provider jointly.

Health Care Provider - Health care providers who may provide certification of a serious health
condition include:

             doctors of medicine or osteopathy authorized to practice medicine or surgery (as
              appropriate) by the State in which the doctor practices;

             podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to
              treatment consisting of manual manipulation of the spine to correct a subluxation as
              demonstrated by X-ray to exist) authorized to practice in the State and performing within
              the scope of their practice under State law;

             nurse practitioners, nurse-midwives, and clinical social workers authorized to practice
              under State law and performing within the scope of their practice as defined under State
              law;

             Christian Science practitioners listed with the First Church of Christ, Scientist in Boston,
              Massachusetts;

             any health care provider recognized by the employer or the employer's group health plan's
              benefits manager; and,

             a health care provider listed above who practices in a country other than the United States
              and who is authorized to practice under the laws of that country.
4.       Maintenance of Health Benefits
The Town is required to maintain group health insurance coverage, including family coverage, for an
employee on FMLA leave on the same terms as if the employee continued to work.


Town of Jackson, Wyoming                                  page 81                 Policy Manual April 2009
Where appropriate, arrangements will need to be made for employees taking unpaid FMLA leave to
pay their share of health insurance premiums. For example, if the group health plan involves co-
payments by the Town and the employee, an employee on unpaid FMLA leave must make
arrangements to pay his or her normal portion of the insurance premiums to maintain insurance
coverage, as must the employer. Such payments may be made under any arrangement voluntarily
agreed to by the Town and employee.

The Town’s obligation to maintain health benefits under FMLA stops if and when an employee
informs the Town of intent not to return to work at the end of the leave period, or if the employee
fails to return to work when the FMLA leave entitlement is exhausted. The Town's obligation also
stops if the employee's premium payment is more than 30 days late and the Town has given the
employee written notice at least 15 days in advance advising that coverage will cease if payment is
not received.
5.       Job Restoration
Upon return from FMLA leave, an employee must be restored to his or her original job, or to an
"equivalent" job, which means virtually identical to the original job in terms of pay, benefits, and
other employment terms and conditions.

In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit
that the employee earned or was entitled to before using (but not necessarily during) FMLA leave.

Should an employee fail to be able to return to full duties, full time, the Town is under no obligation
to continue employment. If the employee is unable to return, the Town may elect to terminate
employment. Should the Town elect to terminate employment, the Town has many options available
to them such as filling the position immediately, holding the position open for a period of time,
engaging the employee in part-time temporary work, etc.

"Key" Employee Exception - Under limited circumstances where restoration to employment will
cause "substantial and grievous economic injury" to its operations, the Town may refuse to reinstate
certain highly paid, salaried "key" employees. In order to do so, the Town must notify the employee
in writing of his/her status as a "key" employee (as defined by FMLA), the reasons for denying job
restoration, and provide the employee a reasonable opportunity to return to work after so notifying
the employee.
6.       Notice
Employee Notice - Eligible employees seeking to use FMLA leave may be required to provide:

        30-day advance notice of the need to take FMLA leave when the need is foreseeable;

        notice "as soon as practicable" when the need to take FMLA leave is not foreseeable ("as
         soon as practicable" generally means at least verbal notice to the Town within one or two
         business days of learning of the need to take FMLA leave);

        sufficient information for the Town to understand that the employee needs leave for FMLA-
         qualifying reasons (the employee need not mention FMLA when requesting leave to meet
         this requirement, but may only explain why the leave is needed); and,



Town of Jackson, Wyoming                               page 82                 Policy Manual April 2009
        where the Town was not made aware that an employee was absent for FMLA reasons and the
         employee wants the leave counted as FMLA leave, timely notice (generally within two
         business days of returning to work) that leave was taken for an FMLA-qualifying reason.
1421. Funeral Leave

Funeral Leave is equivalent to 100% of the employee’s wage. Up to 24 hours per occurrence may be
taken with the approval of the Department Director for death in the immediate family. The
employee’s Department Director may approve 16 additional hours if extensive travel is required. If
the death in the immediate family is a child aged 21 or under, up to eighty (80) hours per occurrence
may be taken with the approval of the Department Director.

One day per occurrence may be taken with the approval of the Department Director for death of
guardian, grandparent, aunt and uncle, plus the combinations of half, step and adopted relationships
that can be derived from all those named, as well as other in-laws. Two additional days may be
approved if extensive travel is required.

Use of Funeral Leave affects the 40-hour buyback at the end of the fiscal year.

1422. Closing of Town Offices

Town offices shall remain open for the full scheduled workday unless the Town Manager authorizes
closing.

1423. Emergency Service

Emergency Service Leave is equivalent to 100% of the employee’s wage. In some cases where the
Emergency Service Leave is paid through the emergency entity, the pay received will be the
difference between that received and the employee’s normal wage, subject to the Town Manager’s
approval. Subject to the approval of the Town Manager, any individual who volunteers time for
Emergency Service groups/organizations to better the quality of life in Teton County shall be
allowed 250 hours each fiscal year of Emergency Service time paid at the regular rate only. In order
to be eligible, members of emergency service agencies must submit a written request for leave on an
emergency basis to the Personnel Director. Emergency Service leave for training purposes must be
submitted to the employee’s Department Director just as PTO use is submitted. The timing of
Emergency Service leave for training is subject to the Department Director’s approval. Any hours
taken over 250 shall be deducted from PTO. Additional Emergency Service leave can be requested
in writing to the Personnel Director and it requires the Town Manager’s approval. Emergency
services include Fire Department, Teton County Sheriff’s Office Search and Rescue, Emergency
Management and EMS Council or other services deemed appropriate by the Town Manager.

Use of unsupplemented Emergency Service Leave does not affect the employee’s 40-hour buyback at
the end of the fiscal year.




Town of Jackson, Wyoming                              page 83                Policy Manual April 2009
1424. Community Involvement Leave

Town employees serving as election judges in and for Teton County, Wyoming, are eligible for
Community Involvement Leave. This leave is available for Special, Primary and General Election
Days and is equivalent to 100% of the employee’s wage. Use of Community Involvement Leave
affects the 40-hour buyback at the end of the fiscal year.




Town of Jackson, Wyoming                          page 84               Policy Manual April 2009
Section 15 - TRAVEL POLICY

1501. Purpose and Scope

This policy pertains to all travel and all travel-related expenses. This policy does not apply to social
gatherings where the Town encourages attendance of employees, elected officials, and their spouses.
This policy does not apply to costs incurred for employee recruitment. All travel where an employee
expects to incur reimbursable travel expenses, must be approved in advance by the employee's
department director. The Town Manager must approve travel requests from department directors.
Both the employee’s department director and the Town Manager must approve all travel, which an
employee expects to incur over $1,000 in reimbursable travel expenses. If more than one employee is
attending the same conference, seminar, or meeting, the $1,000 threshold for department director and
Town Manager approval applies to the group, not the individual employees.

All travel requests and signatures of approval will be documented on a Travel Request Form. Within
one week after final approval, departments must submit a copy of the approved Travel Request Form
to the Finance Department. The Finance Department will maintain a file of all approved travel
requests.

A copy of the Travel Request Form can be obtained from the Town of Jackson Intranet site under
Finance.

1502. Acceptable Reimbursable Travel Expenses

Upon proper approval of the Travel Request Form, the Town will reimburse all travel-related expenses
such as commercial transportation, lodging, meals, tips, registrations, parking fees, communication
charges, and other business-related expenses at actual cost. In the case of meals, employees will have
the option to choose reimbursement at actual cost or reimbursement based on a standard meal
allowance. However, the employee’s Department Director must also approve the choice. The option
for meal reimbursement shall be chosen at the time the Travel Request Form is submitted to the
Finance Department.

The Town will not reimburse travel-related expenses for the spouse or other personal guests of an
employee or elected official, unless the Town has required or encouraged their participation.

Entertainment expenses are not reimbursable except for expenses of entertainment service agencies
associated with conference programs. Examples of non-reimbursable entertainment expenses include,
but are not limited to, alcoholic beverages, theater tickets, and sporting event tickets. In certain
instances, expenses incurred by elected officials or senior management for hosting and/or entertaining
dignitaries or guests for Town-related purposes are reimbursable, including alcohol.

1.       Transportation

Reimbursement of transportation related expenses will be based upon the least expensive mode of
transportation available, unless a more expensive mode is necessary due to business-related


Town of Jackson, Wyoming                               page 85                 Policy Manual April 2009
requirements. In determining the least expensive mode, commercial bus service will be excluded.
Rental vehicles are covered under the Vehicle Policy Section earlier in this manual. Reimbursement
for mileage will be according to the rate published by the Internal Revenue Service.

2.       Lodging

Reimbursement of lodging expenses will be based on what is a normal and reasonable cost for the area.
Proximity to the conference, seminar, or meeting will also be taken into account. If a double room is
required because a spouse or personal guest has accompanied an employee, the Town will reimburse
only the cost of a single room. The Town will reimburse any business-related communications costs
(telephone, fax, modem, etc.). The Town will not reimburse the cost of any in-room movie or personal
communications costs.

However, the Town will allow a personal convenience allowance of up to $5 per day. This allowance
can be used for personal communications costs as well as gratuities not related to meals.

3.       Meals

Employees will have the option to choose reimbursement for meals at actual cost or based on a standard
meal allowance. The employee’s Department Director must also approve this choice. The method of
meal reimbursement shall be chosen at the time the Travel Request Report is submitted to the Finance
Department.

If the actual cost method is chosen, employees will be required to retain and submit receipts for all
meals. Total meal cost includes food, beverages, taxes, and tips. Reimbursement of tips will be limited
to 20% of the total meal cost. The Town will not reimburse the cost of any alcoholic beverages.
Reimbursement of meal expenses will be based on what is a normal and reasonable cost for the area.
The Town will not reimburse meal costs to the extent they are lavish or extravagant. Under the actual
cost method, the Town's reimbursement will be limited to the amount allowed by the standard meal
allowance list available from the Finance Department. Should the actual costs exceed the standard
meal allowance, the employee must reimburse the Town for the overage.

Using the standard meal allowance method, employees will be reimbursed a predetermined amount,
dependent on the travel location, instead of keeping records of actual meal costs. Employees must still
keep records of the time, place, and purpose of the travel. To use the standard meal allowance method,
an employee must be traveling away from home. Travel away from home is defined as travel during
which an employee has to stop for sleep or rest.

The standard meal allowance for most areas within the Continental United States shall be determined
and published annually by the Finance Department. The allowance list can be accessed on the Town of
Jackson Intranet site under Finance.

If an employee is not traveling for an entire 24-hour day, he/she must prorate the standard meal
allowance by dividing the day into 6-hour quarters as follows:




Town of Jackson, Wyoming                               page 86                 Policy Manual April 2009
         1)        Midnight to 6 a.m.
         2)        6 a.m. to noon
         3)        Noon to 6 p.m.
         4)        6 p.m. to midnight

Employees can claim 1/4 of the full-day standard meal allowance for each 6-hour quarter of the day
during which they are traveling away from home. If meals are included within the registration fee (for
example, a conference banquet) the standard meal allowance will be reduced by 1/3 for each meal.
Complimentary continental breakfasts are not considered meals and will not reduce a daily standard
meal allowance.

Meals charged to the Town of Jackson where costs are incurred in travel to a meeting and back in one
day are treated as a taxable benefit and must be reported to the Finance Department.

1503. Request To Receive Travel Expense Reimbursement

After travel has been complete and reimbursable travel-related expenses have been incurred, all
employees, including the Town Manager and elected officials, must complete a Travel Reconciliation
Form to receive reimbursement. A Department Director must approve all Travel Reconciliation Forms.
 In the case of a travel reimbursement request by a department director, approval is required from the
Town Manager or Finance Director. In the case of a travel reimbursement request by the Town
Manager, both the Town Manager and the Finance Director must sign the Travel Reconciliation Form.
In the case of a travel reimbursement request by the Planning Commission, the Travel Reconciliation
Form must have two signatures, one of which is the Planning and Building Director and the other may
be the Town Manager or the Finance Director. In the case of a travel reimbursement request by an
elected official, either the Town Manager or the Finance Director must sign the Travel Reconciliation
Form.

A copy of the Travel Reconciliation Form can be obtained from the Finance Department Intranet site

Only travel expenses for which the employee is entitled to reimbursement need to be entered on the
Travel Reconciliation Form.

Within two weeks of returning from travel, employees shall submit a properly authorized Travel
Reconciliation Form to the Finance Department.

If an employee is requesting a reimbursement, the Travel Reconciliation Form along with receipts and a
properly authorized voucher shall be delivered to the Finance Department. If the Town is due a
reimbursement (due to an advance exceeding the actual costs), the Travel Reconciliation Form along
with receipts and a sealed envelope containing the reimbursement funds shall be delivered to the
Finance Department.

The Finance Department will maintain a file of all Travel Reconciliation Forms and will match each
Travel Reconciliation Form to its corresponding Travel Request Form. Every month, the Finance
Department will report to the Town Manager any employee who is late submitting a Travel


Town of Jackson, Wyoming                              page 87                 Policy Manual April 2009
Reconciliation Form based on information obtained from the approved Travel Request Forms. The
Finance Department will also notify the employee and/or the department director that the employee
will be prohibited from incurring any additional reimbursable travel expenses until a completed
Travel Reconciliation Form has been submitted. If there is no response within three days from the
Finance Department’s notification, the Finance Department, upon notifying the Town Manager, has
the authorization to deduct 100% of any travel advance from an employee's payroll check.

Upon receipt of a completed Travel Reconciliation Form, the Finance Department will perform a
review to determine compliance with Town policy. Any non-compliance, missing information, etc.
will be reported to the employee, the employee’s department director, and/or the Town Manager. If
compliance is not achieved within three days from the Finance Director's notification, the Town
Manager will be notified, the employee will be prohibited from incurring any additional reimbursable
travel expenses, and the necessary disciplinary action will be taken to gain compliance.

1504. Compensable Travel Time

Travel time for non-exempt (non-salaried) employees during normal off-duty time may be
compensable and shall be compensated according to the Fair Labor Standards Act (FLSA). What
follows are general statements relating to travel time but the FLSA takes precedence.

Home To Work Travel: An employee who travels from home before the regular workday and returns
to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not
work time.

Home to Work on a Special One-Day Assignment in Another Town: An employee who regularly
works at a fixed location in one town (Jackson) is given a special 1-day assignment in another city
and returns home the same day. The time spent in traveling to and returning from the other city is
work time, except that the employer may deduct/not count that time the employee would normally
spend commuting to the regular work site.

Travel That is All in the Day's Work: Time spent by an employee in travel as part of his/her principal
activity, such as travel from job site to job site during the workday, is work time and must be counted
as hours worked.
Travel Away from Home Community: Travel that keeps an employee away from home overnight is
travel away from home. Travel away from home is clearly work time when it cuts across the
employee's workday. The time is not only hours worked on regular working days during normal
working hours but also during corresponding hours on nonworking days. The Town will not consider
as work time that time spent in travel away from home outside of regular working hours as a
passenger on an airplane, train, boat, bus, or. Any work, which an employee is required to perform
while traveling, must be counted as hours worked. This would include activities such as driving,
mandatory reading, clerical work, acting as a tour guide, etc.




Town of Jackson, Wyoming                               page 88                 Policy Manual April 2009
Section 16 - PERSONNEL RECORDS

1601. Personnel Records Maintenance

The Personnel Director shall be responsible for maintaining such personnel records as are necessary
for the proper administration of the personnel system. Personnel records shall include those records
set forth in the Records Retention Schedule of the State of Wyoming as well as any other
information deemed important by the Town Manager, Personnel Director, Town Attorney, or
Department Directors.

1602. Remedies of Employees Objecting to Material in File

An employee who objects to material in the employee’s file may place in the employee’s file a
statement relating to the material the employee considers to be inaccurate or misleading. The
employee may seek the removal of such material by submitting a written request to the Personnel
Director stating the reasons why the material should be removed.

1603. Confidentiality

Personnel records are confidential and are protected records under the Wyoming State Statutes.
Personnel records may only be viewed by the employee, the employee’s direct supervisor, the
employee’s team leader, the employee’s Department Director, the Personnel Director, or the Town
Manager. Information may only be given out by the Personnel Director or Town Manager to those
other than listed here if they have a signed, and in most cases, notarized release from the employee
whether current or past employee.

1604. Employment Reference Requests

All employment reference requests shall be directed to the Personnel Director for the Town. No
other employee is authorized to release employment reference information without the express
consent of the Personnel Director, except for the Town Manager. In response to reference check
inquiries, the Town will disclose only dates of employment. If an employee authorizes disclosure in
writing, the Town will provide a prospective employer with information as to the title and level of
compensation. Full disclosure of personnel records may only occur with a signed, notarized release
from the employee. Upon proof of federal identification, the notarization requirement may be
waived at the discretion of the Personnel Director. A copy of the signed, notarized release shall be
maintained in the employee’s personnel file.




Town of Jackson, Wyoming                             page 89                Policy Manual April 2009
Section 17 - IMPLEMENTATION OF PERSONNEL POLICY

1701. Separability

If any provision of this Policy Manual is held invalid, the remainder of this Policy Manual and the
application of such remaining provisions of this Policy Manual, other than those held invalid, will
not be affected.

1702. Violation of Policy Provisions

An employee violating any of the provisions of this Policy Manual is subject to disciplinary actions
contained herein in addition to any civil or criminal penalty that may be imposed for the violation.

1703. Supplemental Procedures

Subject to approval by the Personnel Director and Town Manager, Department Directors may
develop supplemental policies, rules, regulations, practices, and procedures as they deem necessary.
Such supplemental requirements must be consistent with the policies contained in this manual and
shall be in written form and distributed to all departmental employees. Any supplemental
requirements that have been approved by the Personnel Director and Town Manager take on the
same validity as these personnel policies and may be enforced as though they are part of this Policy
Manual.




Town of Jackson, Wyoming                             page 90                Policy Manual April 2009
                                                                  INDEX
40-hour buyback ................................. 77, 83               drug test ............................. 23, 45, 46, 47, 50
abandonment ............................................. 55           emergency service ......................... 18, 69, 83
active military leave .................................. 76            employee assistance .................................. 44
additional passengers ................................ 35              employee recognition ................................ 61
age limitations ........................................... 41         Employment At Will ......... 13, 29, 55, 59, 66
alcohol ............................... 34, 44, 45, 51, 85             endorsement of products, gifts and favors 40
anniversary date ........................................ 17           energy efficiency ....................................... 43
appointment......................................... 22, 24            equal employment ............................... 21, 78
attendance and punctuality ........................ 52                 ethics ................................................... 29, 40
at-will employment ..................................... 3             evaluation .................................................. 24
at-will policy ............... 13, 29, 55, 59, 66, 68                  exit interview ............................................ 56
background ................................................ 24         family and medical leave .................... 75, 77
breastfeeding policy .................................. 42             family illness bank .................................... 72
buy/sell/trade ............................................. 38        family medical leave ..................... 69, 78, 80
call-in .................................................. 17, 53      final payment............................................. 56
call-out ................................................ 17, 53       Finance Director.......... 15, 17, 27, 65, 87, 88
cell phone .................................................. 38       FMLA........ 69, 75, 77, 78, 79, 80, 81, 82, 83
cellular telephone allowance ................ 38, 39                   forty-hour buyback 73, 74, 75, 76, 77, 83, 84
classification plan.................... 17, 19, 25, 26                 full-time employee .................................... 18
collisions ................................................... 34      funeral leave .............................................. 83
community involvement leave .................. 84                      Gender ....................................................... 14
commuting .................................... 32, 36, 88              gifted PTO ........................... 7, 18, 70, 71, 72
compensatory time ........................ 52, 53, 54                  group e-mails ............................................ 37
concerns and complaints ........................... 42                 harassment................................................. 29
conflict ...................................................... 30     health insurance ........................................ 66
coverage .............................................. 14, 67         hire date ..................................................... 18
credit card.................................................. 42       holiday..................................... 53, 54, 68, 73
criminal conviction ................................... 41             holidays ............................................... 53, 73
CUSTOMER FOCUS AND SERVICE.... 11                                      hours of work and overtime ...................... 52
days off ...................................................... 32     hours worked ....................................... 18, 54
death ........................................ 56, 67, 70, 83          illegal substance use .................................. 44
demotion ....................................... 17, 25, 27            immediate family ...................................... 18
Department Directors . 15, 22, 31, 33, 39, 42,                         Information Security Policy ...................... 33
   55, 57, 59, 61, 62, 63, 64, 76, 78, 89, 90                          injury leave .......................................... 74, 75
Dependent Care ............................. 18, 72, 73                INNOVATION ......................................... 11
dependent care wages................................ 72                interpretation ............................................. 14
disabling damage....................................... 48             intimidation ............................................... 30
disciplinary action ..................................... 18           intranet postings ........................................ 38
disciplinary actions ................................... 59            introduction ............................................... 13
disclaimer .................................................... 3      investigation of reported misconduct ........ 59
discrimination ........................................... 29          IT IS MY JOB. IT IS OUR JOB .............. 11
donation..................................................... 70       IT Security Policy...................................... 37
dress code .................................................. 41       jury duty .................................................... 77
drug and alcohol testing .... 44, 45, 46, 48, 51                       leave of absence ...................... 72, 73, 74, 75


Town of Jackson, Wyoming                                                 page 91                         Policy Manual April 2009
leave with pay ..................................... 74, 75          reasonable suspicion ................................. 49
life insurance ............................................. 67      reassignment ............................................. 19
light duty ................................................... 75    reclassification .......................................... 19
longevity.............................................. 26, 68       recycling .................................................... 43
medical review officer .............................. 50             reducing waste........................................... 43
military leave............................................. 76       reduction in force ...................................... 55
mission ........................................................ 9   reference requests ...................................... 89
Municipal Judge .................................. 21, 24            refusal to submit to a drug or alcohol test . 49
nepotism .................................................... 22     reimbursement for college courses ........... 57
net pay ....................................................... 52   reimbursement for training........................ 57
network and computer use ........................ 37                 reserve and guard duty .............................. 76
OPENNESS .............................................. 11           residency ................................................... 23
overtime .................................. 18, 52, 53, 73           resignation ........................................... 55, 74
paid time off ............................ 18, 54, 68, 73            RESPECT ................................................. 11
   end of fiscal year buyout ....................... 69              retirement ...................................... 27, 56, 67
Paid Time Off ........................................... 54         return to duty ............................................. 75
part-time regular employee ....................... 18                safety ......................................................... 64
pay period .................................................. 18     safety committee ....................................... 65
pay plan ......................................... 26, 27, 28        seasonal employee..................................... 19
payment for temporary adjustment ........... 27                      security ...................................................... 41
performance appraisals ............................. 25              separation ...................................... 19, 55, 69
performance plan....................................... 32           separation from employment .................... 55
performance plans ..................................... 25           serious bodily injury.................................. 48
performance related actions ................ 19, 59                  sexual harassment ......................... 14, 29, 30
personal use ............................. 32, 33, 36, 39            smokeless tobacco ..................................... 43
personnel records ...................................... 89          snap award ................................................ 62
Planning and Building Director .......... 15, 17                     special value award ................................... 62
Police Chief................................... 15, 34, 36           stand-by ..................................................... 53
political activity......................................... 40       stand-by status ........................................... 19
pool vehicles ............................................. 37       STEWARDSHIP AND CONSERVATION
POSITIVE WORKPLACE ....................... 11                           ............................................................... 11
post-incident test ....................................... 47        subpoena ................................................... 53
pre-employment ........................................ 46           Substance Abuse Professional .................. 50
pre-termination hearing ............................. 59             substance use/abuse .................................. 44
professional development ......................... 76                suspended .................................................. 59
PROFESSIONALISM .............................. 11                    suspension ........................................... 19, 59
promotion ...................................... 19, 25, 26          sustainment wages .............. 7, 19, 69, 72, 73
proof of identification ............................... 24           TABLE OF CONTENTS ............................ 4
PTO .... 18, 26, 53, 54, 55, 68, 69, 70, 71, 72,                     tattoos and piercings ................................. 43
   73, 74, 75, 77, 80, 83                                            telecommute .............................................. 31
PTO donation for COBRA........................ 71                    termination 18, 19, 21, 27, 31, 55, 56, 59, 70
Public Works Director ...... 15, 17, 33, 36, 65                      time off award ........................................... 61
purpose .................................................. 9, 14     Town Attorney ........................ 15, 21, 22, 89
qualifying exigency ............................. 78, 81             Town Council. 14, 15, 16, 17, 20, 22, 24, 26,
quality of life ......................................... 9, 83         32, 33, 62


Town of Jackson, Wyoming                                             page 92                           Policy Manual April 2009
Town Manager . 4, 13, 14, 15, 16, 17, 18, 21,                      vacancies ................................................... 21
   22, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34,                     vacation canceled ...................................... 69
   35, 36, 37, 39, 40, 41, 42, 55, 56, 57, 59,                     valid driver’s license ................................. 33
   61, 64, 66, 68, 69, 70, 71, 73, 74, 76, 77,                     values ........................................................ 11
   80, 83, 85, 87, 88, 89, 90                                      vehicle policy ...................................... 33, 86
transfer ................................................ 25, 26   violence ..................................................... 31
Transit Director ......................................... 15      wellness ..................................................... 67
travel .. 14, 20, 34, 35, 36, 54, 76, 83, 85, 86,                  work schedule ........................................... 31
   87, 88                                                          worker’s compensation ....................... 36, 67
use of town property ................................. 32          workplace violence ................................... 30




Town of Jackson, Wyoming                                           page 93                          Policy Manual April 2009

				
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