The City has a Central Accident Review Board.  The purpose of this board will be to review all motor vehicle accidents that involve City of Montgomery employees and City vehicles.  The Board, when meeting in an official session, will constitute the “departmental hearing” or the “departmental meeting” and any appeals will be to the Mayor or his/her designee and/or the City County Personnel Board.  The employee shall give notice of appeal to the Mayor through the secretary of the Accident Review Board in writing within five business days.

The employee/driver involved in an accident which is to be reviewed shall be given at least two weeks written notice by the Board of the date he/she is to appear before the Board. Employees may be represented by an attorney at the Board meeting, but the attorney shall not participate in the hearing other than to consult with the employee.

The Board review will determine whether an accident was preventable or non-preventable and establish disciplinary action for implementation by the employee’s department head.  The Board will use the following criteria to make these decisions.              

• Number of previous preventable accidents while operating a City vehicle.
• Severity of the loss.
• Contributing/mitigating circumstances to the accident.
• The egregious/wanton nature of the accident.
• Previous punishments given for similar offenses.
• Consideration of the preventability of the driver’s actions.
• The employee’s previous work record.

The improper, careless, negligent, wanton, destructive, or unsafe use or operation of equipment or vehicles can result in disciplinary action, up to and including payment for equipment damage and/or termination of employment.

Decisions of the Board that provide for suspensions of five days or more shall, if not waived by the Employee, be forwarded to the Mayor for scheduling a hearing before the Mayor or his/her designee.  Any further appeals shall be done through the procedures outlined in this Personnel Handbook.

The Board will assess a deductible amount to be paid by the employee for a “preventable” accident which involves negligence per se or willful and/or wanton action by the employee.  For the purpose of establishing monetary assessments/deductibles the Board shall use the following definitions:

Preventable accident:  An accident that occurs because the driver fails to act in a reasonably expected manner to prevent it.

Negligence per se:  Negligence which is due to a violation of a law meant to protect the public  such as speed limits, traffic signs, rules of the road, etc.  The conduct can also include violations of City or departmental rules and regulations.  The conduct is automatically considered to be negligence.

Willful and/or Wanton:  Conduct committed with an intentional or reckless disregard for the safety of others.  This type of action is something more than negligence.  It includes actions to the extent of being recklessly unconcerned with the safety of people or property.  The term wanton implies a reckless disregard for the consequences of one’s behavior. 

The minimum deductible charged back to the employee is $100.00 and the maximum deductible would be 25% of the total damages, including liability, injury, etc.

PROVIDED HOWEVER, IF THE ACCIDENT IS DETERMINED TO BE BECAUSE OF GROSS NEGLIGENCE, INTENTIONAL WILLFULL AND WANTONESS, OR EGREGIOUS CONDUCT, THE EMPLOYEE WILL BE REQUIRED TO REIMBURSE THE CITY FOR ANY AND ALL PROPERTY LOSSES INCURRED AS A RESULT OF HIS/HER ACTIONS.  THIS DECISION REQUIRES A FINAL DETERMINATION BY THE MAYOR OR HIS/HER DESIGNEE.

The Board will use the following factors in assessing the amounts as stated above:

• Number of previous preventable accidents within the previous five years while operating a City vehicle.
• Severity of the loss.
• Contributing/mitigating circumstances to the accident.
• Degree of negligence by employee.
• The egregious/wanton nature of the accident.
• Previous amounts assessed to other employees for similar offenses.
• Consideration of the preventability of the driver’s actions.
• The employee’s previous work record.

An employee can choose to pay the deductible with a one-time payment (in cash) directly to Risk Management within one payday of the date of assessment or elect to pay through payroll deduction (minimum payment schedule will be $25.00 per payday).  If employee elects to pay directly to Risk Management and fails to pay within the allotted time, payroll deduction will begin on the next pay period.  Funds collected will be deposited by Risk Management into an account set up by the Finance Director and will be used to offset Vehicle Liability expenses.

EMPLOYEES WHO ARE AUTHORIZED TO DRIVE A CITY VEHICLE MAY WANT TO CONSULT WITH HIS/HER INSURANCE COMPANY TO INQUIRE INTO INSURANCE FOR NON-OWNED VEHICLES.

City Wide Backing/maneuvering Policy or Operating Within Close Proximity to Another Vehicle:  These procedures apply to large trucks (1 ton and up) all buses, and vans while backing and/or maneuvering in close proximity to other vehicles, buildings or other obstructions.

If the vehicle operator is alone and does not have any other City employees in the area to act as a spotter, he is required to exit the vehicle and perform a walk-around inspection prior to attempting to back.

Backing/maneuvering should not be attempted if any object, person, etc. is in the backing/maneuvering path.  By walking around the vehicle the driver is able to assure himself that he has sufficient rear clearances to safely back the vehicle.  It is important to re-enter the vehicle and begin backing/maneuvering as soon as the walk-around is accomplished.  By backing/maneuvering immediately after the inspection, the driver can safely back the vehicle before the situation changes and his rear clearance is compromised by other vehicles and/or pedestrians.

If there are two employees available, either riding in the vehicle or at the worksite, they will both act as spotters for the driver while /maneuvering..  Both spotters will exit the vehicle and take a position at the rear of the vehicle, on the ground, where they can be seen by the driver.  Their responsibilities include checking the rearward path for proper clearance, looking for pedestrians, and other vehicles.  They will then use hand signals to guide the driver safely through the backing/maneuvering operation.  Backing/maneuvering should not be attempted if any object, person, etc., is in the backing/maneuvering path.

The driver will not back his vehicle until such time as the spotter has positioned himself to the rear of the vehicle and gives the driver the signal to begin backing/maneuvering.  The driver will stop immediately if the spotter so signals.  The driver must also stop immediately, if for any reason one of the spotters disappears from sight.  The driver will not resume movement of the vehicle until; the spotter has reappeared and resumes movement signaling.

If there is only one employee available in the vehicle or at the worksite they will follow the same procedures as listed above with one spotter.  Extreme caution must be taken as there is now only one set of “eyes” available.  It may be necessary for the spotter to signal the driver to stop so that he can change positions to insure safe backing/maneuvering clearances. 

The driver is responsible for the safe operation of the vehicle and as such shall direct an employee(s), if available, to act as a spotter.  Any driver who is found in violation of this policy will be subject to the Progressive Disciplinary Policy.  In addition, any employee who refuses to act as a spotter or carry out those duties will be subject to the Progressive disciplinary Policy.                                                

Mandatory Defensive Driver Training.
All authorized City drivers will attend a mandatory Defensive Driver Class within 45 days of being certified to operate a City vehicle.  The Risk Management Division will conduct classes for all departments other than sworn officers and firefighters (the initial training provided to recruits in the academy will serve to fulfill this requirement).  These classes will be scheduled, coordinated, and conducted by the Risk Management Division.

All drivers will complete refresher training every 18 months.  The Police and Fire Department will be responsible for coordinating, scheduling, and conducting their refresher training.  All other departments’ training will be scheduled, coordinated, and conducted by the Risk Management Division.

All City Drivers who are involved in a preventable accident will attend refresher Defensive Driver Training within 45 days of meeting the Central Accident Review Board.  The Police and Fire Department will be responsible for insuring their personnel receive this training.  All other departments will have this training scheduled, coordinated, and conducted by the Risk Management Division.

See Accrued leave Chart in City/County Personnel Rules and Regulations.

The City is committed to providing a work environment in which employees may complain about alleged discrimination or other problems, including harassment, without fear of retaliation.  The City strictly prohibits discrimination against any employee because he or she has opposed any unlawful employment practices or because he or she has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing regarding such alleged practices.

Any employee who wants to report an incident of retaliation should promptly report the matter as outlined above “Reporting and Investigating Harassment Charge”.   Employees can raise concerns and make reports without fear of reprisal or retribution.

Any employee, supervisor, or manager who becomes aware of possible retaliation shall promptly advise any of the persons listed above.  Anyone engaging in retaliation will be subject to disciplinary action, up to and including immediate termination of employment.

The following are policies relating to the assignment, use, and procedures when an accident occurs.

Vehicle Operations Policy
Definition of a City Vehicle:  Any vehicle that is owned, leased, rented, in the custody of, or loaned to the City of Montgomery.  This includes equipment that does not require a driver’s license but will be operated on a public street.

Driver’s License Requirements:
Prospective and current employees, whose job duties include the operation of a City vehicle, or who may use their personal vehicle for City business, must be in possession of a valid and current Alabama driver’s license to include the appropriate class of commercial license for the vehicle being operated.  Should a prospective employee have a valid out of state license when employed, he/she shall obtain a valid Alabama drivers’ license within 30 days of employment.

All employees who drive a vehicle into a city owned lot shall be properly licensed and must have proof of liability insurance as provided by law.  Failure to abide by this provision may result in disciplinary action up to and including termination for the first offense.

Under no circumstances shall a City employee, whose license has been cancelled, revoked, suspended, or expired, operate a vehicle around or about a roadway, including any City-owned property, including parking lots parking decks, etc.

During the hiring, promotion, or transfer of a current or prospective City employee, whose duties include the operation of a City vehicle, said employee shall produce a valid and current Alabama driver’s license, which shall be in his/her possession at all times while driving, operating, or in readiness to operate a motor vehicle.

An employee, whose job duties include the operation of a City vehicle, shall immediately, within 24 hours, notify his/her department head (or delegated official) of any change in the status of his/her driver’s license or the receipt of any citation for a moving violation in the operation of a motor vehicle whether the citation is on or off the job.  Failure to immediately report a driver’s license revocation, suspension, cancellation, or citation, as required by this paragraph, shall result in disciplinary action in adherence with Rule IX, City of Montgomery Personnel Rules and regulations and this section. 

• An employee who fails to report a change in the status of his/her driver’s license or the receipt of any citation for a moving violation shall be subject to one or more of the following:
• letter of reprimand, or
• suspension without pay, or
• revocation of driving privileges and transfer/demotion to a job not
• requiring the ability to drive, or
• termination of employment

Motor Vehicle Record (MVR) Requirements:
An applicant for a position with the City of Montgomery, whose job duties include driving a City vehicle, will have his/her current MVR reviewed, prior to being employed, by the hiring authority or so delegated official.  If the MVR has greater than eight points in a 24 month period listed for traffic violations or a conviction or pending charge for driving under the influence during that period, that applicant will be disqualified from consideration for the position in question.   

If a current employee whose job description includes the duty to operate a City vehicle, has, at any time, an MVR that is found to be greater than eight (8) points according to the points scale for the State of Alabama UTC offense codes, that employee shall be required to attend a defensive driving course at his/her own expense.  The accumulation of points is for a 24-month period.  The date of reference for points accumulation shall be the date of the conviction.  The Risk Management Division shall be responsible for reviewing on an annual basis the MVR of employees subject to this policy.

The employee who is identified as having an MVR greater than eight (8) points will be given two weeks from the date of notification to schedule an external defensive driving course at his/her expense and must complete the course at its next offering and provide proof of completion.  If it is not done in a timely manner, the employee’s driving privileges will be suspended until such proof of completion is presented.

Any current employee arrested for driving under the influence of alcohol or drugs will be immediately prohibited from operating City vehicles.  No employee may refuse a blood alcohol test or Breathalyzer test for an accident that occurs while working or in a city vehicle.  If the person is ultimately found not guilty of driving under the influence of alcohol or drugs, driving privileges will be returned immediately.  If the person is found guilty, driving privileges will be taken away for an additional period not to exceed one (1) year starting with the initial date driving privileges were revoked.  If greater than one year has elapsed between the date of arrest and conviction for DUI, the employee’s driving privileges will be revoked for, at least, an additional 90 days from the date of conviction.  It is the responsibility of the employee to report such an arrest to his/her supervisor and the Risk Management Department.  Failure to report the arrest may result in disciplinary action up to and including termination of employment. 

Seat Belt Use
Seat Belt use is mandatory in all City vehicles.  This applies to both the driver and all passengers in seating locations equipped with seat belts. 

Procedures for Obtaining Certification to Operate City Vehicles
Police and Fire Departments:  In addition to the provisions outlined hereinabove, the Police and Fire Department shall   develop their own procedures for certifying employees and applicants to operate City vehicles.  These procedures must comply with the driver’s license and MVR requirements outlined in this policy.  The Police and Fire Department shall provide the Safety and Training Supervisor with a roster of each graduating academy class.  This roster should list new officers and firefighters by name and driver’s license number.  Annually, the Police and Fire Department shall provide the Safety and Training Supervisor with a list of authorized drivers.

All Other Departments:  All new employees who may, as a part of his/her job duties, operate City vehicles or current employees being promoted or transferred into positions that may require operating City vehicles will have their driver’s license and current MVR reviewed by the appropriate department head or designee. The MVR and the employee will be brought to the Safety and training Supervisor who will certify the employee to operate City vehicles and brief the employee on the City of Montgomery Motor Vehicle Operations Policy.

Continuing or Converting Your Group Health Insurance Coverage (COBRA)

If you resign or are terminated from the City's employ or if your work hours are reduced, and if this event makes you or your dependents no longer eligible to participate in one of our group health insurance plans, you and your eligible dependents may have the right to continue to participate for up to eighteen months at your (or your dependents') expense.  If you are determined to be disabled under the Social Security Act at the time your termination or reduction in hours occurs, you may be entitled to continuation coverage for up to twenty-nine months.

You are receiving this notice because you may be covered under one or more group health plans.  The plan (or plans) under which you have become covered are listed at the end of this notice and are referred to collectively in this notice as "the plan."  This notice contains important information about your right to COBRA continuation coverage, which is a temporary extension of coverage under the plan.  This notice generally explains COBRA continuation coverage, when it may become available to you and your family, and what you need to do to protect the right to receive it.

The right to COBRA continuation coverage was created by a federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).  COBRA continuation coverage can become available to you when you would otherwise lose your group health coverage.  It can also become available to other members of your family who are covered under the plan when they would otherwise lose their group health coverage.  For more information about your rights and obligations under the plan and under federal law, you should review the plan’s summary plan description or contact the Plan Administrator for the plan.  You will find the name, address, and telephone number of the Plan Administrator at the end of this notice.

What is COBRA Continuation Coverage?

COBRA continuation coverage is a continuation of plan coverage when coverage would otherwise end because of a life event known as a “qualifying event.”  Specific qualifying events are listed later in this notice.  After a qualifying event, COBRA continuation coverage must be offered to each person who is a “qualified beneficiary.”  You, your spouse, and your dependent children could become qualified beneficiaries if coverage under the plan is lost because of the qualifying event.  However, you and your family members are not entitled to COBRA coverage if you are employed as a nonresident alien who received no U.S. source income.  Under the plan, qualified beneficiaries who elect COBRA continuation coverage must pay for COBRA continuation coverage. 

What are Qualifying Events for a Covered Employee?

If you are a covered employee, you will become a qualified beneficiary if you lose your coverage under the plan because either one of the following qualifying events happens:

• Your hours of employment are reduced, or
• Your employment ends for any reason other than your gross misconduct.

What are Qualifying Events for a Covered Spouse?

• If you are the spouse of a covered employee, you will become a qualified beneficiary if you lose your coverage under the plan because any of the following qualifying events happens:
• Your spouse dies;
• Your spouse’s hours of employment are reduced;
• Your spouse’s employment ends for any reason other than his or her gross misconduct;
• Your spouse becomes enrolled in Medicare (under Part A, Part B, or both); or
• You become divorced from your spouse.

If your spouse cancels your coverage under the plan in anticipation of divorce and a divorce later occurs, the divorce may be considered a qualifying event even though you actually lost coverage under the plan earlier.  If you timely notify the Plan Administrator of the divorce and can establish that the covered employee canceled your coverage under the plan in anticipation of divorce, COBRA coverage may be available to you beginning on the date of your divorce (but not for the period between the date your coverage ended and the date of the divorce).  See the rules below under "You Must Give Notice of Some Qualifying Events" regarding your obligation to provide timely notice to the Plan Administrator and the procedures for doing so.

What are Qualifying Events for Covered Dependent Children?

• Your dependent children will become qualified beneficiaries if they lose coverage under the plan because any of the following qualifying events happens:
• The parent-employee dies;
• The parent-employee’s hours of employment are reduced;
• The parent-employee’s employment ends for any reason other than his or her gross misconduct;
• The parent-employee becomes enrolled in Medicare (under Part A, Part B, or both);
• The parents become divorced; or
• The child stops being eligible for coverage under the plan as a “dependent child.”

A child of the covered employee or former employee who is receiving benefits under the plan pursuant to a qualified medical child support order is entitled to the same rights under COBRA as a dependent child of the covered employee.  A child born to, adopted by or placed for adoption with a former employee during the period of COBRA coverage may also be a qualified beneficiary if the former employee is a qualified beneficiary who has elected COBRA coverage. 

Additional Qualifying Event for Covered Retirees

If the plan provides retiree health coverage, sometimes filing a proceeding in bankruptcy under title 11 of the United States Code can be a qualifying event.  If a proceeding in bankruptcy is filed with respect to the employer sponsoring the plan, and that bankruptcy results in the loss of coverage of any retired employee covered under the plan, the retired employee will become a qualified beneficiary with respect to the bankruptcy.  The retired employee’s spouse, surviving spouse, and dependent children will also become qualified beneficiaries if bankruptcy results in the loss of their coverage under the plan.

When is COBRA Coverage Available?

The plan will offer COBRA continuation coverage to qualified beneficiaries only after the Plan Administrator has been notified that a qualifying event has occurred.  When the qualifying event is the end of employment or reduction of hours of employment, death of the employee, commencement of a proceeding in Bankruptcy with respect to the employer if the plan provides retiree health coverage, or the employee's becoming enrolled in Medicare (under Part A, Part B, or both), the employer must notify the Plan Administrator of the qualifying event.

You Must Give Notice of Some Qualifying Events

For the other qualifying events (divorce of the employee and spouse or a dependent child’s losing eligibility for coverage as a dependent child), you must timely notify the Plan Administrator in writing (using the procedures specified in the paragraph below entitled "Qualifying Event Notice Procedures") within 60 days after the qualifying event occurs or within 60 days after the date on which coverage would be lost because of the event, whichever is later.  If these procedures are not followed or if the notice is not provided in writing to the Plan Administrator during the 60-day notice period, any spouse or dependent child who loses coverage under the plan will not be offered the option to elect COBRA coverage as a result of these qualifying events. 

• Qualifying Event Notice Procedures:  Any notice of a qualifying event that you provide must be in writing.  Oral notice, including notice by telephone, is not acceptable.  You must mail or hand deliver your notice to the Plan Administrator identified at the end of this notice.  Your notice must be received by the Plan Administrator no later than the last day of the required 60-day notice period unless you mail it.  If mailed, your notice must be postmarked no later than the last day of the required 60-day period.  The notice you provide must state:
• the name of the plan or plans under which you lost or are losing coverage,
• the name and address of the employee covered under the plan,
• the name(s) and address(es) of the qualified beneficiary(ies), and
• the qualifying event and the date of the qualifying event.

If the qualifying event is a divorce, your notice must include a copy of the divorce decree.  For your convenience, we have attached a form of Notice by Qualified Beneficiaries of Initial Qualifying Event that you may use to notify the Plan Administrator of a qualifying event.  You may also get a copy of this form, at no cost to you, from the Plan Administrator. 

Other Notices You Must Give:  You must also give notice of other events that are described later in this notice. For example, please refer to the later paragraphs in this notice entitled "Disability extension of 18-month period of continuation coverage" and "Second qualifying event extension of 18-month period of continuation coverage" for the notice procedures and notice time periods that apply to you in those circumstances.

How is COBRA Coverage Provided?

Once the Plan Administrator receives timely notice that a qualifying event has occurred, COBRA continuation coverage will be offered to each of the qualified beneficiaries.  Each qualified beneficiary will have an independent right to elect COBRA continuation coverage.  Covered employees may elect COBRA continuation coverage on behalf of their spouses, and parents may elect COBRA continuation coverage on behalf of their children.  COBRA continuation coverage is a temporary continuation of coverage. 

Duration of COBRA Coverage for Covered Employees

If you are the covered employee and the qualifying event is the end of employment or reduction in hours of employment, COBRA continuation coverage will continue for up to a total of 18 months from the date of your termination of employment or reduction in hours, assuming you pay your COBRA premiums on time.  If, apart from COBRA, your employer continues to provide coverage to you after your termination of employment or reduction in hours (regardless of whether such extended coverage is permitted under the terms of the plan), the extended coverage you receive will ordinarily reduce the time period over which you may buy COBRA benefits.

If you are the covered employee and you are on a leave of absence covered by the Family and Medical Leave Act of 1993 (FMLA), and you do not return to work, you will be given the opportunity to buy COBRA coverage.  The period of your COBRA coverage will begin when you fail to return to work following the expiration of your FMLA leave or you inform your employer that you do not intend to return to work, whichever occurs first.

Duration of COBRA Coverage for Covered Spouses and Dependent Children

If you are a covered spouse or dependent child and the qualifying event is the end of employment or reduction of the employee's hours, COBRA continuation coverage generally lasts for up to a total of 18 months from the date of termination of employment or reduction in hours, provided that COBRA premiums are paid on time.  However, if the covered employee became enrolled in Medicare before the end of his or her employment or reduction in hours, COBRA continuation for the covered spouse and dependent children will continue for up to 36 months from the date of Medicare enrollment or 18 months from the date of termination of employment or reduction in hours, whichever period ends last.  For example, if a covered employee becomes enrolled in Medicare 8 months before the date on which his employment terminates, COBRA continuation coverage for his spouse and children can last up to 36 months after the date of Medicare enrollment, which is equal to 28 months after the date of the qualifying event that is termination of employment (36 months minus 8 months). 

If you are a covered spouse or dependent child and the qualifying event is the death of the employee, the employee's becoming enrolled in Medicare (under Part A, Part B, or both), your divorce, or a dependent child's losing eligibility as a dependent child, COBRA continuation coverage lasts for up to a total of 36 months, provided that COBRA premiums are paid on time. 

There are two ways in which the 18-month period of COBRA continuation coverage can be extended. 

Disability extension of 18-month period of continuation coverage

If you or anyone in your family covered under the plan is determined by the Social Security Administration (SSA) to be disabled and you timely notify the Plan Administrator or its designee in writing, you and your entire family may be entitled to receive up to an additional 11 months of COBRA continuation coverage, for a total maximum of 29 months.  The disability would have to have started at some time before the 60th day of COBRA continuation coverage and must last at least until the end of the 18-month period of continuation coverage.  In order for this disability extension to apply, you must timely notify the Plan Administrator or its designee in writing (using the SSA Disability Notice procedures specified below) of the SSA disability determination before the end of the 18-month period of continuation coverage and within 60 days after the later of (i) the date of the initial qualifying event, (ii) the date on which coverage would be lost because of the initial qualifying event, or (iii) the date of the SSA disability determination. 

SSA Disability Notice Procedures:  Any SSA disability notices that you provide must be in writing.  Oral notice, including notice by telephone, is not acceptable.  You must mail, fax or hand deliver your notice to the Plan Administrator.

• Your notice must be received by the Plan Administrator no later than the last day of the required 60-day notice period unless you mail it.  If mailed, your notice must be postmarked no later than the last day of the required 60-day notice period.  The notice you provide must state:
• the name of the plan or plans under which you lost or are losing coverage,
• the name and address of the employee covered under the plan,
• the name(s) and address(es) of the qualified beneficiary(ies),
• the qualifying event and the date of the qualifying event,
• the name of the disabled qualified beneficiary,
• the date that the qualified beneficiary became disabled, and
• the date that the SSA made its determination of disability.

Your notice must also include a copy of the SSA disability determination.  For your convenience, we have prepared a form of Notice by Qualified Beneficiaries that you may use to notify The Plan Administrator of a SSA disability determination.  You may get a copy of this form, at no cost to you, from either the Plan Administrator or The Plan Administrator.  If these procedures are not followed or if the notice is not provided in writing to The Plan Administrator within the required time period, there will be no disability extension of COBRA continuation coverage.  You must also notify The Plan Administrator within 30 days of any revocation of Social Security disability benefits

Second qualifying event extension of 18-month period of continuation coverage

If your family experiences another qualifying event while receiving 18 months of COBRA continuation coverage, the spouse and dependent children in your family can get up to 18 additional months of COBRA continuation coverage, for a maximum of 36 months, if timely notice of the second qualifying event is properly given to the plan.  This extension may be available to the spouse and any dependent children receiving continuation coverage if the employee or former employee dies, becomes enrolled in Medicare (under Part A, Part B, or both), or gets divorced, or if the dependent child stops being eligible under the plan as a dependent child, but only if the event would have caused the spouse or dependent child to lose coverage under the plan had the first qualifying event not occurred. 

For example, the former employee becoming enrolled in Medicare will rarely be a second qualifying event that would entitle the spouse or dependent children to extended COBRA coverage.  This is so because, for almost all plans that are subject to COBRA, this event would not cause the spouse or dependent children to lose coverage under the plan had the first qualifying event not occurred.  

In order for this 18-month extension to apply, you must timely notify the Plan Administrator in writing (using the notice procedures specified in the above paragraph entitled "Qualifying Event Notice Procedures") of the second qualifying event within 60 days after the second qualifying event occurs or within 60 days after the date on which coverage would be lost because of the event, whichever is later.  In addition, your notice must also name the second qualifying event and the date of the second qualifying event.  For your convenience, we have prepared a form of Notice by Qualified Beneficiaries that you may use to notify the Plan Administrator of a second qualifying event.  You may get a copy of this form, at no cost to you, from the Plan Administrator.  If these procedures are not followed or if the notice is not provided in writing to the Plan Administrator during the required 60-day notice period, there will be no extension of COBRA coverage as a result of the second qualifying event. 

If You Have Questions
Questions concerning your plan or your COBRA continuation coverage rights should be addressed to the Plan Administrator.  For more information about your rights under ERISA, including COBRA, the Health Insurance Portability and Accountability Act (HIPAA), and other laws affecting group health plans, contact the nearest Regional or District Office of the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) in your area or visit the EBSA website at www.dol.gov/ebsa.  (Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA’s website.) 

While at work, employees are expected to exercise the same discretion in using personal cellular phones, PDAs, and other handheld electronic devices as is expected for the use of all City devices and equipment. In the remainder of this policy, these devices are collectively referred to as "handheld devices". Excessive use of these handheld devices during the workday can interfere with employee productivity and be distracting to others. A reasonable standard is to limit personal calls during work time to no more than one per day as needed. Employees are, therefore, asked to use these handheld devices on non-work time and to ensure that friends and family members are aware of City's policy. Flexibility will be provided in circumstances demanding immediate attention. The City will not be liable for the loss of handheld devices brought into the workplace.

The City understands that camera phones and audio recording devices are used by many of its employees and recognizes that their use is normally harmless in social or purely personal settings. In certain situations, however, using camera phones or audio recording devices puts the City’s confidential information, trade secrets and employees' privacy at risk. The City permits use of the photographic or audio function of these phones only in public areas of the City premises, such as the reception and waiting areas, or on areas that can be viewed from public property.

Employees cannot use their camera phones to photograph any client, customer, or co-worker without the express permission of that person.

Recording Devices: To maintain the security of our premises and systems, the City prohibits unauthorized photography, audio or video recording of its employees, confidential documents, or citizens. Employees may not use a cell phone, PDA or any other handheld device in a manner that violates our Harassment Policy, Equal Employment Opportunity Policy, or other City policies. Employees may not use a cell phone, PDA or any other handheld device in any way that may be seen as insulting, disruptive, obscene, offensive, or harmful to morale. Employees who violate this policy are subject to discipline, up to and including immediate termination of employment.

It is required that an employee informs the supervisor in writing of any changes in his/her name, address, telephone number, number of dependents, emergency contact person, and driver’s license status and status of insurance.  By doing so, personnel information will always be up-to-date and this will help the City in handling benefits, pay, and other matters important to an employee and his/her family.  The information provided by the employee shall be deemed to be the official information for any correspondence.

The Mayor has established the Office of City Investigations to investigate complaints and accusations of wrongdoing against and/or by City employees. When a citizen or an employee makes a complaint, they will be interviewed by one of the investigators.  If another employee is named in the complaint in any manner, he/she may be called to the office for an interview.  Before any employee is interviewed, he/she will be advised of the rights associated with the interview, the interview process, and will be asked to sign a “Garrity” form.  All employees must be completely honest in the interview process and must give complete information as requested.  The employee will be advised to not discuss the interview or the case with any other employee.  Failure or refusal to honestly give information or divulging information about the interview or case can lead to severe disciplinary action up to and including termination for the first offense.

Every employee of the City of Montgomery is a “public employee”.  The taxpayers of this City entrust every employee with the responsibility of carrying on business beneficial to the taxpayer.

Some employees will have to complete an annual questionnaire for the state Ethics Commission.  The City will give these employees the forms and other required information.  These employees are responsible for filing the reports in a timely manner.

Employees cannot use any City equipment, including cell phones and computers, to make money or gain a personal benefit.  Any employee who engages in the activities described above will be subject to severe disciplinary action in addition to any prosecution by the Alabama Ethics Commission. 

Employees of the City of Montgomery are subject to the provisions of the Ethics Law, the decisions of the Ethics Commission and the Alabama Ethics Commission.  Employees may visit the Ethics Commission’s website to acquire further information of interest.

The Ethics Law states in part:                                        

“No public official or public employee shall use or cause to be used equipment, facilities, time, materials, human labor, or other public property under his/her discretion or control for the private benefit or business benefit of the public official, public employee, any other person….”  Section 36-25-5(c) Code of Alabama 1975. 

If an employee uses City/taxpayer time, equipment, facilities, materials, his or her work time, someone else’s work time or other public property for personal gain that employee is guilty of violating the above quoted section. 

It is against the City’s policy for employees to deal in private transactions that compete with the City or to engage in any way in any other business that competes with the City.

It is important to the City that all employees observe high ethical standards and treat their fellow employees fairly. Employees must not allow personal or financial relationships with clients or those people seeking business with the City to interfere with the best interests of the City.  Similarly, personal or family relationships between employees within the same department will not be allowed to create the appearance of favoritism or otherwise affect the workplace.

Giving, soliciting, or accepting a gift from citizens, clients and/or suppliers is contrary to City policy except as provided in this section. To protect you and the City, every employee must understand the serious implications of accepting any monetary gift in any form or any “gifts” from any citizen, client, fellow employees and/or supplier.  If a “gift” is offered to you, contact your supervisor for approval.  Failure to do so could result in disciplinary action up to and including termination of your employment with the City.

You may accept greeting cards, items, services with little intrinsic value that are intended solely for presentation (such as plaques, certificates, and trophies), promotional items commonly distributed to the general public, and items or services of de minimis value.

There is currently no definition of “de minimis”.  A rule of thumb you might use would be to ask:  “Could I put this on EBay and make some money?”  Or:  “Is this gift the type of item I might throw in the trash can when I get home?”

NOTE:  Even a gift that is di minimis in value could be considered to be inappropriate and in violation of the law and this handbook if the intent of the gift was to try to influence a City employee for the benefit of the person or entity giving the gift.

Engaging in a romantic relationship or sexual relationship with a subordinate employee, fellow departmental employee or co-worker may constitute a conflict of interest.  Such information should be disclosed to your supervisor who will consider the issue and advise the employee accordingly.

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Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, or verbal or physical contact of a sexual nature when any of the following occurs:

Submission to such conduct is made a term or condition of an individual’s continued employment, promotion, or other condition of employment. This may occur by clearly-stated acts or words, or implied acts or words;

Submission to or rejection of such conduct is used as a basis for employment decisions affecting an employee or job applicant; or

Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance, or creates an intimidating, hostile, or offensive work environment.

Race, Color, Religion, National Origin, Age, and Disability Harassment:

• Unwelcome statements, name-calling, or other offensive verbal, written, graphic, e-mail or physical conduct based upon an employee’s race, color, religion, national origin, sexual preference, age, or disability is prohibited if or when any of the following occurs:
• Submission to such conduct is made a term or condition of an individual’s continued employment, promotion, or other condition of employment;
• Submission to or rejection of such conduct is used as a basis for employment decisions affecting an employee; or
• Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance, or creates an intimidating, hostile, or offensive work environment.

Prohibited Acts of Harassment                                                          

Examples of verbal and physical sexual harassment:

• Sexually vulgar language;
• Remarks about a person’s physical anatomy;
• Distribution or display of written or graphic sexual materials including “sexting”;
• Touching another person in a sexually suggestive way; or
• Positioning oneself to look at another person’s breasts, genital area or buttocks.
• Stalking
• Staring or leering in an offensive manner or bullying.
  
  Examples of verbal and physical harassment based on race, color, religion, national origin, age and disability include, but are not limited to:
  
  
• Derogatory racial references: “coon”, “cracker”, “nigger”, “redneck”, “honky”,
• “jungle bunny”, etc.;
• Prohibited disability references: “deaf and dumb”, “cripple”, “spastic”, “retard”,
• “crazy”, etc.;
• Demeaning national origin references: “dago”, “polack”,  “pedro”, “wetback”, “slant eyes”, “jap”, “spic”, etc.;
• Derogatory age references: “old-timer”, “old fart”, “old hag”, “dinosaur”,
• “mummy”, etc.;
• Display of signs, pictures, cartoons, written statements or other material

  that denigrates or discriminates against any employee(s) based on his or her race, color, religion, national origin, sexual orientation, age or disability; or

• Pushing, shoving or other intentional act or conduct perpetrated in whole, or in part, because of another’s membership in a protected category.

Violations of these provisions will subject the employee to disciplinary proceedings that may include a recommendation for termination for the first offense.

Reporting and Investigating Harassment Charges

Any employee who believes that he or she is being harassed should report it immediately in writing or verbally through one of the officers listed below. If the complaint is made verbally, the complainant should make and maintain a written account detailing the date of the incident(s), what was said or done, and the names of all witnesses. The complainant shall make the report to his or her immediate supervisor, (unless the complaint is against that person).  If the complaint is against the immediate supervisor, the employee may then file the complaint with the department/division head (or designee).  The employee may file his/her complaint at any time with the Office of City Investigations or the Personnel Department.  

It is the policy of the City of Montgomery not to discriminate on the basis of disability against any qualified person. To this end all decisions relating to employment including, but not limited to recruitment, selection, training, assignment, promotion, compensation, transfer, benefits, and education, will be determined by the applicant's or employee's ability with consideration of any requested reasonable accommodation. This policy is applicable to all employment policies and practices. The City also provides reasonable accommodation in connection with the provision of City services, programs and activities.

The City will comply with federal and state laws concerning the employment of individuals with a disability. Accordingly, it is the City's policy not to discriminate against qualified individuals who have a disability with respect to selection and hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment. Further, the City will make reasonable efforts to make a reasonable accommodation to qualified individuals with a disability so that they can perform the essential functions of a job.

Reasonable Accommodation
Reasonable accommodation is an adjustment to job duties, performance methods, and/or work setting or service delivery to meet the individualized need of an individual, applicant or employee with a disability.

The provision of a reasonable accommodation removes barriers in a specific situation, which prevent or limit the application process, recruitment, employment and upward mobility of a qualified person with a disability or prevents their participation in a program, activity or event.

Examples of reasonable accommodation

• Making facilities accessible and usable;
• Job restructuring;
• Modifying work schedules;
• Implementing flexible leave policies;
• Reassigning to a vacant position;
• Providing assistive equipment at City programs;
• Modifying test, training materials and policies; or
• Providing qualified readers or interpreters

A request for reasonable accommodation by an employee is the first step in an informal, interactive process between the individual and the City. The next step in this informal process is to clarify what the individual needs and identify the appropriate reasonable accommodation.

Offers of employment or promotion may be conditioned on completion of a medical examination, to ensure that the person is capable of performing the job's essential functions with or without reasonable accommodation, if necessary. This medical examination is given after a conditional employment offer is made and before the commencement or promotion of employment. The City and/or its agents may not ask for genetic information or family medical history concerning the proposed employee and/or his/her family members.  Failure to submit to or complete a medical examination is viewed as rejection of the offer of employment. All information obtained by the City concerning the medical condition or history of applicants or employees is maintained in separate medical files and treated as confidential records that are disclosed only as allowed according to ADA, HIPPA and other applicable state and federal law.

All employees are required to comply with safety standards. If an applicant's physical or medical condition poses a direct threat to the health or safety of individuals in the workplace and this threat cannot be eliminated by reasonable accommodation, the individual will not be hired. Current employees who have a physical or medical condition that poses a direct threat to the health or safety to themselves or others in the workplace may be placed on appropriate leave. All employees are expected to comply with the City's Drug Free Workplace Policy.

The City will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship to the City or present other significant operational problems.

You should contact your supervisor, department head or the Office of City Investigations to request more information and/or to receive the application for a reasonable accommodation.

Employees of the City are expected to follow all laws, rules and regulations.  You should be very careful that nothing is done that would be perceived to have an “appearance of impropriety”.

In order that not even the slightest hint of possible wrongdoing be attached to City employees who hire other City employees to do work for them on their off-time, the following procedures have been adopted:

City employees will not directly hire another City employee to do work for them if the hiring employee directly supervises, recommends for promotions, or makes other recommendations concerning continued employment of the employee he/she seeks to hire to do private work.  Therefore a person who directly supervises an employee may not hire that particular employee for any personal job.

Any City employee who does hire another City employee shall:

• Reach an arm-length agreement and pay a fair amount of money for the services.  This must be documented.
• Maintain proof of other estimates received and ensure that the person hired has a current business license.
• Not give anything other than money for services:  i.e. not additional time off, any preferential treatment, etc.

This section of the handbook is intended to be for the protection against those who would try to suggest that because of the job relationship, favors, promotions or other preferential treatment was given to a fellow employee by a supervisor.

The City of Montgomery demands an alcohol and drug-free workplace. The manufacture, distribution, dispensation, possession or use of illegal drugs and of alcohol in the workplace is, therefore, prohibited. The City also recognizes that use and abuse of alcohol and of illegal drugs outside the workplace may also cause problems in the workplace.

The implementation of a drug and alcohol abuse policy by the City of Montgomery will further the overall interests of the City by (1) ensuring public safety; (2) developing public trust and integrity; (3) discouraging corruption; (4) developing high morale and safety in the workplace; (5) preventing a loss of productivity; and (6) minimizing or eliminating liability.

The City is concerned for the well-being of its employees. The City believes it has a responsibility to provide a safe, healthy, and productive working environment for all of its employees.

The City of Montgomery adopts the following policy in furtherance of its goal to establish a drug-free workplace.

Responsibility
The implementation of, and compliance with, the City of Montgomery Drug and Alcohol Abuse Policy is primarily the responsibility of the department heads. Each department head is responsible for ensuring that all aspects of this policy are followed. In addition, the department head should assign a contact person in each department who will receive confidential drug testing information. The City of Montgomery Risk Manager will be available to assist each department head in the implementation of this policy.

Illegal Drug or Alcohol Use in the Workplace
If it is determined that an employee is under the influence of, used, consumed, possessed or manufactured: (a) illegal drugs either during work hours or while on duty, or (b) alcohol, during work hours or while on duty if such use or consumption in any way impairs his/her ability to perform his/her job duties, that employee may be terminated. A drug screen or breath alcohol test will be performed, if possible, to confirm the consumption or use by the employee. An “illegal drug”, for purposes of this policy, shall include cocaine, marijuana, PCP, opiates, amphetamines, ecstasy as well as any prescription narcotic, opiate, and/or amphetamine-based drug for which the employee does not have a current, valid prescription in his/her name. Furthermore, in adherence with Title 49 Code of Federal Regulations Part 40, a breath alcohol concentration of .04 or greater shall constitute a positive finding for purposes of this policy.

Testing Based on Reasonable Suspicion During Employment
If there is reasonable suspicion to believe that an employee is using or possessing illegal drugs or is under the influence of alcohol while working for the City, this employee may be administered a drug screen and/or breath alcohol test. These tests must be in accordance with the City drug and alcohol testing procedure to include verification of the test results by a qualified Medical Review Officer (MRO) as defined in 49 CFR Part 40.

Supervisors are required to specify in writing the exact facts, symptoms, and/or observations of drug or alcohol use. Any corroboration by other sources, which formed the basis for a reasonable suspicion, must also be documented. The documentation is to be immediately forwarded to the supervisor’s department head or his designee.  The department head or designee will, in turn, forward the documentation to the City Risk Manager who will, in turn, set up the collection of the sample provided it meets the requirements for a “reasonable suspicion drug and alcohol test.”

• Circumstances which provide a basis for determining reasonable suspicion may include, but are not limited to:
• Direct observation of drug or alcohol use
• Presence of physical symptoms consistent with drug or alcohol use, i.e. alcohol odor, slurred speech, poor coordination and/or reflexes
• Abnormal or erratic behavior by the employee
• Information concerning recent drug or alcohol use by the employee, from a reliable and credible source.

On-the-Job Testing
Any employee who suffers an on-the-job injury that may result in a Workers’ Compensation Claim will be subject to a drug screen and/or breath alcohol test pursuant to the City drug and alcohol testing procedure. The test result must be verified by a qualified medical review officer (MRO). If the test results are positive for drug or alcohol use, workers compensation benefits may not be paid to the employee. Furthermore, the employee will be subject to paragraph “G” of the drug and alcohol testing procedure. A drug screen will be performed after each and every on-the-job injury that is treated by a physician; furthermore, if the physician or supervisor has reasonable suspicion to believe that the injured employee is under the influence of alcohol, a breath alcohol test will be administered as well.

The injured employee has twelve (12) hours, from the time of the injury, to submit to the required drug screen. The injured employee must submit to the breath alcohol test immediately upon request absent an overriding cause for delay. Failure to adhere to these time restraints may subject the employee to termination of employment and/or denial of workers compensation benefits.

FOR ALL CITY OF MONTGOMERY COMMERCIAL DRIVERS AND OTHER AUTHORIZED OPERATORS OF CITY OWNED VEHICLES

In addition to the above stated policy, the following testing must be implemented for commercial drivers pursuant to the Omnibus Transportation Employee Testing Act, Public Law 102-143, which amends the Commercial Motor Vehicle Safety Act of 1986. All non-commercial drivers are directed to follow this provision due to their authorized operation of City owned vehicles and not resulting from Federal Law.

Random Testing
All authorized drivers of City owned vehicles who are required to drive as a part of his/her job, transport employees, or work in an area where injury can occur, commercial or otherwise, shall be subject to at random drug and alcohol testing during work hours. The City of Montgomery Risk Manager shall submit at random a list of commercial and other authorized drivers from each applicable department for testing following the City Drug and Alcohol Testing Procedure to include verification of results by the MRO. The Risk Manager will be responsible for ensuring that all technical aspects of this at random testing follow U.S. Department of Transportation rules and regulations. The random testing will be conducted in phases and will ensure that the federally mandated percentage of commercial drivers is tested annually.

Post-Vehicular Accident
An authorized driver with the City of Montgomery may be given a drug screen and breath alcohol test following any vehicular accident involving a commercial or other vehicle owned by the City of Montgomery where there is loss of life, bodily injury, or significant property damage (in excess of $100.00). If the law enforcement officer who investigates the accident determines that there is no evidence nor reasonable suspicion to believe that the City driver was at fault, there is no injury to any person involved in the accident, no vehicle has to be towed because of damage,  and the driver does not show signs of being under the influence, the drug test/alcohol test may not be immediately required.  The police officer shall document his/her findings and determinations and supply that document to the Risk Manager of the City of Montgomery the following business day.   The Risk Manager, after reviewing the documents, may require that the testing be administered.  The testing will follow the Drug and Alcohol Testing Procedure to include verification by an MRO. The drug screen should be performed as soon as possible but no later than twelve (12) hours after the accident if the accident is on the weekend (after 5:00 p.m. on Friday through Monday) or other non-work day.   If the accident is after normal business hours, then the test shall be done by 10:00 a.m. the next business day.  If the driver is seriously injured and cannot therefore, provide a specimen for the screen, the driver must authorize the release of any hospital reports that would indicate the presence or non-presence of alcohol or controlled substances in his/her system. Failure to adhere to the time constraints of the testing procedure and to the release of records, could subject the employee to termination of employment.

Drivers who operate under a CDL license must also comply with the CDL regulations relating to accidents.

This policy does not supersede any drug or alcohol testing policies already in place in the public safety area. It is merely designed to supplement and in no way intended to repeal any policies utilized by the Montgomery Police or Fire Departments with the exception of Section IV Drug and Alcohol Testing Procedure.

All public safety and safety sensitive employees are subject to at random testing. Public Safety employees include sworn Police and Fire Department employees. Employees who are considered to hold safety sensitive positions will be identified as such by their respective department heads and notified of this status. These positions will include, but not be limited to, positions requiring or having direct access to a controlled substance, having access to NCIC information, a position where the employee’s action or inaction directly affects public safety, and/or supervisors of those safety sensitive functions. Random testing shall be ensured through a computer-generated list or other non-discriminatory method using random names from the employment population of each public safety and/or safety sensitive employee sector.

Annually, the total number of random tests should be at least twenty five per cent (25%) of the number of the public safety and/or safety sensitive employees in each department.

Drug and Alcohol Testing Procedure
An employee who is requested to submit to a drug or alcohol screen pursuant to this policy must submit to such testing and be tested or be subject to termination. The testing may include, but is not limited to, the collection of urine, hair (non-pubic), and/or breath. If the testing involves the collection of hair and the employee intentionally cuts or removes hair thus making the testing reasonably impossible, without a valid medical or other excuse, the employee will be given a maximum of thirty (30) days from the date of notification to provide the required hair sample. Failure to provide such a sample will be deemed a refusal to submit to testing and could subject the employee to punishment, up to and including, termination.

An employee who is requested to submit to a drug or alcohol screen will report immediately to the City designated testing or collection facility.  This is a priority over all other duties.

All drug and alcohol testing procedures shall be in accordance with rules and regulations of the testing or collection facility.

Substances Covered By Drug/Alcohol Testing
Employees will be tested for their use of commonly-abused controlled substances, including, but not limited to:  Amphetamines, Barbiturates, Benzodiazepines, Opiates, Cannabinoids, Cocaine, Methadone, Methaqualone, Phencyclidine (PCP), Propoxyphene and chemical derivatives of these substances.

Testing Methods and Procedure
All testing will be conducted by a licensed independent medical laboratory, which will follow established testing standards.  Testing will be conducted on a head or body hair sample provided by the candidate to the testing laboratory under procedures established by the laboratory to insure privacy of the employee, while protecting against tampering/alteration of the test results.

The City of Montgomery will pay for the cost of the initial testing.  The testing lab will retain samples in accordance with the law, so that a candidate may request a retest (safety net) of the sample at his/her own expense if he or she disagrees with the test result.

Right to Explain Test Results
All candidates have the right to present their explanation for the positive test results.  This meeting will be with the safety officer for the City.  These conversations shall be considered confidential except that information disclosed in such tests will be communicated to personnel within the City or within the Lab who need to know such information in order to make proper decisions regarding the test results or regarding the employment of the individual.

Right to Review Records
The City will only provide a copy of test results to candidates who test positive.

Confidentiality Requirements
All records concerning test results will be kept in secured medical files that are maintained separately from the City’s personnel files.

Testing laboratories may conduct testing only for substances included on the disclosure list provided to the individual, and may not conduct general testing related to the medical conditions of the individual which are unrelated to drug usage.

The drug or alcohol test results will be forwarded to the City Risk Manager by the testing facility. The reports will be sent to the employee’s department head or his designee and are to be kept secure and confidential, in a separate file, for at least three years. Each department head will assign only one other employee access to these files. Also, these designated employees will sign a statement acknowledging the need to maintain the confidentiality and privacy of these files. No other employee shall have access to these files without the express authorization of the Mayor.

All positive urine and/or hair specimens of drug tests will, to the maximum degree possible, be retained at the testing facility for at least thirty (30) days following the written report to the City. Any employee whose test results are positive may secure the split urine specimen sample and have an independent test performed, or in the case of hair collections, may request a “safety net” comparison retest. The employee should notify the Risk Manager of such a request. The second test will be performed at the expense of the employee and will conform to commercially acceptable practices.

If an employee tests positive for the use of illegal drugs that were used, consumed or ingested at work or outside of work hours, or is under the influence of alcohol consumed outside of work hours but impairing behavior during work hours, that employee will be disciplined as follows:

The first violation shall result in, at a minimum, a suspension of forty-five (45) calendar days. The Mayor shall have the discretion, based upon the nature of the employee’s work responsibilities, prior work history, circumstance of the positive finding, and/or other information to discipline the employee in any other manner deemed appropriate to include, but not be limited to immediate termination of employment. Prior to an employee’s returning to work after a positive drug or alcohol screen, he must first take and pass a subsequent drug or alcohol test. Any number of follow-up tests can be administered to the employee without notification during the twelve (12) month period following the return to work.

The second violation shall automatically result in termination. A violation by a commercial driver may also result in suspension of the driver’s Commercial License based upon U.S. Department of Transportation rules and regulations.

If an employee is suspended under this policy, the employee shall, within the first five (5) days of the suspension, agree to and undergo an assessment by a medical professional, selected by the City of Montgomery, to determine whether the employee will benefit from substance abuse treatment. If such professional recommends treatment, the employee shall be given prompt written notice of such recommendation and shall be given up to 72 hours from receipt of notification to comply with such recommendation. A failure on the part of said employee to comply with such recommendation, in a timely fashion, as provided for in this subparagraph, may result in a forfeiture of rehabilitation benefits.

Drug and Alcohol Abuse Treatment
If an employee voluntarily admits to abusing alcohol, or the use of illegal drugs, or other mood or mind-altering substances and desires treatment, that employee may request treatment from any supervisory personnel of his/her department or request help from a medical provider outside the department. This request shall be kept confidential. The City of Montgomery supports such requests for help and will accommodate the needs of such employees. There will be no disciplinary action taken against an employee for requesting such treatment; so long as such request is made prior to any of the following having occurred: an alleged violation of this policy, any City mandated drug screen or breath alcohol test request, and/or the arrest of such employee for a drug or alcohol related offense or crime. An employee shall be permitted to take advantage of the provisions of this subparagraph on no more than two (2) occasions during employment with the City. (Treatment is defined as the admission to a recognized inpatient or outpatient rehabilitation program and the subsequent follow-up care.)

Upon completion of treatment, the employee must adhere to all aftercare contracts and agreements imposed by the healthcare provider and the City and may be subject to a random drug screening. If the employee does not adhere to the terms and conditions of these agreements, disciplinary action, up to and including termination, may be brought against the employee. Each employee utilizing the provisions of this subparagraph shall be required to sign a form agreeing to be bound by this requirement.

Miscellaneous
The City of Montgomery’s testing guidelines and procedures have been adopted primarily for administrative purposes. The testing is not designed to enforce the criminal laws of the State of Alabama or to bring criminal charges against an employee suspected of using drugs. The program seeks to provide the employee with a regimen of testing that is minimally intrusive while still providing accurate results. The goal is to balance the integrity and benefits of testing procedures with the employee’s right to privacy.

An individual’s test results will not be released publicly unless agreed to by the employee or ordered by a court or administrative body. Information may be used for internal administrative purposes; however, the City will strive not to breach the employee’s expectation of privacy.

Any employee arrested by law enforcement for illegal possession, use, sale or consumption of a controlled substance shall be subject to discipline up to and including termination for the first offense.  

The City’s electronic communication resources are available to assist you to successfully perform your job duties. Supervisors may permit limited personal use of City owned electronic communication devices; however, they are not intended for misuse or excessive personal use.  The City strives to protect its employees, its customers and the public from inappropriate use of the City’s electronic communication resources, and to ensure that the use of these resources is consistent with the City’s objectives and goals. This policy applies to, but is not limited to the following list of the City’s electronic communication resources available now or in the future:

1.            Computers

2.            Computer networks

3.            E-mail (both Internet- and Intranet-based)

4.            Telephone systems (including voice-mail)

5.            Faxes

6.            Mobile (cell) phones

7.            Pagers

8.            Personal digital assistants (PDA’s)

9.            Software and hardware resources

10.          Intranet

11.          Internet

12.          Video conferencing (webinars and conference calls)

13.          Closed-circuit television

14.          Documents, files or other information contained in these resources

Employees should utilize the City’s electronic communication resources in a professional and thoughtful manner. Employees are responsible for the content of communications that they access, create, transmit, receive, or store by means of these resources.  With respect to “public” activities, such as visits to websites and other Internet use, employees are associated with the City and must conduct themselves accordingly. Employees are strictly prohibited from engaging or attempting to engage in the following acts, including but not limited to:

• Engaging in any illegal activities
• Transmitting or accessing defamatory, threatening, offensive, suggestive, obscene or harassing materials, sexting, including adult material, pornography, and “off-color jokes”
• Transmitting or accessing racist, sexist or other “hate” materials, materials that advocate illegal acts, or materials that advocate violence or discrimination toward others
• Transmitting or installing destructive programs or files (such as a worm or virus) or unauthorized software, or any actions intended to damage or place an excessive load on a computer system or network
• Spamming, chain letters, multi-level marketing, mass, or un-solicited e-mails.
• Disabling or changing the configuration of any anti-virus software preloaded on a workstation or failing to scan attachments with anti-virus software before opening
• Accessing, reviewing, duplicating, installing, damaging, removing, tampering with, or modifying computer systems, programs, documents, databases, applications, accounts, access codes, user profiles, passwords, existing files, or Intranet sites
• Concealing, altering, forging, or obscuring their identities or another’s identity as the source of a communication or accessing electronic communication resources by using another’s password
• Circumventing data or system firewalls or security measures or accessing unauthorized information
• Intercepting, redirecting, or otherwise interfering with e-mail or other communications intended for others
• Gaining access to any third-party computer system or to any unauthorized the City electronic communication resource
• Violating the City policies and procedures relating to electronic communication resources
• Engaging in gambling or external chat room activities
• Soliciting or advertising for non-City purposes
• Personal cell phone/text messaging during working hours that interferes with work duties.

Alabama law prohibits texting while driving. The City prohibits employees from using wireless communications devices, including cell phones and text messaging, when driving on City business, whether driving a City vehicle or private vehicle. Drivers who need to read text message or use wireless communications device must pull over to a safe location before using the device.

“Texting” or “Text Messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. “Driving” means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

No use of personal/office cell phones/two way radios in City vehicles/equipment by the driver, or by a driver in his/her personal vehicle while on city business while the vehicle/equipment is in motion, except law enforcement on official business.

No use of a wireless device when driving a City van or bus while transporting children, residents, participants or clients.

Employees have no legitimate expectation of privacy in any use of the City’s electronic communication resources. Electronic communication resources and data, information, messages, or other communications created, accessed, or distributed through them are the property of the City. In accordance with applicable law, the City can, at any time, with or without notice, intercept, or investigate any use of its electronic communication resources, and can retrieve, display, and review the contents of any communication to or from an associate. Employees should be aware that the City’s electronic communication resources will be monitored by authorized personnel to ensure compliance with this policy. For example the City will monitor Internet message boards and websites accessed by Employees.

At times, emergencies such as severe weather, fires, or power failures can disrupt City operations.  In extreme cases, these circumstances may require the closing of some or all of the departments of the City.  Unless there is an announcement that the facility is closed, you should assume that the City is open and employees not reporting to work shall be charged against available Annual Leave.  Refer to the practices posted or announced for emergencies.

Time Off (Paid and Unpaid)

FAMILY MEDICAL LEAVE ACT OF 1993 (FMLA)
Uses of FMLA leave.  In accordance with the Family and Medical Leave Act, the City grants leave without pay to eligible employees for up to 12 weeks in a 12-month period measured forward from the date employees take his/her first FMLA leave. To be eligible for FMLA leave, employees must have worked for the City for 12 months and have worked at least 1,250 hours in the 12 months prior to taking FMLA leave. This FMLA leave is a guaranteed period of time eligible employees can be absent from work with job protection. The time off is not paid, unless the employee is taking vacation or other paid leave concurrently with FMLA leave. Employees can request or use FMLA leave to cover the time they need to be away from work for any of the purposes listed below:

Reasons for and Amount of FMLA Leave
Eligible employees can take up to 12 weeks of FMLA leave in a 12-month period because:

• •of the birth and to care for their newborn child;
• •of the placement with them of a child for adoption or foster care;
• they want to care for their spouse, minor child, adult child as provided below, or parent who has a serious health condition;
• their own serious health condition prevents them from performing their job duties; or
• their spouse, child, or parent is called up for or is on active duty in the Armed Forces and employees' circumstances justify their need for leave.

Employees can take FMLA leave for their biological children, adopted children, foster children, stepchildren, legal wards, or children for whom employees have day-to-day and financial responsibility. Children must be under age 18, or over 18 and incapable of self-care because of a physical or mental disability.

Service member family leave. Eligible employees can take up to 26 weeks of FMLA leave in a single 12-month period because their spouse, child, parent, or next of kin (nearest blood relative) is seriously ill or injured as a result of serving on active duty in the Armed Forces. (Please note that an employee’s total combined FMLA leaves for all reasons cannot exceed 26 weeks in the twelve-month period.

Married co-workers. If two spouses both work for the City, they are limited to a combined total of 12 weeks of FMLA leave because of the birth, adoption, or foster care placement of a child, or to care for a parent with a serious health condition. If the spouses have taken less than the full 12 weeks of FMLA leave during the 12-month period, they are each entitled to take the difference between 12 weeks and the amount of FMLA leave they took individually due to their own serious health condition, or to care for a child or spouse with a serious health condition. If two spouses both work for the City, they are limited to a total of 26 weeks for service member family leave and all other FMLA-qualifying reasons in a single 12-month period.

Requesting leave
Employees requesting FMLA leave must give 30 days' advance notice to their supervisors. If the need for leave is unforeseeable, such as in the case of medical emergencies, employees must inform the department head as soon as they are aware of the need for leave, but no less than five business days from the beginning of their absence, unless an emergency situation exists which makes this impossible in which case the department head must be informed as soon as practicable.  Employees will receive a Request for Family and Medical Leave form to complete and submit to the department head. If FMLA leave is taken because of employees' or their family members' serious health condition or for service member family leave, employees will receive a Certification of Health Care Provider form to complete and submit before the leave begins or within 15 days if advance notice is not provided. Employees who request FMLA leave because their spouse, parent, or child is called up for or is on active duty in the Armed Forces will receive an Active Duty Certification form to complete and submit.

Medical Certification
The City requires a medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member. If the leave is foreseeable, the employee should give 30 days notice and provide Medical Certification before the leave begins.  If leave is unforeseeable the employee shall provide notice to the department head as soon as practicable.

The employee must return the Medical Certification form within 15 calendar days of receipt.  Once the certification has been received and reviewed, or the City otherwise determines that the employee has a qualifying event that makes him/her eligible for FMLA benefits, the employee shall be on FMLA status.  If the employee submits appropriate certification at a later date that demonstrates that leave should not have been determined as FMLA qualifying, the City shall consider the leave not to be FMLA and shall restore any FMLA leave charged to that employee for that event.  If the employee fails to supply appropriate certification, the City may take appropriate disciplinary action against the employee and shall consider the absences to be unexcused.

If the City has reason to doubt the validity of a medical certification it may require the employee to obtain a second opinion at the City's expense.

After employees submit all of the required forms, they will be notified in writing whether their request for FMLA leave is approved. During leave, employees must keep the department head informed of the estimated duration of leave and their intended date to return from leave. The City, in its sole discretion, reserves the right to waive the requirement that a Certification of Health Care Provider be provided. If you give notice to a supervisor that you need FMLA leave, and you have not been contacted by the department head within 48 hours, you should consider that no notice has been provided to the City regarding your need for FMLA leave and you must contact the department head to discuss your request. 

Scheduling FMLA Leave
FMLA leave can be taken all at once or, under certain circumstances, on an intermittent or reduced leave schedule. Intermittent leave is leave taken in separate blocks of time for a single FMLA-qualifying reason. An FMLA reduced leave schedule is a work schedule that reduces employees' usual number of working hours per workday or workweek. Where employees have some control over the timing of their leave, they are expected to consult with their supervisors to try to arrange a mutually acceptable time. Employees will be informed whether they can take intermittent leave or a reduced leave schedule when they apply for FMLA leave.

Pay and Benefits During FMLA Leave
FMLA leave is unpaid. The City requires employees to substitute all of their accrued vacation, sick (in accordance with sick leave rules), compensatory, personal time or paid time off for FMLA unpaid leave. FMLA leave taken after employees' accrued vacation, sick, compensatory time and personal time is exhausted is unpaid. Holidays that occur during unpaid FMLA leave will not be paid. Employees will not accrue vacation, sick, and personal time during unpaid FMLA leave. The City maintains group health plan benefits for employees on FMLA leave. Employees are required to pay their premium copayments while they are on FMLA leave and are notified how to make the payments for their share of their group health plan premiums during leave.

Concurrent use of short-term disability and workers' compensation with FMLA leave
Employees on short-term disability or workers' compensation, for which disability or injury are eligible for FMLA, are required to take FMLA leave concurrently. For example, employees who are absent from work for four months due to a workers' compensation injury will have the first 12 weeks of that absence applied to FMLA leave.

Return From Leave
Employees returning from FMLA leave will be reinstated to their former positions or to positions with equivalent pay, benefits, and other employment terms and conditions. Certain “key” employees, who are among the highest paid employees of employers who have some control over the timing of their leave, are expected to consult with their supervisors to try to arrange a mutually acceptable time, and might not be reinstated to any position; “key” employees will be notified of their status when they apply for FMLA leave. Employees returning from FMLA leave retain all benefits they accrued prior to the start of leave. Taking FMLA leave does not count as a break in service for pension or retirement plan purposes. However, an employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period.  Each department may decide whether or not the employee must provide a “Fitness for Duty” statement from the health care provider in addition to a certification of health care provider that the employee may return to work.  (U.S. Dept. of Labor Form WH-380-E, or F for a family member.)

Privacy and leave requests. Employees must inform their supervisors that they need family or medical leave and when they expect to be absent.  However, supervisors should not ask or inquire about the reasons for the employee's leave request.  Instead, to ensure the employee's privacy, the department head or qualified personnel professional, or a management official will make any necessary inquiries and evaluate whether there is a medical need for the leave.   In no case shall the employee’s direct supervisor contact the employee’s health care provider.  The department head is responsible for ensuring that all medical information provided by employees is maintained in the strictest confidence.

Compensation and benefits during leave. FMLA leave is unpaid unless it is taken together with accrued paid leave.  However, employees on paid leave and FMLA leave continue to be covered by the City’s group health benefits plan on the same terms that are applicable for active employees.  FMLA leave does not cause employees to lose any previously accrued employment benefits. Employees are required to use all paid time, including sick leave (which meets the requirements of sick leave), compensatory time and vacation benefits before using unpaid FMLA.

Employment Prohibited While on Leave. Employees on FMLA leave are prohibited from engaging in outside employment while on leave.

Resolution of Disputes. If an employee disagrees with any FMLA related action or decision by the City it is the employee’s responsibility to submit their disagreement in writing to the department head within ten (10) days of the action or decision. The department head and the employee will then meet to discuss the matter and seek to arrive at an agreeable resolution.

Post-FMLA Unpaid Leave.  In some exceptional circumstances, the City might allow employees who have exhausted the leave available to them under FMLA to take additional unpaid leave.  The City does not guarantee that it will be able to reemploy individuals who take post-FMLA leave.  Further, during a period of post-FMLA leave, an employee's health care benefits do not continue in force, unless the worker elects to pay the full cost of COBRA coverage.  Employees should be aware that a lapse in benefits coverage or plan participation during a period of post-FMLA leave might affect coverage after the employee returns to work.

Compliance With FMLA Requirements. This policy is intended to comply with the FMLA and should be interpreted in light of regulations implementing that act. In particular, terms used in this policy have the meanings they are given in the regulations implementing the FMLA.

An employee has no greater right to reinstatement or other benefits than if he or she had not taken FMLA leave.  Therefore, if in the absence of FMLA leave the employee would have been terminated, he or she may not be entitled to reinstatement.

Direct any questions regarding eligibility, definitions, or requirements of the FMLA to the department head

It is unlawful for an employer to interfere with, restrain, or deny the exercise of any right provided by FMLA.  It is also unlawful for an employer to discriminate against an individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.

Employees should also refer to the Montgomery City County Personnel Rules and Regulations for additional information.

Attendance Policy
Regular and predictable attendance is an essential function of every City position.  Every employee is an important part of the City.  When you are absent, your co-workers bear the responsibility of attempting to accomplish your job as well as their own.  Accordingly, unauthorized or excessive absences or tardiness will not be tolerated and will result in disciplinary action, up to and including termination.  This policy applies to all non-exempt employees.  Exempt employees are also required to maintain good attendance and be punctual, but different guidelines may apply given the nature of their responsibilities.

Employees must notify their immediate supervisor, as far in advance as possible whenever they are unable to report for work or know they will be late.  If an employee’s immediate supervisor is unavailable, the employee should leave voice mail.  In addition, the employee shall contact another supervisor and request that the message be relayed to his/her supervisor.  Failure to notify the supervisor in a timely manner of any absence or delay may be grounds for termination.

Employees must obtain permission from their immediate supervisor in order to leave the City premises (assigned work place) during working hours for other than their normally scheduled lunch.

If at any time an employee has reason to believe that improper deductions have been made from their pay, or for any other reason they believe a mistake has been made concerning compensation, the employee should immediately bring the matter to the attention of the Supervisor, Department Head, City Investigations, Payroll, and/or Personnel Board.

Workweek
The workweek begins at 5:01 on Thursday afternoons and ends at 5:00 the following Thursday.  (Departments may have different work hours but the “week” begins one minute after the close of the work day on Thursday and ends the following Thursday at the close of the work day.)

Overtime
Overtime is:  Any time worked after the employee has actually worked 40 hours in a work week for which payment will be made as follows:

Overtime status must, in general, be approved in advance.  Your department will instruct you on how to apply, approval process, etc.

Exempt Employees:  Straight time – an hour for an hour.

Non-Exempt Employees:  One and one-half hours for each hour worked.

Over time is NOT:  Hours worked in excess of eight hours in one day.

Employee Status
Employees may be required to work overtime from time to time, and all employees may perform such overtime when, and only when, specifically instructed to do so by his/her immediate supervisor except in emergencies.  Non-exempt employees shall not take work home unless specifically instructed in writing in advance by their immediate supervisor and then only when an agreement has been reached as to the amount of after hours work time is allowed.  Each employee is designated as either NON-EXEMPT or EXEMPT from the Fair Labor Standards Act (FLSA) provisions governing overtime compensation. 

Calculating Overtime
Non-exempt employees are paid at a rate of one and one half times the regular rate of pay for all hours worked in excess of (40) forty-hours actually worked in a workweek.   Special rules apply for Public Safety employees and the employee should abide by those particular provisions (FLSA).

Submitting Overtime/Record-Keeping
Overtime:  For eligible employees any time worked after (8) eight-hours in any day but before (40) forty-hours in the current work week will be taken off, at the rate of hour for hour, at the discretion of City management before the employee has accumulated (40) forty-hours in the current work week.  If the employee is not given time off, hour for hour, before (40) forty-hours in the current workweek are accumulated the employee will be paid overtime for any hours over (40) forty-hours at the rate of time and one-half.

Time and One-Half Overtime
You may be eligible (please check with your payroll department to determine your eligibility) for time and a half overtime after PHYSICALLY working 40 hours in a weekly pay period. Time and a half overtime is computed on a 40-hour basis for 80-hour biweekly personnel. LEAVE TIME AND HOLIDAYS DO NOT COUNT TOWARD PHYSICALLY WORKING.   Employees who are not eligible for time and a half overtime can choose to be paid for any time worked in excess of their scheduled hours.

EXCEPTIONS
Police (Sworn Officers below the rank of Captain, including Municipal Jail Corrections Officers and Municipal Jail Supervisors) employees are eligible for time and a half overtime after PHYSICALLY working 86 hours in a biweekly pay period. LEAVE TIME AND HOLIDAYS DO NOT COUNT TOWARD PHYSICALLY WORKING.

Fire (Sworn Officers below the rank of Lieutenant on shift assignment, Fire Medics equal to the rank of Lieutenant) employees are eligible for time and a half overtime after PHYSICALLY working 106 hours in a biweekly pay period. LEAVE TIME AND HOLIDAYS DO NOT COUNT TOWARD PHYSICALLY WORKING.

Compensatory Time
Employees can choose to accrue compensatory leave instead of being paid for overtime. If you are eligible for time and a half overtime, any time you have accrued your compensatory leave limit, you must be paid for any additional overtime earned.

Employees who are exempt from time and a half overtime may carry over 160 hours of compensatory leave at the end of the fiscal year.

Please refer to the chart from City/County Personnel for compensatory leave limits for your classifications that work more (or less) than 40 hours per week (excluding overtime) for exceptions to the above information.

On Call Pay
Employees who are on call and who are provided with a cell phone or pager are free to spend such non-working hours whenever and however they please.  Employees who are on-call shall not use alcoholic beverages or any impairing effect drugs or medications. They should be able to respond in a reasonable time.  All employees will be paid for the time responding and doing actual work. 

Pay Advances
Pay advances are not allowed under any circumstances.  Travel advances are not pay advances. 

Direct Deposit
Direct deposit is available for City employees to be made directly to the financial institution of your choice.  Please contact the payroll office for further information.

Contract employees and those paid under professional services contracts are NOT eligible for direct deposit.

The City believes that all employees have the right to work in an environment free of unlawful discrimination or harassment.  The City is committed to provide equal employment opportunity.  It is our policy to recruit, hire, train, promote, and compensate individuals, and to administer all personnel actions in accordance with applicable laws, without regard to race, color, religion, creed, age, sex, national origin or ancestry, genetic history, sexual preference, status as a current or former member of the uniformed services, whistleblower (protected communication) or status as a qualified individual with a disability (physical or mental).

This policy governs all aspects of employment, including selection, job assignment, promotions, compensation, discipline, termination, and access to benefits and training.  The City will not tolerate any unlawful discrimination, harassment or retaliation and any such conduct is prohibited by employees of the City and vendors.

All employees terminating from the City are asked to attend an exit interview with the Supervisor and/or department head. The purpose of the interview is to get a departing employee's honest opinions about working at the City: what we do well and what needs improvement. Also it is important during this process to determine if the employee has any unresolved claims. All employees are encouraged to be honest, candid, and forthright in providing feedback.

For new employees only, there is a 30-day waiting period from the time of application for insurance before insurance is effective.  Provided however, if the employee provides a certificate of credible coverage showing there had been no more than a 63 day gap in insurance coverage, the insurance goes into effect immediately upon successful application being made.

Refer to the City of Montgomery current “Employee Benefits Booklet”

If you are eligible for family coverage you must apply within 30 days of the date of employment or wait until the open enrollment period which normally begins the week after memorial day and ends in mid-July.  Any changes during this period will not begin until September 1. The only other time you can change your health care plan outside these periods is if you have a “qualifying event”.  Examples are: marriage, divorce, birth or adoption of a child, gaining custody of a child, or the death of a family member.  You must make this change within 30 days of the qualifying event.

IMPORTANT DISCLOSURE NOTICE

Notice for Individuals Declining Health Coverage
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires group health plans and issuers to advise you and your dependents of enrollment rights when you are declining health coverage.

If you are declining enrollment for health plan benefits for yourself or your dependents (including your spouse) because of other health insurance coverage, you may in the future be able to enroll yourself or your dependents in this plan, provided that you request enrollment within 30 days after your other coverage ends.

In addition, if you have a new dependent as a result of marriage, birth, adoption, or placement for adoption, you may be able to enroll yourself, your dependents, or both, provided that you request enrollment within 30 days after the marriage, birth adoption, or placement for adoption.

Additional Notice of Responsibility
It is the employee or retiree’s responsibility to immediately notify the Insurance Department in City Hall of a divorce, death, marriage or any other event making a spouse or dependent ineligible for coverage under your insurance contract.

Retirees are responsible for notifying the City when they or their spouse becomes eligible for Medicare or if they have primary coverage under another insurance plan.

The Cobra Law is a means of continuing your health insurance after termination of your employment with the City. Ex-spouses and ineligible dependents can also continue their coverage under the Cobra Law. Apply at City Hall within 60 days of termination of insurance coverage.

NOTICE OF GROUP HEALTH PLAN PRE-EXISTING CONDITIONS EXCLUSION

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires group health plans and issuers to advise you in writing, at the time of enrollment, notice that pre-existing exclusions may be imposed. There are no benefits under your group health plan for pre-existing conditions during your pre-existing exclusion period. Please refer to your summary plan description and other benefit information provided to you by your group’s benefits administrator for specific information about the pre-existing exclusion period applicable to your group. A pre-existing exclusion period is not permitted to extend for more than 12 months (365 days) after you enroll, if you enroll when first eligible, and 18 months (546 days), if you are a late enrollee. A “pre- existing” condition is any condition (physical or mental, except pregnancy, and regardless of the cause of the condition) for which medical advice, diagnosis, care or treatment was recommended or received during the first six months before you become covered by the plan. A “late enrollee” is any eligible person who does not enroll during the first 30 days he or she is eligible or during a special enrollment period.

Blue Cross and Blue Shield of Alabama will accept a Certificate of Creditable Coverage from a prior plan toward your pre-existing exclusion period, if there was no greater than a 63 day gap. “Creditable Coverage” means coverage under an individual or group health plan including COBRA, Medicare, Medicaid, U.S. Military, Champus, Federal Employee Program, Indian Health Service, Peace Corps Service, a state risk pool, or a public health service.

A pre-existing exclusion period may be reduced if you present evidence of prior coverage from a previous insurance carrier. If you have a Certificate of Creditable Coverage or other documentation, please attach it to this enrollment application.

Even if you have no pre-existing conditions, benefits may not be available under other provisions of the plan. For example, the services may be excluded or may require pre-approval.

BE SURE TO READ YOUR SUMMARY PLAN DESCRIPTION FOR DETAILS.

NOTE: If you do not have the Certificate of Creditable Coverage, it is your responsibility to present it to the Insurance Department Room 108 within 30 days of the termination of your previous insurance coverage.

IT WILL TAKE 6 TO 8 WEEKS FROM YOUR DATE OF HIRE TO RECEIVE YOUR BLUE CROSS-BLUE SHIELD CARDS.

The City has 10 paid holidays per year and you earn Personal Leave Days for the number of holidays the State of Alabama observes in excess of our 10 holidays. You must be in PAY status immediately before AND after the holiday to be paid for the holiday. All Personal Leave Days must be used by the end of each fiscal year, which is September 30.  Refer to City County Personnel Manual for specific details.  Different holiday schedules are applicable for some departments including sanitation.

Each employee will schedule with his/her supervisor the days when the Personal Leave Days will be taken.  The scheduling must be done prior to August 1 of each year.  If the leave has not been scheduled by that date, the supervisor will discuss the days to be taken and the employee will comply with the schedule.  If the employee does not take the leave day(s) as scheduled, he/she may be subject to disciplinary action for insubordination.

By the end of July of each year, each supervisor will be furnished with a list of all employees under his/her supervision who have not taken their personal leave days.  The supervisor will be in charge of scheduling the time off and adhering to the policy to assure that all employees have used their personal leave days prior to October 1.

EXCEPTIONS

Police Department personnel should check with the Police Departments payroll clerk or the Chief’s office for any questions or clarifications to the above policy for holidays.

Fire Department personnel due to the 24/48 rotational shift should speak with a supervisor for any questions or clarifications to the above policy for holidays.

The Sanitation Department has only six holidays the department does not work. The other five are called “working” holidays. A memo from the Director of the department will explain the options given to the employee, at the time of the “working” holiday. The six holidays NOT WORKED are:

New Year’s Day, Martin Luther King, Jr., Day Fourth of July, Labor Day, Thanksgiving Day, Christmas Day