Applications and Job Announcements may be obtained

Monday - Friday 8:00 a.m. - 5:00 p.m.

Montgomery City/County Personnel

27 Madison Avenue, P.O. Box 1111

Montgomery, AL. 36104

(334) 241-2675

http://montgomeryal.gov/work/city-job-openings

The City of Montgomery is committed to providing a safe and healthful workplace for all employees. As part of this goal, the City has instituted an identification badge system for all City employees.

An Identification Badge Policy serves the dual purpose of readily identifying City employees and other authorized personnel, while providing measured protection against unauthorized personnel and intruders from entering designated work areas. The system is effective only if there is active cooperation and compliance by all employees at all times. Any laxity in compliance and enforcement subjects the entire system to failure.

In the best interests of the City and to make identification as easy as possible, one standard will be implemented Citywide. City/County EMA will provide Identification Badges for all departments that do not have an existing system.  Any department that has their own badges (i.e. Fire, Police, Museum, etc.) shall require their employees to display their badges in accordance with their own policy/procedure.

Employee Identification Badges shall be worn in plain sight at all times by all employees on any City site (the only exception is for safety or when employees are working at an external job site). For the purpose of this Handbook, employees include permanent full-time and permanent part-time, temporary/intermittent employees, volunteers, and interns. An exception to this Policy would be for uniformed fire and law enforcement. officers.

NOTE: A secured work area is an area within the Department in which access is controlled and the general public or clients are normally not permitted to enter freely. Many designated secure areas are protected by coded combination locks, locked doors, or other physical barriers that limit public access. The overriding factor in designating areas as secure is to ensure the safety and security of staff within those areas. The designation of secure areas is within the discretion and prerogative of department heads. 

Control and Issuance of Badges
New employees will be issued badges within the first two weeks of their employment.  Identification Badges will be requested by departments and issued by departments to employees.

Badges are the property of the City and are to be returned upon separation from the City. On an employee's last workday, the employee's supervisor shall require the employee to surrender the badge, and the supervisor shall destroy the badge.  

An employee who is on extended leave will be required to turn in his or her Identification Badge to the supervisor pending return to work. If the employee is terminated, resigns or retires after the extended leave, the badge should then be returned to the department head.

Identification Badges that become damaged or are otherwise unserviceable shall be returned to the issuing office for replacement at no cost to the employee.

Each employee shall not have more than one Identification Badge in his or her possession at any one time.

Requirements and Enforcement
Because the policy and procedures described herein are intended to provide for the safety and security of City staff, any employee who violates such policy may be subject to disciplinary action.

Employee Identification Badge
Identification Badges are to be worn at all times. Identification Badges are to be prominently displayed on the front of the person between the neck and above the hips and are to be worn clipped to a piece of outer clothing or worn around the neck on a chain or necklace. Identification Badges shall not be defaced or altered with stickers, decals, etc. Employee Identification Badges are to be worn so that the photo is clearly visible to others. For safety, employees performing certain jobs, such as maintaining or operating equipment, etc. should either, clip the Identification Badge to their clothing or put the badge in their pocket.

Each employee is responsible for safeguarding his or her own Identification Badge, and any lost Identification Badge is to be reported immediately to his or her supervisor along with a memo documenting how the badge was lost and what appropriate measures were taken to locate it. A copy of the memo will be placed in the employee’s personnel file. The supervisor will then authorize a replacement Identification Badge.  A lost Identification Badge may be replaced without charge on a one-time basis. All subsequent replacements of lost Identification Badges may be subject to a charge.

If an employee reports to work without his or her Identification Badge, the following procedures will be followed:

First Occurrence: The employee will be issued a "Temporary" Identification Badge for that day. The supervisor will arrange for issuance of the "Temporary" Identification Badge from his or her department issuance point. The Supervisor shall maintain a record of "Temporary" Identification Badges issued to employees, recording the employee's name, date of issuance and a brief notation of the circumstances. The issuance of a "Temporary" Identification Badge to an employee shall be restricted to one time only.

Subsequent Occurrences: Will be handled at the department level and follow progressive disciplinary action as appropriate to insure compliance with this policy. Employees shall be sent home to retrieve their identification badges, and the time charged against appropriate earned accruals or leave without pay.

Rules for Identification Badge Holders

• Do not lend your Identification Badge to anyone.
• Do not copy your badge in any manner whatsoever.
• Do not allow people to follow you into the building without knowing them or checking their Identification Badge.
• Do not leave badge on dash of vehicle or other locations where exposed to extreme temperatures. Do not fold, bend, pry open or mutilate your Identification Badge.
• Do not use your Identification Badge as an ice scraper.
• Notify your Department if your Identification Badge is no longer in your possession.
• Notify your Department of any difficulties or problems with any Identification Badge.

Verifying Employment Eligibility

Purpose: The City is committed to meeting its obligations under U.S. immigration law. Accordingly, the City neither hires nor continues to employ an individual who is not legally authorized to work in the United States. Moreover, the City does not discriminate on the basis of citizenship status or national origin in recruitment, hiring, or discharge.

Employment Eligibility Verification Procedures: The appointing authority or his/her designee is responsible for implementing, administering, and reviewing procedures necessary to comply with the employment eligibility verification and nondiscrimination requirements of the Immigration Reform and Control Act (IRCA), as amended. All new employees:

• Complete and sign the employee's portion of Form I-9, Employment Eligibility Verification; and
• Present original documentation supporting the employee's identity and employment eligibility. Employees must complete the employee section of Form I-9 before the day they begin work and provide the required supporting documentation within three business days of starting work.
• Are cleared to work in the USA through the E-Verify system.
• An employee's failure to produce required documentation within allotted time periods is grounds for immediate separation from employment. Employment can be resumed only when the required documentation is furnished.

 The appointing authority or his/her designee arranges for a periodic audit of I-9s on file to ensure that the City is complying with employment eligibility verification requirements.

Expiration of Work Authorization: The City payroll system maintains a reminder system that tracks the expiration date of each nonresident employee's authorization to work in the United States. The City notifies the employee of the need for the employee to show that his or her authorization to work in the United States has been renewed. It then must update an employee's Form I-9 to show the employee's renewed authorization to work. The person updating the form will draw a single line through the previous authorization information when the new information is entered. Updated information will be initialed and dated by the City representative performing the re-verification. An employee's failure to provide proof of his or her renewed authorization to work prior to the expiration of the authorization documented on the employee's Form I-9 results in the immediate suspension of the employee without pay or the termination of the employee.

An employee is eligible to continue working during a 30-day grace period after the expiration of the employee's original work permit if the employee has filed an application to extend his or her work permit. To be eligible for the 30-day grace period, the employee must provide the City with proof of having filed a work permit renewal application prior to the expiration of the employee's original work permit.

Nondiscrimination:  Supervisors, the hiring personnel, and other employees and agents of City are prohibited from discriminating against an applicant or employee based on national origin or status as an undocumented immigrant. Hiring personnel should never infer from an individual's appearance or accent that he or she is unauthorized to work.

The appointing authority or his/her designee representatives and any other employees involved in the hiring process are prohibited from asking employees for any document not specifically designated on Form I-9 as acceptable for purposes of verifying an employee's identity and employment eligibility. The hiring personnel cannot refuse to honor tendered documents that, on their face, reasonably appear to be genuine and relate to the employee in question. Any employee found to have engaged in illegal discrimination is subject to discipline, up to and including termination of employment.

Recordkeeping: A copy of each employee's I-9 form is retained by the City until three years after the employee's hiring date or one year after the employee's separation, whichever is later. When an employee transfers within the City's organization to another physically separate location, a copy of the employee's I-9 form and copies of supporting documentation must transfer with the employee.  All original I-9 forms shall be kept in a secure area in City Hall by approved personnel of the Finance Department.  A copy of the forms shall be provided to City/County Personnel for their records.

Re-employment: If a terminated employee is re-employed within three years of initially completing an I-9 form, the Finance Department is responsible for updating and verifying the information on the form.

All employees, regardless of their classification, are expected as an essential function of their jobs to:

• Attend work on a regular and predictable basis
• Complete assigned tasks in a safe manner and in a constant state of alertness
• Uphold City policies, including the harassment, discrimination, retaliation policies, etc.
• Work in a cooperative manner with managers, supervisors, coworkers, clients and the public

Employees should remember that job descriptions do not necessarily cover every task or duty that might be assigned, and that additional responsibilities may be assigned as necessary.  Contact the supervisor and/or department head, or Personnel Department if you have any questions or concerns about your job description.

The City/County Personnel Board prepares and approves job descriptions when new positions are created.  Existing job descriptions are also reviewed and revised in order to ensure that they are up to date. Job descriptions may also be rewritten periodically to reflect any changes in the position's duties and responsibilities.  Employees are expected to comply with any revised or rewritten job descriptions for their position.  All employees will be expected to help ensure that their job descriptions are accurate and current, reflecting the work being done.

Each job description states whether the position is “Exempt” or “Non-Exempt”.  Non-exempt employees are subject to all of the provisions of the Fair Labor Standards Act particularly relating to “Overtime” and/or “”Comp-Time”.  Any employee who actually works over 40 hours in a workweek which includes a holiday, or beyond the normal tour of duty shall receive overtime or comp time.  Non-Exempt employees shall receive time and one-half.  Exempt employees receive straight time.

FITNESS FOR DUTY EVALUATIONS:  You may be requested to undergo an evaluation relating to your “fitness for duty” to perform the functions of your job descriptions or any other formal standard relating to your job.  The Risk Manager of the City will evaluate all requests from department heads, make the final decision, and coordinate the evaluation with the appropriate providers.  These exams are paid for by the City.  Any person who does not comply with the reasonable request from the Risk Manager or any medical provider can be the subject to disciplinary action, up to and including termination from employment.

Employees may be disciplined, up to and including possible termination, for poor job performance, as determined by the City.  Some examples of poor job performance are as follows:

• Below average work quality or quantity;
• Poor attitude, including rudeness, or lack of cooperation;
• Excessive absenteeism, tardiness, or abuse of break and meal privileges;
• Failure to follow instructions or City policies and procedures.
• This list is not all inclusive

Some examples of misconduct that can result in disciplinary action up to and including immediate termination are as follows:

• Failure to call in or show for scheduled work shift – one time only.
• Stealing, misappropriation or removing private or City property from City premises.
• Fraud
• Falsification of personnel, time records, leave requests, medical excuses, City records or the employment application.
• Failing to return required documentation within a timely manner as required by the City, i.e. FMLA forms, etc.
• Disorderly conduct on City property, including fighting, attempted bodily injury, or the use of profane, abusive, or threatening language toward others, or possession of a weapon not in strict accordance with Alabama law;
• Abuse or deliberate destruction of City property, tools, equipment, or vending machines.
• Violating City’s nondiscrimination and/or professional conduct policy and prohibition against harassment.
• Violating the Drug-Free Workplace Policy;
• Illegal drugs in an employee system and refusal to submit to or cooperate with a drug or alcohol test.
• Unauthorized possession of weapons or firearms on City property.
• Sleeping on the job.
• Conviction of a felony or other crime involving moral turpitude or crimes which can be construed to indicate the continued presence of the employee would constitute a hazard to fellow employees, City, or its property.
• Threatening, intimidating, coercing or interfering with employees or supervision at any time.
• Violating the Conflict of Interest Policy.
• Failure to report gifts or gratuities (see conflict of interest reporting requirement) which an employee may receive from vendors or clients.
• Insubordination (including refusal to sign as received a written warning);
• Act endangering safety of others;
• Actual or threatened misconduct in connection with work after prior written warning;
• Dishonest act characterized by lack of truth, honesty, probity or trustworthiness or by an inclination to mislead, lie, cheat or defraud;
• Falsifying or making a material omission on records, reports, or other documents, including payroll, personnel, and employment records;
• Commission of a criminal act or misdemeanor of any degree in any manner connected with or involving City property;
• Off-duty violation of any law adversely affecting City or conviction in court of any crime which may cause the employee to be regarded as unsuitable for continued employment;

This list is not all-inclusive.

Bullying: The City defines bullying as persistent or repetitive behavior that is insulting, disrespectful, abusive, or otherwise unwelcome or objectionable, either direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment. Bullying can occur either in or outside of the workplace.

• The purpose of this policy is to communicate to all employees, including supervisors, managers and executives that the City will not in any instance tolerate bullying behavior. Persons found in violation of this policy will be disciplined, up to and including termination.
• If you believe you are the victim of bullying, you are obligated to immediately report the bullying behavior. If you believe someone else is the victim of bullying, you are obligated to report the bullying behavior. Reports of objectionable conduct may be made to your direct supervisor, cabinet member, Office of City Investigations, or any other official.  Below is a non-exhaustive list of examples of bullying behavior:
• Verbal Bullying: treating abusively, using language that indicates force or coercion, using browbeating language or behavior, slandering, ridiculing or maligning a person or his/her family; spreading rumors or gossip regarding individuals; offensive name calling or nicknaming; persistently interrupting an individual, using a person as the target of jokes; abusive and offensive remarks, shouting, raising voice at an individual, publicly humiliating a person, constant unwarranted criticism or accusations, manipulating work performance or ability to perform job functions, requiring menial or demeaning tasks that are beyond normal job responsibilities, duties or expectations;
• Physical Bullying: pushing; shoving; kicking; poking; tripping; assault, or threat of physical assault; tampering with or damage to a person’s work area or property; and
• Non-verbal Bullying: non-verbal threatening gestures, looks or actions that convey threatening messages; purposefully singling out, ignoring, excluding or disregarding a person in work-related activities.  This can also include social media entries under circumstances which include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct.  If you decide to post complaints or criticism, avoid using statements, photographs, video or audio that can be viewed as malicious, obscene, threatening or intimating, that disparage co-workers, or that could contribute to a hostile work environment on the basis of race, sex, disability, religion, sexual preference, sexual identity or any other status protected by law or this Handbook.

Any employee who believes that he/she is or may be subjected to objectionable conduct must report it immediately one of the persons named above.  You may also inform a supervisor, department head, cabinet member or City Investigations about your concerns, who can make the initial report on your behalf.  You should assume that no report has been made following your discussion with a supervisor or manager if you have not been contacted within 48 hours.  Do not allow an inappropriate situation to continue by not reporting it, regardless of who is creating that situation.  No employee in this organization is exempt from this policy.  In response to every complaint, the City will take prompt investigatory actions and corrective and preventative actions where necessary.  An employee who brings such a complaint to the attention of the City in good faith will not be adversely affected because of reporting the harassment.  The organization will not tolerate retaliation by employees against any employee reporting incidents of harassment or for participating in an investigation of a harassment claim.

Any employee who engages in objectionable conduct is subject to discipline up to and including termination.  If an employee is not satisfied with the handling of a complaint or the action taken, then the employee should bring the complaint to the next higher level of authority set forth in the "Open Door Grievance Policy" section of this Handbook.  In all cases, the employee will be advised of the findings and conclusion.

The above list is not all encompassing or all-inclusive.

The City also prohibits any harassment based on the legally protected categories set forth above.  Harassment is verbal or physical conduct that degrades or shows hostility or aversion towards an individual because of these protected attributes, and that:

• Has the purpose or effect of creating an intimidating, hostile, or offensive working environment as defined by law; or
• Has the purpose or effect of unreasonably interfering with an individual's work performance; or
• Otherwise adversely affects an individual's employment opportunities.

Conduct that threatens, intimidates, bullies or coerces another employee, a customer, or a member of the public at any time, including off-duty periods, through social media, email, texting, Internet posting, or any other forms of communication, will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual's sex, race, age, national origin, religion, disability or any characteristic protected by federal, state, or local law.

All employees, regardless of position or title, will be subject to severe discipline up to and including termination from employment should the City determine that an employee is engaged in unlawful discrimination, retaliation or harassment.

Any employee who feels that this policy is not being observed must immediately report the alleged violation to his/her supervisor.  The employee may also report the alleged violation to the City County Personnel Board staff and/or to the Department of City Investigations.  All reports will be treated as confidential to the extent practicable.  No one will be subject to any form of discipline or retaliation for reporting incidents of unlawful discrimination or harassment or pursuing any such claim.

The City will promptly and thoroughly investigate the facts and circumstances of any reported incident. 

The City believes that jury duty is an important civic responsibility and grants time off for service on federal, state, or local juries as required by law.  Any employee summoned for jury service or as a witness in any legal action not of his/her own initiation and/or involvement must report it to his or her immediate supervisor at once.  An employee will receive his or her regular earnings, exclusive of overtime, during the time for which he/she serves as a juror during normal working hours.  A copy of the Subpoena or Notice to Appear shall be provided to the City.  Any mileage or per diem allowance an employee receives in connection with jury service is his or hers to keep and is not offset against the pay adjustments.  If the employee is dismissed from jury service early, he or she is expected to report to work immediately.  Upon release from jury duty, the employee should provide notice of this release to the immediate supervisor as soon as practical.  Failure to return to work immediately may subject the employee to disciplinary action up to and including termination.

Leave accrual charts are available on the City web site and are designed so that you can locate the limits for sick, annual and compensatory leave. The limits are subject to exceptions for some classifications and if you have any questions or need clarifications, please contact your department’s payroll clerk or the main payroll office.

To use the charts, look first for the number of hours per week that you are scheduled to work. Ex: You are scheduled to work 8:00 a.m. until 5:00 p.m., Monday through Friday and are paid on a biweekly basis, you would look for 80bw (bi-weekly), and go across to find your limits.

You will be paying Federal, State, Social Security and Medicare Taxes. Please note: Police and Fire Sworn Personnel do not pay Social Security tax, but if hired or rehired on or after April 1, 1986, you will pay Medicare. You may change your filing status with the main Payroll office at City Hall at any time.

Summary
The money you earn is important to you and your family. You need it to pay your bills, enjoy recreational activities and save for the future. Our flexible benefit plan will help you keep more of the money you earn by lowering the amount of taxes you pay. The Plan is the result of our continuing efforts to find ways to help you get the most from your earnings.

Refer to City/County Rules and Regulations in addition to the following:

Purpose
This policy has been developed to provide general guidance on some of the current provisions of USERRA and Alabama law pertaining to leave of absence, compensation, health insurance, reinstatement, and pension benefits for employees requesting a military leave of absence.

Policy
The City will comply with the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) and applicable Alabama laws pertaining to military leave. This policy supersedes any other policy/practice of the City related to military leave rights and benefits.

As the laws change, or as interpretations of the laws change, military leave benefits for City employees may change accordingly. No attempt is made in this policy to cover all possible situations and circumstances that may arise when an employee is ordered to active duty. Therefore, as military leave situations arise, employees should consult with their supervisor and/or department head for current and complete details regarding their military leave rights as a City employee.

Eligibility for Military Leave of Absence
In accordance with USERRA and Ala. Code § 31-12-2 (2002), City employees who perform service in the uniformed services (as defined by USERRA) are entitled to a military leave of absence from their City positions, subject to the limitations and restrictions set forth in federal and state laws and City policy. Upon receiving an assignment for military service, employees should promptly provide notice to their supervisors prior to going on military duty, unless precluded by military necessity.

Compensation for Military Leave
Except as provided below, eligible employees who perform service in the uniformed services (as those terms are defined by USERRA) will be placed on unpaid military leave status for all days that they are engaged in such military service. Affected employees are not required to use annual leave in lieu of paid or unpaid military leave; however, they may elect to use accrued annual leave or earned comp time at their discretion.

1. Compensation for 168 working hours per calendar year for federal military leave.
   City employees eligible for Military Leave of Absence who are active members of the Alabama National Guard or of any other reserve component of the Armed Forces of the United States will receive, pursuant to Ala. Code § 31-2-13 (1995), up to 168 hours of paid military leave per calendar year for performance of federal military duty. This military service includes drills, annual training, or military schools. It is not necessary for employees who are still on military leave to return to work for the City in order to receive 168 hours of paid military leave for the calendar year subsequent to being placed on military leave. Once the 168 hours of paid military leave is exhausted, an employee may use other leave available, such as annual leave or earned comp time.
2. Compensation for 168 working hours at any one time called to active service by the Governor. In addition to the 168 hours per calendar year mentioned in section a) above, if these particular employees are called into active service of the State of Alabama by the Governor (typically in times of natural disaster), they will receive, pursuant to Ala. Code § 31-2-13 (1995) an additional 168 hours of paid military leave at any one time while called by the Governor to duty in the active service of the state.
3. Salary differential for employees activated during war on terrorism.

If the military base pay of an employee called into active service for the war on terrorism is less than the salary he/she would have continued to receive if not called to active service, he/she may receive a salary differential (pursuant to Ala. Code § 31-12-5 (2002)) that is equal to the difference between the lower active duty military base pay and the higher public salary.

Health Insurance Benefits
Per USERRA, the City will at a minimum maintain health benefits and other benefits for the first 30 days of military leave as if the employee was actively employed. Employees on military leave of absence will be entitled to participate in any rights and benefits not based on seniority that are available to employees on non-military leaves of absence. Consequently, for the first 12 weeks of an approved unpaid military leave, upon request from the employee, the City will continue health benefits and other benefits as if the employee was actively employed. After the initial 12 weeks period, employees on military leave may continue their benefits, similar to COBRA, for a period up to 18 months. The employee must pay his or her portion of any benefit(s) premiums in order to keep the benefits active. If the employee does not return to work at the end of the military leave, the employee may be required to reimburse the City for the cost of the benefit premiums paid by the City for maintaining applicable coverage.

A City employee called into active service in any of the armed forces of the United States during the war on terrorism, which commenced in September 2001, and who receives a salary differential under Alabama Code § 31-12-5 while he/she is serving on such active duty may elect, pursuant to Ala. Code § 31-12-7 (2002), to continue with his/her individual or family coverage under the City's health insurance plan for the duration of the time he or she receives the salary differential. Premiums for family coverage shall be the amount in effect at the time for an active employee with family coverage.

Credit for Time Spent on Military Leave
Time spent on eligible military leave counts as time served on the job for any calculation, determination or other decision that is dependent upon length of employment.

Pension Benefits
Time spent on military leave (whether paid or unpaid) is not considered a break in employment for pension benefit purposes. Upon return to the City from military leave, if applicable, the employee must request to purchase retirement credit in the Teachers' Retirement System and pay whatever amount that employee would have contributed had he/she not been absent.

The returning service member who is eligible for reinstatement under USERRA has up to 3 times the length of military leave (up to a maximum of 5 years) to make the retirement contribution payments he or she would have made to establish retirement credit.

Reemployment Rights
USERRA places a 5-year limit (with some exceptions) on the cumulative length of time a person may voluntarily serve in the military and remain eligible for reemployment rights. The USERRA reinstatement rights do not extend, however, to employees who are employed for brief, non-recurrent periods with no reasonable expectation that employment will continue indefinitely. Under certain circumstances employees are eligible to be reinstated to their former position unless the City establishes that the circumstances have so changed as to make reemployment impossible or unreasonable. If on military leave for 90 days or less, eligible employees may be reinstated to their own position. If on military leave for over 90 days, eligible employees may be reinstated to their own position or a similar position of like seniority, status or pay. Upon return from military leave, employees must comply with the current provisions of the law in regards to notification of and time frame in which they must return to work. These limits are specified in 38 USC § 4312 and vary depending on the length of military service.

A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.

The leave will be unpaid.  However, employees may use any available paid time off for the absence.

Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions, and limitations of the applicable plans for which the employee is otherwise eligible.

Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon the employee's return to active employment.

Employees on military leave for up to 30 calendar days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time.  Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws.

Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA.  They will be treated as though they were continuously employed for purposes of determining benefits based on length of service.

Eligible employees returning to work from military service or training are guaranteed job restoration if the cumulative length of absence does not exceed five (5) years.  To be eligible, the employee must seek reinstatement within the time limits established by federal law (see chart below) and be qualified for work.

Time limits to return to work may be extended for up to two (2) years if necessary due to a service-connected disability. The City will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship to the City.  Reasonable efforts will also be made by the employer to retrain/upgrade as required by federal law.

While on military leave for less than thirty-one (31) calendar days, the City will maintain the employee's group insurance benefits at the same level and under the same conditions as if the employee had been actively working.  If military leave exceeds thirty-one (31) calendar days, the City will cease making premium payments on the employee's behalf; however, the employee has the option to continue coverage at his or her expense for up to eighteen (18) months.  If coverage is discontinued, the employee's group insurance benefits will be reinstated upon his or her return to work at the same level, and under the same conditions, as if the employee had been actively working, with no waiting period or exclusion of pre-existing conditions, except for service-connected disabilities.

The City is committed to complying fully with the Uniformed Services Employment and Reemployment Rights Act and ensuring equal opportunity in employment for qualified persons with military obligations.  All employment practices and activities are conducted on a non-discriminatory basis.

Meals
All full-time employees are provided with one (1) meal period each workday.  This meal period is non-paid and employees will not work during the meal time.  Staffing needs and operational demands of some departments may necessitate rotation in meal times.  The department head will issue written guidelines for meal periods consistent with the needs and operating requirements of each respective department.  Non-exempt employees are relieved from any job duties during the meal period and will not be compensated for that time.  Non-exempt employees are relieved of all duties during the meal period and may not eat at their desks or at workstations.

Breaks
Each department may allow reasonable breaks for employees.  The length and time of such breaks shall be determined and posted by each department. 

Official Travel
SEE SECTION XI.  TRAVEL PROCEDURES IN CITY FISCAL POLICY AND PROCEDURE MANUAL.

Under no circumstances shall an employee supervise a relative nor a person with whom he/she cohabitates. The Nepotism Policy is available for review on the City web site.

The City prohibits disclosure of any information relating to the City’s clients or prior clients.  Therefore, personal information or other information relating to the City’s employees or vendors may not be used by employees for any purpose which is not directly related to the City’s business.  Likewise information relating to the City’s business may not be disclosed by employees to any person or entity who is not employed by the City and/or is not authorized to receive or use the information.  The City is subject to the Public Records Laws and any requests for information from an employee should be referred to the Office of the City Clerk to complete the required forms and be given the requested information in accordance with the law and the policies of the City.

Any employee who improperly discloses or uses confidential information will be subject to disciplinary action, up to and including termination of employment and/or legal action.

Employees who are exposed to confidential information will be required to sign an employee confidentiality agreement as a condition of employment. Upon termination of employment, all the City’s records, including but not limited to manuals, disks, and computer records relating to confidential information, must be returned to the City.

Employees interviewed by City Investigations shall not, under any circumstances, disclose to any third person the information, questions asked, testimony, or any other information relating to the interview or discussion had between the employee and City Investigations.

Violation of this section is considered to be a serious offense and disciplinary action may include termination for a first offense.

The City maintains an open-door policy that permits an employee to discuss problems, concerns, or grievances with City officials.  If an employee has a problem that relates to his or her job, and particularly if the problem is in the nature of a complaint, the employee is strongly urged to contact his/her supervisor immediately.

The employee should also submit a written summary of the problem so that the City will have complete and properly documented information. 

The employee may be assured that his or her personal concerns can be voiced without fear of reprisal.  However, it is not proper for an employee to complain in bad faith or solely for the purpose of delay or harassment.

The most effective accomplishment of the work of the City requires prompt consideration and equitable resolutions of employee grievances.  It is the desire of the City to resolve grievances informally, and both supervisors and employees are expected to make every effort to resolve problems as they arise. The complaint and investigative files shall be confidential except where necessary to pursue investigation of the allegations and question necessary witnesses.  However, it is recognized that there will be grievances that will be resolved only after a formal complaint and review. 

Grievance Procedures
In all cases the procedures below will be followed by every employee. Failure to follow the grievance and appeal procedure may result in a greater penalty being imposed by the City or in the dismissal of the grievance/appeal. Failure to timely file a grievance shall result in its rejection, unless the grievant presents compelling justification of the delay.

Policy Interpretation and Application Appeal
Any regular employee, who is aggrieved as a result of the interpretation and application of the policies, disciplinary action (other than harassment or discrimination or disciplinary action resulting in demotion, suspension without pay, reduction of salary or dismissal), must follow these procedures:

Within seven (7) calendar days from the date of the occurrence of the grievance, an employee will first present the grievance to his/her immediate supervisor who will make careful inquiry into the facts and circumstances of the complaint.  The supervisor will attempt to resolve the problem promptly and fairly and will give an answer to the employee within seven (7) calendar days from the date the grievance is submitted.  If the immediate supervisor is the person accused by the employee, the grievance may be filed with the department head, or with the appropriate cabinet member if the department head is the accused.  An employee may alternatively file a grievance with the Department of City Investigations and/or the City/County Personnel Department who may refer it for investigation and reporting.

If the employee is still aggrieved, the employee or authorized representative may request in writing, a review of the grievance by the department head or his/her designee.  If the grievance is against the department head the grievance will be filed with the Office of City Investigations, the City County Personnel Board and/or the cabinet level member.  Such request will be accompanied by all documents relating to the grievance, and will be presented within seven (7) calendar days of the date of receipt of the supervisor’s answer.  The employee or the authorized representative will send copies of the written request for review at the same time to the employee's supervisor.

All complaints shall be handled in a timely and confidential manner. This process shall be completed as quickly as possible, but will generally not exceed 21 calendar days from the date of receipt of the complaint.

The time frames referred to in this section may be expanded with the consent of all parties to the hearing.

The activities of any employee, whether on or off the job, which in the judgment of the City, may interfere with an employee's proper performance or attendance on the job will not be tolerated.  Such activities may subject an employee to the City's disciplinary procedures up to and including immediate termination.

Certain activities that obviously are not proper for employees include, but are not limited to:

• The use of City time, facilities, or equipment to engage in another business or occupation;
• Participating in any outside activity or employment that results in lost time from work, causes distractions from work or unsatisfactory work performance or creates an appearance of a conflict with the best interest of the City.
• Jobs that may create a bad image on the City of Montgomery.

All employees must receive the written approval of the department head before engaging in any activity that might be covered by this policy.

Municipal Court personnel have been directed to perform random warrant checks. City employees with outstanding warrants will face disciplinary action that may include termination. Warrants that are brought to light in the wake of traffic stops are also cause for disciplinary action. Every City employee is a representative of Montgomery. It is unacceptable for employees to disregard the law and the City of Montgomery will not tolerate such behavior.

The purpose of a performance appraisal system is to provide a mechanism for directing and supervising the work of employees in order to maintain and/or improve employee performance.  Performance appraisals can be very effective in improving employee performance.  The success of any performance appraisal system is directly related to the training provided for supervisors who will appraise performance and the employees who will be subject to appraisal.  Supervisors will be held accountable for the fair, consistent and accurate appraisal of their employees and for using the system to improve employee performance.  Employees should see the system not only as an indicator in their pay increase but also as an effective performance motivator.

The Performance Appraisal
Supervisors and department heads are to use the City of Montgomery Job Appraisal Form(s), which is designed to be a performance management as well as a performance appraisal tool.  Supervisors will document good and bad performance and review strengths and need for improvement with all employees at regularly established intervals throughout the employee’s work year.  These reviews are required at least annually and may be done on a semi-annual basis in order to allow for time for improvement as needed.  Some departments may have more frequent evaluations.  After the review, the supervisor will complete the appropriate form and will provide a copy of the form to the employee and place a copy, with supporting documentation in the employee’s file.  Recommendations for merit increases will be sent to the department head for review and his/her recommendation to the cabinet member for approval and/or further action.  All supervisory personnel MUST complete training on the appraisal process.

The Appraisal as It Effects Employees Eligible for Merit Increases
Employees who are eligible and who meet or exceed job expectations will be awarded a merit increase when such an increase is warranted based on documented job performance and based upon availability of funds.  One month prior to the employee’s merit date, the supervisor and department head will review the employee’s file, his/her progress in correcting deficiencies and his/her current performance in order to make a recommendation to the Mayor for awarding of a merit increase.  The objective is to improve and maintain employee performance, not to delay or withhold an employee’s merit increase.  (Supervisors will be held responsible for the fair and consistent application of the policy)

Merit Increases shall not be approved for any of the following three reasons:

• Suspensions of 40 hours (5 days) or more since the last merit date.
• Three (3) documented disciplinary infractions since the last merit date.
• Documented lack of care, misuse or negligence involving City property since the last merit date, to include recommendations from the Accident Review Board.

When performance is unsatisfactory and has not improved to a satisfactory level, the Supervisor may either deny the merit increase or request that the increase be delayed for up to three months.   Employees who have shown improvement during the last appraisal period should be considered for a delayed merit raise if the deficiency is being satisfactorily corrected.  Supervisors must keep accurate records relating to the deficiency, including the nature of the deficiency, the correction plan and progress made toward satisfactory performance and completion of the plan.  If the supervisor recommends to the department head that a delayed merit increase be considered, he/she shall present all of the documentation to the department head for his/her approval or denial.  The interim appraisal form shall be used as part of the documentation. This must be done and completed prior to the actual anniversary date.  Employees whose merit increase is postponed or withheld will retain their old merit date.  If the increase is postponed, any merit increase shall not be retroactive to the merit date.  It will be the responsibility of the department head to submit a Form 10 to request that a merit increase be awarded to those employees whose merit increase is postponed for up to ninety days.

The Appraisal for Employees Not Eligible for Merit Increases
Employees who are not eligible for merit increases due to their years of service to the City of Montgomery shall also be subject to regular Performance Appraisals as outlined in Section 1. Job behavior that results in poor performance appraisals may be the subject of disciplinary actions under the City’s Progressive Disciplinary Policy.

Refer to the Rules and Regulations of City/County Personnel.

Because it is important for members of the public to be able to place faith and trust in City employees to whom they give cash and checks, the City has established a policy on the administering of polygraphs examinations to City employees.  No City official shall randomly administer polygraph examinations.

Polygraph examinations will be used only as an investigative tool and will serve as an adjunct to, not as a substitute for, other investigative efforts.  Polygraph examinations may be used as an investigative tool when any department that collects cash or checks from the public cannot account for those funds or when those funds are being wrongfully or illegally used or applied by an employee.  Polygraph examinations may also be conducted at the request of the Department of City Investigations in furtherance of official investigations.

A copy of the complete polygraph policy is available on the City Web Site.

The Probationary Period is intended to give new and rehired employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations.  The City uses this working period to evaluate employee capabilities, work habits, and overall performance.  Employees are encouraged to ask questions so that they will have a clear understanding of the job and performance expectations.  All new employees shall receive an orientation to advise him/her of the policies of the City.  Each employee shall complete all necessary forms and sign for his/her copy of this Handbook.  Each employee shall also attend all required orientation sessions as required.

All new and rehired employees (who have not been employed by the City for more than two years) work on an probationary basis for the first (6) six-months after their date of hire or rehire.  All promoted and transferred employees work on an probationary basis for the first (6) six-months after the date of promotion or transfer.

Upon satisfactory completion of the probationary period, employees may enter the “permanent” employment classification.  

The City is proud of its professional and congenial work environment, and will take all necessary steps to ensure that the work environment remains pleasant for all who work here.  All employees must treat each other with courtesy, consideration, and professionalism.  The City will not tolerate harassment of any employee by any other employee or supervisors or by City residents, vendors, or contractors. In addition, harassment for any discriminatory reason, such as race, gender/pregnancy, sex, religion, sexual orientation, gender identity, national origin, disability, or age, is prohibited by state and federal laws.  Violations may subject the individual harasser to liability for any such unlawful conduct.  With this policy, the City prohibits not only unlawful harassment, but also other unprofessional and discourteous actions.  There will be zero tolerance for derogatory racial, ethnic, religious, age, sexual or other inappropriate remarks, slurs, or jokes.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or any other visual, verbal, or physical conduct of a sexual nature when:

1. Submission to the conduct is made either implicitly or explicitly a condition of the individual’s employment;
2. Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed employee; or
3. The harassment has the purpose or effect of unreasonably interfering with the employee’s work performance or creating an environment that is intimidating, hostile, or offensive to the employee.

Each employee must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as harassment.  Forms of harassment include, but are not limited to:

1. Verbal: Sexual innuendoes, racial or sexual epithets, derogatory slurs, off-color jokes, propositions, threats or suggestive or insulting sounds;
2. Visual/Non-verbal: Derogatory posters, cartoons, or drawings; suggestive objects or pictures; graphic commentaries; leering; or obscene gestures;
3. Physical: Unwanted physical contact including touching, interference with an individual’s normal work movement or assault; and
4. E-Mail and Internet: Offensive, demeaning, disruptive messages, or sexually explicit screen views.
5. Other: Making or threatening reprisals as a result of a negative response to harassment.  Same sex harassment or harassing conduct from non-employees, such as vendors, contractors or residents, is also in violation of this policy.

It is the policy of the City of Montgomery that harassment in the workplace will not be tolerated. Department/Division Heads, supervisors, employees and third-party contractors are prohibited from engaging in verbal, physical or other conduct that harasses, disrupts or interferes with another’s work performance or which creates an intimidating, offensive or hostile working environment. Harassment based on race, color, religion, sex, sexual preference, national origin, age, disability and any other protected status, is against the law. Violators of this policy are subject to prompt disciplinary action, including termination from employment.

Department/Division Heads and other supervisors are responsible for enforcement of this harassment policy, and they are required to:

• Ensure that all current employees, newly hired employees and contractors are made sensitive to harassment issues by providing training with assistance from the City Attorney’s Office, the Office of City Investigations, the Personnel Department, and/or outside consultants.
• Take immediate and appropriate action, including corrective action, if appropriate, to ensure compliance upon observing or being advised of words and/or actions that may violate this policy, even if no complaint has been made; and
• Refrain from retaliating against the complainant, witnesses, and/or participants in the investigation of the complaint.
• Refer complaints to the Office of City Investigations and/or the Personnel Board.

Any supervisor who receives a complaint and fails to take prompt corrective action or any supervisor who retaliates against any person mentioned herein shall be subject to disciplinary action, up to and including termination from employment.  In addition, any supervisor whose actions result in an arbitrary and capricious exercise of power over an employee may receive disciplinary action for abuse of authority.

This is the progressive disciplinary policy for all departments, supervisors and employees in the City of Montgomery, Alabama.  Compliance is mandatory.  It is divided into two main sections:  minor infractions and major infractions.  All cabinet members, department heads and supervisors shall use this policy and shall insure that all City employees are familiar with the policy.  Any questions shall be directed to the office of the City Attorney. 

Supervisors and department heads are responsible for the consistent application of discipline to all employees within a department according to this policy. It is understood that certain infractions are more consequential in some departments than others. For example, a tardy in one department may result in one employee starting to work late whereas a tardy in another department may result in an entire work crew starting to work late.

NOTE:  When used in this policy, the term “Mayor” shall mean the Mayor and/or his designee with the exception that the Mayor is the Appointing Authority and has the sole authority to make a final determination on any disciplinary case/action.

Senior Management Responsibility
Supervisors and department heads are responsible for the consistent application of discipline to all employees within a department.  Senior management shall be responsible for and required to assure due process and progressive discipline as proscribed in this policy.  In deciding any disciplinary action to be recommended or taken, management shall consider the severity of the offense, the prior disciplinary history of the employee, and similar infractions/actions taken by or against other employees.

Probationary Employees
A new employee of probationary status whose performance is not satisfactory should be terminated if he or she fails to demonstrate ability or desire to perform at an acceptable level. Notification of Rejection of Probationary Appointment/Promotion (Form 38) should be completed, provided to the employee and forwarded to the appropriate cabinet member for review, recommendation and forwarding to the Mayor’s Office and Personnel.

NOTE:  The word “day” as used hereafter refers to 8 hours.  Recommendations for suspensions may be in hours.

Section 1.  Minor Infractions:  Unsatisfactory Work Performance, Work Practices Or Work Habits (Less Than major Or Serious Infractions
This Section is designed to address deficient job performance including unsatisfactory work performance, work practices or unsatisfactory work habits. It does not apply when an employee commits an infraction that warrants immediate suspension up to immediate dismissal such as theft of City property, assault on another employee, using City time or property for personal gain and/or any number of other serious infractions. The named serious infractions listed above are not intended to be all-inclusive.  Offenses other than unsatisfactory work performance, work practices or unsatisfactory work habits are to be treated as specified in Section 2.

Regular Employees
When it is determined that an employee is not fulfilling the essential functions and responsibilities of the position to which he or she is assigned, all reasonable counseling and disciplinary steps should be taken prior to discharge. In order to determine objectively that the employee has been given an opportunity to correct a deficiency, the following policy has been written and approved.  Disciplinary situations involving employees who have completed their probationary period should be dealt with by progressive discipline. Consistently applied progressive discipline will assure equitable treatment and encourage acceptable performance.

Step 1: Informal Discussion or Verbal Counseling

When a performance problem is first identified, the problem should be thoroughly discussed in private with the employee by his/her supervisor. Bringing the problem to the attention of the employee is often enough to prompt him or her to correct it willingly.  The supervisor shall complete a memo that identifies the date, time, substance and response of this meeting if it is an informal discussion.  A Form 28 shall be used if this is Verbal Counseling.

Step 2: Counseling

If a private informal discussion with the employee has not resulted in corrective action, following a thorough investigation, the supervisor should meet with the employee and:

Review the problem, (b) permit the employee to present his or her views on the problem, (c) advise the employee that the problem must be corrected and make suggestions and/or give direction for correcting the problem, (d) inform the employee that failure to correct the problem will result in further disciplinary action which will be a Written Reprimand, and (e) issue Written Warning (Form 30a) to the employee and put a copy into the personnel file.

Step 3: Written Reprimand

If satisfactory performance and corrective action are not achieved under Steps 1 and 2, the supervisor and his or her department head’s designee should meet with the employee and his/her representative in private and proceed via (a) through (d) above, and issue a written reprimand to the employee.

A Written Reprimand (Form 30b) shall be prepared and shall be discussed with the employee.  The employee shall sign the form acknowledging receipt of the Reprimand.  Signing the form shall not indicate that the employee agrees with the allegations, only the receipt of the document.

Step 4: Suspension

Four Days or Less:  If satisfactory performance and corrective action are not achieved under Steps 1 through 3, the supervisor and his or her department head shall notify the employee in writing (Form 31a) of the charges against him/her, set a date and time for the hearing and should meet with the employee and his/her representative in private and proceed via (a) through (d) above, and suspend the employee for up to four days without pay.  

NOTE:  The Mayor has designated the department head to conduct the pre-determination hearing if the suspension is four (4) days or less.  The charging officer may not be the hearing officer.

Due Process
The employee shall be entitled to due process for this hearing, including a written statement of the charges, a copy of any investigative summary and a copy of any evidence to be introduced at the hearing.  This information shall be provided with the notice of hearing.  The employee shall also have the right to cross-examine any witnesses, the right to refute the charges and/or to call witnesses, and the right to be represented.  The hearing shall be scheduled three (3) business days in advance.  Notice to the employee shall be by personal service or personal delivery to his/her last known official address as found in his/her personnel file.

Hearing Procedure
The department head shall conduct the hearing.  The following may be present at the hearing:  department head, immediate supervisor, recording secretary, City Attorney, witnesses for the City, the employee, his/her representative, relevant witnesses.  The department head shall insure that all persons in the room are identified, all proceedings are digitally recorded, all witnesses are put under oath, and that the hearing is conducted in a fair and impartial manner.  The charges shall be read to the employee and the employee shall be given the opportunity to admit or deny the charges.  The City has the burden of presenting enough evidence, which may be hearsay, to establish the rule violation(s) as outlined in the notice.  The employee shall have the right to cross-examine the witness.  After the City has concluded its case, the employee shall have the right to call and examine witnesses who are present with the City having the right to cross-examine these witnesses.  After the conclusion of testimony, the department head shall cause the recording to be electronically stored in a safe manner and shall complete the necessary documents to send to the Appointing Authority.

Form 35 shall be completed and forwarded to the appointing authority through the appropriate cabinet member for review and recommendation to the Mayor for final action by the Mayor.

Step 5: Recommendation to the Mayor for Disciplinary Action: Five (5) Days or More: 

If satisfactory performance and corrective action are not achieved under Steps 1 through 4, the supervisor and his or her department head should meet with the employee and his/her representative in private and proceed by making a recommendation, as outlined below, to the Mayor, who is the Appointing Authority for the City of Montgomery, or his/her designee, for disciplinary action.

If the anticipated recommendation is a suspension of Five (5) days or more, the department head shall conduct a meeting with the employee to notify him/her of the charges and give him/her a chance to respond or refute the charges.  The meeting shall be scheduled three (3) business days in advance.  Notice to the employee shall be by personal service or personal delivery to his/her last known official address as found in his/her personnel file.  The notice shall state the charges with particularity, a summary of the investigation (if available), copies of any documents intended to be used at the meeting, and shall give the date, time and location of the meeting with the Department head.  Form 31b shall be used for this notification.

The department head shall make his/her recommendation to the Mayor through the appropriate cabinet member within two business days by completing a Form 32, and including the notice of charges and a synopsis of the meeting including a summary of the evidence presented at the meeting, and a summary of any testimony and/or response.  A copy of any exhibit used at the meeting shall also be attached.  There shall also be included a list of previous disciplinary infractions for the past three (3) years.  The department head shall complete Form 32 (Recommendation for Disciplinary Action) and deliver a copy to the employee and forward the original to the office of the appropriate cabinet member for further proceedings as necessary.  The Mayor or his/her designee shall schedule a hearing before the Mayor or his designee.

The employee may waive his/her right to the hearing by completing Form 39 prior to the date set for the hearing before the Mayor or his/her designee.

Section 2. Major and/or Serious Violations Other Than Unsatisfactory Work Performance, Work Practices Or Work Habits
An employee of the City will be subject to disciplinary action or discharge at any time if the employee commits an offense for which discipline or immediate termination is appropriate, or if in the judgment of the department head the employee's continued presence would be contrary to the well-being of the City and/or any other person.

All disciplinary infractions do not call for immediate termination.  For violations involving Section 2 offenses, the department head or his/her designee may begin the disciplinary process with a Letter of Reprimand, Suspension Recommendation of Demotion and/or Termination, depending on the severity of the offense and the employee’s prior disciplinary record.

Whenever a supervisor or department head suspects that an employee has committed a major or serious infraction, or other infraction that cannot be handled within their department, he/she may request the Office of City Investigations to investigate the facts and circumstances of the alleged incident and make a report of their investigation.  (ROI).  These reports must be kept CONFIDENTIAL by the department head/supervisor and will not be distributed. 

If the supervisor or department head anticipates taking any disciplinary action against this employee based upon the information contained in the report, he/she may request that City Investigations, in association with the Legal Department, prepare a summary report that may be used in any administrative due process or disciplinary meeting or hearing and a copy furnished to the employee.  Certain information may be redacted to protect confidential information.

NOTE:  When completed Reports of Investigation are provided to department heads or supervisors, they will not be copied or reproduced in any form, nor will the ROI be released to the subject employee.  ROIs will not be placed in an individual’s City personnel file.

When an employee violates a policy or a rule and the City decides against immediately terminating the employee, either of the following Section 2 disciplinary actions may be used as deemed appropriate:

Written Reprimand:  The immediate supervisor may, at his or her discretion, issue a formal written reprimand to the employee explaining the nature of the complaint, noting any previous violations by the employee, and warning the employee that any further violations could lead to discharge.  Form 30b shall be completed and placed in the employee’s file.  A completed copy shall be provided to the employee. 

The employee will be requested to sign an Acknowledgement of Receipt even though they may disagree with the reprimand, and are encouraged to note their disagreement on the warning notice. Refusal to sign the Acknowledgement of Receipt is considered insubordination.

A copy of the written reprimand shall be placed in the employee's personnel file.   If additional violations are committed and, at the discretion of the department head, additional reprimands are not warranted, the employee may be recommended for suspension or involuntarily termination.

Recommendation to the Mayor for Suspension of less than Five (5) Days:
The Mayor has designated the Department Head (so long as he/she is not the charging officer) to conduct this hearing.   The due process requirements and other matters related to this hearing are the same as in the prior section for Section 1 Offenses. 

Recommendation to the Mayor for Suspension of Five (5) Days  or More: 
If the recommendation is a suspension of Five (5) days or more, the department head shall conduct a meeting with the employee to notify him/her of the charges and give him/her a chance to respond or refute the charges.  This meeting shall be digitally recorded.  The meeting shall be scheduled three (3) business days in advance.  Notice to the employee shall be by personal service or personal delivery to his/her last known official address as found in his/her personnel file.  The notice shall state the charges with particularity and give the date, time and location of the meeting with the department head. 

After the meeting, the department head shall make his/her recommendation to the Mayor through the cabinet member within two business days after the meeting by completing a Form 32, and including the notice of charges, a synopsis of the meeting including a summary of the evidence presented at the meeting, a copy of the digital recording, a copy of any exhibit used at the meeting, a list of previous disciplinary infractions for the past three (3) years, and a summary of any testimony and/or response. The department head shall complete Form 32 (Recommendation for Disciplinary Action) and deliver a copy to the employee and forward the original to the appropriate cabinet member or other designee who shall take further action as a designee of the office of the Mayor.  The Mayor or his/her designee shall schedule a hearing before the Mayor or his designee.

The employee may waive his/her right to the hearing by completing Form 39 prior to the date set for the hearing before the Mayor or his/her designee.

Special Rules for Exempt Employees
Special rules apply to employees who are classified as exempt under the Fair Labor Standards Act. Disciplinary deductions may be made from the wages of those employees, without loss of exempt status, for:

1. Partial day deductions or more for a violation of a safety rule of major significance, which involves the prevention of danger to the plant or other employees.

2.  Full day deduction or more for violations of workplace conduct rules provided that the policy:

• Covers serious workplace misconduct (not performance or attendance).
• Is written.
• Stated that violations could result in unpaid disciplinary suspension.
• Applies to all employees.

Suspensions for other violations must be for a full workweek.

City of Montgomery Notice of Departmental Hearing (Form 31) and Notification of Suspension (Form 35) must be completed, provided to the employee and forwarded to the Mayor’s Office and Personnel.

Hearing Before the Appointing Authority or His/Her Designee
For recommendations of any suspension of 5 days or more or a recommendation of termination or demotion, a hearing before the Appointing Authority shall be scheduled for the employee to have a hearing before the Mayor or his/her designee, unless waived by the employee.  If a hearing is scheduled before the Appointing Authority, notice in writing will be given to the employee by U.S. Mail, addressed to his/her address as listed in the City’s records.  A hearing shall be scheduled at least six working days after the date of notification.  The first day shall be the day after mailing.  Both the City and the employee shall exchange any documents they intend to use as evidence and the name of their representative at least three business days prior to the hearing before the Appointing Authority.

The Mayor may designate any person(s) to be his/her designee to conduct these hearings, including a cabinet level official, or any other person in his/her discretion.  The charging officer may not be the hearing officer.  The designee shall conduct the pre-determination hearing and make a report to the Mayor about the hearing.  The Mayor, as the appointing authority shall then make his/her decision regarding the disciplinary action.

The Appointing Authority shall complete Forms 35 and/or 36 and enclose a copy of Form 37 if applicable and mail them to the employee by U.S. Mail, addressed to his/her address as listed in the City’s records.

An appointing authority may suspend an employee without pay for cause. Suspensions in excess of thirty (30) calendar days in any fiscal year may be appealed by a permanent employee to the Personnel Board. Suspensions of thirty (30) calendar days or less may not be appealed to the Personnel Board except as they are provided for in Personnel Rules and Regulations. 

Employees shall also have the right to appeal the decision of the Appointing Authority to the City-County Personnel Board for any demotion or termination from employment under the City and County of Montgomery Personnel Board Rules and Regulations.

City employees have the right to contact any supervisor, senior official or City Investigations (CI) (See below) at any time to report suspected wrongdoing or mistreatment.  No one may restrict an employee from contacting CI or reporting wrongdoing to a supervisor or more senior official.  When an employee reports suspected wrongdoing to a supervisor, senior official or CI, it is known as a protected communication.

Restriction occurs when an employee is prevented from contacting CI, a supervisor or other senior official, in order to complain or make any allegation of wrongdoing. Restriction also occurs when an employee is required to report through the chain of command prior to making a protected communication. Restriction denies an employee the effective use of the City’s CI system or access to senior officials. 

A protected communication is any complaint regarding wrong-doing, violations of rules, law or policy, accusations of fraud, waste and abuse, or other misconduct, made by an employee to CI, a senior supervisor, department head, or any other senior/government official.

The City will provide employee information to outside agencies as requested in writing and only when accompanied by the original employee signed authorization for release of information.  Information is limited to confirming the dates of employment and job title.  The City does not provide letters of recommendation.

The department head is the only person authorized to disclose information and any phone calls or written inquiries seeking such information should be directed to the department head.

Any requests to view a City file, including personnel files, after separation from employment must be made through the Office of the City Clerk as a public records request.

Any employee of the City who has been arrested for any reason must report the arrest and surrounding circumstances to his or her immediate supervisor within one (1) working day.  Failure to comply with this policy may result in disciplinary action.  The employment related consequences of an arrest or conviction will be evaluated on a case by case basis.

Any employee who feels that this policy and/or handbook has been violated must notify his/her supervisor, or another person with authority to request an investigation.  Reporting requirements shall include harassment, retaliation, fraud, misuse of city property, filing of false reports or city documents, misusing leave, or any other area that may be considered to be harassment, retaliation, bullying, fraud, etc.

Any employee may contact the Office of City Investigations to report any alleged violation.  

The City is committed to providing a safe, sanitary, and healthful work environment for employees, clients, and visitors.  This is a top priority for the City.  The success of this goal depends on the alertness and personal commitment of all employees and staff.

Each employee is expected to obey safety rules and to exercise caution in all work activities.  Employees must immediately report any unsafe or unhealthy condition including all building and grounds managed by the City and any on-the-job or work-related injury or illness, to their supervisor.

Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including immediate termination of employment and may be denied Workers’ Compensation Benefits.

In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify their immediate supervisor.  Such reports are necessary to comply with laws and initiate insurance and workers' compensation benefit procedures.

The City wishes to maintain a work environment that is free of illegal drugs, alcohol, firearms, explosives or other instrumentality or substances that could jeopardize the safety of its employees.  The City requires the cooperation of all employees in administering this policy. Towards this end, the City reserves the right to request any employee to submit to a security inspection at any time (including during breaks and the lunch period) while on City premises or while performing work for the City while off-site based on individualized reasonable suspicion or legitimate work-related reasons.  The inspection shall be limited in scope to that necessary to achieve that purpose and may be requested by the supervisor.  Results of any inspection shall be immediately reported to the department head.

Desks, lockers, and other storage devices may be provided for the convenience of employees but remains the sole property of the City and are subject to being searched.  Inspections may also include, but are not be limited to property, equipment, storage rooms, the City vehicles, buildings, rooms, facilities, offices, computer hard drives, diskettes, voice mail, electronic mail, desks, or cabinets.  Any items that an employee does not want to have inspected should not be brought to work.

Entry onto any City premises or job site constitutes consent to searches and inspections.  In addition, every employee is required to consent in writing to inspections as a condition of employment. 

An employee's refusal to consent to a search or inspection when requested by the City constitutes a violation of City policy and is grounds for an adverse employment action, up to and including immediate dismissal.