Employees cannot use wireless communications devices, including cell phones and text messaging, when driving a city vehicle or his/her personal vehicle while on City business. Drivers who need to use a 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.

“Pursuant to Alabama Code 25-5-51, Misrepresentation as to pre-existing physical or mental conditions may void Worker’s Compensation Benefits”.  Falsely reporting or claiming Workers’ Compensation may result in termination from employment. Any person placed in a Workers’ Compensation status shall also be charged with FMLA leave.

Always report an injury to an authorized official or supervisor immediately. No matter how large or small an injury, it MUST be reported to be covered by Worker’s Compensation. All doctor visits must also be pre-authorized.

BENEFIT INFORMATION
An employee who is injured while performing a job-related activity is entitled to benefits that are a part of the State of Alabama Worker’s Compensation Law.

If an employee incurs an applicable injury, said employee shall be entitled to full payment for all medical expenses related to the injury. In addition, he/she shall receive compensation for lost wages during the period of time when he/she had to miss work due to the injury. (A determination of exact computations can be received from the Worker’s Compensation Office).

In order for these benefits to be received the following procedures must be followed:

All injuries, regardless of severity, are to be reported immediately to the employee’s supervisor. (See section 1.14 Worker’s Compensation manual)

If the injury isn’t reported within five days of the date of injury, all benefits to the date of notification shall not be the City’s responsibility.

The injured employee will be seen by a City-authorized physician; however, a second opinion may be received by submitting a request to the Worker’s Compensation Office.

Before seeing the approved physician, an employee must obtain a Physician Authorization and Treatment Report. This must be returned to the Worker’s Compensation Office before any expense will be paid.

Any other questions about Worker’s Compensation can be answered by referring to the City of Montgomery Worker’s Compensation Manual or the Worker’s Compensation Office located at City Hall.

****If injured after regular business hours while on the job, you are to go to Jackson’s Hospital or Baptist East and use Winn-Dixie or Walgreen for any prescriptions that may need to be filled.

It is not possible to provide a complete list of every work rule or performance standard.  As a result, the following are presented only as examples.  You are responsible for understanding and following these standards and work rules.  Employees who do not comply may be subject to disciplinary action, up to and including possible termination.

One of the City’s most paramount principles is to demonstrate respect and dignity in service to the citizens of Montgomery and interactions with each other.

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 immediate termination are as follows:

• Failure to call in or show for scheduled work shift – even one time only.
• Stealing, misappropriation or removing private or City property from City premises.
• Falsification of personnel, time records, leave requests, financial requests, City records or the employment application.
• 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 the nondiscrimination and/or professional conduct policy and prohibition against harassment.
• Violating the City Drug-Free Workplace Policy;
• Illegal drugs in an employee system and refusal to submit to 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 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, contractors, or residents.
• 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 employees, property or equipment;
• On-duty or Off-duty violation of any law adversely affecting the employee 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.

Basic guidelines that foster respect and dignity:

• Treat people the way they want to be treated, not the way you THINK they should be treated.
• What might be amusing to you may not be amusing to someone else, and may be insulting and/or offensive to some other person.  THINK  before you speak.
• All employees must be treated with respect.
• All employees must get along with co-workers.
• Explain WHY when you can.  People accept things better if they know why you want them to do it.  None of us likes to be told, “This is the way it is or this is the way we have always done it.”
• Recognize someone when he/she does a good job or shows improvement in an area.  Positive feedback can and should come from all sources.
• Avoid gossiping about co-workers.  Gossip hurts people.
• Your extra efforts will pay off for both you and your co-workers.

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

To assure orderly operations and provide the best possible work environment, the City from time to time establishes general work rules.  Although it is not possible to list all the forms of behavior that are considered unacceptable in the workplace, the following are examples of the types of infractions which can result in disciplinary action up to and including termination.  In order to avoid such severe consequences, just follow simple common sense, read and understand this list of examples, and ask management before engaging in any questionable activity.  Many of these policies and rules are outlined elsewhere in this handbook.

Examples of workplace rules of conduct for which you will be subject to progressive discipline under the Progressive Disciplinary Policy from counseling up to and including termination include, but are not limited to:

• Failing to follow instructions or to perform work as requested.
• Failing to meet reasonable standards of efficiency and productivity, or otherwise unsatisfactory job performance and/or repeated substandard work.
• Unauthorized or excessive absences (including failure to report for work, late arrival, early departure or unauthorized absence from duty) from work.
• Excessive break time or repeatedly attending to personal affairs on work time.
• Sleeping or giving the appearance of sleeping while on City property or during the time in which the employee is supposed to be working.
• Failure to prepare and submit required reports and/or records in a timely manner.
  
  Examples of workplace rules of conduct for which you may be subject to a letter of reprimand up to and including immediate discharge or disciplinary action as set forth in the progressive disciplinary policy include, but are not limited to:
• Insubordination or lack of cooperation.
• Abuse of authority over employees or citizens.
• Abusing, damaging, wasting, stealing, inappropriately removing, or possessing City property, records, or the property of other employees.
• Being arrested for any offense.
• Falsifying your employment application or making misrepresentations on any other personnel records.
• Falsifying City reports or committing fraud with regard to any records (including time sheets, expense accounts, absence excuse, etc.).
• Fighting, threatening violence, or otherwise starting a disturbance on City premises or while performing job duties, including, but not limited to, assaulting or intimidating a City employee or non‑employee.
• Unauthorized possession of firearms, knives, explosives, any device capable of discharging a projectile (i.e. bow and arrow, slingshot, etc.) or dangerous substances while performing job duties or on City property, except while having a firearm in his/her vehicle as allowed by state law while the vehicle is parked in accordance with federal or state law.  Possession of a firearm license does not authorize an employee to possess a firearm on City property where firearms are prohibited or in City buildings. 
• Reporting to work in a condition unfit to perform your duties, including reporting to work with measurable amounts of illegal drugs, intoxicants, or controlled substances in your system or being under the influence of alcohol or drugs or controlled substances.
• Possessing, consuming or selling alcohol, illicit drugs or controlled substances on City premises or while performing your job duties and/or any violation of the City Drug-Free Workplace Policy, including reporting to work under the influence of drugs/alcohol or testing positive for illegal or unprescribed drugs during a drug screen.
• Violating a City safety, fire prevention, health, or security rule, policy or practice -- or creating or contributing to unhealthy or unsanitary conditions.
• Using tobacco in unauthorized areas.
• Acting in conflict with the interests of City.
• Boisterous or disruptive activity or horseplay in the workplace.
• Conduct leading to damage of City‑owned property.
• Disclosing unauthorized confidential City information.
• Unauthorized solicitation or distribution on City property.
• Performing work other than City assignments during working hours.
• Calling in absent after refusal of request for time off.
• Sexual, racial or other unlawful harassment or any violation of the Rules of Conduct and Harassment policies.
• Failing to fully cooperate in any City investigation.
• Failure to notify the City for wrongdoings of co-workers or for violation of any rules, regulations or law.
• Failing to notify City of an accident as soon as possible.
• Abuse of phone or other communication systems for personal use.
• Abuse or misuse of the City telephone system, computer system or data.
• Entering a restricted area without authorization.
• Not bringing to the attention of a supervisor, Department Head or other official situations that may be fraudulent or that may involve an employee in an area of fraud, misuse, abuse, etc.
• Abusing your position to obtain access to records, information, or equipment for personal or non-city related purposes.
• Not being truthful or attempting to mislead or evade a direct question or inquiry from any supervisor or City official.

The City is committed to maintaining a safe environment and preventing workplace violence.  All employees should be treated with courtesy and respect at all times.  Conduct that threatens, intimidates, or coerces another employee, a client, or a member of the public at any time, including off-duty periods, will not be tolerated.

In an effort to prevent violence that may occur during business hours or on City premises, the City has developed these guidelines to identify and define prohibited conduct, which includes, but is not limited to the following:

• Physically or verbally threatening another individual;
• The intentional destruction or threat of destruction of City property or a co-employee’s property while at work;
• Harassing or threatening phone calls or written communications;
• Stalking;
• Advocating or threatening the illegal use of weapons or bombs;
• Threats or attempts to commit suicide;
• Fighting;
• Horseplay;
• Bullying;
• Profanity;
• Advocating or threatening revenge based upon a workplace occurrence.

Employees are prohibited from possessing unauthorized weapons, including but not limited to, firearms, knives and other dangerous instrumentalities or hazardous devices inside City buildings or while working as a City employee.  Employees may have firearms stored in their vehicle in City parking lots as may be allowed by state or federal law.  However, no unauthorized employee shall have a firearm on his/her person or in a vehicle while performing the duties of his/her job.

Except in strict accordance with the eligibility criteria established by Alabama Law, employees are prohibited from the possession of firearms or weapons of any description on the premises of City buildings or lots or while such employees are performing work for City. While Alabama law may allow the possession of firearms in limited locations within specific restrictions (noted below), the City discourages the exercise of those rights as part of its violence prevention program.  Additionally, employees generally are urged not to discuss any firearms which they may have in their locked vehicle in the City parking lots, as such disclosure may result in the City seeking to make a determination as to whether the employee is in strict compliance with the exceptions required by Alabama law to our prohibition against firearms. Any employee in possession of a firearm on City property or while performing work for City who does not meet all of the statutorily required exception criteria, may be subject to discipline, up to and including termination.

All threats of (or actual) violence, both direct and indirect, should be reported as soon as possible to your immediate supervisor or any other member of management. This includes threats by employees, as well as threats by residents, vendors, solicitors or members of the public. When reporting a threat of violence, you should be as specific and detailed as possible. All suspicious individuals or activities should also be reported as soon as possible to a member of management.

The City will promptly and thoroughly investigate all reports of threats, acts of violence, and suspicious individuals or activities. The identity of the individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, City may suspend employees, either with or without pay, pending investigation. Anyone determined to be responsible for threats, acts of violence, or other conduct that violates these guidelines will be subject to prompt disciplinary action up to and including termination of employment.

The City encourages employees to bring their disputes or differences with other employees to the attention of their supervisors or another member of management before the situation escalates into potential violence. The City is eager to assist in the resolution of employee disputes and will not discipline employees for raising such concerns.

Eligibility Criteria based on Alabama Law to have guns in locked vehicle in City Parking Lots 

Alabama law prohibits an employer from restricting an employee from having a firearm in a locked vehicle in the parking lot under certain limited circumstances. For such statutory protections to apply, the employee must also meet certain other statutory eligibility criteria, some of which are shown below: 

If the City learns that an employee does possess a weapon in their locked vehicle, the law allows the City to take the steps necessary to determine whether the employee is in compliance with Alabama law. The City may take disciplinary action against any employee upon finding that the employee is not in compliance with the law. However, the City will not take any action against an employee solely based on the presence of a lawful firearm in the employee’s locked vehicle, out of plain sight, and otherwise in compliance with Alabama law.

All threats of violence, violent acts, potentially volatile situations, and all conduct prohibited by this policy should be reported as soon as possible to the supervisor.  This includes threats by employees, as well as threats by clients, vendors, solicitors, or other members of the public.  Reports should be as specific and detailed as possible.  Additionally, any emergency, crisis, or situation posing imminent danger should be immediately reported to the police department and department head.

The City will promptly and thoroughly investigate all reports.  The identity of the individual making a report will be protected as much as is practical.  No person will be subject to retaliation or reprisal because of making a report.  In order to maintain workplace safety and the integrity of its investigation, the City may place employees on administrative leave, either with or without pay (subject to Section 10(b) of the Personnel Rules), pending investigation. Employees charged with a crime may be placed on administrative leave without pay for a maximum of 15 days for investigation.

Anyone determined to be responsible for threats of violence; violent acts or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment.

The City encourages employees to bring their disputes or differences with other employees to the attention of the supervisor before the situation escalates into potential violence.  The City is eager to assist in the resolution of employee disputes, and will not discipline employees for raising such concerns.