City Policies Employee Policy Handbook

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                                       EMPLOYEE POLICY HANDBOOK


                           Sexual Harassment                EEO/Affmnative Action
                           Training                           Drug & Alcohol
                              Family Medical Leave              Computer Usage
                                             Sick Leave (97-114h)

                                      CITY EMPLOYEE OPPORTUNITIES

 The City of Muskegon is an active, changing organization. This growth and progress offers opportunities for
 people to grow with the city and take on broader duties and responsibilities. Civil Service Rules state; "In
 order that employees will be given opportunities to advance in the municipal service, vacancies in the service
 will be filled by promotion whenever practicable. The Civil Service Commission shall determine in the case of
 each vacancy whether it is to be filled by promotional or open competitive examination".

                                     AFFIRMATIVE ACTION EMPLOYER

 The City of Muskegon established its Equal Employment Opportunity-Affmnative Action Policy in
 accordance with the rules, regulations, and guidelines of the various federal state, and local lows and agencies
 having oversight in the equal employment opportunity- affmnative action arena. This policy provides further
 assurance of the full implementation of the City's policy on Equal Employment Opportunity (EEO), the goal of
 which is equal opportunity for any individual for full employment, regardless of race, sex, handicap or veteran
 status. This policy also sets forth the City's commitment to affmnatively provide employment opportunities to
 members of minority groups, women, and handicapped citizens

                                           HANDICAP GUIDELINES

The City welcomes individuals with disabilities into employment under the Americans with Disabilities Act of
1990. Persons with disabilities will receive equal opportunities and reasonable accommodation in the work
place as long as acceptable performance standards are met.



                                            POLICY STATEMENT-

In the interest of full and effective implementation of both the Federal and State Civil Rights Acts, as amended,
it is the policy of the City of Muskegon that sexual harassment will not be tolerated among, by, or toward City
employees. To that end, the following policy has bin adopted to eliminate sexual harassment in the work

I.       Sexual harassment is a form of sexual discrimination. Sexual harassment includes, but is not limited

         I.       unwelcome sexual advances
                  requests of a sexual nature
        3.        unwelcome verbal sexual suggestions, remarks, insults or jokes
        4.        unwelcome sexualJy suggestive or insulting noises, leering, whistling or obscene gestures,
        5.        unwelcome touching, pinching, or brushing against the body,


 I.     Verbal; Sexual innuendo. Suggestive comments, sexual insults, sexual threats,
        propositions, vulgar or obscene jokes of a sexual nature.
        2.        Nonverbal: Making sexually suggestive or insulting noises, leering, whistling in a
        sexually suggestive manner, obscene gestures.
        3.        Physical; Touching, ie., pinching, intentionally brushing the body, coercion, sexual
        contact, sexual assault.
        4.        Others: Displaying sexual jokes, pictures, photo graphs, and pin-ups. Starting untrue
        sexual rumors about an employee. Any offensive behavior or display of a sexual nature.

II.     Sexual harassment occurs under the following Circumstances;

        A.       "Quid pro quo";    (this for that) sexual harassment occurs when submission to such
        conduct or communication is made a term or condition, either implicitly or explicitly, of obtaining or
        maintaining employment, public accommodations, or public services, education, or housing.

       B.        "Hostile Environment"     sexual harassment occurs when such conduct or communication
       interferes with an individuals employment, public accommodations, public services, education, or
       housing, or, when such conduct creates an intimidating, hostile, or offensive environment in
       employment, public accommodations, or public services, education or housing

III.   Complaint procedures;

       A.      Any employee who believes he or she has been the subject of either quid pro quo or hostile
       environment sexual harassment should report the conduct immediately.

       B.       Reports of sexual harassment should be made to;

                 I.      The Personnel Director, or
                         The Affirmative Action Director, or
                3.       Any department head or supervisor.

       C.       Department heads or supervisors who observe, or have incidents of sexual harassment
                reported to them must;

                I.       report such incidents to the City Manager or Personnel Director.
                2.       Take steps to prevent continued and/or further sexual harassment.

IV.    Response Procedures;

       A.       The City Manager will appoint a person or persons to conduct a confidential investigation of
                any complaint of sexual harassment. In the event the complaint is against the City Manager,
                the City Attorney is hereby authorized to appoint a person or persons to conduct a
                confidential investigation.

       B.       The investigation will conclude with a factual determination based upon all of the evidence
                that is received.

       C.       Retaliating or discriminating against any employee for complaining about sexual harassment
                is prohibited.

       D.      Department heads or supervisors who fail to obey this directive shall be subject to
               appropriate disciplinary sanctions, up to and including discharge.
           E.      Any employee found to ;have sexually harassed another employee shall be subject to
                   appropriate disciplinary sanctions, ranging from a warning in his or her file, up to and
                   including discharge.

           F.      In light of the serious effects which false accusations of sexual harassment may have upon
                   others, making false accusations of sexual harassment shall be subject to appropriate
                   disciplinary sanctions ranging from a warning placed in his or her file, up to and including

                                     V.          Further Information or Help

          A.       Employees seeking information and/or counsel regarding sexual harassment may want to
                   consider, among others, the following sources:

                                                 Every Woman's Place of Muskegon
                                                       1221 W. Laketon Ave.
                                                       Muskegon, Ml 49441
                                                          (616) 759-7909

                                Michigan Task Force on Sexual Harassment in the Workplace
                                                   309 N. Washington
                                                      PO Box 30015
                                                    Lansing Ml 48909

                                     EMPLOYEE COMPLAINT PROCEDURE

         Complaints regarding employment issues should first be taken to the immediate supervisor most
         directly associated with the problem and, if possible, settlement will be reached at that level.

          I.      If unresolved at this point, the employee can take the complaint to the appropriate
                  department head.
         2.       If a satisfactory solution is not reached at this time, the employee may submit a signed
                  complaint to the Civil Service Director. In an attempt to resolve the complaint, the
                  employee, the employee's immediate supervisor, and the Civil Service Director will meet
                  upon either party's request.
         3.       If still unresolved, the employee may submit a signed complaint to the Civil Service
                  Commission. If appropriate, the Commission will conduct a hearing on the complaint at its
                  earliest opportunity.

                  Every attempt should be made to reach a resolution of the complaint at the lowest level of
                  this procedure.

                                  (See also Civil Service Rules and Regulations, Appendix A)

                                      PERFORMANCE APPRAISALS

Your development is an important pan of our continued growth as a member of the City organization.
Recognizing this fact, you will receive a performance appraisal from your supervisor on or before the ending
date of your probation period. However, during this probation period, there will be two opportunities for you
and your supervisor to sit down for a possible guidance plan for continued growth in your job. These
opportunities for review will be at the 2-month and the 4-month period of your employment. Your formal
probationary performance appraisal at the end of probation will follow. Subsequent merit appraisals occur on
an annual basis. The performance appraisal system is administered by the Civil Service departtnent.

It is your responsibility to call your supervisor (or designee) on those days when you will be tardy or absent.
Employees should be aware that call-in procedures may vary from department to department.

                                         EMPLOYEE DISCIPLINE

The Civil Service Commission has adopted and regularly reviews a series of work rules appropriate to City
employment. These work rules, if violated, may result in disciplinary action appropriate to the severity of the
violation and the work rule itself. Employees should familiarize themselves with these work rules and be on
the alert to avoid violations. (See also Civil Service Rule X).


                                         PROBATIONARY PERIOD

The probationary period shall be regarded as an integral part of the employment examination process and shall
be utilized for closely observing the employee's work, for securing the most effective adjustment of the new
employee to his/her does not meet expected work standards. Any person who has accepted a permanent
appointment from an eligible list shall be on probation for a period not to exceed six (6) months from the date
of such appointment (the probationary period may be extended upon the request of the appointing authority
and approval of the Civil Service Commission). (For uniformed Police and Fire Department employees,
probation is for a period of twelve (12) months from the date of appointment).

Before the expiration of the probation period the head of the department or'office tn which the person is
employed may, with the consent of the Civil Service Commission, based upon written reasons submitted to it.
discharge or transfer the employee to another department in the same class with the consent of the head of such

Upon completing probation, an employee may consider the examination process complete, (See also Civil
Service Rule VI, Section 3 (])(a)).


In order that employees will be given opportunities to advance in the municipal service, vacancies in the
service will be filled by prommion whenever practicable. The Civil Service Commission shall determine in the
case of each vacancy whether it is to be filled by promotion or open/competitive examination. (See Rule Ill,
Sec. l, Civil Service Rules). Promotional opportunities are posted in each City department.


                                           Probationary Employees:

Upon request of a probationary employee, the appointing authority may transfer the probationary employee
with the consent of the Civil Service Commission before the completion of the probationary period and with
the consent of the sending and receiving department heads. All requests for transfers with reasons stated must
be made upon the Commission's prescribed form available in the Civil Service office.

Transfers may be made upon the request ofprobationry employees with the approval of the Civil Service
Commission to another position of the same or lower classification provided the employee possesses the
 necessary qualifications to assume the duties of the second position and that such transfer has the approval of
 both appointing authorities involved. The employee so transferred shall begin a new probationary period. If
 the transferring probationary employee shall complete the six (6) month probationary period starting from the
 date of transfer, he/she shall then take his/her with seniority dating from the date of transfer. (Civil Service
 Rule VIII, Section I)

                                              Permanent Emplovees;

A transfer may be made upon the request of a permanent employee with the approval of the Civil Service
Commission to another position of the same or lower classification provided the employee possesses the
necessary qualifications to assume the duties of the second position and that such transfer has the approval of
the sending and receiving department heads. The employee so transferred shall retain his/her seniority rights in
the department from which he/she transferred for a period of six (6) months from date of transfer and, after the
expiration of a new, six-month probation period, he/she shall then take his/her seniority in the department to
which he/she was transferred, which seniority shall then date back to the date of transfer (Civil Service Rule
VIII, Sec. 2).

                                            EMPLOYEE PARKING

Parking for City Hall, Police and Fire Department employees is located at the corner of Apple Avenue on
Jefferson Street. A parking sticker, obtained from the Traffic Bureau in the Police Department, is required to
park in the City employee lot. A valid license plate number is required upon application . Parking permits are
good for the duration of your employment. Any vehicle that is parked in the employee parking lot without a
sticker is subject to a parking fine.

                                     OFFICE HOURS - CITY BUILDINGS

                        Cemetery                    8:00A.M.                    12:00 P.M.
                                      l:O0P.M.                     4:30 P.M.
                        City Hall                   8:30A.M.                      5:00P.M.
                        Fire Dept.                  8:30A.M.                      5:00P.M.
                           Housing                    8:30A.M.                     Noon
                                      l:00P.M.                     5:00 P.M.
                        Police Dept.                8:30A.M.                     5:00 P.M.
                        Public Works                8:00A.M.                     4:30 P.M.
                        Water Filtration Plant      7:30A.M.                     4:00 P.M.

              •         Office hours in some departments may be subject to seasonal adjustments.

                                           REDUCTION IN FORCE

In the event of a reduction in force (lay-off), non-represented, classified employees will be laid off and recalled
according to seniority within classifications. Bumping to a lower classification is allowed if the laid off
employee is qualified for the position to which he/she bumping. Final decisions regarding qualifications are
made by the Civil Service Commission.

                                       PART      TIME EMPLOYMENT

                                                  PAY PLAN

Salary schedules for part-time city employees are normally adjusted annually. The effective date of pay
adjustment is the commencement of the new year. Hourly rates are based on the annual rate according to
classification. divided by two thousand eighty (2,080) hours. Merit increases are based upon performance and
time in the position.
                                           SICK LEA VEN ACA TION

Sick leave and vacation for permanent part-time employees will be accrued on a prorated basis according to the
actual time worked in the preceding year.

                                                PERSONAL TIME

Permanent part-time employees are entitled to one (I) personal leave day per year. Such leave should be
requested 24 hours in advance and must be submitted to the inunediate supervisor for approval. Employees are
not required to delineate the intended use of this time off.

                                           ADDITIONAL BENEFITS

Mandatory requirements such as Social Security, Worker's Compensation and Unemployment Insurance are
the additional benefits offered to permanent part-time employees.


                                  STANDARDS OF CONDUCT AND

As an organization, it is our wish to build and maintain public trust. This can be achieved by enhancing our
ethical consciousness, proficiency and practical judgment through the following principles, considerations and
obligations, and criteria for decision making;

                                  PUBLIC OFFICE AS A PUBLIC TRUST

l.       Pursue public interest - by treating our own office as a public trust. We must work to pursue the
         public interest to the best of our ability, and subordinate self interest to the public good.
2.       Ensure public respect - by acting to ensure our city government is conducted according to the highest
         principles of honesty, integrity, and a concern for justice:

         *        avoid improprieties
*        avoid behavior which has the appearance of impropriety.

3.       Personal gain should not be sought or accepted...: in lieu of perfont1ing public responsibilities.
4.       Use of citv propertv or facilities for personal benefit is prohibited.


City employees should employ objective judgment in the performance of duties. Decisions should be based
upon merits, free from conflict of interest and improper influences..

I.      One should avoid financial, social, and political relationships which may compromise objectivity or
2.      Disqualification of oneself in a public action should occur when in conflict of interest, when such may
        weaken fairness and/or objectivity.
3.      The powers of position should be exercised fairly and without prejudice, avoid regarding relatives and
        friends or punishing enemies and opponents.
4.      Intervention on behalf of friends or citizens in the decision making or investigation processes should
        expressly focus on fairness-in-process. Exerting pressure on administrators for purposes of
        influencing their decisions should be strictly avoided.
                                            PRINCIPLES OF ACCOUNTABILITY

          City employees should assure that government is conducted openly, efficiently, equitably and honorably, thus
                 permitting citizens to make informed judgements and hold government officials accountable.

         I.      Those in positions of authority should ·assure that their staff carry out their responsibilities efficiently
                 and ethically.
      2.         City employees should take affirmative steps to improve procedures, which are hannful, wasteful, or
                 inefficient toward increasing the fairness and quality of city services.
      3.         City employees should maintain integrity and trustworthiness in public service, including reporting
                 improper conduct toward the prevention of unethical use of public position, authority, or resources.

                                     GENERAL HEALTH/SAFETY REQUIREMENTS

                  Your own daily safe work habits are the best and most effective means of preventing accidents. All
                 the machine guards, glasses, gloves, alarms and other safeguarding equipment are useless in
                 protecting you if you present yourself unnecessarily to on-the-job hazards.
      2          Never operate machines or equipment unless you have been fully trained to do so, make certain you
                 know the correct procedures involved with your particular job.
     3           Report all accidents and near accidents to your supervisor.
     4           You are not expected to take any unnecessary chances or work under any hazardous conditions unless
                 adequate and proper safeguards have been employed.
     5           No alcohol or other substances that mentally or physically affect your awareness or performance are
     6           Practical jokes and horseplay have no place on the job.
     7           Use the safety equipment provided for you. Keep it in good, clean condition.
     8           Learn to lift properly using leg muscles, not the back. Grasp the load firmly and keep the back as
                 straight as possible when raising the load, Make sure the pathway is clear. Do not be afraid to ask
                 for help
     9           Check the equipment and tools you expect to use. Make sure they are free from defects .

     I 0.       Return all equipment to its proper storage area. Keep the floor free of extension cords, oil, tools and
                other slip and trip hazards.
     11.        Dress properly for the job. A void wearing rings and other jewelry at work when it involves moving
     12.        Work at a steady pace and keep your mind on what you are doing.
     13.        Know where the fire extinguishers are and how to use them. Also, learn the quickest way out of the
                building in the event of a fire.
     I 4.       Use common sense.
     15.        Wear seat belts at all times, including time spent driving or riding in city vehicles.

                                                         DRESS CODE
The personal appearance of employees contributes significantly toward the public impression of the City of
Muskegon. Every customer and visitor forms an impression of the City of Muskegon through its employees.
Therefore, you are expected to dress for work according to generally accepted business standards or in unif9rm,
if required for your position. Where safety is a factor, common sense should be used when choosing your ' 1
clothing, shoes, etc., for work. Dress code policies for all represented and non-represented emploi;.ees are' as

I.   Employees must repm1 to work wearing clothing in a professional manner. Clothing will be in good repair,
     clean, wrinkle-free and properly fitted. Tom clothing of any nature is not acceptable.

2.   If the City provides uniforms, the employee will wear them. Police and Fire personnel will be required to
     follcw the Umform Policy of their department.
3. All clothing will comply with the Personal Protective Equipment requirements for the jub classiiication.

4.   Shirts must be worn at all times. Tank tops (with the exception of lifeguards or those worn under a shirt or
     blazer), cutoff shirts, and mesh shirts are not permissible. Undershirts or thermal underwear may not be
     worn as an outer layer of clothing.

5. All male employees with the exception of Bike Patrol officers, lifeguards, Marina personnel (when not
   performing maintenance activities) and Recreation personnel will wear long pants while on duty.
   Camouflage, nylon athletic, and sweatpants will not be allowed. Pants must be worn around your waist.
   For those employees who may wear shorts, they may not be cut-off or track shorts. fuseam length will be a
   minimum of six inches.

6. All female employees with the exception of Bike Patrol officers, lifeguards, Marina personnel (when not
   performing maintenance activities) and Recreation personnel will wear long pants, dresses, skirts or skorts
   as appropriate to their job classification. Strapless or low-cut items are not acceptable. Dresses, skirts, and
   skorts will be at least mid-thigh in length. Camouflage, nylon athletic, and sweatpants will not be allowed.
   Pants must be worn around your waist. For those employees who may wear shorts, they may not be cut-offs
   or track shorts. Inseam length will be a minimum of six inches.

7. Footwear will comply with the Personal Protective Equipment requirements for the job classification. Non-
   dress sandals are not acceptable for any employee except lifeguards.

8. Clothing and headgear cannot have alcohol or cigarette advertising, or inappropriate or sexually suggestive
   wording on it. Headgear will be appropriate to the profession and worn in the correct manner.

9. Business dress or business casual clothing will be worn when representing the City of Muskegon at outside
   functions such as seminars or conferences. Outside training sessions require clothing appropriate to the

NOTE: The first time that an employee reports to work inappropriately attired they will be told by their
supervisor to change into acceptable clothing. This will be done off the clock at unpaid status. Subsequent
offenses will be considered a Group 2 offense, "Willful disobedience to the proper directive of a
supervisor, ...... " and will be dealt with accordingly.

These policies are in effect during an employee's regular work assignments, at formal meetings or workshops
where an individual represents the City, and during overtime assignments.

Last updated 5-30-02

                                                TELEPHONE USAGE

      Telephones are provided throughout city offices which are to be used for conducting city business and should ; I
      not be used for personal.reasons.                                                                           ., .
                                                SMOKING POLICY

               Smoking is prohibited in all city owned and operated buildings, facilities, and vehicles.


                                                     PAY PLAN

 Salaries are granted according to job classifications and include established pay ranges. Salary ranges for full-
 time permanent city employees are usually patterned on a step-increase system. At the commencement of
 employment, wages are typically assigned at the frrst step of a wage scale for that classification. Thereafter,
 pay is based upon merit and graduates according to the steps of the pay plan for a given classification. Merit
 increases are determined by annual performance evaluations.

                              NON-EXEMPT POSITIONS AND OVERTIME PAY

 Employees who are eligible to receive overtime pay are paid time and one-half times their regular hourly wage
 rate for all hours worked beyond 8 hours in one work day or 40 hours in one work week. Paid leave time shall
 be considered as time worked in computing overtime pay.

                                                LONGEVITY PAY

 I.       Semi-annual payments to be paid in June and December on a basis of$!00.00 per year for each five
          years of service and not to exceed $500.00.
 2a.      Persons reinstated after a break in service will be granted their prior longevity status minus their last 5
 years accumulation($ 100.00) upon re-employment. Each additional year of service after re-employment is to
 be added to this reduced credit for the next longevity. (Amended on February 11, 1969).                                      )
 2b.      Any employee receiving benefits from a City of Muskegon Retirement system shall not be entitled to
 longevity pay service credit for time worked prior to receiving their first pension benefit (Amended on
 February 24, 1976).

3a.      Any employee who reaches 5. IO, 15, 20, or 25 years of service on or before June 30, and is on the
payroll as of June 1 will be eligible for 1/:z the longevity in June and each successive semi-annual payment in
December and June thereafter.

3b.      Any employee who reaches 5, 10, 15. 20, or 25 years of service on or before December 31, and is on
the payroll as of December 1 will receive½ the longevity in December and each successive semi-annual
payment thereafter.

4.       During the calendar year in which an employee retires under one of the city's retirement plans, he/she
        shall be entitled to receive, at the time of the semi-annual. payment of longevity, a pro-rated portion of
        his longevity pay based on days worked. (Amended March 1960).
5 All compensation for employees is subject to deductions for required state and federal taxes. (e597)

                                               UNPAID LEAVES

                                                                                                                        l T

Special unpaid leaves of absence may be provided for employees who find it necessary to be absent fron!'their
                                                                                                              .' .
work for an extended period of time. All leave categories are subject to the following: Requests for leave of
absence must be made in writing and signed by the requester. Such requests are to be submitted to the
immediate supervisor. Requests for leave are subject to approval of the employee's department head, the City
Manager, and the Civil Service Commission. Requests should be submitted as early as possible for purposes
of deparnnental planning and inclusion on the next CiviJ Service Commission agenda. The accrual of sick and
vacation time cease for the duration of a leave of absence and insurance coverage may be affected as weIL
                                                   MEDICAL LEA VE

  Pennanent employees may request an unpaid leave of absence for reas. ,,s such as illness or other disability.

  Accrued sick days must be exhausted before applying for an unpaid medical leave of absence. Seniority
  continues to accrue for the first 30 days of an unpaid leave of absence.

  Application for medical leave should be submitted as soon as possible to the immediate supervisor and is
  subject to approval as indicated above. A physician's statement must accompany such a request, as well as the
  reason for the leave and an expected return-to-work date.

  All approved unpaid medical leaves of absence are subject to the City's Family Medical Leave Act policy (a
  copy of the policy is included in this handbook)J. The first twelve weeks of any unpaid medical leave of
  absence is counted against the employee's annual entitlement under the Federal Family Medical Leave Act

                                      ADDITIONAL LEAVES OF ABSENCE

 In addition to approved leaves of absence for medical purposes, the following unpaid leaves are also available,
 provided approval is granted;

                                                 Government Service

                                                   Military Service
                                                   Personal Reasons

                                                    PAID LEAVES

                                                  Bereavement Leave

 A special leave of absence for up to three (3) days with pay will be granted to attend the funeral of an
 immediate family member; i.e., current spouse; parent or stepparent, parent or stepparent of current spouse,
 grandparent or step-grandparent, grandparent or step-grandparent of current spouse, ; child or stepchild,
 brother, stepbrother or half-brother, sister, stepsister or half-sister; brother-in-law or sister-in-law; son-in-law;
 daughter-in-law or grandchild. One(]) day with pay will be granted in the event of the death of a family
 member not mentioned above, provided the employee attends the funeral service. Unpaid leave may be
 granted to attend the funeral of a fellow employee.

                                                       Jurv Duty

If an employee is summoned to report for jury selection or jury duty, as prescribed by law, the employee will
be paid the difference between nonnal wages earned on affected days and jury fees allotted by the courts
provided the employee is unable, as a result of jury assignment, to report for his/her regular work period.
Amounts paid for travel or other expenses will not be included in payments for jury service.

If the employee is not required to spend a full day in court, return to work is expected within one (I) hour
following dismissal from duty, unless special arrangements have be'en made with the supervisor. The
employee must notify his/her immediate supervisor upon receipt of a summons for jury duty.

A statement from the court verifying the days served and the monies received for service is required.
Typically, the employee will continue to receive a regular pay check from the city and will remand jury duty
fees received to the city Finance Department. Employees on jury duty will continue to accumulate pension and
vacation credits. In addition, they shall continue to be covered under the applicable insurance programs during
jury leave.
                                                     Sick Leave

 Sick leave for full-time employees is credited on January first of each year based on the amount of time
 worked in the previous year. One day of suck leave is granted for each month of employment (not to exceed
 12 days), accumulation to 120 days. In January of each year days accumulated over 120 are compensated at 50
 percent. At retirement or upon termination of employment, the City pays ½ of accumulated unused sick leave,
 not to exceed 60.

                                                  Personal Leave

 Eligible full-time employees are entitled to two (2) paid personal leave days per year. Such time off should be
 requested 24 hours in advance and must be submitted to the immediate supervisor for approval. Employees are
 not required to delineate the intended use of personal leave.


 A vacation with pay is granted every year to eligible employees. Earned vacation time may be taken in full
 weeks. Days or half-days and must be approved and scheduled in advance with the immediate supervisor.
 Vacation days are available for use in the calendar year following the calendar year in which they are earned.
 (i.e., a new employee with a June, 1996 date of hire would earn seven vacation days during the remainder of
 calendar year 1996. Those seven vacation day would be available for use during calendar year 1997). No
 vacation time may be taken during the probation period.

                          Vacation time is earned according to the following schedule:

     CALENDAR YEAR OF SERVICE                                                 VACATION DAYS EARNED

     I" calendar year of employment                                           I day per month of employment
                                          not to exceed 10 vacation days.

            2 nd and 3rd calendar year                                               I2 vacation days
            4 through 9th calendar year                                              I 5 vacation days

            I Olli through 13th calendar year                                        17 vacation days

            l4lli calendar year and beyond                                           20 vacation days


           Holidays off with pay are awarded to all full-time permanent employees and may include:

             New Year's Day; Martin Luther King Day; Memorial Day; Independence Day
         Labor Day; Veteran's Day; Thanksgiving Day; Day After Thanksgiving; Christmas Eve;
                                   Christmas Day; New Year's Eve.

                                         REST AND MEAL PERIODS

Full-time employees are entitled to two fifteen ( 15) minute breaks during the course of a full working day, one
each to be taken during the first and second half of one:s shift. For reasons of personnel coverage rest period
times may be subject to direction by the department head. Employees working half-days are entitled to one
fifteen ( I 5) minute break per four (4) hour shift.
Employees are entitled to a sixty (60) minute unpaid lunch period. Specific times for lunch hours are
generally determined by each department head, depending on the operational needs of his/her department.

                                 GOVERNMENT-SPONSORED PROGRAMS

    The City of Muskegon makes substantial contributions in your behalf for the following government-sponsored

                                          Unemployment Compensation:

Unemployment compensation is provided by the State and Federal governments and is paid, in part, through a
city contribution for each employee. Should you become unemployed, through no fault of your own, and
unable to find work, you are entitled to draw certain benefits. Details regarding your eligibility and amount of
benefit can be secured from the nearest State Employment Security Office: Michigan Employment Security
Commission, 2644 Peck St., Muskegon, Ml., 739-8900.

                                          F.I.C.A. - Social Securitv Taxes

The city contributes a substantial sum to provide federally mandated retirement, disability retirement, survivor
and Medicare benefits.

Social Security benefits are important elements of our Security Program. The city also contributes a portion of
your gross wages toward Medicare and F.I.C.A. benefits. Detailed information may be secured through the
nearest Social Security office: 450 Morris Ave., Muskegon, MI.,:726-3588 or 1-800-7721213.

                                              Worker's Compensation

Worker's Compensation is a State mandated program which provides Compensation for; (]) disability or
death as a result of personal injury suffered in the course and scope of employment or, (2) disability or death
due to an occupational disease contracted in the course and scope of employment. Compensation includes
medical care necessary to relieve and cure an employee from the effects of a work connected injury or disease.

Injuries arising out of the performance of city work must be reported to your immediate supervisor as soon as
possible. Employees injured ON DUTY must seek treatment at the following approved medical facility:

                                      Hackley Occupational Health Clinic
                                         1675 Leahy Street, Suite 103
                                            Muskegon, Ml. 49442
                                              Phone: 728-4915

           The injured employee must also complete an accident report available in each city department.

                                            HEALTH INSURANCE

Full-time active employees may participate in a medical plan after thirty (30) days of employment. Employees
may enroll themselves and their dependents. Eligible retirees and their dependents are covered. The city
currently offers the following medical plan options:

•          The City of Muskegon Health Plan
•          An approved HMO policy

(Deductibles. co-pays and coverage details may vary from plan to plan.)

The city offers continuation of coverage. free of charge. for you and your dependents for a period of up to
twelve (12) weeks during an unpaid medical leave of absence pursuant to the Federal Family Medical Leave
Act. A premium is required for continuation of coverage for up to eighteen ( 18) months if you leave the
employ of the city, are laid off. are granted an unpaid non-medical leave of absence, or a medical leave of
absence that extends beyond twelve (12) weeks. or if your spouse or children lose dependent status. Further
details are available in the Finance Department.

 The City of Muskegon offers to pennanent, full-time employees a dental insurance plan. The plan is self-
 funded by the city and offers benefits for preventive, routine, and major dental procedures as well as

 Complete details of the plans {see the Dental Plan Booklet) and claim fonns are available in the Finance

                                                  LIFE INSURANCE

                                               BASIC LIFE INSURANCE:

Full-time, pennanent employees are covered by a basic tenn life insurance policy in an amount equal to the
employee's base annual earnings rounded to the next higher $500.00, to a maximum of$65,000. In the event
you are fully disabled, the city provides Life Insurance, at no cost to you, to age 70.


Full-time, pennanent employees are covered for an amount of Accidental Death and Dismemberment
Coverage equal to that provided under the Basic Life Insurance Coverage. Coverage will tenninate upon
attainment of age 70, or upon retirement. Whichever comes first.

                                                VISION INSURANCE

Full-time, pennanent employees are covered by a vision policy. Particulars of the policy are available in the
Finance Office.

                                      FLEXIBLE SPENDING ACCOUNTS

Employees may choose to set aside a portion of their income for family-related medical and care needs. Rules
governing flexible spending accounts are available in the Finance Office.

                                   LONG TERM DISABILITY COVERAGE

Full-time, pennanent employees are covered by a long term disability policy. The policy benefit is designed to
approximate 60% of basic monthly earnings (minus other income benefits) with a 90 day elimination (waiting)

                                         DEFERRED COMPENSATION

Employees may defer up to 25% (to a maximum of $7,500) of annual income into the city's deferred
compensation plan. Amounts deferred are not subject to federal or state income tax until withdrawal, and may
be placed into a variety of investment accounts. Accumulated contributions and earnings are paid out in a
variety of options upon retirement and are withdrawal for reasons other than retirement. There is no city
contribution to the plan.

The city deferred compensation plan is administered through two separate service providers: ICMA
Retirement Corporation and Hartford Insurance. The two programs are different in tenns of investment
options, client services, and other factors.

Employees may choose to belong to one or both programs; however, compensation deferred may not exceed
the limits noted above.


    Toe City of Muskegon encourages its employees to sharpen and broaden their employment and personal skills.
    Toe city provides on-the-job training and development activities as needed. A professional development
    program (see the this handbook) has been put in place that encourages to their work assignments. Please
    consult your department head or the Civil Service Director regarding training and development opporrunities.

                                      EMPLOYEE RECOGNITION PROGRAM

    The purpose of the program is to honor city employees for their dedication and contribution of long service.
    Many men and women have been with the city for more than a quarter century and continue to make
    substantial contributions to the city's growth and progress. Toe Employee Recognition award is a way of
    saying "Thank You" for years of valued efforts.

                                       CORPORA TE MEMBERSHIP - YFCA

 City of Muskegon employees may enjoy the benefit of a Corporate Membership at the "Y". This results in a
 15 percent discount on annual membership fees. A listing of fees and member benefits is available through the
 YFCA Membership Relations Coordinator, 722-9322.

                                      EMPLOYEE ASSISTANCE PROGRAM

 When you can't fmd the way to handle a problem, when it affects your work or home life, the Employee
 Assistance Program (EAP) can give you the help you need. The EAP is designed to provide professional
 assistance for personal and professional problems to employees of the City of Muskegon and their families.
 The program is completely confidential and located away from the work place. Any employee or family
 member can contact the program free of charge, (first two visits are free). Contact your supervisor, union
 representative, or the Civil Service office for more details.

                                                 SA VIN GS BONDS

The purchase of savings bonds is possible through payroll deduction. The convenience of this service is
offered through the Finance Department. Savings bonds may be purchased in many denominations staning at
$ JOO. Employees may pick up an enrollment form from that office. In deciding the amount you wish to allot
each pay period, please consider choosing an amount in $5 increments such as; $5, $10, $15, $20, etc., ($5
minimum, please). This will facilitate processing and make your record keeping easier.

You may choose from three fonns of registration, depending on your needs;

•          Single ownership form, in the name of one person
•          Co•ownership form, with two persons as cowowners
•          Beneficiary form, with one person as owner and another as beneficiary.

Bonds are mailed directly from the bank of issue to your home. Please inform the Finance Department if you
have any problems or experience a change of address.

                                                 CREDIT UNION

Now that you are a governmental employee, you and your family are eligible to join the Muskegon
Governmental Employees Federal Credit Union, 65 West Laketon Avenue, Muskegon, MI 49441, Telephone

                                                DIRECT DEPOSIT

Employees may have their pay checks direct deposited to any bank or financial institution that suppons the
service. Please contact the Finance Office for details.

 The City of Muskegon supports two separate pension plans, one for general employees and another for police
 and fire employees. These plans were developed to assist you in enjoying your retirement life. Should
 employment terminate prior to retirement, pension payments may be paid to individuals according to the
 formula contained in each plan. Your pension is intended to supplement other sources of retirement income.

 As a non-represented employee, you are a member of the general employees' retirement plan. During your
 employment with the city, you will be expected to contribute to the pension plan in accordance with the
 following; 3 percent of the first $4,200. All permanent full-time employees are required to be members in the
 pension plan. Membership ceases upon withdrawal of contributions. Non-represented members are vested at
 five (5) years.

 HOW IS MY VESTED SERVICE COUNTED? Pension plans are defined benefit plans, which means you
 will be paid a pension determined from a formula which takes into account years of service with the city, final
 average compensation, and certain other factors. Please refer to the Pension Ordinance for more information.
 This is all of your service from the most recent day you were hired. Service is credited to the nearest 1/12
 year. Credited service continues to accumulate during holidays, vacations,jury duty, bereavement leave, and
 absences covered by Worker's Compensation. Credited service does not accumulate for leaves of absence
 which are unpaid. Minimum retirement qualifications are as follows;

•         Attain age sixty (60) or more with ten(] 0) or more years of credited service.
•         Attain age fifty-five (55) or more with thirty (30) or more years of credited service.

                                          RETIREMENT HEAL TH BENEFITS

Upon retirement, retirees, spouses and dependents may be entitled to certain health insurance benefits. Prior to
retirement, the employee should meet with representatives of the Finance Office to review the specific health
insurance benefits available. Nothing in this manual does, nor is intended to, create a contractual obligation
on behalf of the city. The city reserves the right to modify, or terminate, at any time, with or without notice,
post-retirement health insurance benefits for individuals who will or already have retired.


The written material contained in this handbook is made available for your information. The City of
Muskegon reserves the right to modify or update the information in this handbook in whole or in part at any
time. The language contained in this handbook does not create, nor should it be interpreted as a contract
between the City of Muskegon and any employee or group of employees.

                                               OF FINAL NOTE;

You, as an employee of the City of Muskegon, are the most important resource of the Muskegon City
organization. Your active participation is expected. encouraged, and appreciated. A valuable, rewarding
career awaits you should you decide to seek the opportunity for employment and advancement. The city
organization is committed to high quality government service and facilities through a similar commitment of
fairness and equality to its employees and their families. Your similar commitment to the city organization is
necessary to reach these lofty goals and mission.

                                                Bryon L. Mazade
                                                 City Manager



                                         CITY OF MUSKEGON
                                  EQUAL EMPLOYMENT OPPORTUNITY/
                                     AFFIRMATIVE ACTION PLAN

                                              PLAN STATEMENT

    WHEREAS, the City of Muskegon has provided for a section in the plan prohibiting discrimination of
                         minorities and females in the city's workforce, and

  WHEREAS, it will be the policy of the City of Muskegon to provide equal employment opportunity in its
workforce on the basis of merit and without discrimination because of race, color, religion, sex, national origin,
                        age, disability. Weight, height, veterans, or marital status, and

 WHEREAS, the City of Muskegon desires to strengthen its present plan and eliminate any and all barriers
which may exist in order to fully assure equal employment opportunity to all persons regardless of race, color,
          religion, sex, national origin, age, disability, weight, height, veterans, or marital status.

 NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon does hereby adopt this plan to ensure
 equal opportunity in employment for all persons, and prohibit discrimination in employment because ofrace,
color, religion, sex, national origin, age, disability, weight, height, veter4ans, or marital status, and to promote
the full realization of equal employment opportunity through a continuing intensive Affmnative Actions Plan
                                   in each department of the City of Muskegon.

BE IT FURTHER RESOLVED, That the City of Muskegon, as evidence of its intent to comply with policies
and procedures necessary for effective, uniform, and judicious enforcement of equal employment opportunity
                                 standards, hereby adopt the attached plan.

                 Adopted by the Equal Opportunity Committee on:              November 24, 1992

                  Adopted by the Civil Service Commission on.                November 24, 1992

                  Adopted by the City Commission on:                         November 24, 1992
                                             CITY OF MUSKEGON

                                                 EEO/AA PLAN

                                      CITY OF MUSKEGON, MICHIGAN


The City of Muskegon, through the endorsement of this policy by the City Commission, continues to recognize
the increased strength of Muskegon is derived from the Affirmative Action And Equal Employment
opportunities for all recruitments and employees of the City's workforce. In recognition of the importance of
human resources to City government and society at large, the City Commission, administrators, and employees
emphasize publicly the importance of working together to improve opportunities for all individuals who desire
to participate in a positive, progressive city. The city endorses and embraces its multi-ethnic heritage and will
promote positive community change by adding value to individuals and citizen groups who are willing to
cooperate with the city for employment and economic development opportunities in the City of Muskegon.

As the City of Muskegon follows the lead of many premier corporations and city governments who have come
to recognize the value of diversity, and has concluded that a multi-ethnic workforce helps to foster a better
working relationship with the community.

In addilion, the City of Muskegon is willing to act responsibly by helping promote positive changes and values
to the City's Affirmative Action Program by developing job opportunities through economic development by
participating with private businesses who receive contracts and tax abatements from the city.

Diversity often is perceived as a liability. not an asset; a weakness, not a strength; but as we move through a
changing world, we can no longer ignore diversity in the workplace or in the community. Ifwe are going to
communicate the city's policies for change, the city must confront an ever-increasing diversity and bring
together community leaders to help solve problems and minimize strife as urban areas undergo change.
Citizen participation can foster long-term benefits related to the enrichment of community life.

As with most issues. leadership is key. Government leaders. both elected and appointed. must recognize
diversity as a challenge and respond positively to the challenges as we become role models for residents and
the business community.

Properly implemented. this Affmnative Action Program offers a sound. logical approach to the types of
identification methods needed to provide a successful results-oriented program. It is not, by any stretch of the
imagination. the answer to all problems, nor should it be construed as such. This is a working document, and
as such, is subject to revision as a result of constant monitoring for measurement of applicability and
assessment of overall effectiveness.

In any event, we must all make affinnative action a priority in our everyday work environment. As a priority,
we must all strive towards the ultimate goal of managing facilities and all available resources to improve
recruitment, employment. development and promotional opportunities for racial minorities, women, and the


The City of Muskegon establishes this Equal Employment Opportunity/Affinnative Action Plan in accordance
with the lows, rules, regulations, and guidelines of the various federal, state, and local agencies having
oversight of Equal Employment Opportunity/Affinnative Action arena.

This plan provides further assurance of the full implementation of the city's policies on Equal Employment
Opportunity (EEO), the goal of which is equal opportunity for an individual for full enjoyment on the tenns,
conditions, and benefits of employment, regardless of race, color, religion, age, sex, marital status, national
origin, disability, weight, height, or veteran status. This plan also sets forth the city's commitment to
affinnatively provide employment opportunities for racial minorities, women, and the disabled.


                                                PLAN PERIOD

The Equal Employment Opportunity/Affirmative Action Plan as presented herein is for the period October I,
1992 through September 30, 2002. The plan represents an ongoing commitment to the policies set forth. The
plan will be reviewed and amended as needed by the Equal Opportunity Committee, the City Commission, and
the Civil Service Commission.



Implementation of this plan is the responsibility of every officer and employee of the City as coordinated by
the City Manager. Department heads shall report directly to the City Manager regarding their supervisory and
employee workforce. All officers and employees shall affinnatively act


                                         DISSEMINATION OF PLAN

Upon adoption of this plan, the City Manager shall issue an inter-office memorandum to all department heads,
supervisory staff, and employees reiterating the City's policy on equal employment opportunity and
affirmative action. This plan shall be provided to unions representing the workforce of the City of Muskegon
and committees, commissions, boards and authorities of the City. Copies of this plan will be made available to
new employees, officers and appointees upon employment, appointment with the City.

The Affirmative Action Director shall carry on consistent and continued informal and formal communications
of this plan to all employees and prospective employees with special emphasis on communication with
department heads and supervisory personnel. Upon adoption of this plan, a copy shall be placed in every
department of the City.

Attached to and made part of this plan, are lists of agencies and organizations to whom the city's job vacancies
will be posted. (see Appendix A). These lists will be updated periodically by the Civil Service Department.
The Affirmative Action Director shall make every effort to ensure that information about job vacancies reaches
the appropriate people in such groups or agencies so that an information network is established and becomes a
part of this plan.

                                ELIMINATION OF EMPLOYMENT BARRIERS

 The city shall broaden its recruinnent base in searching for applicants for jobs which require a college degree
 or special skills. Advertisements shall appear io state and local publications which reach out to minorities and
 females. Contact shall be made with other equal employment opportunity officers who recruit minorities and
 females from colleges and agencies outside the area.

 The city, when recruiting for any jobs which may or may not require a college degree, will contact minority
 and female organizations to assure them that the city is interested in meeting its obligations under this plan, and
 request their support in meeting the city's plan goals. The city, when recruiting, will also make special efforts
 to contact agencies working with the veterans and the disabled.


                                      RECRUITMENT AND SELECTION


             This section of the plan sets forth action required concerning recruitment and selection.

                                     CHANGING EXISTING PRACTICES

It is recognized that some citizens view the city as a "closed shop" which is uninterested in outside applications
and is merely going through the motions of job announcements and advertising. As a result, the city will make
special efforts to encourage protected class members to apply for job openings. These outreach efforts will
include notifying and working through community leaders and minority and women's organizations. This
system will be monitored by compiling semi-annual reports on the numberof requests to fill any job vacancy
in the city's present workforce or any new jobs in the future which will increase the city's present workforce.

Job descriptions and minimum requirements will be reviewed periodically for accuracy. Qualifications will
bot be used to screen out minority and female applicants. The city, as part of this plan, will update all job
descriptions and minimum qualifications to ensure that they are related to the duties and requirements of
successful job performance.

The Equal Opportunity Committee will encourage racial minorities, women, and the disabled to apply for any
new and vacant positions in the city's workforce.

Historically the city experienced difficulty identifying sufficient numbers of minority, female, and agencies,
procedures and resources, will be utilized in future attempts to identify such candidates.
The following agencies, procedures and resources, will be utilized in future attempts to identify such

I.      Outreach and Recruitment - to identify potential applicants.
2.      Referral and Follow-Up- Urban League, M.E.G.A., County's Department and Training Prograns and
        other resources as outlined in Appendix (A).
3.      Special Orientation for job opportunities. Training requirements needed for greater opportunities to
        secure a position on Civil Service eligibility lists.
4.      Referrals by community based organizations for employment opportunities - for applicants who need
        directions and support for job opportunities in the city's workforce.
5.      In-Depth Assessment - for applicants who may, for employment purposes, be referred to companies
        enjoying tax abatements from the City of Muskegon and other businesses.

                                          SELECTION AND PLACEMENT

 Cenification of applicants for employment is the responsibility of the Civil Service Commission. Selection be
 made by the department head, who shall, before implementing hiring, file a repon with the City Manager
 listing all eligible cenified candidates, and identifying candidates from under-utilized minority, female, or
 disabled groups, indicating whether or not the same are to be selected, and stating the specific basis used in
 making the selection for hire. The repon shall demonstrate that no selection was made in which race, color,
 sex, religion, age, national origin, weight, height, disability, marital or veteran status was a motivating factor.
 The department head's selection shall be reviewed to ensure that the selection was made with regard to the
 standards set fonh in this paragraph, and if the City Manager disapproves the selection because it was not, a
 new selection and repon shall be made fonhwith.

 All hiring standards used for selection, such as tests, evaluations, and interviews, shall be applied, and
 selections for employment made, without regard to race, color, sex, religion, age, national origin, weight,
 height, disability, marital or veteran status.

The Muskegon City Chaner requires employment selection for open, competitive appointments from among
those three candidates standing highest on the Civil Service eligibility list for the vacant classification.
Historically, the top three candidates on all but clerical eligibility lists tended to be white males. Many Civil
Service rule changes have been adopted recently in an attempt to administer this "rule of three". Continued
diligence will be required to establish eligibility lists which more closely reflect the presence of under-utilized
minorities, women, and the disabled in the relevant labor markets.



Training is necessary to achieve the goals contained in this plan. Development and career advancement
training opportunities must be equally available to all members of the workforce to ensure equal opportunities
for success and career advancement.

It is recognized that there will be regular follow-up programs to reaffirm the city's commitment to affirmative
action. Department heads and supervisors will be provided with training which will prepare them to manage a
more diverse work force and carry out their responsibilities under this plan.


                                     PENAL TIES FOR NON-COMPLIANCE

The penalty (or penalties) for interfering with a person's rights under this plan may include discipline (up to
and including discharge) in addition to such penalty (or penalties) which may be imposed under Federal and
State Statutes granting the authority for this plan.

                               AMERICAN INDIAN OR ALASKAN NATIVE:

Persons having origins in any of the original peoples of North America, and who maintain cultural
identification through tribal affiliation or community recognition.

                                      ASIAN OR PACIFIC ISLANDER:

Persons having origins in any of the original peoples of the Far East, Southeast Asia, and the Indian
Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine
Islands, and Samoa.

                           AFRICAN AMERICAN, NOT OF HISPANIC ORIGIN:

Persons having origins in any of the Black racial groups of Africa.


Any person who has a physical or mental impairment which substantially limits one or more major life
activities, has a record of such impairment, or is regarded as having such an impainnent.


Persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin,
regardless of race.

                                            PROTECTED GROUP;

Minorities (Black, Hispanic, American Indian, Alaskan Native, and Asian. Pacific Islander), women and age as
covered by State and Federal legislation.

                                   WHITE, NOT OF HISPANIC ORIGIN:

Persons having origins in any of the original peoples of Europe, North America, or the Middle East.

                                           CITY OF MUSKEGON


The City of Muskegon supports and encourages the development of employee knowledge, skills. ,and abilities.
To that end the City will provide training and development opportunities in keeping with the following;

I.      Training and development activities designed to have organizational impact will be coordinated
        through the City's Administrative Services Division. Funding for such activities will be centralized as
        much as possible and disbursed according to an overall organizational training and development plan.
        Training and development activities designed to enhance the knowledge, skills, and abilities of
        individual employees will be planned and budgeted according to department needs and available
                                              EDUCATION AND TRAINING:

      If an individual employee attends an approved conference, seminar, symposium, or other training and/or
      development activity, the cost of the activity, including registration, travel, lodging, meals, and appropriate
      incidental costs will be borne by the departtnent according to need and available resources. Reimbursement for
      out-of-pocket expenses for such costs shall be limited to actual costs. In the event an employee must use
      his/her personal vehicle in order to attend a training/development activity, the cost ofreimbursement shall be
      limited to mileage reimbursement equal to the city's mileage reimbursement policy in effect at the time.

                                           PROFESSIONAL DEVELOPMENT:

     If an individual employee seeks reimbursement of cost for continuing education (the pursuit, normally during
     the employee's off-work hours, of an undergraduate or graduate degree, or specialized certification or
     licensure, or an advance course), reimbursement will be limited to the cost of tuition or registration and
     required textbooks (no other costs are subject to reimbursement) limited by available resources. To be eligible
     for reimbursement, continuing education activities must be reasonably related to the employee's work
     assignment and show promise of enhancing the employee's knowledge, skills, and abilities related to that work
     assignment. Reimbursement requires departtnent head approval prior to registration enrollment and the
     issuance of an official notice of satisfactory completion of the class, course, or other activity.

 Employees who receive reimbursement for continuing education activities shall forfeit 100 percent of the
 reimbursement in the event the employee leaves the employ of the city within 6 months of the reimbursement
 date. Said forfeiture shall be equal to 50 percent of the reimbursement in the event the employee leaves the
 employ of the city after six months but within one year of the reimbursement date.
 Reimbursement for Professional Development activities may not exceed $500 per employee in any given
 budget year.



                                                 DRUG & ALCOHOL



The use of which we consider unacceptable in our business environment

 I.          Amphetamines: (Cutoff level of 1.000 NG/ml)

             a.         Amphetamme confirmatory level of500 NG/ml
             b.         Methamphetamine confirmatory testing levels of 500 NG/ml

             Cocaine;           (Cutoff level of 300 NG/ml)

            a.          Metabolite confirmatory levels of 150 NG/ml
            b.          Benzoylecgonine

3.          Marijuana;          (Cutoff level of 50 NG/ml)

            a.       Metabolite Confirmatory level of 15 NG/ml)
            b.       Delta-9-tetrahydrocannabinol
    4.    Opiates; (cutoff level of 300* NG/ml)

          a.         25 NG/ml if immunossay specific for free morphine
          b.         Morphine confirmatory levels of 300 NG/ml
          c.         Codeine confmnatory levels of 300NG/ml

 5.       Phencyclidine;      (Cutoff level of25NG/ml)

          a.         Metabolite confirmatory level of25 NG/ml

 6.       Test Use;         Any urine specimens collected may only be used to test for controlled substances
 designated or approved for testing and shall not be used to conduct any other analysis or test unless otherwise
 specifically authorized by FHWA regulations. Always, the Chain of Custody will show the test required,

 a.        Split Samples: The specimen collected must consist of not less than 45 milliliters of urine, 30 of
 which are poured into a container for initial testing and 15 ml of which will be poured into a second container
 for storage by the testing laboratory for not less than 60 days from receipt of both specimens by the lab.
 b.       The split sample confmns contested positive test results if the primary sample shows a positive test
 result. The split sample will result in a negative report if it overturns a previously reported positive test.

          b.        Further, our program does not prohibit procedures incidental to an analysis of the specimen
                    for controlled substances.

C         ALCOHOLIC BEVERAGES:               The use of alcoholic beverages by employees affects safe and
efficient operations. No employee will use or possess alcoholic beverages during working hours. Further, no
employee shall report to work while under the influence of alcoholic beverages, displaying the effects of
having used alcohol, or within four (4) hours of having used alcohol.

     3        49 CFR. Part 40, S 40.29(e)   5. 49 CFR, Part 40, S40.25(B) (1)   7.           49CFR, S3 82.207
                          4        49 CFR, S391.93               6. 49 CFR, S382.205

I.       The odor of alcohol on any employees breath is reason enough for us to believe that the employee
         has used and may be under the influence of alcohol. Any employee who engages in such conduct
         may be subject to discipline, up to and including immediate termination. Termination action, under
         these administrative regulations will be initiated when:

         a.         An employee refuses to submit to a required preliminary breath test (PBT) or any other
                    DOT-approved test to measure the extent and level of alcohol within a worker's body.
         b.         An employee tests above .04 percent Breath Alcohol Level (BAL) and refuses assessment or
                    fails to complete the treatment plan prescribed by the assessment professional.
         c.         Tests above .07 percent (BAL) while reporting for duty, while on dudry, or within eight (8)
                    hours following a reportable accident.


All employees will notify the City of Muskegon of any criminal drug statute conviction.


Likewise, any and all employees will notify the City of Muskegon of any civil or criminal driving conviction
resulting from an arrest for impaired driving or operating under the influence moving violation or related
     I.      The employee must notify their immediate supervisor, in writing, of any such conviction for drug or
    alcohol within twenty-four (24) hours of the conviction. The immediate supervisor will report the incident to
    the Director of Personnel of the City of Muskegon. Such convictions include:

                       . a.       refusal to submit to chemical test (Michigan Implied Consent Law).
                         b.       Operating with an unlawful blood alcohol level (UBAL) of .IO percent or more
                         c.       Operating under the influence ofliquor (OUIL)
                         d.       Operating under the influence of drugs (QUID)
                        e.        Operating while impaired (OW) by alcohol and/or other drugs.

 2.            This provision also requires each employee to notify the City of Muskegon, in writing, within twenty-
               four hours or by the end of the next business day of any such action involving;

                        a.        any license suspension or revocation
                        b.        any cancellation, lost privilege or disqualification.

                                            F        AMNESTY AGREEMENT:

 It is not the intent of the City of Muskegon to cause undue hardships, prolong suffering caused by addiction or
 dependence to controlled substances or alcohol, or invoke unreasonable disciplinary action. We are urging any
 of our employees who may have a problem to come forward can expect

 I.            Complete and total confidentiality, and
 2.            Prompt Referrals to certified and licensed substance abuse professionals capable of:

               a.       Providing accurate and clinically sound assessments.
               b.       Referrals to licensed and experienced employee assistance providers, and

 3.            Reasonable expectations of return to duty provided:

            a.         All terms and conditions of any treatment plan are fully met, and
            b.         The employee is capable of holding a current license allowing them to retain employment in
                       that classification, and
            c.         Is not medically disqualified from operating any commercial motor vehicle (CMV).

4.         Anv Emplovee failing to meet any of the stipulations contained in the preceding paragraph can expect
           appropriate levels of discipiinary action up0 to and including termination of employment.
5.         Emplovees Failine to come forward under this LAST CHANCE agreement and who are found to have
           a positive test under the provisions of Part III (following) of these regulations can expect to be
           subjected to the appropriate levels of discipline.

                                    III.        DRUG AND ALCOHOL SCREENING;

All substance testing will be done by a reliable hospital or independent laboratory using qualified and trained
medical technicians or professionals.

A.         EMPLOYEES will be transported to and from the collection site in all cases involving reasonable
           suspicion, cause or post accident testing.

           I.          The employee· s department head will make final determination whether to suspend
                       employees or not, and/or not, and/or with or without pay.
                       Should the tests prove negative, the employee will be returned to work without discipline or
                       loss of pay. Positive testing of drug or alcohol use or abuse or refusal to submit to this
                       testing can be grounds for discipline up to and including tennination.

B          OFF DUTY ALCOHOL USE; No city employee engaged in operating a commercial motor vehicle
will consume any alcoholic beverage within four (4) hours of expected starting time or beginning a safety~
sensitive function.
             I.    Any employee called to work and having consumed alcohol within the four (4) hour period
                   will advise their supervisor or dispatcher they are unable to report for work.
          2.       Breath alcohol level of .02 to .04 percent; Federal Motor Carrier Safety Regulation
                   (FMCSR) 392.5 A person, whether licensed or not, whose breath contains .02 percent or
                   more but less than .04 percent by weight of alcohol shall not operate a commercial motor
                   vehicle within

The State of Michigan. Any operator found operating a commercial motor vehicle in this condition is subject
to suspension up to and including termination.

          a.       Any vehicle or equipment being operated by an employee testing positive for alcohol use to
                   these levels will be shut down, locked, secured, or otherwise locked-out and tagged-out until
                   a designated representative of the city can retrieve the vehicle and/or equipment.
          b.       Any employee found to have violated the mandatory twenty-four (24) hour stand down order
                   will be considered violation these regulations and appropriate disciplinary action en be taken.
         c.        Any employees who operate a publicly-owned commercial motor vehicle violating law
                   enforcement imposed out-of-service order may be guilty of a misdemeanor and may have
                   their CDL suspended for one (I) year. Such an action would disqualify that employee from
                   continued employment as a driver.
         d.        Any employee refusing to submit to a Preliminary Breath Test (PBT)for cause or whose
                   Breath alcohol level measures .02 percent or more but less than .04 percent as measured by a
                   PBT and confirmed by an Evidential Breath Test (EBT) will be suspended for 24 hours.

                  The employee who refuses to submit to PBT or EBT and was operating a commercial motor
                  vehicle will be considered to have a BAL. of above .04 percent and is medically disqualified
                  from operating a commercial motor vehicle until they can successfully pass a chemical
                  analysis of breath and submit to an assessment by a licensed substance abuse professional.
                  (I) Under the terms of 49CFR, part 382 subpart A, 3 82211, No employer shall allow a driver
                  who refuses to submit to a required alcohol or controlled substance test to perform or
                  continue to do safety-sensitive functions.

                           IV.        EMPLOYMENT CONSIDERATION TESTING

All regulated (safety-sensitive) applicants must submit to and pass a urine drug screening test to be considered
for employment.

A        POST-OFFER CANDIDATES:               All other job candidates, if appropriate, will submit to, and pass a
urine drug screen.

         I.       An applicant who has received a firm job offer is cautioned against giving notice at their
                  current position, selling real estate, or incurring other cost associated with accepting
                  employment with the City of Muskegon until drug screening testing clearance has been
                  received. Under no circumstances should a new employee report for work until clearance is
                  received by the city.
        2.        1f an applicant protests a positive urine drug test screening result, the city may exercise its
                  discretion to allow the applicant to submit the split sample portion of the original specimen,
                  immediately and without prior notice, for testing. An applicant who refuses screening will
                  be denied any further consideration.

                                 IO     49 CFR, Part 382, Subpart C, S382.302
              3.       If the split-sample urine drug screen test is requested, the applicant will pay for the test. If
                       the split sample test is reported as a negative, the employee will be reimbursed for the cost of
                       the split sample test. If the split sample test's results overturn a first test positive, the test
                       will be placed in the employee's dtivers or personnel file and a copy provided to the
                       employee or applicant.                                                         ·

                           V.       REASONABLE SUSPICION OR FOR CAUSE JESTING

Any employee whose performance suggests that they are unfit for duty and are possibly using or abusing drugs
or alcohol will be subject to a drug or alcohol screening test.

A        REASONABLE SUSPICION:                 For the purposes of our regulations, the term "reasonable
suspicion" applies to only testing for controlled substances. The term, "reasonable cause", applies to testing
for consumption and use of alcohol.

B         JUSTIFICATION OF REASONABLE SUSPICION TESTING:                          A trained supervisor may
insist on a reasonable suspicion drug or reasonable cause alcohol test any time he or she has a valid and
supportable reason to believe that the employee's actions, behavior, appearance or symptoms suggest the use
or abuse or illegal or unauthorized drugs and/or alcohol. The trained supervisor must document incidents of
reasonable suspicion (for cause) and the justification should include two or more of the indicators contained on
the Supervisor's incident.

Report (AD- I 02) and as outlined in Paragraph C of this section except reportable accidents.

                      A trained supervisor is one who has received not less than 60 minutes of initial training in
                      detecting the signs and symptoms of drug use and 60 minutes in detecting the signs and
                      symptoms of alcohol use and abuse.
          2           Where possible and practicable, the supervisor making the initial observation shall enlist the
                      assistance of another trained supervisor to confirm their observations within the expectation
                      of employee privacy and confidentiality.

                      a.        In cases where it is not possible to obtain eyewimess support, the supervisor may
                                obtain telephonic or electronic confirmation of his or her observations.

C        DRUG OR ALCOHOL SCREENING TESTS·                       Approved tests will be required of a specific
employee, or group of employees, anytime the city, based upon the observations of a trained supervisor, thinks
that such testing may be appropriate, including, but not limited to the following

                      Employee absenteeism or tardiness
          2           Accident investigation
          3           Unexplained deterioration of individual job performance ·
          4           A significant change in the individual's personality

     11            S382.307          12      49 CFR, Pan 382, Subpart C, S382.307 and Subpart F, S382.603
                                            13     S382.307 (a) (b) (c) (d)
            5           Report that an individual employee, or groups of employees, have been using drugs or
                        alcohol violating this policy.
            6           Admission regarding the employee's use of drugs or alcohol.
            7           Unexplained absences from the normal workplace when there is reason to suspect drug or
                        alcohol-related activity violating this policy.
            8           Smell or odor suggesting the presence of drugs or alcohol.
            9           Behavior suggesting the employee is under the influence of drugs or alcohol.
            IO          Safety violation including injuries.

                                         VI       POST-ACCIDENT TESTING;

Any employee involved in a reportable vehicle accident while operating any vehicle owned or operated by the
City of Muskegon may be required to submit to a urine drug screen or Evidential Breath Test. By definition,
the City of Muskegon considers an accident reportable when;

A           Accident:           An accident resulted in personal injury requiring medical attention, or

B           Citation:           An employee was cited by an investigating law enforcement agency, or

C           Any vehicle or heavy equipment involved in the accident is unable to be driven from the scene under
its own power.

                                   VII        RANDOM AND PERIODIC SELECION;

                                                      CDL's only

A        Random Selection:          All CDL employees will be included in casual selections of employees to
undergo unannounced urine drug screens and alcohol tests. Such casual selections are called random tests and
selection will be conducted from a pool of eligible workers employed by the city. Selection will be based

          Regulated Selection:       A casual or random draw of the selected employees from a pool containing
the last four digits of employee social security members of all regulated employees.

A        Random Drug Tests will equal not less than 50 percent of all employees listed within the pool in a
calendar year.
B        Random Alcohol Tests will equal not less than 25 percent of all employees listed within the pool for
at least the first year of operation.
C          Random alcohol test may be selected from those to participate in the drug screen random selection

14      S382.303           IS            City of Muskegon Work Rule       16          49 CFR, Part 382, Subpart C,
  S382.303 (a) (2) and (b) (2)             I7       City of Muskegon Work Rule          18      S382.305(e)(f)
                                                 19       S382.305 (g)
(i)          Each employee within the pool has an equal chance of being selected for either or both test.
(ii)        If industry wide positive levels exceed more than one (I) percent for two years running, the random
            alcohol testing rate will increase to fifty (50) percent.
(iii)       If industry wide levels fall below one (]) percent positives for two years running, the random alcohol
            rate wiU fall to ten (] 0) percent.


For the purposes of these regulations, any employee will be considered to have failed (with a positive test
result) any administered urine drug screen if, after analysis, test levels exceed the established cut-off levels and
show the use of a controlled substance included in Schedule I or II as defined by S802 (6) of Title 21 of the
United States Code (Section S802 (6) of title 21, Food & Drugs): The possession of which is unlawful under
Chapter 13 of that title (SSO I et seq. Of Title 21 ). The term illegal drug does not mean the use of a controlled
substance pursuant to a valid prescription of other uses authorized by law. Valid prescriptions used following
the physician's instructions must be recorded and treated as negative test results.

                                              IX       CONFIDENTIALITY

 All actions taken by the City of Muskegon under the authority of these regulations will be taken to insure the
 confidentiality of the employees. Information related to investigations, possible employee violations, or drug
         or alcohol screening test results will be made available only on a strict "need-to-know" basis.

        A              NEED-TO-KNOW:           For the purposes of our regulations, "need-to-know" is limited to:

                  I.       Auditors or Enforcement Officials of the U.S. Department of Transportation, Michigan
                            Department of Transportation, Motor Carrier Division of the Michigan State Police, or
                             2.       The Regulation Administrator's principal, Specialists Limited, or
            3.           The Appropriate level of Management of the Personnel Department of the City of Muskegon,
                                           the City Manager and appropriate department head, or
             4.           The Medical Review Officer (MRO) responsible for interpreting the results of a urine drug
                                                                 screen, or
             <            The Substance Abuse Professional (SAP) responsible for learning the extent and degree_of
                            addiction or dependance on alcohol and drug resulting from a positive alcohol EBT.

B         CONFIDENTIAL DISCUSSIONS:All discussions with employees will be conducted as privately as
    circumstances permit. The employee may exercise his rights under the terms of the collective bargaining
agreement to have his or her union representative present if they so desire. The union representative is bound
by same rules of confidentiality as those with a need-to-know as shown in graph A., parts I through 7 (above)

                                     20       49 CFR, Part 382, Subpart D. S382.40 I
                                            X        SUSPENSIONS

Any employee, support person, supervisor, or administrator who is sent for a illegal drug or alcohol test, may
be suspended immediately (with pay). However, once a test is positive, then appropriate actions will be taken.
Successful completion of a voluntary, supervised substance abuse treattnent or rehabilitation program will
reduce the level of disciplinary action for first time offenders.

A        POSITIVE TEST RESULTS;               If, first positive test with rehabilitation, there will be no
termination; second positive within 18 months may terminate; second positive after 2 years, there will be no
termination; third positive any time, will constitute termination.

                                      XI        EMPLOYEE ASSISTANCE

The City of Muskegon actively supports the employee Assistance concept. This program openly promotes the
treattnent of employees suffering from addiction or abuse problems. As a matter of policy, we provide our
employees, support personnel, supervisors and administrators with information regularly. This information
will include dangers of abuse, awareness, community and professional efforts and community or private
treattnent availability. We cannot, however, financially support an employee who voluntarily submits to
treattnent beyond the benefits normally provided by virtue of our existing health care program, medical
insurance or employee assistance program.

A       SUBSTANCE ABUSE ASSESSMENTS; Employees testing positively for alcohol use following
an Evidential Breath test will be afforded the opportunity to undergo an assessment by a licensed and certified
Substance Abuse Professional. The SAP will be trained at minimum to the level of MSW (Masters of Social
Work) and preferably be a Clinical Psychologist.

B         THE SUBSTANCE ABUSE PROFESSIONAL                     (SAP) may prescribe a treatment or
rehabilitation program for a positive tested employee following the initial assessment.

         1.        a positively tested employee refusing assessment may be tenninated from continuing
                   employment.                                              ·
        2.         A positively tested employee failing to complete the prescribed treattnent plan may be
                   terminated from conti8nuing employment.
         3.        A positively tested employee testing positive following treattnent may be terminated from
                   continuing employment.
        4.         Frequently, assessments to find an employee's level of addiction or dependency is covered
                   by our existing health care benefit package and we encourage our employees to seek out
                   assistance whenever and wherever possible.
        5.         The Substance Abuse Professional may not refer the driver to the SAP's private practice.

              21        49 CFR, Part 382, Subpart E       22      49 CFR, Part 382, Subpart F
                               23       49 CFR, Part 382, Subpart F, S382.605
C        REFERRALS:         All of our employees are urged to contact our EAP provider in cases where;

         I.         they wish to refer themselves for treatment, or
         2.         treatment is recommended by their supervisor or official of the City of Muskegon, or
         3.         the employee's drug or alcohol tests result tin a positive indicator, or
         4.         they or members of their family show sighs of needing assistance or through intervention by
                    family members.

D         EMPLOYEE ASSISTANCE PROVIDER: Our Employee Assistance Provider is tentatively
identified as;

Child & Family Services
1352 Terrace
Telephone; (616) 726-3582

E      PAY DURING TREATMENT:                 Except where specifically authorized in our collective bargaining
agreement with the association or our existing benefit package, employees may not collect pay, unless they
have been authorized sick or vacation leave.


The City of Muskegon will attempt to. where possible, return a recovering employee to work. A recovering
employee is one who is currently participating in, or has successfully completed a supervised treatment or
rehabilitation program. A return to work is not a guarantee of an employee's previous position or
classification. Regulated employees who prove recovery may be reinstated provided our insurance carrier will
insure a driver in what capacity and the driver can be licensed according to state and federaJ law or regulation.

A        CONTROLLED SUBSTANCE RECOVERY TESTING:                           Employees recovering from a
controlled substance abuse or addiction will submit to unannounced urine drug screens at least six times in the
first 12 months following the driver's return to duty.

B        ALCOHOL RECOVERY TESTING:                       Employees recovering from alcohol abuse or addiction
will submit to unannounced evidential breath tests at least six times within the first years following return to

C       REGULA TJON REQUIREMENTS:                    The preceding return to work and follow-up testing
requirements are regulated by the U.S. Department ofTransportation, Federal Highway Administration under
49 CFR, Part 382. These regulations specifically address coverage of employees of local and state units of
government, and drivers operating intrastate and interstate.

               24      S382.605 (e)      25       49 CFR, Part 382, Subpart F, S382.605 (c) (2) (ii)
    26        S382.605 (c)(2)(ii)       27       Federal Resister. Vol. 59. No. 31, February 15, 1994, p.7486
                                          for the City of Muskegon

                                           CITY OF MUSKEGON

                               ACKNOWLEDGEMENT AND AGREEMENT

The City of Muskegon is a Drug-Free Workplace. Under the tenns of the Drug-Free Workplace Act and
accompanying federal regulations covering the qualification of drivers and other employees, we are required to
give you a copy of our policy;

Please read and sign below that;

             you have received a copy of our regulations, and
             you have read it and been informed of its contents, and
             you have had our regulations explained to you ,and
             you have had your questions regarding our regulations answered, and
             you agree to abide by our regulations in ail respects

PLEASE NOTE; The Federal Drug Free Workplace Act of 1988 requires you to acknowledge and agree to the

I acknowledge and agree that I am aware of and agree with the City of Muskegon, s current administrative
regulations regarding controlled substances and alcohol use. I also understand that, in some cases, and
employee may be tenninated for violations of this policy.

Acknowledged and Agreed;


                          Print your name here                                 Date

                                             City of Muskegon

                              28      49 CFR, Part 382, Subpart F. S382.60 (c)
                                               CITY OF MUSKEGON

                              DRUG TEST ADVISORY & ACKNOWLEGEMENT

 Instructions:      This form is to be used to advise the employee of an alcohol evidentiary breath test or the
 collection of a urine sample to conduct tests to determine the presence or absence of controlled substances.
 This form may only be used in conjunction with the organization's Anti-drug and Alcohol Abuse Policy and
 only under the conditions described therein. When completed, provide the employee with a copy to present of
 the collection facility and a copy for their own records, All information disclosed on this form is
 CONFIDENTIAL and must be treated accordingly. The city copy must be retained in the employee's medical
 file only. Please complete all sections of this form.

 Emplover           The employee indicated below is hereby notified that he or she is required to submit the
 indicated test(s) as required under the provisions of the Anti-drug and alcohol abuse personnel Policy of the
 City of Muskegon. Failure to report to the collection facility on a timely basis or refusal of submit to the test is
 considered an admission of a positive test result. Any employee refusing to take the indicted test; who is
 unjustifiably tardy or fails to report to the collection facility; or who knowingly tampers, alters, or
 misrepresents the specimen provided will be suspended without pay and/or benefits until such time as the city
 reviews the facts surrounding the case and makes a final determination.

 Under the terms and conditions of the Anti-drug and Alcohol Abuse Personnel Policy of the City of Muskegon,
 the employee is required to submit to:

         EVIDENTIARY BREATHALYZER TEST                                     NIDA-5 URINE DRUG SCREEN
to determine breath alcohol level                                 (DOT-mandated) to determine use
Must have printed results.                                        Of illegal substances

(DHHS-approved to determine use of additional substances

         CHEMICAL ANALYSIS OF BLOOD                                        5-PANEL DRUG URINE SCREEN
determine blood alcohol level-Printed                             (non-regula~ed employees)

for safety-sensitive or national defense employees only

Purpose: This test is required under the terms of our Anti-drug and alcohol Abuse Policy for the following

         PRE-EMPLOYMENT                                 RANDOM SELECTION
(regulated employee)

         POST ACCIDENT                                  RETURN-TO-WORK
(incident report Req'd)

         POST-JOB OFFER                                 REASONABLE SUSPICION
to reporting for work                          (incident report Req'd)

         POST-INJURY                                    FOLLOW-UP
9incident report Req' d)

Emplovee:          I have read and understand the Anti-drug and alcohol abuse personnel policy of the City of
Muskegon. I acknowledge and agree that the use of illegal, dangerous or controlled substances and/or alcohol
immediately before reporting to work or while working is in violation of this policy. I also agree that I am
subject to disciplinary action as described in our Anti-drug and Alcohol Abuse personnel policy if I test
positive for any of the substances described therein.
Further, I readily and voluntarily admit that I am taking, or have recently taken, the medications or substances
detailed below. I am providing the city with this information ofmy own free will so that the city may make a
determination if any of these medications or substances affect my ability to perform my job. In the event any
of the medications or substances render me unable to perform my job, I agree to limited or off-duty time until
such time as the medications or substance have cleared from my body.

Medication:                                  Date Taken
Medication:                                  Date Taken
Medication                                   Date Taken

I acknowledge that I am aware of the city's current policy that any employee can be terminated on any time for
any reason and that I too can terminate my employment with the city b at any time for any reason. I further
agree to hold the city, its agents, administrators, officers and employees harmless for any and all liability in
connection with the testing for drugs and/or alcohol.

  Employee Name (print)                Employee Signarure                  Social Security Number       Date

   City Official's                     Official's Signature                Title                        Date

                             This supercedes all previously issued consent forms

                                            CITY OF MUSKEGON

                                    SUPERVISOR'S INCIDENT REPORT

   Instructions:     In accordance with the Anti-drug and Alcohol policy of the City of Muskegon, you are
required to document fully, each incident that leads you to believe an employee or group of employees may be
   under the influence of either alcohol, illegal drugs, or unreported illegal use of prescription drugs. Please
              complete this form fully and obtain the necessary witness signature if at all possible.


                      Employee Name                                 Shift or Assignment

                            Date oflncident                               Location

                            Time of Incident                              Job Site

                              Witnessed by:                                 Title

                                         NATURE OF INCIDENT;

               _accident (non-vehicular)                               _accident (vehicular)
                _admission (voluntary)                                 _ arrest or conviction
             _ attitude change or swing                             _ customer/client complaint
              _impairment of Motor Skills or Speech                  _ neglect or carelessness
                   _performance deterioration                            _reliable report
                    _Tardiness                                            _theft or loss
              _treannent (non-completion)                             _ unexplained absences

                      SYMPTOM OF USE OR ABUSE                      (specific symptom)

   _ thought processes confused or forgetful           _inappropriate verbal or non-verbal responses
        _partial or complete memory loss                      _poor coordination or unsure gait
              _ unkept appearance                                  _ handwriting illegible
         _drowsy, sleepy or falling asleep                     _ eye pupils dilated or bloodshor
      _mood swing                                         _ extreme behavior changes during shift
                 irritable                                           _ quite or boisterous
                                    _other (explain in detail below)
 SUPERVISOR'S DISPOSITION                                        YES   NO

Documented employee's behavior before, during, and after

Identified wimess to confinn my observations

Confronted the employee privately stating reasons

Reminded employee of our Anti-drug and Alcohol Policy

Explained to employee that I am requiring a Urine Drug Screen,
Blood Plasma Test, or Chemical Breath Analysis

Notified management, collection facility, and arranged for
Transportation to collection site

Completed (and attached) Supervisor's Incident Report

Arranged for transportation to home or collection site

Reminded the employee of the City employee program

                                                CITY OF MUSKEGON

                                  FAMILY AND MEDICAL LEA VE POLICY

 The City of Muskegon, Michigan, in conjunction with the Family Medical Leave Act of 1993 (the Act), hereby
 adopts the following Family and Medical Leave Policy;

 SPECIAL NOTE:              This policy is intended as an addition to rule IX of the City of Muskegon Civil
 Service commission rules and regulations of 1987 as amended. Employees are encouraged to familiarize
 themselves with all leave provisions of the rules and regulations as noted herein.

                                       A         ELIGIBLE EMPLOYEES

                          To be eligible for benefits under this policy, employees must;

          1.      be in the employ of the city for a period of at least one year at the beginning of the
         2.       must have worked at least one, 250 hours as a city employee during the previous 12 month
         3.       Apply for a family medical leave by giving notice to the Civil Service office in accordance
                  with the notice provisions of this policy.
         4.       Where both spouses are employed be the City of Muskegon, their aggregate allowable leave
                  is limited to 12 weeks.

                                                 B        NOTICE

         1.       In the case of leave for birth or placement of a child, the employee must provide 30 days
                  advance notice before the date on which the leave would begin. If the employee is unable to
                  provide 30 days notice, he or she must provide "such notice as is practicable."
         2.       In the case of leave for a serious medical condition, if the leave is foreseeable based on
                  planned medical treatment, employees are required to "make a reasonable effort to schedule
                  the treatment so as not to disrupt unduly the operations of the employer," and also are
                  required to provide 30 days advance notice, or, if the treatment is in Jess than 30 days, "such
                  notice as practicable."

                                        C            NATURE OF LEA VE

An eligible employee is entitled to up to 12 unpaid work weeks of.leave during any 12-month period for the
following reasons:

( Any 12-month period is defined as the 12 months following the approval of a leave under this policy.)

         I.      because of the birth or placement of a child for adoption of foster care (must be taken within
                 12months of the birth or placement), or,
        2.       because of the serious health condition ofa spouse, child, or parent, or,
        3.       because of the employee s own serious health condition.
                                        D        INTERMITTENT LEA VE

Leave may be taken on an intennittent or reduced work schedule for the birth or adoption of a child. In such
cases approval by the employee's department head and the City Manager are required.

Leave may be taken on an intennittent or reduced work schedule for serious health conditions of a spouse,
child, or parent if medically necessary and without the employer's approval - provided medical evidence is
furnished by the employee upon request.

An intennittent or reduced schedule leave may not exceed 12 work weeks in the aggregate and must be
completed within one year of the beginning of the leave.

In the event a request for intennittent leave creates an undue disruption of work or work assignments. The
employee on intennittent leave will be transferred to an equivalent position for the remainder of the leave. In
the event of such a transfer, the employee will be returned to his/her fonner position at the conclusion of the
leave or 12 months (whichever occurs first).


If the leave is as a result of an employee's serious health condition;

         I.       Accrued sick and personal leave must be included in calculating the total amount of leave
         2.       Accrued vacation leave may, at the employee's discretion, be included in calculating the total
                  amount of leave time.

         If the leave is for the birth or placement of a child or the serious health condition of a spouse. child, or

         l.       Accrued sick, personal, and/or vacation leave may, at the employee's discretion, be included
                  in calculation the total amount of leave time.

                           F         MEDICAL NOTIFICATION/CERTIFICATION

An application for leave under this policy must conform to the following medical notices/certifications;

         l.       In the case of leave for serious medical condition. medical notice must be provided in a
                  timely fashion by a competent medical physician.

                  Medical notice is to include the date on which the serious health condition in question began,
                  the probable duration of the condition, appropriate medical facts regarding the condition. a
                  statement that the employee is needed to care for a spouse, parent, or child (along with an
                  estimate of the time required), or that the employee is unable to perfonn his or her functions.
                  and in the case of intermittent leave, the dates and durations of treatment to be given.

        2.       In the case of a leave for birth or placement of a child, the employee must provide
                 appropriate proof of birth or placement.
        3.       In the event there is a dispute regarding the seriousness of the health condition ofan
                 employee, spouse, child, or parent. a second medical opinion may be sought and paid for the
                 by city. If the dispute is not resolved by the second medical opinion, a third medical opinion
                 may be sought and paid for by the select the physician in the event a third opinion is
                 necessary and this opinion shall be binding.
                                      HEALTH INSURANCE BENEFITS

Health insurance benefits will continue in effect during any leave approved under this policy provided the
employee is regularly entitled to such benefits. All other benefits will accrue or not accrue according to
existing city policy and/or the appropriate collective bargaining agreement.

In the event an employee granted a leave of absence under this policy does not return to work at the completion
of the leave, and subsequently terminates his/her employment, the city reserves its right under the Act to
recover the cost of any health insurance benefits provided under this policy.

                                       H        RETURN FROM LEA VE

An employee returning from an approved leave under this policy will be returned to the same or and equivalent
classification per Civil Service rules and Regulations provided that, in order to prevent substantial and grievous
injury to the city, the city may deny return from leave to any employee whose annual salary places the
employee among the highest paid 10% of all city employees. In the event a return to work is to be denied, the
city will notify the employee as soon as practicable.

        ADOPTED;          August 24, 1993 by the Civil Service Commission and the City Commission.

                                               CITY OF MUSKEGON

                                    FAMILY MEDICAL LEA VE ACT POLICY



                                              From; Truman Forest
                                         Personnel I Civil Service Director



            On_ _ _ _ _ _ _, you notified us of your need to take a family/ medical leave due to;

                      the birth of a child, or the placement of a child for adoption or foster care; or

                              _ _ a serious health condition that you need care for, or

_ _ a serious health condition affecting your_ _ spouse, _ _ child, parent _ _ , for which you are needed
                                                  to provide care.

You notified us that you need this leave beginning on ______ and that you expect leave to continue until
                                          on or about· - - - - - - - -

Except as explained below, you have a right under the FMLS for up to 12 weeks of unpaid leave in a 12-month
period for the reasons listed above. Also, your health benefits must be maintained during any period of unpaid
   leave under the same conditions as if you continued to work, and you must be reinstated to the same or an
equivalent job with the same pay, benefits, and terms and conditions of employment on your return from leave.
 If you do not return to work following FMLA leave for a reason other than; ( l) the continuation, recurrence,
or onset of a serious health condition which would entitle you FMLA leave, or (2) other circumstances beyond
    your control, you me be required to reimburse us for our share of health insurance premiums paid on your
                                          behalf during your FMLA leave.

This is to inform you that:

          You are _ _ eligible _ _ not eligible for leave under FMLA.
2         The requested leave _ _will _ _will not be counted against your annual FMLA leave entitlement.
3         You __ will _ _ will not be required to furnish medical certification of a serious health condition.
          If required, you must furnish certification by_,-_ _ _ _ _ or we may delay the commencement
          of your leave until the certification is submitted.
4         You may elect to substitute accrued paid vacation time for unpaid FMLA leave.

         If the FMLA leave is for the purpose of caring for a seriously-ill member of your family, you may
         substitute paid sick leave for unpaid FMLA leave. (:This provision may be limited by your union

         If the FMLA leave is for any other allowed purpose, you must substitute accrued sic ck leave for
         unpaid FMLA leave.
5(a)       Jfyou nonnally pay a portion of the premiums for your health insurance, these payments will
continue during the period of FMLA leave. Arrangements for payment have been discussed with you
and it is agreed that you will make premium payments as follows.

(b)      You have a 30 day grace period in which to make payment. If payment has not been made
         timely, your group health insurance may be cancelled, or, at our option, we may pay your
         share of the premiums during FMLA leave, and recover these payments from you upon your
         return to work.
(c)      We_ _ will_ _willnot pay your share of the premiums for your health insurance while you
         are on )eave.
(d)      We_ _will_ _will not pay the premiums for your other benefits (e.g., life insurance,
         dental insurance, etc.) while you are on FMLA leave. lfwe do, you will be expected to
         reimburse us for the payments made on your behalf when you return from leave.

6         You       will       will not be required to present a fimess-for-duty certificate prior to being
restored to employment. If such certification is required but not received, your return to work may be
delayed until such certification is provided.

7        (a)Your_ _ are __ are not considered a "key employee" as described in 825.218 of the
         FMLA regulations. If you are "key employee", restoration to employment may be denied
         following FMLA leave on the grounds that such restoration will cause substantial and
         grievous economic injury to us.

         (b)We have detennined that restoring you to employment at the conclusion ofFMLA
         leave__ will __will not cause substantial and grievous economic injury to us.

8        You __ will __ will not be required to furnish us with periodic reports of your status and
         intent to return to work every 30 days while on FMLA leave.

9        You _ _ will __ willnot be required to furnish medical re-certification every 30 days
         relating to a serious health condition.

                                   (c ;\wp51 \docs\finlaresp. 195)
                                   CERTIFICATION OF HEALTH CARE PROVIDER

                                   (FAMILY ANDMEDICALLEAVEACTOF 1993)

                   Employee's name; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

         2         Patient's name(if other than employee),_ _ _ _ _ _ _ _ _ _ _ __

         3        Please indicate whether the patient's condition involves one or more of the following
                  "serious health condition" (see attached descriptions):

                   (1)_ _(2)_ _(3)_ _ (4)_ _ (5)_ _ (6)_ _
                   (other)_ _ _ _ _ _ _ _ _ _ _ _ _ _ __

         4        Describe the medical facts which support your certification, including a brief statement as to
                  how the medical facts meet the criteria of one of the above categories.

         5        (a)State the appropriate date the condition commenced, the probable duration of the
                  condition, and the probable duration of the patient's present incapacity, (if different):

                  (b) Will it be necessary for the employee to work only intermittently or to work on a less
                  than full schedule as a result of the condition (including for treatment described in item 6

                  Yes___ No_ __                   (if yes, give the probable duration):

                  If the condition is a chronic condition (#4) or pregnancy (#3 ), state whether the patient is
                  presently incapacitated.

6      (a)If additional treatments will be required for the condition, provide an estimate of the probable
number of such treatments. If the patient will be absent from work or other daily activities because of
treaunent on an intermittent or part-time basis, also provide an
 b          If No, would the employee's presence to provide psychological comfort be beneficial to the patient or
 assist in the patient's recovery?

 Yes,_ _ _ No_ __

C        If the patient will need care only intermittently or on a part-time basis, please indicate the probable
duration of this need;

                  Signature of health care provider                                         Date

                                            Type of medical practice


                                               Telephone number

This section to be completed be the employee needing family leave to care for a family member.

State the care you will provide and an estimate of the period during which care will be provided, including a
schedule if leave is to be taken intermittently, or if it will be necessary for you to work less than a full
schedule:                 ·

                                         Employee Signature and Date

                  (Use to complete section 3 of the Certification of Health Care Provider Form)

A "serious health condition" means an illness, impairment, or physical or mental condition that involves one of
the following;

          Hospital Care     Inpatient care (i.e., an overnight care) in a hospital. Hospice, or residential medical
care facility, including any period of incapacity or subsequent treatment on connection with or consequent to
such inpatient care.

2        Absence Plus Treatment A period of incapacity of more than three consecutive calendar days
(including any subsequent treatment or period of incapacity relating to the same condition), that also involves.

          (])      Treatment two or more times by a health care provider, by a nurse or physician's assistant
                   under direct supervision of a health care provider, or by a provider of health care services
                   (e.g., physical therapist) under orders of, or on referral by, a health care provider, or
          (2)      Treatment by a health care provider on at least one occasion which results in a regimen of
                   continuing treatment under the supervision of the health care provider.

3        Preimancv          Any period of incapacity due to pregnancy, or for prenatal care.

4        Chronic Conditions Requiring Treatment         A chronic condition which;

         (])       Requires periodic visits for treatment by a health care provider, or by a nurse or physician's
                   assistant under direct supervision of a health care provider.
         (2)       Continues over an extended period of time (including recurring episodes of a single
                   underlying condition): and
         (3)       May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes,
                   epilepsy, etc.).

5        Permanent/ long-term Conditions Requiring Supervision          A Periodic incapacity which is
permanent or long-term due to a condition for which treatment may not be effective. The employee or family
member must be under the continuing supervision of, but need not be receiving active treatment by a health
care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

6         Multiple Treatments (Non-Chronic Conditions)             Any period of absence to receive multiple
treatments (including any period of recovery therefrom) by a health care provider or by a provider of health
care services under orders of, or on referral by, a health care provider, either for restorative surgery after an
accident or other injury, or for a condition that would likely result in a period of incapacity of more than three
calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation,
etc.), severe arthritis (physical therapy), kidney disease (dialysis). ·

         Information sought relates only to the condition for which the employees is seeking FMLA leave.
2        '"incapacity" is defined to mean inability to work, attend school or perfonn other regular daily
         activities due to a serious health condition, treatment therefor, or recovery therefrom.
3        Treatment includes examinations to deter5milne if a serious health condition exists and evaluations of
         the condition. Treatment does not include routine physical examination, eye examinations, or dental


                         COMPUTER USAGE POLICY
                                INFORMATION TECHNOLOGIES

The GOAL of this policy is to define standards of conduct when employing the use of infonnation
technologies available through the City of Muskegon to assist in completing work related, tasks. Without the
use of standards we fall prey to abuse, illegal activity and inappropriate behavior. This policy was designed to
protect the organization, its staff, and the citizens we serve. ·


USER - staff, vendor, or citizen employing the use of the infonnation contained within the computer resources
owned by the City of Muskegon.

NETWORK - the collaboration of computers and shared electronic infonnation.

USER ACCOUNT - a unique word assigned to a user to gain access to network information.

VIRUS - computer program designed to maliciously destroy data.

INTERNET - global nerwork of computers used to communicate and provide infonnation.


To protect the information contained on the City of Muskegon's enterprise network there have been a number
or security measures implemented. Each user is issued an account and password. This password will grant the
user access to information based on their job requirements and security level, To deter hacking, your network
account will expire and will require a new password at least every six months. You have the right to change
your password at any time. If you believe your password is known by another user, you are encouraged to
change it immediately. If you require assistance please see your supervisor or the Infonnation Technologies
department. Your password may not be given to anyone. If a person has requested the use of your network
account you may direct them to your superior or Information Technologies department. In addition, using
another's account or representing another user is prohibited.

          Whenever your are away from your computer for an extended amount of time always log off from the
 2        Never give your password to anyone.
 3        Choose passwords that are not obvious and do not write them down.


 Attempts to circumvent security or gain access to unauthorized data or system areas on the City of Muskegon's
 Enterprise network or any network connected through the City of Muskegon's enterprise network is prohibited.

                                     FRAUDULENT USE OR BEHAVIOR

 Users must respect the integrity of computing and network systems; for example, users shall not intentionally
 develop or use programs that harass other users or infiltrate a computer, computing system, or network and/or
 damage or alter the software components of a computer, computing system or network.

Network security is a very serious issue. Tampering with data or attempting to circumvent is strictly
prohibited. Disciplinary action will be aggressively pursued whenever a breach of security or hacking is



The illegal use of software is prohibited. Most Pirating is a result of installing software on a computer without
the legal right to do so. In order to use a computer program the organization must purchase the program from
a reputable source and possess the license and software to use the program. The posting or uploading of
copyrighted material without the pennission of the owner of such material is also prohibited.

It is illegal to copy software or use software without meeting the above mentioned criteria and legal action may
be taken against those not abiding by the law. If you would like more infonnation or a copy of the law contact
the Information Technologies deparnnent.


The use of the City of Muskegon ·s computer equipment to entertain the user through the use of computer
games is nor peITT1ined.

                                         INSTALLING SOFTWARE:

The computer you use at your job is the property of the City of Muskegon. You may not install software onto
the computer or onto the network without the permission of the Information Technologies department. lfyou
require the use software not owned by the City of Muskegon you may make arrangements to purchase it if the
software is required to complete a work related tack.

The threat of a virus infection is greatest when downloading files from the Internet or loading data into your
computer from a floppy diskette. If you question the authenticity of the data on a diskette you may have the
Information Technologies department scan it for viruses. Muasures have been put in place to protect the data
contained on the network file servers against the threat of virus infection. Please note that your computer is not
immune from a computer virus so we encourage you to take caution when downloading information.

                                                  THE INTERNET

Beginning Spring 1997 the City of Muskegon's Information Technologies department will provide approved
staff with the ability to use the Internet as a source of global communication and research. While we can ail
acknowledge the power of the Internet we must also assume responsibility for using it in an appropriate
manner. There is an enormous amount of infonnation available on the Internet but we must remember to focus
only on information contained within the scope of our job functions. The City of Muskegon's Information
Technologies department will periodically review the information or sites a user has visited through the use of
a audit log file. Any user action that violates the appropriate usage policy may result in the revoking or
network privileges and/or the necessary legal action.

Pornographic Material and Vulgarity-the posting, uploading, or downloading pornographic or vulgar
messages, photos, images) sound files, text files, video files, newsletters, or related materials if prohibited.

Articles, Newsgroups, and E-Mail - may only be placed in relevant and topical locations as established per
particular area. Crossposting to more than ten groups or posting an excessive number of postings in a single
group is prohibited. 11 Spamming" (posting to hundreds or thousands of newsgroups) will result in the revoking
of network privileges.

Unsolicited advertising is not acceptable. The selling of personal services or products towaard personal
financial gain is prohibited.

Each user must remember that when they are using the Internet they are representing the City of Muskegon.
Professionalism and maturity must be practiced when using such a powerful tool. Any abuse of the Internet
will be dealt with aggressively.
                                City of Muskegon
                      Employee Personal Check Cashing Policy

    As a courtesy to City of Muskegon employees, the city has established this policy
    to allow city employees the ability to cash personal checks with restrictions and
    up to a certain limit. The policy requires that the city employee must present
    his/her personal check for cashing at the City Treasurer's Office. No other office
    is permitted to use cash held in that department for cashing checks or for use for
    petty cash purchases. Under no circumstances is a city employee allowed to use
    city funds to cash checks without going through the Treasurer's Office.

    To accommodate the personal cash needs of city employees, while not hindering
    the city's cash position, employees may be allowed to cash no more than two (2)
    personal checks per week and $100.00 per item for a maximum of $200.00 per
    week. The Treasurer's Office has the ability to exercise discretion in the
    administration of this policy due to the city's cash flow.

    Third party check cashing, including, but not limited to rebate and refund checks,
    is not allowed under this policy. Allowing city employees the ability to cash
    personal checks is a privilege and not a right. In cases where an employee's
    personal check is returned by the bank to the city as "non-sufficient funds",
    "closed account", etc. the employee will be charged the city's NSF check fee in
    accordance with the city's master fee resolution and the original check amount
    plus the NSF fee must be paid to the city in cash, money order, or bank certified
    check. In addition, the employee's personal check cashing privilege at the city
    will be suspended for a period of one (1) year.

                                      Updated May 2005           5 /6 ·-0..>
                                                                                                                        Page 1 of2

        p-•ter, Linda

        From:   Paul, Tim
        Sent:   Thursday, February 15, 2007 8:59 AM
        To:     *All City Hall Email Users
        Subject: Cashing Personal Checks

 The City's independent auditors have pointed out to us a provision of the state's Uniform Accounting Manual that will prevents us
 from cashing employees' personal or payroll checks any longer (see below). We're sorry for any inconvenience this may cause.

 Thank you.

                                                        CHAPTER 2
                                        BANK ACCOUNTS, DEPOSITS AND RECONCILIATION

fu!nk Accounts

All local unit bank accounts must include the name of the local unit, the name of the account, and the name of the treasurer.

Athens Township - General Fund Account (name of treasurer)
Athens Township - Current Tax Collection Account (name of treasurer)

The local unit treasurer is the legal custodian of all local unit funds and must make all deposits in the various local unit bank
accounts. The local unit board designates the banks to be used. Other local unit officials receiving local unit money must deposit
their collections with the local unit treasurer in the manner set forth under receipting procedures. Such officials do not make
deposits to the local unit bank accounts.

The local unit treasurer must make bank deposits intact. Intact means that the deposit must include the checks and cash received
for a specific numerical sequenced receipt group. Deposits must be made as frequently as possible, daily where warranted, and at
least weekly in smaller local units.

It is not proper to withhold a portion of collections for use as a change fund. 6U collections must be deposited in the bank. If a
change fund is required, an imprest (petty) cash account should be authorized by the local unit board and recorded in the general

Bank deposits of funds received should be made at least weekly and more often if the amounts received are substantial.

Improper Bank Accounts

Except where specifically provided by statute, it is not proper to operate a local unit bank account independent of the local unit
treasurer. The local unit board may NOT designate other local unit officials such as a board or commission to operate a cemetery,
police department, fire department, etc., and permit such board or commission to open its own bank account, deposit its own
collections, and pay its own bills or charges. The treasurer must receive and deposit all local unit money and pay out the money
upon proper order.

----j      ,hinq or Accepting Checks***

Do not cash payroll checks or personal checks. Any personal check accepted must be made payable to the local unit and must be
in the exact amount of taxes or other local unit charge being paid.

                                                                                                                       Page 2 of2

Bank Reconciliation.

Ai    1k accounts must be reconciled to the local unit accounting records morithly. The clerk's records must agree with or
reconcile to the treasurer's and the bank's records. A reconciliation sheet should be prepared in duplicate for each month with one
copy for the clerk and one copy for the treasurer. Canceled checks are to be filed with the bank statement to which they apply.

              ID CARD POLICY(revised number IV, 3-10-04)

Employees that have ID Cards that also are used for time records and for
gaining access to city buildings or facilities are subject to the following:

1.    Employees are required to have the ID with them at all times while on
      duty with the City of Muskegon.

2.    Employees who lose the card will be given one replacement card at no
      cost. (A temporary card will be issued until a permanent card can be

3.    An employee who reports for work without his/her assigned card will
      be sent home without pay to retrieve the card. A reasonable amount of
      time, as indicated by the supervisor, will be allowed for the trip.
      Returning within that time period will be considered an unexcused
      "tardy." Failure to return within that time period will be considered
      "absent without sufficient reason or authorization" and employee will
      be subject to discipline.

4.    Employees that lose a second card will be charged $50 to get the
      replacement card. The employee has the option to either immediately
      pay the $50 (either in cash, check or credit card) or sign a payroll
      deduction form before being allowed to return to work. (A temporary
      card will be issued until a permanent one can be made.)

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