City of Rehoboth Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach 7-14-2000 by Ord. No. 700-3; amended in its entirety 3-15-2019 by Ord. No. 0319-01. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Ethical standards — See Ch. 27.
A. 
This chapter is the Personnel Ordinance and shall apply unless otherwise provided in the City of Rehoboth Police Department Directives or a collective bargaining agreement to the contrary.
B. 
It is the personnel policy of the City that:
(1) 
Employment by the City is based on merit and fitness, free of personal, political or other consideration.
(2) 
Just and equitable incentives and conditions of employment are maintained to promote efficiency and economy in the operation of the City.
(3) 
Positions having similar duties and responsibilities are nonexempt and compensated on a uniform basis.
(4) 
Appointments, promotions and other actions requiring the application of a merit principle are based on systematic tests and/or performance evaluations.
(5) 
The tenure of employees is subject to good behavior, satisfactory performance of work, necessity for the performance of work and the availability of funds.
(6) 
Employees shall keep the City's personnel office apprised of their mailing address and any changes thereto. The City will rely upon such address information for purposes of providing notice.
A. 
Full-time employees. Full-time employees are not in temporary status, have completed the probationary period (see § 46-8) and are regularly scheduled to work a full-time schedule. Full-time employees are eligible for the City's benefit package (holidays; sick leave; vacation; bereavement leave; family leave; health, life, dental and disability insurance; retirement; and pension).
B. 
Part-time. Part-time employees work on average less than 30 hours each week. Part-time employees are not eligible for the City's benefit package except to the extent specified in this chapter.
C. 
Temporary/seasonal employees. Temporary employees are hired as interim replacements, to temporarily supplement the work force, to assist in the completion of a specific project or to fill a seasonal need. Employment assignments in this category are of a limited duration. Temporary employees retain that status unless and until notified of a change. While temporary employees receive all legally mandated benefits (such as worker's compensation and social security), they are ineligible for the City's benefit package.
A. 
The personnel system. The City personnel system consists of the:
(1) 
Personnel Chapter;
(2) 
Position classification plan described in § 46-4; and
(3) 
Wage and salary plan described in § 46-5.
B. 
City Manager's responsibility.
(1) 
The personnel system is administered by the City Manager. The City Manager shall:
(a) 
Administer this chapter;
(b) 
Maintain, update and review the position classification and pay plans;
(c) 
Maintain appropriate employee records;
(d) 
Prepare and recommend revisions and amendments to this chapter and the personnel rules;
(e) 
Counsel employees on matters of promotion and job-related training;
(f) 
Prepare and recommend to the Commissioners employee benefits; and
(g) 
Prepare and distribute to every employee, and maintain each employee's acknowledgment of agreement to be bound by, the Personnel Ordinance and acknowledgement of the City's consent to monitoring policies.
C. 
Consultants. The Commissioners may contract with consultants for the performance of technical services in the operation of the personnel system.
D. 
Personnel Committee. The Personnel Committee consists of not less than three elected Commissioners, one of whom the Mayor shall appoint Chair subject to confirmation by a majority of the Commissioners.
E. 
Duties of Personnel Committee. In addition to the other duties set forth in this chapter, the Personnel Committee shall:
(1) 
Consult with the City Manager on matters of personnel policy and problems of personnel administration, including proposed amendments of this chapter, the position classification plan and the uniform pay plan.
(2) 
Make any inquiry it considers desirable concerning personnel administration of the City and make recommendations to the Commissioners with respect thereto.
A. 
Initial classification. The City Manager shall analyze the duties and responsibilities of all positions and recommend to the Commissioners a position classification plan. Each position shall be assigned to a job class on the basis of the kind and level of its duties and responsibilities, in order that all positions in the same class are sufficiently similar to permit use of the same descriptive title, qualifications, requirements, test of competence and pay scale. A job class may contain one position or more than one position.
B. 
Review of classification. The City Manager shall review the initial classification plan every five years and make such recommendations he deems necessary to the Commissioners. Such recommendations may consist of the addition, abolition, consolidation, division or revision of existing position descriptions.
A. 
Revision of pay plan. The City Manager shall annually review the pay plan at the time the budget is prepared and make recommendations to the Commissioners concerning revisions in the pay plan. At least every five years the City Manager's review of the pay plan shall include a comparison of compensation for each City position with compensation for comparable positions in the private and public sectors.
B. 
Work-related, disabling injury. In the event a full-time employee suffers an accepted work-related injury, such an employee shall receive workers' compensation benefits.
C. 
CDL driver incentives. City employees in the Public Works Department may, in the discretion of the City Manager, be awarded a wage increase of $0.50 per hour if the employee i) holds a position, the job description and requirements of which include holding a CDL, and ii) is duly issued an official nonexcepted interstate CDL (Category 1). Any employee who is granted or has been granted a wage increase of $0.50 per hour for having possessed a CDL (of any category) in the past may have his or her pay decreased by $0.50 per hour if he or she i) fails to qualify for a CDL Category 1 renewal, or ii) is determined to have failed to have documentation of a CDL Category 1 on his or her person while operating a City-owned vehicle, the operation of which requires a CDL. Prior to the reduction in pay, the employee shall receive due process. Notwithstanding anything to the contrary in the Personnel Ordinance or other City policies, the due process requisite for any such reduction in pay shall be predeprivation written notice of the intent to reduce pay, a hearing before the City Manager to determine if pay should be reduced, and the employee's opportunity to tell his or her side. There shall be no appeal from the City Manager's decision.
A. 
No political considerations. Employees shall be selected without regard to political considerations, may not be required to contribute to any political purpose and may not engage in improper political activity as defined by federal and state law.
B. 
No discrimination. There shall be no discrimination against any applicant or employee because of political or religious affiliation or belief, gender, national origin, race, marital status, disability, sexual orientation, gender identity, color, creed or genetic information, or because he or she was a victim of a sexual or violent offense, or stalking. Furthermore, there shall be no retaliation against any employees for complaints related to unlawful employment practices concerning any of the aforementioned protected categories.
C. 
City employees. Qualified applicants who are City employees shall be notified of vacancies by posting the vacancy and shall receive priority consideration in filling the vacancy.
D. 
Advertisement. Job announcements shall be advertised in newspapers, journals and/or employment centers in order to attract qualified applicants. At the discretion of the City Manager, there will be no advertisement if there is at least one City employee applicant, and the vacant position represents a logical promotion from the position currently held or a condition exists requiring that an employee be hired immediately in order to avoid a serious disruption of City services.
E. 
Merit hiring. Selection of employees shall be based on merit as determined by competitive examination or other appropriate standards measuring skills, knowledge, education and experience relevant to the vacant position. Examinations and other standards will fairly measure the abilities and aptitudes of candidates for the duties to be performed and shall not include inquiry into political or religious affiliation, race, national origin, age, sex, marital status, sexual orientation, gender identity, genetic information, creed, color or disability, or whether the individual was a victim of a sexual or violent offense or stalking.
A. 
Application forms. Applications shall be limited to information necessary to establish name, address, telephone number, person to contact in emergency, references and information related to an applicant's ability to perform the job.
B. 
Physical examination. Each individual offered a job shall, as a condition of employment, complete, at the City's expense, a physical examination by a doctor selected by the City Manager. The City Manager may reject any applicant who lacks the ability to perform essential job functions unless reasonable accommodations enable the applicant to perform such functions.
C. 
Drug and alcohol test. In addition to the physical examination, applicants for full-time or temporary employment as a policeman, a lifeguard or a position involving safety-sensitive activity, including positions requiring a commercial driver's license, must complete and pass a drug and alcohol test as a precondition to the establishment of an employment relationship.
D. 
Medical information or history. Information regarding the medical condition of an applicant and employee shall be maintained in a separate medical file and shall be treated as a confidential medical record, except that supervisors and managers may be informed regarding restrictions on work activities and accommodations and first aid and safety personnel may be informed if the disability may require emergency medical treatment.
Employees appointed or promoted, including employees scheduled to work a full-time schedule, shall be subject to a six-month probationary period. The City Manager may, however, specify a shorter or longer period of probation for certain designated job classes or reduce or extend the probationary period in individual cases. An employee's performance shall be evaluated at the conclusion of the probationary period pursuant to the provisions of § 46-14. Upon satisfactory completion of the probationary period, an employee shall be granted full- or part-time status, as appropriate. Completing a probation period does not modify the at-will nature of employment for employees who otherwise are employees at will.
The City Manager shall provide training programs aimed at providing employees with skills and knowledge required to achieve optimum performance; acquaint employees with rules, regulations, ordinances, policies, practices and standards of City service; and provide employees with training to develop potential skills and knowledge required for promotion.
A. 
Tenure. The tenure of every employee is conditioned on good behavior and satisfactory performance evaluations. Any employee may be temporarily separated by suspension or permanently separated by resignation or termination.
B. 
Reduction in force. When there is a lack of work or lack of funds requiring a reduction in the number of employees in a department, the City Manager shall make the necessary reductions after receiving the department head's recommendation. Employees shall be separated in the inverse order of their relative length of service. With each affected job class, all temporary employees shall be separated before probationary and nontemporary employees.
C. 
Demotion. A full-time or part-time employee may be demoted whenever, in the judgment of the City Manager, the performance of the employee or the employee's misconduct warrants demotion or whenever there is a lack of funds. When the City Manager takes such action, written notification shall be sent to the employee and the Commissioners within three working days of the decision and 30 days prior to the effective date. Notification shall include a statement of the reasons for the action. The Commissioners will review the demotion if the City Manager receives the employee's request for review within 10 days of the employee's receipt of notice of demotion. The standard of review is whether the City Manager's decision is supported by substantial evidence.
D. 
Disciplinary suspension. If the City Manager determines that the conduct of an employee justifies disciplinary action short of termination, such an employee may be suspended from employment for up to 10 days without pay (unless there is a collective bargaining agreement to the contrary) following an informal hearing conducted by the City Manager, wherein the employee is provided with notice of the accusations, a brief explanation of the charges and evidence, and an opportunity to tell his or her side of the story. The Commissioners will review the disciplinary suspension if the City Manager receives the employee's request for review within 10 days of the employee's receipt of notice of suspension. The standard of review is whether the City Manager's decision is supported by substantial evidence. If the employee prevails, the employee shall be awarded an amount equal to the salary lost during the disciplinary suspension. Employees arrested and on leave pending termination shall be on leave without pay.
E. 
Termination. Probationary and temporary employees may be terminated with or without cause and have no right to a hearing. A full- or part-time employee may be terminated for incompetence, absences without job-protected leave, improper conduct reflecting on the City, performance, neglect of duty, willful and persistent insubordination and misconduct (including but not limited to theft, destruction of City property, threatening employees or supervisors, falsification of records, abuse of the employee's position for personal gain or conviction of a felony). If the City Manager concludes a full- or part-time employee should be terminated, such an employee will be sent a notice of intent to terminate. The City Manager shall hear all facts relating to cases involving the termination of a City employee. The Commissioners will review the City Manager's determination if the City Manager receives the employee's written request for such a hearing within 10 days of the employee's receipt of the notice of intent to terminate. If the employee fails to submit a timely request for a hearing, the notice of intent to terminate shall be the final notice of termination. The standard of review is whether the City Manager's decision is supported by a preponderance of the evidence. If the employee prevails, the employee shall be reinstated with back pay less any income earned from other sources, including unemployment compensation benefits. The notice of intent to terminate will inform the employee of the reason for termination, the right to confront and cross-examine witnesses, the right to counsel at his or her own expense, the right to call witnesses in his or her defense, and the right to testify in his or her defense.
F. 
Resignation. Any employee may resign in good standing by filing a letter with the City Manager no later than 14 days before the effective date of such resignation. Any employee resigning in good standing may be reinstated to a position in the same class if there is a need for the former employee's service within one year from the date of resignation. Any employee who is a "no-call, no-show" for two consecutive shifts shall be considered to have abandoned their position and resigned voluntarily, absent extraordinary circumstances.
G. 
Notice. Reduction in force, demotion, disciplinary suspension and termination notices shall be sent to the affected employee by certified mail or delivered by hand. If such an employee fails to accept or claim the certified mail, the employee is presumed to receive the notice three days after mailing.
A. 
Records maintained. The City Manager shall maintain central files of adequate records of the proceedings of the Personnel Committee, of the City Manager's official acts and the personnel records of every employee. All such records shall be considered confidential.
B. 
Employee access. An employee may access the employee's personnel file upon written request to the City Manager and under the supervision of an individual designated by the City Manager. Access shall be provided at a mutually convenient time no later than three work days from receipt of the request.
C. 
Release of information. Information in an employee's personnel file may be released with the written release of the employee or if the City is required to release information under state or federal law. If the City believes it is required to release information, it will provide the affected employee written notice of its intent to release such information and its justification for releasing the information. If possible, such notification shall be provided at least five days prior to disclosing the information.
D. 
Placement of documents in personnel files. No document adverse to an employee may be placed in the employee's personnel file unless the employee is provided a copy of such document and given the opportunity to sign acknowledging receipt of the copy. Such a signature does not indicate the employee agrees with the content of the document.
E. 
Employee comments. An employee may submit written comments on any document placed in the employee's personnel file. Such comments will be placed in the employee's personnel file if the comments are submitted within 30 days of the date the employee receives a copy of the document which is the subject of the employee's comments.
During the course of any investigation or hearing, the City Manager or the Commissioners may request that employees of the City attend and testify. An employee refusing to do so may be subject to disciplinary action.
A. 
Progressive discipline normally applies. Disciplinary actions shall be progressive. Typically, the progression of discipline is oral reprimand, written reprimand, suspension without pay and termination. The number of times discipline is imposed at each step in this progression, and whether steps in the progression are skipped, depends upon the severity of the offense and the circumstances surrounding each offense.
B. 
Extreme cases. In cases of an extreme nature, such as but not limited to theft or physical assault on another employee, the requirements of progressive discipline shall not apply.
C. 
Criminal offenses. When an employee is charged with a criminal offense, the City Manager may suspend such an employee without pay if such an arrest may result in termination. Incarcerated employees are not paid, whether or not the offense may result in termination. If the employee opts to defer the termination hearing until there is a final determination in the criminal proceeding, the City is not bound by the decision in the criminal case, and the employee is precluded from recovering back pay for any period prior to the decision in the criminal case.
A. 
Timing of evaluations. Evaluations of the performance of probationary employees shall be completed at least semiannually. Evaluations of full- and part-time employees shall be completed at least annually.
B. 
Identity of evaluator. Evaluations shall be conducted by the supervisor and approved by the employee's department head. If the department head is the supervisor, the evaluation shall be approved by the City Manager.
C. 
Disciplined noted. Disciplinary action taken during the evaluation year shall be recorded on the evaluation.
D. 
Placed in personnel file. Performance evaluations shall be signed by the employee and placed in the employee's personnel file.
E. 
Improvement plans. If an employee's evaluation identifies serious deficiencies, the evaluator and the employee shall develop an improvement plan identifying training needs and areas of performance in need of improvement. If the evaluator and employee are unable to agree upon an improvement plan, the evaluator shall prepare the plan.
A. 
Standard workweek. The standard workweek for wage and salaried employees shall be established by the City Manager subject to the approval of the Commissioners. The City Manager may assign certain positions or classes to work a schedule differing from the standard workweek.
B. 
Part-time employees. Part-time employment shall include employment for less than 30 hours per week. Part-time employment shall be performed only according to the schedules established by the department head in consultation with the City Manager.
A. 
Part-time work. Compensation for part-time work shall be at the hourly rate of the salary appropriate to the grade of the employee for the hours actually worked. No employee shall be employed in two or more part-time positions concurrently if the aggregate pay exceeds 100% of the normal full-time pay for the lower position.
B. 
Overtime work. Except for emergencies, compensation for overtime work shall be paid only when the employee's department head or the City Manager gives prior approval for overtime work. An employee who is nonexempt under the Fair Labor Standards Act shall receive compensation of 1 1/2 times the employee's normal rate of pay for hours worked in excess of 40 hours within the workweek. The City Manager and department heads are exempt. All other employees are nonexempt. Vacation leave, paid holidays and compensatory time are included in calculating hours worked. Sick leave is not included in calculating hours worked. Overtime shall be paid as follows:
Actual Overtime
(minutes)
Overtime Compensation
1 to 7
No overtime
8 to 22
15 minutes overtime
23 to 37
30 minutes overtime
38 to 52
45 minutes overtime
53 to 60
60 minutes overtime
C. 
Arriving at work. It is responsibility of the employee to arrive and report to work at the beginning of the scheduled shift. Time worked is recorded on the basis of fifteen-minute periods. Nonexempt employees must record and submit all hours worked, and by doing so, attest to the accuracy of their submissions.
(1) 
Employees will be compensated for all hours worked.
D. 
Tardy employees. An employee who punches in eight or more minutes after the scheduled start of the shift shall be, for the purpose of payroll calculation, considered 15 minutes late and docked to the nearest quarter hour and subject to progressive discipline. An employee who is repeatedly tardy by less than eight minutes still remains subject to progressive discipline. A department head may allow an employee to make up the lost time by working beyond the scheduled hours, or by additional work time within the same week. Employees who, with permission, begin working before their scheduled work time will be compensated for overtime according to the schedule set forth in Subsection B, above.
E. 
Work on holidays. If a nonexempt employee is required to work on a day observed by the City as a legal holiday, the employee shall, at the option of the employee, be paid at the regular rate, and receive compensatory time for the hours worked up to eight hours, or receive holiday pay (eight hours' pay at the regular rate), and be paid at the rate of 1 1/2 times the employee's regular rate for all hours worked up to eight hours. The employee must notify the City Manager, in writing, at least five days prior to the scheduled holiday if the employee opts for compensatory time. If the employee fails to provide such notice, the employee shall receive holiday pay (eight hours at the regular rate), and be paid at the rate of 1 1/2 times the employee's regular rate for all hours worked. If an employee works in excess of eight hours on a holiday, the employee shall be paid at the rate of 2 1/2 times for each hour worked in excess of eight hours. If an employee elects to take compensatory time, the holiday compensatory time may be used in the same manner as other accrued compensatory time. All compensatory time must be used within the same pay period in which it is accrued.
F. 
Callback pay. If a nonexempt employee is called back to work after the employee's assigned, scheduled work shift, the employee shall be paid for a minimum of four hours at the rate of 1 1/2 times the employee's regular rate.
G. 
Reporting to work prior to scheduled shift. If a nonexempt employee is required to report for work within four hours of the start of the employee's assigned scheduled work shift, such an employee shall receive compensation at 1 1/2 times the employee's regular rate from the time the employee reports to work prior to the assigned shift.
H. 
Annual review. The salary of each employee shall be reviewed semiannually, annually or biennially, depending upon the length of service of the employee. All of the personnel records shall be considered in making an evaluation and recommendation for increases with a major emphasis placed on evaluations.
I. 
Longevity bonus. A longevity bonus will be paid every five years to each full-time employee for consecutive years of City service measured from the employee's anniversary date of employment as follows:
Years of Consecutive Service
Amount of Longevity Bonus
5
$650
10
$900
15
$1,150
20
$1,650
25 and every 5 years thereafter
$2,150
A. 
Holiday pay. A full-time employee shall receive the employee's regular pay for the following holidays:
New Year's Day - January 1
Martin Luther King, Jr. Day - the third Monday in January
Presidents' Day - the third Monday in February
Good Friday
Memorial Day - the last Monday in May
Independence Day - July 4
Labor Day - the first Monday in September
Columbus Day - the second Monday in October
General Election - biennially as it occurs
Return Day - the second day after the General Election, 1/2 day
Veterans Day - November 11
Thanksgiving Day - the fourth Thursday in November
Friday following Thanksgiving Day
Christmas - December 25
B. 
For purposes of this section, and § 46-16E, with the exception of 911 Center dispatchers, legal holidays shall be observed and compensated in accordance with § 46-17A unless the holiday falls on a Saturday, in which case the legal holiday shall be observed and compensated on the preceding Friday, or if the holiday falls on a Sunday, the legal holiday shall be observed and compensated on the following Monday. For 911 Center dispatchers, holidays shall be compensated on the actual day of the holiday, with the exception of Independence Day, which shall be compensated on the date observed by other City employees.
C. 
Eligibility for holiday pay. To be eligible for holiday pay, an employee must work, or be on approved leave, on the employee's normally scheduled workday before and after the holiday. If an employee is absent on one or both of those days because of an illness or injury, such employee may be required to provide a doctor's certificate.
D. 
Personal Days. All full time employees shall receive two paid personal days per year. These do not carry over and are not paid out upon separation. These can be used at any time with supervisor pre-approval.
A. 
Sick leave entitlement. Sick leave shall be granted for:
(1) 
Personal illness or physical incapacity resulting from causes beyond the control of the employee.
(2) 
Medical, dental or optical appointments which cannot be scheduled in after-duty hours, provided that the employee has made every effort to arrange such appointments at a time before or after the employee's regular workday.
B. 
Accumulation of sick leave. Full-time employees on the payroll as of September 30,1999, accumulate sick leave at the rate of 120 hours per year. Full-time employees hired after September 30,1999, receive 120 hours of sick leave for the first year of employment and thereafter receive 80 hours of sick leave per year. Unused sick leave for full-time employees may be accumulated without limit.
C. 
Notification of sick leave absence. To be compensated for sick leave, the employee must report the inability to be on duty within one hour of the employee's starting time. Failure to provide such notice results in loss of pay for that day, except in emergencies, as determined by the City Manager.
D. 
Sick leave for a fraction of a day. Absence for a fraction of a day chargeable to sick leave shall be charged by rounding to the nearest 1/2 hour, with a minimum of one hour.
E. 
Accumulation of sick leave during paid leave or disability. An employee absent on a legal holiday, during paid sick leave, on vacation, on leave for disability arising from a work-related injury or on authorized leave shall continue to accumulate sick leave during such absence as though the employee were on duty.
F. 
Payment for accumulated sick leave. Employees who are on the payroll as of September 30, 1999, shall be paid accrued sick leave upon resignation in good standing (see § 46-10F), retirement and/or termination equal to one hour's pay at the rate for the position of the employee at the time of retirement for each hour of sick leave accumulated to the date of termination. In the case of death of an employee, payment for unused sick leave shall be made to the employee's estate. The maximum number of hours the City will be liable to reimburse in the case of resignation, retirement, disability, termination or death is 360 hours. Employees hired after September 30, 1999, shall not be paid accumulated sick leave upon resignation in good standing, retirement or termination unless the resignation, retirement or termination occurs after 15 or more consecutive years of service with the City. If, however, an employee hired after September 30, 1999, becomes disabled, such an employee shall be paid accumulated sick leave irrespective of whether the employee has 15 or more consecutive years of service with the City.
G. 
Exhaustion of sick leave. An employee who exhausts accumulated sick leave may, at the discretion of the City Manager, be granted additional hours of sick leave. Such exceptions shall be addressed on a case-by-case basis and shall be charged against future earned sick leave.
H. 
Doctor's certificate. A certificate from a doctor shall be required under the following circumstances:
(1) 
When the City Manager notifies an employee that, in the City Manager's opinion, there is abuse or misuse of sick leave;
(2) 
An employee uses sick leave three consecutive working days; or
(3) 
An employee uses sick leave the scheduled workday before or the scheduled workday after a holiday, unless otherwise excused from work by his department head. If such an employee fails to provide a doctor's certificate, the employee will not be paid for the holiday.
I. 
Excess sick hours. Sick leave charges in excess of earned sick leave may be charged to earned and available annual leave or leave without pay, at the employee's option. This is not intended to limit the City's right to take disciplinary action based on absenteeism.
J. 
Holidays during sick leave. Any holidays that fall during a period that an employee is on sick leave shall be charged as a holiday and not taken off the total accumulated sick leave.
K. 
Transfer based on medical condition. In the event that an employee provides medical certification that the employee is incapable of performing the duties of the employee's full- or part-time classification due to illness or injury, the City may transfer the employee in accordance with the Americans with Disabilities Act.
A. 
Vacation schedule. All full-time employees accrue vacation hours with pay according to the following schedule. Part-time employees who work an average of at least 24 hours per week, or a total of 1,248 hours in a year, accrue vacation hours at one-half the rate of full-time employees according to the following schedule:
Completed Years Of Service
Full-Time Vacation Hours Annually
Part-Time Vacation Hours Annually
0 through 4
80
40
5 through 9
120
60
10 through 18
160
80
19 or more
200
100
All department heads may receive up to 160 hours per year at the discretion of the City Manager until they reach 20 or more years of service at which time they shall receive the number of hours set forth above.
B. 
Vacation for new employees. New full-time and part-time employees accrue one week per year of vacation from their start date through December 31, prorated to accrue at 3.33 hours per month. While this leave will accrue, new employees may not take vacation during the first 120 days of employment unless approved by the City Manager. Thereafter, on January 1 the employee will accrue and be permitted to take vacation consistent with Subsection A of this section.
C. 
Vacation requests. Request for vacation leave is submitted to the employee's department head. Vacation will be scheduled consistent with the operational needs of the department. Scheduling of vacation is subject to be changed at the discretion of the department head or City Manager in the event of changing circumstances or emergency needs. A maximum of five days' vacation may be scheduled between May 15 and September 15 of any year upon approval of the City Manager.
D. 
Vacation carry-over. Unused vacation may be carried over to the next calendar year to a maximum of an aggregate of 40 hours, except to the extent it is necessary to carry over vacation hours because the City does not permit the employee to take vacation hours.
E. 
Vacation upon retirement, resignation or termination. Unused earned vacation time at an employee's retirement, resignation, termination or death will be paid at the employee's current hourly rate. In the event of death of the employee, vacation pay shall be payable to the employee's estate. An employee may, however, forfeit the right to be paid for vacation leave if the employee is terminated for willful action contrary to the best interest of the City. Such action of the City Manager is appealable to the Commissioners. The standard of review is whether there is substantial evidence to support the City Manager's decision. If an employee uses vacation hours in excess of the hours earned as of the date of the employee's termination, the value of such hours shall be deducted from the employee's final paycheck. Each employee who takes leave in excess of hours earned shall, upon taking the leave, sign a document acknowledging that being able to use unaccrued vacation time is a benefit to the employee, and authorizing a deduction from pay for all used but unaccrued vacation.
F. 
Vacation compensation. Compensation due to an employee while on vacation will be given to such employee as requested on the vacation request form, except for compensation for eight hours or less, which will be paid with the employee's normal pay.
G. 
Holiday falling during vacation week. If any employee takes his/her vacation during a week in which one of the specified holidays occurs, the employee will be paid holiday pay and not be charged a vacation day for the holiday.
A. 
Bereavement leave: immediate family. In the event of a death in the immediate family of any employee, the employee shall be granted a maximum of five working days, with pay, not charged to any leave balance, to arrange for and/or attend funeral services or related matters.
B. 
Immediate family defined. "Immediate family" includes the employee's parent, stepparent, spouse, child, stepchild, grandchild, grandparent, sibling, parent-in-law, daughter-in-law, son-in-law or any relative who resides in the employee's household or any person with whom the employee has made his or her home.
C. 
Relatives outside immediate family. In the event of the death of an employee's aunt, uncle, first cousin, niece or nephew, paid leave of one day (as would have been worked, in the case of a part-time employee) will be granted to attend the funeral if the full- or part-time employee is scheduled to work on the day of the funeral.
D. 
Sick leave and holidays during bereavement leave. Payment for absences due to a death in the family will not be made in addition to sick leave payments, holidays or vacation which may occur simultaneously.
E. 
Request for additional bereavement leave. An employee may request additional time beyond the time provided in Subsection A or C. The City Manager may grant such additional time to be charged against the employee's sick leave.
A. 
Military leave. Employees who are members of the National Guard or a United States military reserve unit shall be granted up to 10 working days' military training leave each year.
B. 
Benefits during military leave. An employee on military leave shall receive benefits during the ten-day leave and compensation equal to the difference, if any, in the base salary as a guardsman or reservist and the salary the employee would have earned as an employee. The effect will be to maintain the employee's salary at the normal level during this period. A copy of the employee's military pay voucher shall be submitted with the request for pay differential compensation to the City Manager within 14 days of the end of the leave. If the employee's military duty exceeds 10 working days, such an employee will be granted an unpaid leave of absence.
C. 
Emergency military duty. If any employee is ordered to perform emergency military duty under the supervision of the United States government or the State of Delaware, a leave of absence without pay will be granted. The City will continue to pay fringe benefits during this tour of duty.
D. 
Military leave without pay. Any employee who is inducted or enlists for active military service in the United States Armed Services shall be granted a military leave of absence without pay and without fringe benefits. Such an employee shall notify the City Manager and provide a copy of the employee's orders as soon as possible. This leave shall extend for 90 calendar days beyond the termination of military service. If the employee applies for reemployment with the City Manager within the ninety-calendar-day period after honorable discharge from the military service consistent with federal law, the employee will be restored to the employee's former position without loss of seniority, status or reduction in pay. In the event that a position vacated by an employee entering the armed services no longer exists, job return rights shall be controlled by federal law.
The Family and Medical Leave Act (FMLA) was enacted on February 5, 1993, as a means of balancing the demands of the workplace with the needs of families, and promoting the stability, integrity and economic security of families in a manner that accommodates the legitimate interest of employers. The National Defense Authorization Act (NDAA) for FY 2008 amended FMLA. Reference to the FMLA refers to the FMLA as amended by the NDAA. FMLA entitles an eligible employee to take up to 12 workweeks of leave during any twelve-month period for certain family and medical reasons. FMLA maintains employees' preexisting group health insurance coverage during periods of FMLA leave and restores most eligible employees to their same or an equivalent position at the conclusion of their FMLA leave. The NDAA provides for up to 26 weeks of job-protected leave in certain circumstances. The following is a brief summary of the major provisions.
A. 
Eligibility.
(1) 
To be eligible for FMLA leave, employees must have worked at least one full year with the City and have actually worked 1,250 hours during the prior 12 months. In some circumstances pertaining to military service, the employment must not be continuous.
(2) 
Eligible employees are entitled to leave for one or more of the following reasons:
(a) 
For birth of a son or daughter of the employee, and to care for such newborn child, which must be taken within one year of the birth of the child;
(b) 
For placement with the employee of a son or daughter for adoption or foster care, which must be taken within one year of the placement of the child;
(c) 
To care for the employee's spouse (as defined by state law), son or daughter, or parent with a serious health condition;
(d) 
Because of a serious health condition that makes the employee unable to perform the functions of the employee's job;
(e) 
Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in the United States Armed Forces in support of a contingency operation; and
(f) 
To care for a covered service member with a serious injury or illness sustained in the line of duty if the employee is the spouse, son, daughter, parent, or next of kin of the service member.
(3) 
Employees who are husbands and wives and both eligible City employees are limited to a single twelve-month period for childbirth, adoption or placement of a child.
B. 
Qualifying conditions. A "serious health condition" entitling an employee to FMLA leave means an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider (a period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition) as defined in the FMLA. Employees with questions about what illnesses are covered under this FMLA policy are encouraged to consult with Human Resources.
C. 
Definitions. To determine who is covered under FMLA, the following definitions shall apply:
PARENT
A biological parent or an individual who stands or stood in loco parentis, meaning "in place of parent," to the employee when the employee was a child. (This does not extend to parent-in-law).
SON or DAUGHTER
Biological adoptive, step- or foster child, a legal ward, or a child of a person standing in loco parentis under age 18 or age 18 or older and incapable of self-care because of mental or physical disability.
SPOUSE
A husband or wife as defined or recognized under Delaware law for the purpose of marriage, including same-same sex marriage couples. (Delaware does not recognize common law marriages.)
D. 
Use of paid leave. FMLA leave is without pay, except the City may require an employee to use any available paid leave before using unpaid leave under the FMLA so that the total of paid and unpaid leave equals 12 weeks during a twelve-month period. When paid leave is used in lieu of unpaid leave, whatever paid leave is taken will count against the allowable FMLA leave. The twelve-month period is a rolling twelve-month period measured backward from the date leave is used by an employee. For example, if any employee uses nine weeks of FMLA unpaid leave beginning June 1, 1997, until June 1, 1998, such an employee only has three weeks of FMLA leave.
E. 
Notice and timing of leave.
(1) 
An employee ordinarily must provide 30 days' advance notice when the leave is foreseeable. A medical certification is required to support a request leave, and the City may require second or third opinions (at the employer's expense). FMLA runs concurrently with a person's sick leave and worker's compensation, and if applicable with the short-term disability waiting period.
(2) 
If circumstances require leave to begin in fewer than 30 days, the employee must provide such notice as is practicable. If an employee fails to provide reason for the leave, the leave may be denied. While on leave, employees are requested to report periodically to the City regarding the status of the medical condition and their intent and expected date to return to work.
(3) 
If an employee anticipates that leave will be needed based on planned medical treatment, the employee must make a reasonable effort to schedule the medical treatment, subject to approval of the employee's health-care provider, in a manner that does not unduly disrupt the City's operations.
F. 
Limit on childcare leave. Unpaid leave for birth, foster care or adoption of a child must be taken within one year of the birth or placement of the child.
G. 
Continuation of health insurance. Coverage under the applicable group health plan in effect on the day before the FMLA leave begins will be continued for the duration of allowed leave at the same level and under the same conditions that coverage would have been provided if the employee had not taken FMLA leave. If an employee is normally required to pay a portion of the group health benefit premiums, such an employee on FMLA leave is required to continue paying his or her portion of group health benefit premiums based upon a payment arrangement specified by the City. If an employee does not return to work after the employee's leave expires for 30 calendar days, for reasons other than the continuation, recurrence, or onset of a serious health condition of the employee or the employee's family, or any other circumstance beyond the control of the employee, the City will be entitled to seek reimbursement from the employee for any premiums it paid for maintaining coverage during the leave.
H. 
Job restoration.
(1) 
When an employee returns from FMLA leave, the City will restore the employee to the position of employment held when the FMLA leave commenced, or to an equivalent position that includes equivalent employment benefits, pay, seniority, and other terms and conditions of employment. There is no guarantee that the employee will be returned to the same position. However, the City reserves the right to withhold restoration of employment when allowed by law. This may occur when, for example, an employee would not have otherwise been employed at the time reinstatement is requested.
(2) 
If intermittent leave or leave on a reduced schedule is requested for qualifying conditions, the City may require the employee to transfer temporarily to an available alternative position, when the alternative position will offer the same pay and benefits.
(3) 
An employee's failure to notify the City of availability for work, an employee's failure to return to work when called by the City after becoming available to work, or an employee's continued absence from work after leave expires may be deemed a voluntary termination of employment with the City.
I. 
Temporary transfer. In the situation of a request for intermittent leave or leave on a reduced schedule, the City may temporarily transfer the employee to an alternate job with equivalent pay and benefits if the employee is qualified for the position and it better accommodates recurring periods of leave than the employee's regular job.
J. 
Certification.
(1) 
A request for medical leave must be supported by a written certification issued by the employee's health-care provider. Likewise, a request for family care leave must be supported by a written certification issued by the health-care provider of the family member.
(2) 
The City may ask for certification of the serious health condition. The City will use the United States Department of Labor Form WH-380, the Certification of Health Care Provider, to obtain this certification. The employee should respond to this request within 15 days or provide reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. The City will request medical certification in writing as part of the employer's response to an employee's request for leave.
(3) 
The City reserves the right, in requiring certification from a health care provider, to provide a statement of the essential functions of the employee's position for the health care provider to review. A sufficient medical certification must specify what functions of the employee's position the employee is unable to perform so that the City can then determine whether the employee is unable to perform one or more essential functions of the position.
(4) 
The City reserves the right to ask for a second opinion from a physician or facility of its choice. If the City requests a second opinion, the cost of the second opinion will be paid for by the City. In order to resolve a discrepancy between the first and second opinions, a third opinion will be required which will be mutually agreed upon by the employee and the City. The cost of a third opinion will be paid by the City and will be the final determination of the employee's condition.
(5) 
The City reserves its right to require subsequent recertifications on a reasonable basis.
(6) 
With respect to family leaves involving care for a covered family member or service member, the certification must include a statement that the employee is needed to care for the family member and an estimate as to the amount of time the employee is needed to care for the family member.
(7) 
For requests for intermittent or reduced leave schedules, the certification shall also include the expected duration and schedule of the intermittent or reduced leave schedule.
A. 
Jury duty. Employees called for jury duty will be given a leave of absence with pay (at the rate of pay for a regular forty-hour workweek) for the duration of their service on the jury. If such an employee is dismissed from jury duty at least three hours prior to the end of the employee's work day, the employee shall report to work. For example, if an employee who normally works from 8:30 a.m. to 4:30 p.m. is dismissed from jury duty at 1:00 p.m. or earlier, the employee shall promptly return to work for the balance of the workday. This obligation to work applies both at the end of the employee's jury duty and on each day during the employee's jury service.
B. 
Job-related court appearance. When an employee is required to appear in court on off-duty hours, including grand jury time, in connection with the performance of duty as a City employee, the employee shall, commencing at the time the employee reports for duty, receive pay for four hours or the actual time (including time spent meeting with attorneys, witnesses, etc.), whichever is greater, at 1 1/2 times the regular rate for such time. In no event shall an employee receive premium court time pay for regular duty hours.
C. 
Court appearance: leave without pay. Leave time without pay shall be granted for court attendance when an employee is the defendant or is engaged in personal litigation, unless such actions are a result of an act performed as a part of the employee's duties as a City employee; provided, however, that an employee will not be paid for court attendance if the employee is pursuing a claim against the City.
A. 
Leave to respond to fire calls. Any employee who is an active volunteer firefighter with the Volunteer Fire Company of Rehoboth Beach may, with the approval of the employee's department head, in consultation with the City Manager, be permitted to respond to fire calls during regular business hours without loss of pay, vacation, sick leave or personal leave credit.
B. 
Leave for training. Any employee may be granted administrative leave of absence with pay to participate in or obtain training courses, sessions, conferences or seminars and to engage in any other similar job-related activity. Such leave will be granted only if the absence will not interfere with the City's operating efficiency. Traveling expenses, lodging, conference fees, tuition and similar expenses incurred during such leave may be paid by the City at the discretion of the City Manager. Requests for such leave shall be submitted through the department head to the City Manager.
C. 
Discretionary leave. Any employee desiring leave of absence without pay shall secure approval from the City. Approval of leave without pay for a period up to five workdays must be obtained in writing from the employee's department head. Requests for leave in excess of five days must be approved by the City Manager. As a general policy, unless other arrangements are approved, annual leave or sick leave, if applicable, must be exhausted before discretionary leave without pay will be granted.
A. 
Full-time employees.
(1) 
The City of Rehoboth Beach's medical health insurance plans provide coverage to full-time employees. If the cost of a health insurance plan increases annually by 4% or less, the City will increase its contribution in an amount equal to the increase in cost. If the cost of a plan increases by more than 4%, the City and the employee will split the cost of any increase in excess of 4% up to an increase of 12% in cost. If, for example, the increase in cost is 8%, the City will cover 6% of such an increase, and the employee will cover 2% of such an increase. If the increase in the cost of such a plan is in excess of 12%, the City will cover the increase in excess of 12%.
(2) 
With respect to dental, the City will continue to cover the cost for employee coverage. If an employee elects to purchase employee and child(ren), employee and spouse, or family coverage, the employee is responsible for the additional cost of such coverage.
B. 
Coverage for new employees. Coverage for a new employee shall commence on the first day of the month immediately following the employee's date of hire.
C. 
Retirees.
(1) 
Persons who retire from City employment may elect to receive health insurance benefits during the period of their retirement according to the provisions of this section. In order to be eligible for the continuation of health insurance benefits, a person who retires from City employment, at the date of such person's retirement, must have obtained the age of 60 years and must have been employed by the City for a minimum of 25 continuous years prior to the date of retirement. The City shall pay all or a portion of the premium for eligible retirees who elect health insurance in accordance with the following formula:
Years of Service
City's Share
Age of Retirement
25
50%
60
26
60%
60
27
70%
60
28
80%
60
29
90%
60
30
100%
60
(2) 
When a retiree eligible for benefits under this section reaches age 65, Medicare shall become the primary health insurance provider, and the premiums paid by the City for such a retiree's health insurance shall be reduced accordingly in that the City's health insurance plan will then be excess to Medicare.
D. 
Health insurance plan subject to change. The health insurance plan provided by the City is subject to change from time to time by the Commissioners. The health insurance plan provided to eligible retirees shall be the same as that provided to active employees from time to time. No retiree has any vested right to have the health insurance plan in effect at the date of retirement continue unchanged during the period of retirement, but rather the City may from time to time increase or decrease coverage or abolish the health insurance plan altogether.
A. 
The City shall furnish each full-time employee with life insurance of $75,000. In addition, each employee shall have accidental death and dismemberment insurance of an additional $75,000.
B. 
Each full-time employee who leaves his/her employment with the City after April 1, 2008, and who has reached the age of 60 years old, with a minimum of 20 years of consecutive service, shall receive life insurance of $37,500. The amount of life insurance provided to any employee pursuant to this subsection shall not be increased if the Commissioners, subsequent to the date the employee leaves his/her employment with the City, adopt an amendment to this subsection, increasing the amount of life insurance furnished to newly retired employees.
The City provides full-time employees dental coverage. The City may change or abolish the dental plan.
The City shall provide each full-time employee short-term and long-term sick and accident insurance coverage from an insurance carrier licensed in the State of Delaware. Benefits shall be as set forth in the policy of insurance. The disability insurance plan is subject to change from time to time by the Commissioners, including elimination of such coverage.
Upon retirement from City employment, an employee shall receive retirement pay in accordance with the following schedule:
Years of Service
Retirement Pay
More than 20
$750
Less than 20 but more than 15
$500
Less than 15 but more than 10
$250
Less than 10
A. 
Participation in thrift plan. After a six-month waiting period, full-time employees shall be eligible to participate in the thrift plan made available by the City.
B. 
Cost of administration. The City shall pay the cost of administration of the thrift plan.
C. 
Employee contribution. Each employee may make an annual contribution to the employee's thrift plan ranging from 2% to 18% of the employee's compensation as defined in the thrift plan.
D. 
City contribution. Effective January 1, 2019, each year the City shall make a contribution to the employee's thrift plan up to a maximum City contribution of 6% of the employee's base compensation as defined in the thrift plan.
E. 
457(b) plan. The City has a 457(b) plan, the terms of which are set forth in the plan documents.
F. 
Vesting of City contribution. The City contributions are vested in accordance with the following schedule:
Percentage
Years of Service
20%
2
40%
3
60%
4
80%
5
100%
6
Employees may request direct deposit of paychecks to any bank they choose. Requests for direct deposit shall be made through the payroll coordinator in the City Administrative Office. The City will direct deposit employee paychecks if requested to do so by the employee in writing and if the bank designated by the employee agrees to accept direct deposit of paychecks.
Employees shall be covered by the State of Delaware Unemployment Insurance Act.
A. 
Worker's compensation payments. Worker's compensation payments administered by the Division of Worker's Compensation of the Department of Labor and Industry are for the purpose of offsetting the loss of income suffered by an employee who is injured on the job. If permitted by law, the employee may supplement worker's compensation payments with the disability insurance issued by the City. In no case will the total amount of moneys received be greater than 100% of the employee's normal pay. Regardless of the severity, employees who are injured or become ill on the job must immediately report such injury or illness to a supervisor or the City Manager.
B. 
Light duty. Employees injured as a result of a work-related accident resulting in a workers' compensation claim may be placed in a light-duty assignment.
A. 
Testing. In addition to drug testing of employees due to incident or due to reasonable suspicion, the City may engage in random drug and alcohol testing of employees engaged in safety-sensitive activity, including assignment to a position requiring a commercial driver's license. All drug testing will be performed in accordance with the Omnibus Transportation Testing Act, as amended (the Act).
B. 
Prohibited activities. All employees are prohibited from engaging in the following activities:
(1) 
The possession, distribution, consumption or being under the influence while on duty or in a City-owned or -leased vehicle of any illegal nonprescription drugs, any prescription drugs not prescribed to the employee, or drugs prescribed to the employee in a dosage or amount that exceeds the dosage or amount prescribed for the individual by a licensed physician;
(2) 
The possession, distribution, or consumption of alcohol while on duty, or having a blood alcohol concentration of 0.02 or greater while on duty or in a City-owned or -leased vehicle;
(3) 
Placing, possessing or allowing the placement of any unauthorized alcoholic beverages, illegal drugs or prescription drugs not prescribed to the employee in any City vehicles or equipment; or
(4) 
The refusal to submit to an alcohol or drug test as defined by and required by the Act.
C. 
Disciplinary action. Each employee who engages in any of the activities prohibited under Subsection B shall be subject to disciplinary action as follows:
(1) 
If an employee's test for alcohol shows a blood alcohol concentration of 0.05 or greater, the employee will have to take a second test. This test must be taken within seven calendar days of the date when the employee is given the written results of the test. The employee will not be able to return to work until testing negative. This unworked period will be without compensation. Before the employee is subject to discipline up to and including discharge, the City may require follow-up testing as required by a substance abuse professional. Such retesting cannot be more frequent than six times within the next twelve-month period from the employee's most recent positive test. If within a two-year period a follow-up test or another testing reveals a blood alcohol concentration of 0.05 or greater, the employee shall be subject to termination.
(2) 
If an employee tests positive for illegal nonprescription drugs, any prescription drugs not prescribed to the employee, or drugs prescribed to the employee in a dosage or amounts that exceeds the dosage or amounts prescribed for the individual by a licensed physician, the employee has 72 hours to request that the split sample be submitted for testing. During the period of time the split sample is being tested, the employee shall be relieved of duty with pay until the results are determined. If the split sample also tests positive, the employee shall be subject to discipline, up to and including termination. If the employee is not terminated, the City may require follow-up testing as required by a substance abuse professional. Such retesting cannot be more frequent than six times within the next twelve-month period from the employee's most recent positive test. If within a two-year period a follow-up test or another testing reveals the presence of illegal nonprescription drugs, the employee shall be subject to termination.
D. 
Random testing. Each employee assigned to a position requiring a commercial driver's license or otherwise engaged in safety-sensitive activity may be tested for alcohol content or the use of illegal nonprescription drugs. Such tests will be conducted on a random, unannounced basis in accordance with the Act.
E. 
Reasonable suspicion. An employee shall be tested for alcohol content and/or the use of illegal nonprescription drugs, prescription drugs not prescribed to the employee, or drugs prescribed to the employee in a dosage or amounts that exceeds the dosage or amounts prescribed for the individual by a licensed physician if the employee's supervisor (two supervisors, if available) has reasonable suspicion to believe an employee is under the influence.
F. 
Post accident. Each employee involved in a traffic accident while operating a City vehicle shall be tested.
G. 
Refusal to submit to test. An employee who refuses to submit to a drug and/or alcohol test is deemed to have tested positive if the employee:
(1) 
Fails to provide an adequate breath sample without a valid medical explanation after the employee receives notice of the requirement of breath testing;
(2) 
Fails to provide an adequate urine sample for testing without a valid medical explanation after the employee has received notice of the requirement for urine testing;
(3) 
Fails to provide an adequate blood sample for testing without a valid medical explanation after the employee has received notice of the requirement for blood testing; or
(4) 
Engages in conduct that clearly obstructs the testing process.
H. 
Cost of tests. The City shall pay for the cost of the initial testing for alcohol and illegal nonprescription drugs, as well as the testing of the split sample. The employee shall pay the cost of any testing required before the employee can return to work after having been suspended without pay for testing positive. Once an employee returns to work after suspension without pay for testing positive, the City shall pay for any test.
I. 
Positive alcohol test (0.02 to 0.05). Each employee whose test indicates a blood alcohol concentration of greater than 0.02 but less than 0.05 shall:
(1) 
On the first occurrence, be suspended for eight hours without pay.
(2) 
On the second occurrence, which occurs within five years of the first occurrence, be suspended for 40 hours without pay.
(3) 
On the third occurrence, which occurs within five years of the first occurrence, be subject to termination.
J. 
Prescription or nonprescription medication. If an employee is taking prescription or nonprescription medication in the appropriate dosage and quantity (as applicable) manner, and tests positive because of taking that prescription or nonprescription medication, the employee shall not be disciplined.
A. 
Complaint defined. "Complaint" means any unresolved question or dispute arising out of the employment relationship with the City.
B. 
Process. Complaints shall be processed in the following manner:
(1) 
If an informal discussion with the employee's immediate supervisor does not resolve the complaint, the employee may, within 10 days after the employee should have reasonably become aware of the circumstances giving rise to the complaint, submit a written complaint to the employee's department head. The complaint shall be signed by the employee and shall state: the date of the alleged event(s) which give rise to the complaint; the facts pertaining to the complaint; and the remedy requested. Upon receiving the complaint, the department head shall make a determination in writing within 15 days.
(2) 
If the employee is not satisfied with the department head's determination, the employee may, within 10 days from receipt of the determination, request a meeting with the City Manager. After investigating the complaint, the City Manager shall make a determination in writing within 10 days. The decision of the City Manager shall be final.
A. 
Establishment of Committee.
(1) 
In order to establish better communications with all City employees, an Employee Committee is established to discuss with the City Manager matters pertaining to employment conditions. The Committee shall be composed of one bargaining unit member from the Police Department, one nonbargaining unit employee from the Police Department and one member from each of the following departments:
(a) 
Administrative Department.
(b) 
Parking Meter Department.
(c) 
Public Works Department.
(d) 
Sewer Department.
(e) 
Water Department.
(f) 
Building and Grounds.
(g) 
Building and Licensing.
(h) 
IT Department.
(2) 
Each employee selected to be a member of the Committee shall serve a term of one year and may be reelected for two additional one-year terms, after which the employee shall be ineligible for election for a period of one year. Each department shall also select an additional employee who shall be an alternate member of the Committee and shall attend meetings of the Committee in the absence or inability of the member from that department to attend.
B. 
Committee meetings. The Committee shall meet at the call of the City Manager during regular working hours and shall meet no less frequently than one time during each calendar quarter.
A. 
Employee rights. The City is committed to providing equal employment opportunity and a work environment free of unlawful discrimination and/or harassment. Such a work environment is essential to the ability of the City to maintain an effective and productive workforce. Thus, the City maintains a strict policy, as provided by law and set forth in this section, prohibiting all employees from engaging in discrimination or harassment in all areas of employment, including hiring, training, promotion, termination, benefits, compensation and other terms of employment. More specifically, this section prohibits harassment based on an individual's race, color, creed, religion, political affiliation, sex, sexual orientation, national origin, genetic information, marital status, military status, age, gender identity or disability, because they were a victim of a sexual or violent offense, or stalking, or any other category protected by law.
B. 
Coverage. All employees are expected to comply with and shall be protected by this section in all work-related settings or activities.
C. 
Definition of harassment. Harassment is verbal or physical conduct based on an individual's race, color, creed, religion, political affiliation, sex, sexual orientation, national origin, genetic information, marital status, military status, age, gender identity or disability, or because they were a victim of a sexual or violent offense, or stalking, which has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile or offensive work environment. In addition, sexual harassment also includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when submission to such conduct is an explicit or implicit condition of employment, or submission to or rejection of such conduct is used as a basis for employment decisions.
D. 
Enforcement. The City will make every reasonable effort to ensure that its actions, and those of its agents and supervisory employees, are free from prohibited harassment of employees and applicants for employment, and will take appropriate corrective action if the City has knowledge of such harassment. The City will also take appropriate corrective action if the City, its agents or supervisory employees know of harassment of any employee or applicant for employment by any nonsupervisory employee. In order for the City to fulfill its responsibilities, supervisory employees must:
(1) 
Assure employees that all forms of harassment are prohibited, that management, with concern for confidentiality, will conduct a prompt and thorough investigation of reported and suspected occurrences of harassment and that the City will, if warranted, take appropriate corrective action;
(2) 
Inform the City Manager of all reported or suspected occurrences of harassment; and
(3) 
Reject any offer or promise of sexual favors made by any employee or applicant for employment in anticipation of or in exchange for some employment decision and advise such an employee or applicant for employment that such exchange violates the City Code and will not be condoned.
E. 
Employees and applicants for employment. Any employee or applicant who feels harassed, or who knows of or suspects the occurrence of harassment, is responsible for informing the City Manager, Mayor or member of the Personnel Committee, in writing, of the facts regarding such harassment so the City may promptly and thoroughly conduct an investigation. An employee or applicant for employment who reports an occurrence of harassment will be informed that a prompt, confidential investigation will be conducted, that, irrespective of the conclusions reached as a result of the investigation, there will be no retaliation for reporting such an occurrence, and that appropriate corrective action, if warranted, will be taken. Corrective action may include suspension or termination.
F. 
Investigations.
(1) 
All complaints of harassment will be investigated by the City Manager, Mayor and/or members of the Personnel Committee with or without assistance from outside legal counsel. During the investigative process, any employees and/or related parties who may have knowledge of either the incident in question or similar problems may be questioned in the matter. Confidentiality will be maintained throughout the investigation process to the extent practical and appropriate under the circumstances.
(2) 
Any employee having found to have committed an act of unlawful harassment is subject to written warning, suspension, or termination from employment, depending on the nature of and/or severity of the misconduct.
(3) 
The City of Rehoboth Beach will not retaliate, nor will it tolerate retaliation, against employees who complain in good faith about harassment in the workplace. Retaliation is a serious violation of this harassment policy and should be reported immediately. The City of Rehoboth Beach will investigate any such report and will take appropriate disciplinary action.
(4) 
All employees and supervisors have a duty to cooperate in the investigation of alleged harassment. Failure to cooperate or deliberately providing false information during an investigation shall be grounds for disciplinary action, including termination.
G. 
Continuing education. Each employee of The City of Rehoboth Beach will participate in an annual training session on what is considered harassment and outline the procedures to follow if an employee feels they have been harassed. Additionally, on an annual basis, supervisors will be trained to recognize harassment when it occurs and to know their responsibilities of how to handle complaints.
A. 
Overview. The purpose of this policy is to outline the acceptable use of computer equipment at the City. These rules are in place to protect the employee and the City. Inappropriate use exposes the City to risks including virus attacks, compromise of network systems, incidental release of sensitive data, and legal issues. These systems are to be used for business purposes in serving the interests of the City, and of our constituents in the course of normal operations. It is the responsibility of every employee to know these guidelines, and to conduct their activities accordingly.
B. 
Scope. All computer-related systems, including but not limited to computer equipment, software, operating systems, storage media, network access, electronic mail, WWW browsing, and FTP access, are the property of the City. This policy applies to all computer-related systems and their use.
C. 
Policy.
(1) 
General use and ownership.
(a) 
Users should be aware that the data they create on the corporate systems remains the property of the City.
(b) 
We reserve the right to inspect any and all files stored on company systems and storage media, and to monitor data transmitted on the internal network.
(c) 
The City has software and systems in place that monitor and record all internet usage. These security systems are capable of recording (for each and every user) each web site visit and each email message into and out of our internal network, and we reserve the right to do so at any time to ensure compliance with this policy. No employee should have any expectation of privacy as to his or her internet usage.
(d) 
The City's facility and computing resources must not be used to violate the laws and regulations of the United States or any other nation, or the laws and regulations of any state, city, province, or other local jurisdiction in any material way.
(e) 
The City retains the copyright to any material posted to the internet by any employee in the course of his or her duties.
(f) 
Employees accessing the internet must take particular care to understand the copyright, trademark, export, and public speech control laws, so that our use of the internet does not inadvertently violate any laws which may be enforceable against the City.
(g) 
Viewing or otherwise accessing illicit material is strictly forbidden.
(h) 
No employee may install, reinstall, or uninstall any operating system without prior approval from the IT Department.
(i) 
The city retains the licenses to all software it purchases.
(2) 
Security and proprietary information.
(a) 
Employees may not download entertainment software or games or play games over the internet.
(b) 
Employees may not download images or video unless there is an express business-related use for the material.
(c) 
Employees may not upload or transfer any software licensed to or by the City or data owned or licensed by the City without express authorization.
(d) 
File sharing programs (P2P) of any kind are prohibited.
(e) 
Downloading of software applications is permitted for business use only.
(f) 
All software must be properly licensed. No employee may knowingly download, distribute or participate in the use of pirated software.
(g) 
Hosting files for access from the internet from home or for public viewing is not allowed; this includes using Windows remote desktop feature.
(h) 
Employees shall take all necessary steps to prevent unauthorized access to confidential information.
(i) 
Employees shall keep passwords secure and not share accounts except in areas deemed necessary and appropriate by management. Users will be required to change their passwords periodically.
(j) 
Executing any form of network monitoring which will intercept or collect data for which the employee is not the intended recipient is expressly prohibited.
D. 
Consent to monitoring.
(1) 
All employees accessing any City network or email account shall be required to sign an acknowledgment, which will be kept in the personnel file, that they are on notice that the City's security software may record, store, and monitor the electronic email messages sent and received, the internet address of any site visited and all electronic activity.
(2) 
The form of the acknowledgment referenced in the prior subsection shall state as follows:
The City of Rehoboth Beach is hereby giving notice to all employees that use of its electronic data, computer equipment, software, operating systems, storage media, network access, electronic mail, WWW browsing, FTP access, phones, and voice communications systems are subject to monitoring and recording. I understand that all electronic communication systems and all information transmitted by, received from, or stored in these systems are the property of the City of Rehoboth Beach. I also understand that I have no expectation of privacy in connection with the use of this equipment or with the transmission, receipt, or storage of information in this equipment.
I acknowledge and consent to the City of Rehoboth Beach monitoring my use of equipment at any time at its discretion. Such monitoring may include (but is not limited to) printing, storing, disseminating and reading all e-mail entering, leaving, or stored in these systems as well as listening to my voice-mail messages in the ordinary course of business.
By signing this statement I acknowledge that I have received and read, and I understand, the team member handbook and agree to abide by these guidelines and those stated in the handbook. I also specifically agree I have read and agree to be bound by all terms set forth in the handbook and this Acceptance Form.
Employee Name
(Please Print)
Date
Employee Signature
The City will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation and/or if the accommodation creates an undue hardship to the City. All questions concerning this policy and requests for accommodation should be directed to the City Manager.
A. 
Purpose and scope.
(1) 
The City of Rehoboth Beach recognizes that the role of technology is constantly expanding. In particular, social media tools (i.e., Facebook, Twitter, etc.) are seen as ways to improve communication and interactivity between City government and the public. This policy sets forth general guidelines that must be adhered to with respect to utilization of social media sites for official City of Rehoboth Beach purposes. This policy may be amended from time to time and these guidelines may be supplemented by more specific administrative procedures and rules as may be issued.
(2) 
This policy is designed to provide consistency and transparency regarding the use of social media by City departments and authorized agents who create or contribute personally or professionally to any kind of social media owned and operated on behalf of the City.
(3) 
The most appropriate uses of City social media fall generally into two categories:
(a) 
As tools for disseminating time-sensitive information as quickly as possible.
(b) 
As marketing/promotional channels which increase the City's ability to broadcast messages to the widest possible audience.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATOR
An employee or designee authorized to manage a social media page's setting, approve or deny membership requests when applicable, and create or change account login information.
AUTHORIZED AGENT
An employee or designee authorized to post social media content on behalf of the City or a City Department.
POSTS
A piece of writing, image, or other item of content published online, typically on a blog or social media site.
SOCIAL MEDIA SITES
Websites and applications that enable users to create and share content or to participate in social networking. These include, but are not limited to, forums, social networking, video and photo sharing, weblogs, micro-blogging, discussion boards, online wikis, and other websites that allow individuals or companies to publish or share content with other users.
UNAUTHORIZED AGENT
An employee or designee that has not been authorized to post social media content on behalf of the City or a City Department.
C. 
Applicability. This policy applies to all City officials and employees.
D. 
General guidelines.
(1) 
First Amendment.
(a) 
The First Amendment provides individuals with the right to engage in protected speech without government interference. If a municipality establishes a social media site to communicate with the public about agency business, the First Amendment will apply to the comments and posts made by others on that site. For these reasons, an authorized agent cannot delete, hide or block posts or people based solely on the content of a message. However, the City of Rehoboth Beach reserves the right to adopt rules on public comments so long as the rules do not implicate protected speech.
(b) 
Comments will be screened for the following:
[1] 
Commercial advertising.
[2] 
Discriminatory comments.
[3] 
Links to third-party sites.
[4] 
Personal attacks, insults or threatening language.
[5] 
Anything in violation of federal, state, and/or local law.
(c) 
Anyone posting on a City of Rehoboth Beach social media site is acting as an agent of the City and thus, their posts are not personal and belong to the City of Rehoboth Beach.
(d) 
Public employees have the right to exercise their First Amendment speech rights, to comment on working conditions, and to speak on matters of public concern. As a general rule, however, social media posts that fall more into the category of an individual gripe about the employee's job or supervisor will not be considered protected and thus could result in discipline and even termination by the Appointing Authority. In addition, an employee is expected to engage with his/her supervisor, department head, Human Resources Administrator and/or their appointing authority before resorting to social media when they have concerns about a workplace situation.
(2) 
City policies. All City of Rehoboth Beach authorized agents shall be trained regarding the terms of this policy, including their responsibilities to review content submitted for posting to ensure compliance with this policy. Where appropriate, the City's information technology security policies shall apply to all social media sites and articles.
(3) 
Consistency.
(a) 
Each social media site operated on behalf of the City shall specify the purpose and topical scope of the site. Social media sites should link back to the official City website for forms, documents and other information and not become a substitute for the City/department website. Furthermore, all social media sites shall clearly indicate that the City maintains them and have the City of Rehoboth Beach contact information prominently displayed. Nonemergency and emergency contact information for the department should also be published. Communication through social media sites should not be used for emergencies.
(b) 
The use of the City of Rehoboth Beach logo is encouraged as a social media profile picture; however, in the event that another picture is found to be more appropriate, it may be used after approval from the appointing authority.
(4) 
Endorsement. No City or Department social media site can endorse or otherwise cite (either with approval or disapproval) vendors, suppliers, clients, citizens, coworkers or other stakeholders. In accordance with the Participation in Political Activity section of the Employee Policy Manual, authorized agents may not engage in political activity during working hours and may also not engage in political activity aimed at coworkers on City-owned property being used as a work area. City employees shall not use a title unless they are doing so in an official capacity or on an official site.
(5) 
Professional use.
(a) 
Only authorized agents may post content to social media sites on behalf of the City or a department.
(b) 
Authorized agents may not disclose any confidential or proprietary information acquired by way of their official position with the City. This restriction applies whether the information is disclosed on professional or personal social media accounts, or by any other method. Any unauthorized agent found posting to the City's social media sites will be subject to corrective action determined by the appointing authority and in accordance with the Employee Policy Manual.
(c) 
Do not use personal social media accounts for work purposes. This is to facilitate compliance with public records laws and protect information on your personal accounts from public disclosure. Authorized agents should always consider whether it is appropriate to post an opinion online, commit a department to a course of action, or discuss areas outside of their expertise.
(d) 
Authorized agents will not use social media (i.e., responding to comments and messages or posting content) after normal City Hall hours of operation without prior approval from the appointing authority or department head. In certain circumstances, this is considered overtime, and failure to obtain prior authorization may be cause for corrective action.
(6) 
Personal use.
(a) 
City email addresses should not be used for social media in personal capacities. For example, personal Facebook or Twitter accounts should not be created using cityofrehoboth.com email accounts. Employees who utilize a personal social media account shall avoid communicating that they are a City of Rehoboth Beach employee or state in their profile that their comments are not representative of City of Rehoboth Beach government.
(b) 
Whether or not you specify on your personal social media accounts that you work for the City, your employment with the City is public record. Be mindful that whenever you discuss issues online, whether in a personal or professional capacity, your comments can be tied back to your employment with the City of Rehoboth Beach. For this reason, be mindful that social media engagement is appropriate and in accordance with the City's Employee Policy Manual.
E. 
Roles and responsibilities.
(1) 
Appointing authority will:
(a) 
Evaluate and approve all social media channels.
(b) 
Maintain a list of approved social media sites that will be utilized by the City.
(c) 
Maintain an up-to-date list of account login information for all approved social media sites.
(d) 
Reinforce brand standards that are representative of the City of Rehoboth Beach.
(e) 
Have final authority to decide what content will be edited or removed from a department's social media page.
(f) 
Determine appropriate disciplinary action, in accordance with City human resources policies, if any authorized agent is found in violation of this policy.
(g) 
The appointing authority will designate a primary and secondary administrator for each social media account operated on behalf of the City.
(2) 
Departments will:
(a) 
Determine whether social media is the right fit.
(b) 
Identify goals of the department's communication and/or marketing efforts and whether or not an email newsletter or event page would be a better tool.
(c) 
Oversee and manage social media pages in use by authorized agents.
(d) 
Designate and train authorized agents in proper use of social media; refer to this policy.
(e) 
Provide the appointing authority with an up-to-date list of social media pages and account login information for the purpose of emergency management.
(f) 
Change social media passwords if authorized agents are removed as administrators or leave City employment.
(g) 
Follow necessary precautions to ensure that content posted to a City's social media site can be managed by authorized agents or administrators only.
(h) 
Manage records retention of social media.
(3) 
Authorized agents will:
(a) 
Uphold standards and values when representing a department on social media sites.
(b) 
Effectively monitor social media sites by answering questions or flagging concerns when appropriate.
(c) 
Use social media accounts during normal City Hall hours of operation unless given permission by the appointing authority or a department head.
(d) 
Analyze effectiveness of social media sites and make recommendations to the department for continuous improvement.
F. 
Public records.
(1) 
All City of Rehoboth Beach communications, including social media sites, are public records and thus must be managed in compliance with applicable local, state and federal laws, regulations and policies including the Delaware's Freedom of Information Act (covering Open Meeting Law), Public Records Law, and Public Records retention schedules, copyright law and other applicable City policies.
(2) 
Social media content must be able to be managed, stored and retrieved to comply with these laws.
(3) 
Additionally, once content is posted on a social media site, it should stay posted, unless it is removed for one of the reasons set forth under the First Amendment section above, or it is changed to fix spelling or grammar errors.
G. 
Violations and penalties.
(1) 
Employees violating this policy may be subject to disciplinary action in accordance with City policies, departmental operating procedures and/or collective bargaining agreements.
(2) 
If you have questions regarding appropriate use of this policy, please contact your supervisor, the Human Resources Administrator or your respective appointing authority.
(3) 
Each employee shall sign a statement, which shall be included in the personnel file, as follows:
I, _____, acknowledge that I have received and read a copy of the City of Rehoboth Beach Social Media Policy.
Employee Signature
Date