[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 are not in a temporary status and 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.
[Amended 7-21-2023 by Ord. No. 0723-02]
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.
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 they deem necessary
to the Commissioners. Such recommendations may consist of the addition,
abolition, consolidation, division or revision of existing position
descriptions.
[Amended 7-21-2023 by Ord. No. 0723-02]
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, at the discretion of the City Manager, be awarded a wage increase
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 for having possessed a CDL (of
any category) in the past may have their pay decreased if they 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 their
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 their side. There shall be no appeal from the City Manager's
decision.
[Amended 7-21-2023 by Ord. No. 0723-02]
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 they were 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.
[Amended 7-21-2023 by Ord. No. 0723-02]
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.
F.
Anti-nepotism.
No employee shall be involved in any way in an appointment, hiring,
promotion or supervisory decision, review, discipline, recommendation,
selection, or manner of influence concerning a close relative as defined
in the Code of Conduct [parents, spouse, children (natural or adopted)
and siblings of the whole and half-blood].
[Added 7-21-2023 by Ord. No. 0723-02]
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 as a full-time, part-time,
or seasonal employee with the Police Department as a sworn officer
shall, after a conditional offer of employment is extended, 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.
[Amended 7-21-2023 by Ord. No. 0723-02]
C.
Each
individual offered a job must complete and pass a drug test as a precondition
to the establishment of an employment relationship. Aside from safety-sensitive
positions where the use of medical marijuana cannot be accommodated,
reasonable accommodation will be made for positive results for medical
marijuana on the drug test. Accommodations will not be made for its
use, possession, influence, or transfer at work.
[Amended 7-21-2023 by Ord. No. 0723-02]
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 their 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.
[Amended 7-21-2023 by Ord. No. 0723-02]
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 their
own expense, the right to call witnesses in their defense, and the
right to testify in their defense.
[Amended 7-21-2023 by Ord. No. 0723-02]
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.
H.
Long-term
disability status. When an employee transitions to long-term disability
status, the employee's employment with the City shall be terminated
by operation of this Code provision. If at any time such employee
can return to work and perform essential job functions with or without
a reasonable accommodation, they are eligible for rehire with priority
status and may retain their previously completed years of service.
[Added 7-21-2023 by Ord. No. 0723-02]
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 shall be used pursuant to § 46-16K.
[Amended 7-21-2023 by Ord. No. 0723-02]
F.
Unscheduled on holidays. 911 Center dispatchers who are scheduled off on a holiday shall be entitled to receive eight hours of compensatory time in lieu of their regular pay. If an employee elects to take compensatory time, the holiday compensatory time shall be used pursuant to § 46-16K.
[Added 7-21-2023 by Ord. No. 0723-02[1]]
G.
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.
H.
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.
I.
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.
J.
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
|
K.
Compensatory
time. Compensatory time earned prior to (date TBD) shall not be lost.
Effective (date TBD) no employee may accrue compensatory time in excess
of 80 hours per employee. Any time accrued in excess of 80 hours per
employee shall be paid at the required rate (for example, if overtime,
at 1.5 of the standard hourly rate). By electing to receive compensatory
time instead of compensation prior to the work occurring, the employee
agrees to carry a compensatory time balance. An employee shall be
permitted to use compensatory time on the date requested unless doing
so would unduly disrupt the operations of the City. Upon termination
of employment, an employee shall be paid for unused compensatory time
at a rate of compensation not less than (1) the average regular rate
received by such employee during the last three years of the employee's
employment, or (2) the final regular rate received by such employee,
whichever is higher.
[Added 7-21-2023 by Ord. No. 0723-02]
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
Juneteenth - June 19
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
[Amended 7-21-2023 by Ord. No. 0723-02]
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
supervisor and must be approved prior to any leave. To be compensated
for vacation leave, the employee must request the time off more than
24 hours before the employee's start time. Failure to provide such
notice results in loss of pay for that day, except in emergencies,
as determined by the City Manager. 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.
[Amended 7-21-2023 by Ord. No. 0723-02]
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 their
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.
[Amended 7-21-2023 by Ord. No. 0723-02]
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 their home.
[Amended 7-21-2023 by Ord. No. 0723-02]
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.
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.
PARENT
SON or DAUGHTER
SPOUSE
Definitions. To determine who is covered under FMLA, the following
definitions shall apply:
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).
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.
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 their 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.
[Amended 7-21-2023 by Ord. No. 0723-02]
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 or chooses to enroll early in Medicare due to an eligible disability,
Medicare shall become the primary health insurance provider, and the
premiums paid by the City for such a retiree's health insurance will
be for a supplemental health insurance plan in excess to Medicare.
The City does not pay premiums for Medicare.
[Amended 7-21-2023 by Ord. No. 0723-02]
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 their 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 their employment
with the City, adopt an amendment to this subsection, increasing the
amount of life insurance furnished to newly retired employees.
[Amended 7-21-2023 by Ord. No. 0723-02]
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.
[Amended 7-21-2023 by Ord. No. 0723-02]
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 member from each of the following departments:
(a)
Administrative Department.
(b)
Parking Department.
(c)
Beach Patrol.
(d)
Wastewater Department.
(e)
Water Department.
(f)
Building and Grounds.
(g)
Building and Licensing.
(h)
IT Department.
(i)
Emergency Communications Dispatch.
(j)
Human Resources Department.
(k)
Parks and Recreation.
(l)
Streets Department.
(m)
The uniformed officers of the Police 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 semiannually. Meeting minutes will be prepared by the Executive
Assistant to the City Manager.
[Amended 7-21-2023 by Ord. No. 0723-02]
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 and agents 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. Protections are for employees, applicants, interns (paid
or unpaid), temporary employees and non-employees such as residents,
contractors, consultants, and vendors on work premises, in work-related
settings or activities, or who engaged to do business with the City.
Unlawful harassment is not limited to the physical workplace itself.
It can occur during business travel, or City sponsored events. Calls,
texts, emails, and social media usage by employees can constitute
unlawful harassment, even if it occurs away from the workplace or
outside normal working hours.
C.
Definition of harassment. Harassment is verbal (slurs, jokes, etc.),
graphic, 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 disability or other protected characteristic, 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 and applicants 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 agent 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.
Reporting. Any employee or applicant who feels harassed, or who knows
of or suspects the occurrence of harassment, shall inform 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. Employees who have management or supervisory
responsibilities are required to report any complaint that they receive,
or any harassment they observe to the City Manager, Mayor or member
of the Personnel Committee, in writing. 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. Individuals
who engage in sexual harassment may also be subject to liability both
criminally and civilly.
(3)
The City of Rehoboth Beach will not retaliate, nor will it tolerate
retaliation, against anyone reporting or thought to have reported
harassment. Retaliation against anyone for participating in an investigation
of harassment or against anyone thought to have participated in such
an investigation is prohibited. Discouraging anyone from reporting
claims or participating in investigations into claims of harassment
is prohibited. 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. To knowingly make false accusations
for malicious purposes may result in appropriate disciplinary action
determined on a case-by-case basis and on the circumstances of each
particular incident of false and malicious accusation.
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 their internet usage.
[Amended 7-21-2023 by Ord. No. 0723-02]
(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 their duties.
[Amended 7-21-2023 by Ord. No. 0723-02]
(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:
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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.
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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.
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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.
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Employee Name
(Please Print)
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Date
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Employee Signature
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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.
B.
ADMINISTRATOR
AUTHORIZED AGENT
POSTS
SOCIAL MEDIA SITES
UNAUTHORIZED AGENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
An employee or designee authorized to post social media content
on behalf of the City or a City Department.
A piece of writing, image, or other item of content published
online, typically on a blog or social media site.
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.
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.
(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 their
supervisor, department head, Human Resources Administrator and/or
their appointing authority before resorting to social media when they
have concerns about a workplace situation.
[Amended 7-21-2023 by Ord. No. 0723-02]
(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:
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I, _____, acknowledge that I have received and read a copy of
the City of Rehoboth Beach Social Media Policy.
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Employee Signature
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Date
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