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By-law No. 2002-098 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2002-98 BEING A BY-LAW TO ADOPT A NON-UNION PERSONNEL POLICY AND TO REPEAL BY-LAW NO. 98-17 AS AMENDED WHEREAS the Council of the Municipality of Bayham recognizes the need for a clear and concise set of policies concerning personnel management; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the Non-Union Personnel Policy be confirmed and adopted by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to repeal By-law No. 98-17 and amendments thereto; THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT effective upon passage the Non-Union Personnel Policy attached hereto as Schedule "A" and forming part of this By-law is hereby adopted as the policies and procedures in the management of non-union personnel for the Municipality of Bayham. 2. THAT this Non-Union Personnel Policy By-law may be amended from time to time as directed and deemed necessary by the Council of the Corporation of the Municipality of Bayham. 3. THAT By-law 98-17 and any and all amendments thereto are hereby repealed; 4. AND THAT this by-law shall come into full force and effect upon final passing, with the exception of Section 1.9, Overtime provisions which commence January 1, 2003. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19114 DAY OF DECEMBER 2002. MAY CL RK 4/2.. co Municipality of Bayham Non-Union Personnel Policy July 2002 INTRODUCTORY STATEMENT This document is intended to inform the employees of the rights, privileges and benefits of their employment with the Municipality of Bayham and what the Municipality of Bayham expects of them with regards to these conditions. Revised information may supersede, modify, or eliminate existing policies. The Council of the Municipality has the ability to adopt any revisions to the policies as they deem necessary. All such revisions will be communicated through official notices. The Mayor and Council will retain overall responsibility for personnel management through the Administrator for the Municipality of Bayham. Council will be responsible for setting policy for the management of the Municipality's resources and for determining priority in their execution. Staff will be responsible for ensuring that these policies are implemented. This policy covers regular non-union full and part-time employees of the Municipality of Bayham, its local boards, commissions and any appointments made by Council. Once policies are approved and priorities are ordered, staff will carry these forward without Council interference. Council will not become personally involved in the Municipality's administrative work nor in the operation of it's equipment. Staff will be expected to keep Council informed of any changes in the ordered priorities as dictated by unusual circumstances. 1 1.0 EMPLOYMENT CONDITIONS/WORK HOURS 1.1 Hours of Work • Office/Clerical Staff Normal hours of work for full time office/clerical staff will be 8.30 a.m. to 4:30 p.m. Monday to Friday inclusive. A normal working day shall consist of 7 working hours and a normal working week of 35 working hours. Outside Non-Union Employees The normal hours of work for "outside" non-union positions shall be : Public Works Superintendent 7:00 a.m. to 3:30 p.m. Monday to Friday inclusive and Water/Wastewater Superintendent 8:00 a.m. to 4:30 p.m. Monday to Friday inclusive. A normal working day shall consist of 8 working hours and a normal working week of 40 working hours. • Other Individual work schedules may be required for some positions. Such working schedules shall be communicated to those employees in writing. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. 1.2 Flexible Time Flexible scheduling, or flextime, is available in some cases to allow employees to vary their starting and ending times each day within established limits. Arrangements must be approved by the Department Head and Administrator. Issues such as staffing needs, the employees performance, and the nature of the job will be considered before approval of flextime. Employees should consult their supervisor to request participation in the flextime program. (Note: Flextime is not time off in lieu of overtime) 1.3 Rest and Meal Periods In each working day, an employee shall be permitted at such times as may be designated by their supervisor, the following: a) One 15 minute rest period in each of the morning and afternoon; b) For office personnel, a one hour lunch period , which shall be taken between 11:30 a.m. and 2:00 p.m., at a time agreed to by the supervisor; c) For outside employees, a one-half hour lunch period , which shall be taken between 11:30 a.m, and 2:00 p.m., at a time agreed to by the supervisor. 1.4 Timekeeping All non-union staff shall submit timesheets. Employees should accurately record the time actually spent performing assigned duties. They shall also record any departure from work for personal reasons (as approved by their supervisor), vacation or holiday time, and sick Ieave. Employees' shall sign their time records to certify the accuracy of all time recorded, and the supervisor shall review and initial the time record before submitting it for payroll for processing. 2 1.5 Payday Employees will be paid bi-weekly with the pay period beginning on a Thursday and ending on the 2nd Wednesday following. Each employee will be provided a statement of earnings and deductions for the payroll period. In the event that a regularly scheduled payday falls on a day off such as a holiday, employees will receive pay on the last day of work before the regularly scheduled payday. Salaried employees shall be paid on the basis of their annual salary divided by the number of pays in each year. 1.6 Pay Advances The Municipality does not provide pay advances on wages to employees. 1.7 Administrative Pay Corrections In the event that there is an error in the amount of pay, an employee should promptly bring the discrepancy to the attention of their supervisor. Any required corrections will be made as quickly as possible. 1.8 Pay Deductions The Municipality must make certain deductions from every employee's remuneration, including applicable Federal and Provincial income taxes, Employment Insurance, and Canada Pension, to the amounts stipulated by legislation_ Membership in OMERS is mandatory, and amounts as directed by the plan are deducted from each employee's pay. Where the Municipality offers programs and benefits beyond those required by law, eligible employees may voluntarily authorize deductions from their pay cheques to cover the costs of participation in these programs. 1.9 Overtime Support Staff i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All eligible time shall be calculated to the nearest '/2 hour upwards or downwards. iii) All overtime will be paid at 1 1/2 times regular pay. iv) Where an employee is called in to work overtime, the employee is entitled to have the applicable overtime rate. Employees called in shall receive a minimum of the higher of their of their overtime rate, or four hours regular pay. v) An employee may bank time to a,maximum of 70 hours per year in lieu of overtime (or 80 hours for employees required to work 40 hours per week). 3 Senior Staff i) No overtime shall be worked except as authorized by the Administrator. Emergency situations do not require prior approval, however, all emergency overtime shall be reported to the Supervisor as soon as practical. ii) All overtime shall be recorded at straight time. iii) Senior staff will not be paid overtime except as approved by Council. iv) The positions of Administrator, Treasurer, Clerk, Planning Co-ordinator/Deputy Clerk, Chief Building Official/Drainage Superintendent, Public Works Superintendent, Water/Wastewater Superintendent and Fire Chief, may bank such overtime (at straight time) to a maximum of 70 hours (80 hours for those positions required to work 40 hours per week). Such time must be used within the calendar year, and may not be carried over. For"on-call" positions (Public Works Superintendent and Water/Wastewater Superintendent), approved overtime in excess of 80 hours within a calendar year shall be paid at straight time. i.10 Vacations All vacation weeks and pay shall be based on the calendar year, and must be earned in advance. Regular full-time employees shall be eligible for vacation entitlement as follows: Vacation Entitlement Years of Eligible Service (at Jan 1s1) Vacation Entitlement(for that year) Less than One Year 1 day per month service to a maximum of 10 One year Two weeks 5 years Three weeks 10 years Four weeks 15 years Five weeks 20 years Six weeks A vacation week shall consist of the regular scheduled work week for that employee. Part time and Contract employees shall be eligible for vacation time or pay pursuant to the Employment Standards Act. Vacation time is paid at the employee's base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. Upon termination of employment, employees will be paid for unused vacation time that has been earned through the last day of work. 4 Vacation must be taken as time off. No cash payment in lieu of vacation time will be made. Vacation credits of up to one week may be carried over into the subsequent calendar year, if approved by the Administrator. Vacation Scheduling To take vacation, employees must request advance approval from their supervisors. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Up to two weeks may be taken at one time. More than two weeks may be taken only with approval of the Administrator. When a specified paid holiday, falls during the vacation period, one additional day shall be granted at a time convenient to the Municipality and the employee. 1.11. Statutory Holidays Each employee is entitled to a holiday with pay on each of the following days: New Year's Day Thanksgiving Day Good Friday Remembrance Day* Easter Monday Christmas Day Victoria Day Boxing Day Canada Day Civic Holiday Labour Day *Note: The Municipality may designate Remembrance Day as a"Floater"in order to maintain office hours. To be eligible for holiday pay, employees must: a) work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday, and b) have earned wages on at least twelve days (including vacation time and time off in lieu of overtime) during the four weeks immediately preceding the day the holiday is observed. Holiday pay will be calculated based on the employees straight-time pay rate (as of the date of the holiday)times the number of hours the employee would otherwise have worked on that day. A recognized holiday that falls on a Saturday may be observed on the preceding Friday. A recognized holiday that falls on a Sunday may be observed on the following Monday. If eligible employees work on a recognized holiday, they will receive holiday pay plus time off in lieu of hours worked on the holiday. 5 Floating Holidays In addition to the holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year's Day shall constitute additional paid holidays at normal rates, provided however, that Christmas and New Year's half holidays will be observed on the working days preceding the respective holidays except when Christmas Day and New Year's Day falls on Saturday, Sunday, or Monday in which case the half holiday will be observed on the preceding Friday afternoon. Additionally, employees shall be granted 2 1/2 days off with pay for the period between Christmas Day and New Year's Day. The exact dates to be taken off shall be at the discretion of the Administrator. 1.12 Rates of Pay/Salary Administration The salary ranges for each position shall be as specified from year to year by Council, as on Schedule "A-1". Salary Administration procedures shall be as specified on Schedule "A-2" 1.13 Discipline/Termination/Problem Resolution Progressive Discipline The Municipality and the employee have the right to terminate employment, with or without cause. The Municipality may use progressive discipline at its discretion. Disciplinary action may call for any of four steps - verbal warning, written warning, suspension with or without pay, or termination of employment - depending on the severity of the circumstance(s) and the number of occurrences. There may be circumstances that are serious enough to warrant suspension or termination of employment without proceeding through each of the identified progressive discipline steps. Problem Resolution If a situation occurs when employees believe that a condition of employment or a decision affecting them is unjust or inequitable, they can express their concern through the problem resolution procedure, using the following steps. No employee will be penalized, formally or informally, for using the problem resolution procedure. The employee may discontinue the procedure at any step. Step 1. Employee presents issue to immediate supervisor after incident occurs. In a situation where it would be inappropriate to contact that person, the employee may present the issue to the Administrator, or, if the immediate supervisor is the Administrator, to Council care of the Mayor. Step 2. Supervisor responds to the issue, during discussion or after consulting with appropriate management when necessary. Supervisor documents discussion. 6 Step 3. Employee may present issue to Administrator if unresolved. Step 4. The Administrator reviews and considers issue, assists in putting problem in writing, visits with employee's manager(s), if necessary. Administrator provides written response. Employee may present issue to Council for review if issue remains unresolved. Step 5. Council reviews and considers problem. Council informs employee of decision and forwards copy of written response to the Administrator for employee's file. Council has full authority to make any adjustment deemed appropriate to resolve the matter. 7 2.0 EMPLOYMENT BENEFITS The following shall be the benefit plan for all regular full-time and part-time employees. The Corporation shall contribute it's share of premiums for the specified benefits commencing the first full month following completion of any applicable probationary period. Contributions to OMERS shall commence effective the first day of employment. All benefits shall be subject to the rules of the benefit carrier. Temporary and Contract employees shall receive statutory benefits only unless specified otherwise in individual employment contracts. 2.1 Sick Leave Entitlement All full-time employees shall be entitled to 12 days sick leave in each calendar year, to be used strictly for personal illness or non-occupational accident. Refer to Section 4.2 for notification requirements. Sick leave credits cannot be accumulated beyond the year in which they were earned and will have no cash value on either termination or retirement. Employees starting after the first of the year will have their sick leave prorated based upon one day per full month of service. A regular employee shall be entitled to use up to four (4) days per calendar year from his/her accumulated sick leave entitlement to attend to spouse, child or parent on special or compassionate grounds which are medically related. 2.2 Short-term Disability Short-term disability income will be paid after sick leave entitlements pursuant to Section 2.1 have been utilized. Short-term disability benefits due to illness or non-occupational accident will be paid for a period of continuous absence up to 119 calendar days at 75% of the employee's regular pay. Each separate period of absence, of any duration, will be treated as a new absence for purposes of short-term disability. The cost of this plan will be paid 100%by the Municipality of Bayham. Each employee who has completed their probationary period shall be eligible for the program. 2.3 Long-term Disability A Long-term Disability Plan (L.T.D.) provides regular employees with 66.7% of basic monthly earnings (to a maximum of$4,000 per month, payable up to age 65) after the initial period of 119 days during which time short-term disability coverage, as described in Section 2.2 above, will be in effect, The cost of this plan will be paid 100% by the Municipality of Bayham. Each employee who has completed their probationary period shall be eligible for the program. To be eligible for LTD benefits, an employee must have a medically determinable physical or mental impairment that prevents the employee from performing the regular duties of their position. 8 2.4 Income Protection for Employees Injured on the Job An employee who is injured while at work and as a result of such injury is certified by a medical doctor as unfit to complete the working day, shall receive pay at the regular rate for time lost on the day that such injury is sustained and no deduction will be made from sick leave credits with respect to that particular working day. Where an employee is absent from work as a result of an illness or injury compensable under the Workers' Compensation Act, and is in receipt of Worker's Compensation, the following applies: • Income protection for regular and part-time employees injured on the job shall be in accordance with the provisions of this policy. • Income protection for temporary or casual employees injured on the job shall be in accordance with the provisions of the Workers' Compensation Board. Regular or part-time employees on occupational medical leave shall have the employee benefits they have at the time they become ill or injured administered on the following basis: i) full premiums for life protection, health protection and long-term disability will be waived, or ii) the Municipality will meet the cost of the Municipality's normal share of these premiums for a period of thirty-six (36)months from the original date of illness or disability. 2.5 Life Insurance and Accidental Death and Dismemberment Two times annual salary for the current year rounded to the next $1,000 (maximum $200,000), reduced 50% at age 65. Premiums to be paid 100%by employer. 2.6 Extended Health Care Plan Single or family coverage, to include Drugs (no deductible), Semi-private hospital, ambulance service, nursing, out of Province coverage, hearing aids. Premiums to be paid 100% by employer. 2.7 Vision Single or family coverage, of$175 toward the cost of eyeglasses and/or contact lenses not more than once every 24 months. Premiums to be paid 100%by employer. 2.8 Dental Plan Single or family coverage, Plan 9 or equivalent at current less two years Ontario Dental Association Fee Guide. Premiums to be paid 100%by employer. 9 2.9 Pension Retirement income administered by and in accordance with the provisions of the Ontario Municipal EmpIoyee's Retirement System (OMERS) is compulsory for every regular employee of the Municipality from date of hire. This plan is integrated with the Canada Pension Plan. The deduction made from the employee is matched by the municipality monthly and forwarded to the Ontario Municipal Employee's Retirement System. 2.10 Miscellaneous a) Safety CIothing Allowance The Municipality of Bayham will allow $200.00 per calendar year to the Chief Building Official, Wastewater& Waterworks Superintendent, and the Public Works Superintendent to assist with the purchase of safety footwear. The payment shall be made upon submission of the appropriate receipt. b) Mileage Employees using personal vehicles while on business for the Municipality shall be reimbursed at the rate established by Council policy from time to time. c) Meal Reimbursement Employees may claim for meal reimbursement where: the department head has approved the meal, and - the employee is involved in a meeting or seminar where such employee cannot bring their lunch, or - the meeting is away from the Municipality, or the meeting is during and includes lunch as a business lunch d) Professional Membership Dues Where approved by the Administrator, membership dues for professional associations required or directly related to job duties may be reimbursed by the Municipality 2.11 Benefits for Retirees Regular employees who retire early from the Municipality of Bayham may, if they so choose, purchase group life insurance and/or health insurance at the municipal group rates until they reach their 65 birthday. Premiums will be paid to the insurance carrier by the Municipality after receiving the premium payment from the retired employee. 10 3.0 EDUCATION/TRAINING 3.1 Seminars, Conventions, Conferences The Municipality of Bayham shall offer the following financial assistance to staff attending approved seminars, conventions or conferences: a) Transportation expenses, including parking, of delegate to and from the seminar, convention or conference. If delegate drives his own car, he shall be paid at the mileage rate as set by Council policy. If the employee travels by train or plane, a receipt is required. b) All registration fees levied by the seminar, convention or conference. c) Two hundred and twenty-five ($225.00) per diem, where the seminar, convention or conference requires overnight accommodations, for each actual day/night of the convention or conference, for accommodation, food and miscellaneous expenses (e.g. where a conference requires attendance the day prior to commencement, arrive on Sunday for Monday, and the conference ends on Wednesday the delegate shall receive 3 per diems) d) Twenty-five dollars ($25.00) for attendance at a day seminar where lunch is not provided to cover food and parking. 3.2 Educational Assistance The Municipality may provide educational assistance to all eligible employees who have completed 90 calendar days of service in an eligible employment classification. To maintain eligibility, employees must remain on the active payroll and be performing their job satisfactorily through completion of each course_ Reimbursement of educational costs is contingent upon submission of proof of the successful completion of each course. All courses must receive approval prior to the commencement of the course. An employee will obtain approval from his/her Department Head. While educational assistance is expected to enhance an employees performance and professional abilities, the Municipality cannot guarantee that participation in formal education will entitle the employee to automatic advancement, a different job assignment, or pay increases. 11 4.0 LEAVES OF ABSENCE 4.1 Personal Leave of Absence ▪ A personal leave of absence under this policy is defined as a permitted leave of an employee without pay. • A personal leave of absence without pay may be granted to an employee for valid reasons. The employee is required to make advance application, in writing, to his/her immediate supervisor who shall review the request with the Department Head involved. • A personal leave of absence may be granted for a period of not more than 30 calendar days. In the event an employee wishes to use a personal leave of absence to extend a pregnancy/parental leave, this period may be extended to not more than 90 calendar days. Extensions, in the 30 calendar day leave of absence, for all other personal leaves of absence will be considered only for very unusual circumstances and may be granted only upon approval of the Department Head and the Administrator and in the case of the Administrator, Council. • While an employee is on authorized leave of absence without pay, maintenance of employee benefits will be administered on the following basis: i) In the event the leave of absence exceeds 10 working days, coverage may be maintained at the employee's expense for group life protection, health protection, and income protection with the understanding that if the leave of absence exceeds I0 working days, the sick leave credit and vacation accumulation for that month shall be forfeited. ii) If the employee wishes to maintain the benefit coverage noted above, arrangements, in writing, are to be made prior to commencement of the leave and payment of the total premium involved is to be made prior to or during the leave. iii) No OMERS contributions will normally be made by either the Municipality of Bayham or the employee, but the employee may arrange with OMERS to contribute for the broken serve on behalf of both the employee and the Municipality of Bayham, subject to OMERS regulations. 4.2 Sick Leave A medical leave of absence shall normally be granted to employees who are absent from work because of a disability due to sickness or injury unrelated to work. In order to qualify for short- term disability income, employees are required to notify their immediate supervisor of their inability to be at work because of sickness or disability. If absent from work due to illness, the employee shall notify their supervisor within 30 minutes of the normal starting time, on the first day of absence. If the supervisor is unavailable, the employee shall inform another person in the Department, who shall be instructed to convey the message to the supervisor. 12 Any employee who is absent from work for reason of illness, shall provide a medical certificate to their supervisor when requested. Failure to comply with this section may result in forfeiture of pay, suspension or discharge from employment. If an employee is on a medical leave of absence defined above, the benefits enjoyed by the employee at the commencement of the absence shall continue in effect. 4.3 Long Term Disability Leave Regular employees on long-term disability leave shall have their employee benefits administered on the following basis: i) Either full premiums for life protection, health protection and long-term disability will be waived or the municipality will meet the cost of the municipality's normal share of these premiums for a period of 24 months from the original date of illness or disability. ii) No OMERS contribution will be made by either the municipality or the employee while the employee is on longer-term disability since provision is made under the OMERS plan for a disability pension or waiver of deductions during the period of disability. 4.4 Pregnancy and Parental Leave A pregnancy/parental leave of absence without pay shall be granted to all employees in accordance with the relevant provincial legislation. While an employee is on pregnancy/parental leave, maintenance of employee benefits will be administered on the following basis: i) Coverage may be maintained at the employee's expense for: life protection, health protection and income protection. ii) If the employee wishes to maintain the benefit coverage noted above, arrangements are to be made with the Municipality prior to commencement of the leave and payment of the total premiums involved are to be made directly to the municipality prior to or during the leave. iii) No OMERS contributions will normally be made by either the Municipality or the employee,but the employee may arrange with OMERS to contribute for the broken service on behalf of the employee and the Municipality. In the event an employee wishes to extend a pregnancy/parental leave, the employee may make application in accordance with Section 4.1. 13 4.5 Bereavement Leave Leaves of absence shall be granted for attending the funeral and for bereavement purposes commencing the first day following the death, as follows: • Five (5) working days immediately following the death of a spouse, child or step-child. • Three (3) working days immediately following the death of a parent, grandchild, grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or parent of the employee's current spouse. • Two (2) working days, to attend the funeral of the sister, brother, or grandparent of the employee's current spouse. • One (1) working day, to attend the funeral of an aunt or uncle, fellow employee, a close friend or to serve as a pallbearer. Paid leave of absence in respect of bereavement will only be allowed for days on which the employee has been scheduled to work. 4.6 Time Off to Vote If, due to employment commitments, employees are unable to vote in an election during their non-working hours, the Municipality will grant up to four hours of paid time off to vote. 4.7 Jury Duty An employee who is required to serve as a juror or subpoenaed as a witness in any court in Ontario, shall be granted a leave of absence for the days on which the employee would otherwise have been scheduled to work. The employee shall be excused from work for that part of each day that the employee shall actually render serve as a juror or as a witness. Upon completion of his jury duty or witness service, such employee shall present to his Department Head a satisfactory certificate showing such period of service. Such employee will be paid his regular earnings for the period of such jury or witness service provided he shall deposit with the Treasurer of the Corporation the full amount of compensation received, excluding mileage and travelling expense, an official receipt therefore. If the employee presents himself for selection as a juror and is not selected, then he shall be required to return to his regular employment to complete his remaining normally scheduled work period. 14 4.8 Witness Duty If employees have been subpoenaed or otherwise requested to testify as witnesses by the Municipality, they will receive paid time off for the entire period of witness duty. Employees will be granted a maximum of 24 hours of paid time off to appear in court as a witness at the request of a party other than the Municipality. Employees will be paid at their base rate, and are free to use any remaining paid leave benefits (such as vacation leave) to receive compensation for any period of witness duty absence that otherwise would be paid. The subpoena should be shown to the employee's supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court schedule permits. 15 5.0 OTHER EMPLOYMENT REGULATIONS 5.1 Introductory Period The introductory period for a new employee shall start on the date in which the employee commenced full or part-time employment with the Municipality. Introductory periods shall be six months for department heads, and three months for all other positions. Introductory periods may be extended for one additional period of up to six months for department heads and three months for all other positions. 5.2 Retirement An employee shall retire on the last day of the month of such employee's 65th birthday An employee may retire early under applicable OMERS regulations. 5.3 Use of Vehicles and Equipment When using vehicles and equipment, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Employees shall also notify the supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair. The improper, careless, negligent, destructive, or unsafe use or operation of vehicles, as well as excessive or avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. Vehicles or equipment owned, leased, or rented by the Municipality may not be used for personal use without prior approval. 5.4 Visitors in the Workplace For safety and security reasons, only authorized visitors are allowed in the workplace. All visitors should enter the Office at the Main Entrance. Authorized visitors will receive directions or be escorted to their destination. Employees are responsible for the conduct and safety of their visitors. If an unauthorized individual is observed in the Municipality's work areas, employees should immediately notify their supervisor or, if necessary, direct the individual to the Administrator. 5.5 Computer and E-Mail Usage Computers, computer files, the E-mail system, and software furnished to employees are the Municipality's property intended for business use. Employees should not use a password, access a file, or retrieve any stored communication without authorization. 16 The Municipality prohibits the use of computers and the E-mail system in ways that are disruptive, offensive to others, or harmful to morale. The display or transmission of sexually explicit images, messages, and cartoons is not allowed. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-colour jokes, or anything that may be construed as harassment or showing disrespect for others. Employees may only use software on the local area network or on multiple machines according to the software license agreement. The Municipality prohibits the illegal duplication of software and its related documentation. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment. 5.6 Performance Evaluations Performance evaluations are conducted at the end of any employee's introductory period, and annually thereafter. The evaluation process shall include a review of the job description, an evaluation prepared by management/supervisor, with an opportunity for review and comment by the employee, and negotiated objectives for the next following evaluation. Results of the evaluation process will be a factor in determining placement on the approved salary grid. 5.7 Job Classification/Reclassification Refer to Salary administration procedures in Schedule "A-2" 5.8 Equal Opportunity Employer It is the objective of the Municipality to provide equal employment opportunities without discrimination because of a person's race, ancestry, place of origin, colour, ethnic origin, citizenship, Creed, sex, sexual orientation, age marital status, family status, or handicap. 17 6.0 CODE OF ETHICS The purpose of a code of ethics for municipal employees is to foster common understanding of the fundamental rights, privileges, and obligations of employees. A code of ethics serves as a statement of principles of integrity, honesty, and impartiality, and recognizes that a municipal public employee has a responsibility to uphold these principles. 6.1 Hiring of Relatives Relatives of persons currently employed by the Municipality may be hired only if they will not be working directly for or supervising a relative. Employees cannot be transferred into such a reporting relationship. For the purposes of this policy, a relative is defined as a spouse, common-law spouse, child, common-law spouse's child, mother, father, brother, sister, grandchild, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, common- law spouse's mother, father-in-law, common-law spouse's father, grandparent, spouses grandparents, aunt, uncle. If the relative relationship is established after employment, the individuals concerned will decide who is to be transferred. If that decision is not made within 30 calendar days, management will decide. Notwithstanding this Section, all employees employed by the Municipality and in this situation at the time of adoption of this policy will be exempt from this Section. 6.2 Conflicts of Interest If a potential conflict exists because of an employee's personal or family interest in a property matter, a business dealing with the Municipality, or similar circumstance, the employer must be advised of the situation in writing. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of the Municipality of Bayham's business dealings. For the purposes of this policy, a relative is any person as defined in Section 6.1_ Once an employee has declared a conflict of interest, they will be removed from the decision making process relative to the interest that has been disclosed. 6.3 Outside Employment Employees shall not engage in any outside employment or business dealings that interfere with the performance of their regular duties, or from which they might derive personal benefit or gain by virtue of their employment with the Municipality. An employee may hold a job with another organization as long as he or she satisfactorily performs his or her job responsibilities with the Municipality. If the Municipality determines that an employee's outside work interferes with performance or the ability to meet the requirements of the Municipality as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain with the Municipality. 18 6.4 Confidential Information Information shall be released in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Employees shall safeguard and protect confidential business and personal information. Such confidential information includes, but is not limited to, the following examples: Compensation data Personnel information Collection Roll Taxpayer and User Accounts Financial information Labour relations strategies Legal Opinions and Briefs Pending projects and proposals Pending Land purchases and sales 6.5 Gifts and Benefits Municipal employees must refrain from accepting gifts and benefits from firms or individuals, and must not place themselves in a position where they are under obligation to favour an individual or firm. There may be a role for "moderate hospitality". Employees must consult with their supervisor to determine whether or not a specific gesture constitutes moderate hospitality. 6.6 Political Activity Employees shall refrain from direct involvement in a local government political campaign in the Municipality. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity with which they must discharge their duties. 6.7 Use of Property Employees must not use municipal property, equipment, supplies, or services for activities not associated with the discharge of official duties unless proper authorization is granted. Employees shall not use municipal property, equipment, supplies, or services for personal gain. 6.8 Compliance Supervisors shall ensure that staff are aware of and in compliance with the terms of the code of ethics. Failure to comply with the terms of this code of ethics may result in dismissal or other disciplinary action. 19 7.0 Harassment in the Workplace 7.1 Purpose The following establishes procedures that are to be followed by employees who feel they are being harassed and by supervisors or department heads who are expected to deal with the complaint. 7.2 Complaint Process A person who believes he or she is being harassed should: 1. Make it known that the action is unwelcome and will be reported unless it is stopped immediately. 2. Keep a written record of dates, times, and nature of behaviour and witnesses, if any. 3. If the harassment continues, speak to an uninvolved supervisor and confirm the complaint in writing to the uninvolved supervisor and/or the Administrator. 7.3 Investigation Procedure Management has the responsibility to respond immediately to complaints of harassment in accordance with the following steps: • Inform the complainant that an investigation is being conducted. • Interview both parties as soon as possible • Interview and witnesses. 6 Interview past and present employees, if necessary, to determine if harassment has occurred. • Warn all parties that all interviews and information must be kept confidential. ▪ Consult the Human Rights Commission, if necessary, before responding to the complaint. • Render the decision and discuss the findings with the alleged harasser. 7.4 Discipline If the allegations are found to have substance, then management may terminate the harasser immediately. If the allegations are found not to have substance, the investigator will maintain a confidential file on the allegations in the Administrators office. The complainant will be assured that there will be no recrimination because of the complaint. 20 8.0 Health and Safety Committee It is the policy of the Municipality to help establish a Health and Safety Committee. The membership, appointments, and procedures of such Committee shall be as established by Council from time to time, in accordance with the provisions of the Health and Safety Act. 21 9.0 Modified Work Policy To be developed 22 Schedule"A-1" Municipality of Bayhani Salar' Grid 2002 Grade Job Title Point Range Base Rate Step 1 Step 2 Step 3 Job Rate 9 Administrator 601 - 650 $ 32.83 $ 34.15 $ 35.51 $ 36.93 $ 38.40 s 551 - 600 $ 29.31 $ 30.48 $ 31.70 $ 32.97 34,28 7 Treasurer/Tax Collector 501 - 550 $ 26.17 $ 27.22 $ 28.30 $ 29.44 30.61 Wastewater/Water Superintendent/BLE 6 Public Works Superintendent 451 - 500 $ 23.37 $ 24.30 $ 25.27 $ 26.29 27.33 Fire Chief CBO/Drainage Superintendent s Planning Administrator/Deputy Clerk 401 - 450 $ 20,86 $ 21.70 $ 22.57 $ 23.47 24.40 Clerk 4 351 - 400 $ 17.98 $ 18.70 $ 19.45 $ 20.23 21.03 Administrative Assistant Financial Assistant 3 301 - 350 $ 15.51 $ 16.13 $ 16.77 $ 17.44 18.14 Accounting Clerk By-law Enforcement/Office Assistant 2 Customer Service Clerk 251 - 300 $ 14.36 $ 14.93 $ 15.53 $ 16.15 16.79 1 201 - 250 $ 13.29 $ 13.82 $ 14.37 $ 14.95 I5.54 1 Comm. Centre Manager 201 - 250 8,734.72 Notes: Rates are Hourly All positions 1820 hours per year excepting Wastewater/Water Superintendent/BL and Public Works Superintendent(2080 hours),Treasurer(1456)and Fire Chief(1092 hours) Planning Administrator/Deputy Clerk currently red circled(Range 822.95 to$26.99) Comm.Centre Manager rate annual since hours worked varies 23 Schedule "A-2" Salary Administration Procedures 1. Hire Rate Employees should be hired at the Base rate in the range for the job they fill, unless previous salary, experience, education, or other factors make that rate uncompetitive. 2. Information Employees should be told on hiring the Grade and rate for their job, their salary review date, and all salary information procedures that affect them. 3. Salary Review Dates a) The first salary review date for new employees shall be the completion of the probationary period and annually thereafter. b) Salary review dates for employees currently on staff shall be the established regular annual review date. 4. Salary Reviews a) Employees eligible on the basis of service and performance for movement to the next higher step in their range will, if merited, receive that increase effective the beginning of the calendar year, if recommended by the Department Head and approved by the Administrator. b) In cases where the Department Head wishes to reward particularly meritorious performance, he/she may recommend an increase of two steps, or recommend an increase to the next higher step before the annual review date. c) Where performance has been well below standard, the Department Head may recommend deferring any step increase for a specific period of time. At the end of the period, the performance must be reviewed again and a decision made regarding the increase recommendation(award or further defer) d) Should an increase be deferred more than twice, the employee may face discipline, up to and including termination, according to the Municipal Personnel Policies. 24 5. Promotions a) Employees promoted to a different position that is classified in a higher grade than their present job shall move to the Base rate in the new grade. In the case where the base rate is lower than the employees current rate, the employee may be placed on the first step within the new Grade that exceeds their current rate. b) The increase shall be effective on the date of the promotion, and subsequent step increases shall be based on the new salary review date as set out in Section 4. 6. New and Reclassifications a) When a new position is created, or duties of 'an existing position change sufficiently that a reclassification may be necessary, a new job description shall be written. b) The duties of the new or revised position shall be rated by the Administrator, using the Municipal point rating system. Based on this assessment, the position shall be placed in the appropriate Salary Grade. c) Employees whose positions are reclassified to a higher grade shall be moved to the step in the new grade which reflects their degree of proficiency with the added responsibilities, as assessed by the Administrator in consultation with the Department Head. d) The increase resulting from c) shall be effective on the date the reclassification is approved, but this will not change the existing salary review date. e) The salary of an employee whose position is reclassified to a lower grade shall be held at the existing level until the Step in the lower grade for the position reaches the existing salary through economic adjustments (red-circling). 7. Annual Structure Adjustment Each calendar year, Council may determine an adjustment to the Salary Grid to reflect economic conditions, comparable salaries, and other factors. The adjustment will be applied to all rates in the salary structure. S. Appeals Appeals against classifications and salary decisions shall be made according to Municipal personnel policies and the Pay Equity Act. 25 Municipality of Bayham Staff Organization Chart Administrator n I L f k l I I I Clerk Treasurer Planning Administrator/ C. .0./Drainage �i Water/Wastewater Public Works Superintendent Fire Chief Deputy Clerk Superintendent 1 Superintendent/By-law i i Enforcement , i L.... By-Law Enforcement! Public Works Foreman Station Chiefs(2) Office Assistant (Union) (Volunteer) Administrative Assistant - J Accounting Clerk , - Public Works Crew(6) Firefighters(35) (Union) (Volunteer) Financial Assistant Customer Service Clerk - 26