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3151 To adopt a Personnel PolicyCORPORATION OF THE TOWN OF TILLSONBURG BY -:LAW NO. 3151 BEING A BY-LAW TO ADOPT A PERSONNEL POLICY WHEREAS the Council of the Town of Tillsonburg recognizes the need for a clear and concise set of policies concerning personnel management; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it advisable that the Personnel Policy be confirmed and adopted by by-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Personnel Policyattached hereto as Schedule "A" is hereby adopted as the policies and practices to be used in the management ofpel-sonnel; 2. THAT said Policy is attached hereto as Schedule "A" and forms a part of this by-law; 3. THAT by-law number 3121 and amendments thereto previously enacted by the Town of Tillsonburg pertaining to personnel policies is hereby repealed; 4. AND THAT this by-law shall come into force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME, PASSED, SIGNED, SEALED AND NUMBERED ON THIS THE 11TH DAY OF APRIL, 2005. �r Mayor — Stephen Molnar Clerk — Michael Graves THE TOWN OF TILLSONBURG PERSONNEL POLICY April 2005 Table of Contents Section No. And Title Page No. Introductory Statement 4 1.0 Employment Conditions 5 1.1 Hours of Work 5 1.2 Flexible Scheduling 6 1.3 Rest and Meal Periods 6 1.4 Timekeeping 6 1.5 Payday 6 1.6 I -lay Advances 6 1.7 Administrative Pay Corrections V 7 1.8 Pay Deductions 7 1.9 Overtime 7 1.10 Vacation 9 1.11 Holidays 10 1.12 Rates of Pay 11 1.13 Discipline/Termination/Problem Resolution 11 1.14 Termination of Employment 12 2.0 Employment Benefits 13 2.1 Sick Leave 13 2.2 Absence and Lateness Reporting/Call In 13 2.3 Personal Days 14 2.4 Short -Term Disability 14 2.5 Long -Term Disability 15 2.6 Income Protection for Employees Injured on the Job 15 2.7 Group Benefits 16 2.8 Pension 16 2.9 Miscellaneous 16 3.0 Educational Assistance 18 4.0 Leaves of Absence 18 4.1 Personal Leave of Absence 18 4.2 Sick Leave and Short -Term Disability Leave 19 4.3 Long -Term Disability Leave 20 4.4 Pregnancy, Parental Leave and Compassionate Leaves 20 4.5 Bereavement Leave 20 4.6 Time Off to vote 21 4.7 Jury Duty 21 4.8 Witness Duty 21 2 8.0 Health and Safety Committee 30 9.0 External Complaint Procedure 31 Form 1 Employee Acknowledgement Form & Non -Disclosure Agreement 33 Form 2 Employee Disclosure of Interest Form 34 Form 3 External Employee Complaint Form 35 Schedule A Personnel Policy Rates 36 3 Table of Contents Continued Section No. And title Pages 5.0 Other Employment Regulations 22 5.1 Probationary Period 22 5.2 Retirement 22 5.3 Use of Vehicles and Equipment 22 5.4 Visitors in the Workplace 23 5.5 Phone, Mail, Computer, Internet and E -Mail Usage 23 5.6 Performance Evaluations 24 5.7 Equal Opportunity Employer 24 5.8 Criminal Reference Checks 24 5.9 Recruitment 24 5.10 Workplace Security 24 5.11 No Pyramiding or Compounding 25 6.0 Code of Conduct 25 6.1 Hiring of Relatives 25 6.2 Conflict of Interest 26 6.3 Outside Employment 26 6.4 Confidential Information 26 6.5 .Media Relations 27 6.6 Gifts and Benefits 27 6.7 Political Activity 28 6.8 Distribution of Literature/No Solicitation 28 6.9 Use of Property 28 6.10 Infractions 28 6.11 Compliance 28 7.0 Discrimination and Harassment in the Workplace 29 7.1 Purpose 29 7.2 Investigation Procedure 30 7.3 Discipline 30 8.0 Health and Safety Committee 30 9.0 External Complaint Procedure 31 Form 1 Employee Acknowledgement Form & Non -Disclosure Agreement 33 Form 2 Employee Disclosure of Interest Form 34 Form 3 External Employee Complaint Form 35 Schedule A Personnel Policy Rates 36 3 INTRODUCTORY STATEMENT This document is intended to inform all employees of the rights, privileges and benefits of their employment with the Corporation of the Town of Tillsonburg (the "Town") and what the Town expects of them in respect of their employment. The Town is structured under the Chief Administrative Officer system of governance. The Mayor and Council will retain overall responsibility for personnel management through the Chief Administrative Officer for the Town. Council will be responsible for setting Policy for the management of the "Town's resources and for determining priority in their execution. The Director of Finance will assume responsibility for advising on human resource matters to ensure compliance with both federal and provincial legislation and policies and procedures adopted by municipal by-laws. Staff will be responsible for ensuring that these policies are implemented. This Policy covers full and part-time employees of the Town, its local boards, commissions and any appointments made by Council. Once policies are approved and priorities are ordered, staff will carry these forward. Council members will not become directly involved in the discharging of the Town's administrative functions or in the operation of its facilities and equipment. Staff will be expected to keep Council informed of any changes in the ordered priorities. This Policy is compliant with all primary labour and employment statutes including the Employment Standards Act, Human Rights Code, Workplace Safety and Insurance Act, Occupational Health and Safety Act, and Labour Relations Act. 0 1.0 EMPLOYMENT CONDITIONS/WORK HOURS y For purposes , g of this Policy, Regular Full -Time employees may be salary or hourly employees who are regularly scheduled to work at least 35 hours per week. Generally, Regular Full -Time g y employees are eligible for coverage under insured benefit programs arranged by the Town, p � g subject to the terms, conditions and limitations of each insured benefit program. f this Policy, Regular Part -Time employees are those who are regularly scheduled For purposes o y, g . than 3 5 hours per week in one or more positions. Regular Part-Tim.e employees are to work less not eligible for coverage under insured benefit program arranged by the Town. Regular Part - Time employees g any are eligible for insurances, required to be provided by statute, like employment insurance and workplace safety insurance. 1.1 Hours of Work The following is intended to define the normal hours of work for Regular Full -Time and Regular Part -Time employees. to . In describingthe normal hours of work, the Town is expressly not r employees of either specific hours of work or the number of hours of providing a guarantee top work. All hours ,J described are subject to be modified by the Town in accordance with its operational requirements. • Office Staff hours of work for Regular Full -Time employees employed in an office, clerical or Normal g engineering p Y capacity are 7 working hours per day exclusive of the unpaid meal period described in this Policyand a normal working week of 3 5 hours, exclusive of unpaid meal e for Dispatchers, whose normal hours of work shall be 12 working hours per day periods, save p � . aid meal periods(weeklyhours of work for dispatchers will vary) and exclusive of unp p p Customer Service Representatives whose normal hours of work shall be either 7 working hours per day or 11 working per hours day, exclusive of unpaid meal period(s) and a normal Y working week of 35 hours, exclusive of unpaid meal periods. • Operations Employees Normal hours of work for Regular Full -Time employees employed in an operations capacity, w employees which includes all em to ees other than employees employed in an office or clerical capacity, p y are 8 working per hours da exclusive of an unpaid meal period and a normal working week of 40 hours, exclusive of unpaid meal periods. • Part-time g Normal hours of work for Regular Part -Time employees will vary and maybe up to 35 hours per week from Sunday to Saturday inclusive. Supervisors w employees ill advise em to ees of the times of their working schedules, including the normal times of their working day. As described above, the Town's operational start and end g y requirements may necessitate temporary or permanent changes to start and end times to an ' working day,, temporary or permanent changes to the days of the week scheduled, as employees g Y, p Y well as temporary or permanent changes to the total number of hours that may be scheduled each day and week. 1.2 Flexible Schedu Flexible scheduling ("Flextime") is available for some positions to allow employees to vary their start and end times each. day within established limits. Both the Director and the employee's Supervisor/Manager must approve all Flextime arrangements. Requests for Flextime arrangements must be made directly to the employee's supervisor or manager. Approval of such requests lies whop within the discretion of the Town. without limiting its discretion, the Town a Y intends to consider, inter alfa, staffing and other operational requirements, the employees' performance, and the nature of the job before deciding on a request for a Flextime arrangement (Note: a Flextime arrangement 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 his supervisor, the following: a) Two 15 minute paid rest periods; and: b Office staff, except those described at paragraph b) i): a one-hour unpaid lunch period. i Customer Service and Dispatch: a one-half hour to one hour unpaid lunch, depending on the work schedule and as shall be determined by the employee's supervisor, and a one-half hour unpaid dinner period. c) Operations employees: a one-half hour unpaid lunch period. 1.4 Timekee yin All re are employees uired to submit timesheets on a weekly basis and in the form directed by q the Town. are Employees required to accurately record the time actually spent performing their p � assigned duties. Employees are also required to accurately record any departure from work, g including for personal reasons (as may be approved by their supervisor), vacation or public holidays and sick leave. The supervisor shall review and initial the timesheet(s) before submitting it for payroll processing. 1.5 Pajda_y Em lovees will be aid bi-weekly. . The payroll period begins on a Sunday and ends on the 2nd p � p Y Saturdayfollowing. Each employee will be provided a statement of earnings and deductions for g thepro aYll period. In the event that a regularly scheduled payday falls on a day other than regular business day for the Town, employees will receive pay on the last regular day of business prior to the regularly scheduled payday. 1.6 Pay Advances The Town does not provide pay advances on wages to employees. Cl 1.7 Administrative Pav 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 quickl)7 as possible. 1.� Ply Deductions The Town must make certain deductions from every employee's pay, including applicable Federal and Provincial income taxes, Employment Insurance premiums, and Canada Pension Plan contributions, in the amounts stipulated by legislation. In addition, membership in the OMERS Plan is mandatory, and amounts as directed by the Plan are deducted from each employee's pay. Where the Town offers programs, benefits and insurances beyond those required by law, eligible employees may be required to, or may voluntarily, authorize deductions from their pay to cover the costs of participation in these programs. 1.9 Overtime Office Staff (except for Dispatch Staff) i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest 1/4 hour upwards. iii) Employees will be paid overtime pay of one and one-half times their regular straight time rate of pay for all hours worked in excess of 40 hours in a week. iv) If agreed upon between the employee and the Town, an employee may be compensated for overtime hours worked by receiving one and one-half hours of paid time off work in lieu of overtime pay to a maximum of 70 hours of paid time off work in lieu of overtime pay in a calendary ear. Paid time off in lieu of overtime pay must be taken within three months of the workweek in which the overtime was earned, or 12 months if the employee and the Town so agree. v) All hours up to 40 hours in a week, whether or not an employee's normal hours of work are less than 40 in a week, will not attract overtime pay or be compensated as described in paragraph iv. Dispatch Staff i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest 1/4 hour upwards. iii) Employees will be paid overtime pay of one and one-half times the employee's regular straight time rate of pay for hours required to be worked by the Town outside of and in addition to the hours the employee is regularly scheduled to work. iv) If agreed upon between the employee and the Town, the employee will be permitted to bank time at one time the hours worked in excess of 40 hours per week, in the weeks the employee is scheduled to work 48 hours per week and attribute those hours, and receive pay for same, in the weeks that that the employee is scheduled to work 36 hours per week. All agreements made between the employee and the Town in this respect shall be in writing and shall 7 constitute an averaging agreement for purposes of the Employment Standards Act. v Given the nature of the position, Dispatch staff is paid 1.5 hours for their lunch periods. If the employee is unable to take lunch, an additional 1.5 hours are banked as in lieu hours. Operations Staff i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest 1/4 hour upwards. iii) Employees employed in the Operations Department, other than employees working in Hydro functions, former PUC and Works departments, will be paid overtime pay of one and one- half times their regular straight time rate of pay for all hours worked in excess of 40 hours in a week. Employees to work in Tillsonburg Hydro functions and employees of the former PUC will be paid overtime pay of two times their regular rate of pay for all hours worked in excess of 40 hours in a week. Employees in the Works department when called into work will be paid overtime pay for hours worked on a Sunday or statutory holiday at two times their regular rate of pay. iv) Employees attending to work for overtime hours, when called in, shall receive the greater of their actual hours worked at the overtime rate, or two hours pay at the appropriate overtime rate, which for employees working in Operations is two times their regular rate of pay. v) If agreed upon between the employee and the Town, an employee may be compensated for overtime hours worked by receiving one and one-half hours of paid time off work in lieu of overtime pay to a maximum of 80 hours of paid time off work in lieu of overtime pay in a calendar year. Paid time off in lieu of overtime pay must be taken within three months of the workweek in which the overtime was earned, or 12 months if the employee and the Town so agree. Senior Staff i) No overtime shall be worked except as authorized by the employee's supervisor or Chief Administrative Officer. ii) All eligible time shall be calculated to the nearest 1/4 hour upwards. iii) Employees listed in sub -paragraph iv (the "Senior Staff') shall not be eligible for overtime pay. iv) The positions of Chief Administrative Officer, Director of Finance, Director of Corporate Services, Director of Operations, Director of Community Services, Fire Chief and Deputy Fire Cht ef, and any other positions designated by employment contract shall receive one week in additional time off to compensate these employees for overtime worked up to 44 hours per week. Part-time Staff i) No overtime shall be worked except as authorized in advance by the employee's supervisor. ii) All authorized overtime shall be calculated to the nearest 1/4 hour upwards. iii) All overtime will be paid at one and one-half times the employee's regular straight time rate of pay for all hours worked in excess of 44 hours in a week. 0 CGeneral Rules Applying to Overtime 1n all cases. the Town reserves the right to schedule overtime. In most cases, the Town will first seek %r-otunteers from arnon:yst employees that are qualified to do the work. required. However, where there are no qualified volunteers, the Town will schedule employees for overtime. Employees who are so scheduled are expected to report for work except where extraordinary circumstances would prevent their attendance. Where an employee offers or is required to work overtime, and the Town approves such work in advance, the employee is entitled to be paid the applicable overtime rate. Subject to the terms of the Employment Standards Act, "hours worked" for the purposes of this Policy shall not include time taken for Personal Days for which the employee performs no work. 1.10 Vacation All vacation and vacation pay shall be based on the employee's anniversary date, and, generally, must be earned in advance. Unless varied by employment contract, Regular Full -Time employees shall be eligible for vacation and vacation pay in accordance with the following: Years of Eligible Service Upon initial eligibility (12 mos.) 4 years 10 years 18 years 25 years Vacation Entitlement Two weeks Three weeks Four weeks Five weeks Six weeks Vacation Pay 4% of wages earned 6% of wages earned 8% of wages earned 10% of wages earned 12% of wages earned A vacation week shall consist of the number of days in the employee's regularly scheduled workweek. Vacation is to be taken in weekly blocks unless the employee requests otherwise in writing and the Town agrees. In no case will the Town agree to vacation in less than a half day block. All part-time employees, irrespective of years of eligible service, shall be eligible for 2 weeks vacation and vacation pay equal to four per cent of the wages earned, excluding vacation pay. Vacation pay will be calculated on the regular wages earned by the employee during the twelve- month period for which the vacation is given. Regular wages do not include overtime pay or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. Employees entitled to 4% of wages as vacation pay shall have their vacation pay based on all wages, excluding vacation pay, earned during the period for which the vacation is given. Vacation must be taken as time off. No cash payment in lieu of vacation will be made. Generally, vacation days may not be taken in advance of being credited. If an employee requires vacation days prior to being credited with sufficient days, that employee may request and, at the 9 cl `,scretion of the Town, may be granted the vacation days requested. In no case will the Town approve request to take in excess of five days of vacation in advance of the days being earned. pp a Vacation credits of up to one week may be carried over into the employee's next vacation year, if approved by the respective Director or Chief Administrative Officer. To schedule vacation, emplovees must submit their request for vacation to their supervisor on or before February 1 of each year. The supervisor will approve or deny the vacation request based on the Town's operational requirements. Except in extraordinary circumstances, and not without the approval of the Director or Chief Administrative Officer, will the Town approve a vacation request of longer than two weeks. As a matter of courtesy, all employees at the manager level and above should send an email to their Director, copy Council, one week in advance notifying them of their vacation schedule. Accrued vacation pay shall be paid to the employee before the employee commences vacation, sunless the employee and the Town agree otherwise. When a public holiday occurs during an employee's vacation, the Town shall substitute another day that would ordinarily be a working day for the employee to take off work for which the employee will be paid public holiday pay as if the substituted day were a public holiday. The substituted day must be scheduled within three months of the public holiday, or 12 months if the employee and the Town so agree. 1.11 Holidays Each employee is entitled to a holiday with holiday pay on each of the following holidays: New Year's Day Victoria Day Labour Day Boxing Day Good Friday Canada Day Thanksgiving Day Easter Monday Civic Holiday Christmas Day Floating Day (treated as an additional vacation day) Part-time and contract employees are not eligible to receive a holiday with holiday pay on Easter Monday, the Civic holiday or the Floating Day. To be eligible for holiday pay, employees must work all of their last regularly scheduled day of work before the holiday and all of his or her first regularly scheduled day of work after the holiday, unless the employee had reasonable cause for not so working. Holiday pay will be equal to the employee's regular wages earned and vacation pay payable to the employee in the four weeks before the work week in which the public holiday occurred, divided by 20. If the Town and employee agree that the employee will work on a public holiday that would ordinarily be a working day for that employee, the Town shall pay to the employee wages at his 10 or her regular rate for the hours worked on the holiday and substitute another day that would. L ordin $ril be kin day for the employee to take off work and for which he or she shall be y a working public , ublic holiday pay as if the substitute day were a holiday or the Town. shall pay to the f y emp to ee holiday pav for the day plus one and one half times the employee's regular rate of pay for each hour worked on the holiday. In. addition to the holidays noted above, the afternoon prior to Christmas Day and the afternoon prior ri r to New Year's Da 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 p g e Saturday,, Sunday, or Monday in which case the half holiday will be observed on the preceding Friday T afternoon. The exact dates to be taken off shall be at the discretion of the Chief Administrative Officer. Employees may also be granted leave to attend the local Remembrance Day service. 1.12 Rates of Pay The rate ofpay for each position shall be as specified from year to year by Council. Employees working in either Hydro functions, Works, or Water departments are paid a premium. of $.90 per hour over their normal rate of~p ay during the period they act as a sub -foreperson when approved by the appropriate Director. 1.13 Discipline/Termination/Problem Resolution The Town's own best interest lies in ensuring fair treatment of all employees and in making certain that nar disci liactions are prompt, uniform and impartial. The major purpose of a disciplinary disciplinary action is to correct a problem, prevent recurrence and prepare the employee for p y satisfactory service in the future. Progressive Discipline To the extent appropriate ro riate in the circumstances, the Town will follow a progressive discipline Policy,with disciplinary consequences advancing in severity with each incident deserving of p y ne. disci liAn violation of a Policy contained in this Personnel Policy will be considered as an p y incident deserving of discipline, notwithstanding that the specific Policy breached may not specifically describe discipline as a consequence. In certain circumstances, the Town will, having regard to the severity of the incident, the employee's performance, workplace habit or other workplace conduct, advance past a step or steps in the scale of progression, including directly to termination. In cases of the least serious p p g nature, the Town may repeat a step in the scale of progression. The Disciplinary Scale of Progression is as follows: ➢ Counseling Verbal Warning 11 Written Warning S uspension Termination Problem Resolution The Town is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion or question receives a timely response from the Town's management. Employees are encouraged to offer positive and constructive criticism. 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, at his or her election, 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 the employee's immediate supervisor, the employee may present the issue to the Director of Finance or to the Chief Administrative Officer, or, if the immediate supervisor is the Director of Finance or Chief Administrative Officer, to Council in care of the Mayor. Step 2. Supervisor responds to the issue after consulting with appropriate management or other interested parties as may be appropriate; Supervisor documents discussion. Step 3. If the employee is not satisfied with the supervisor's response, he or she may present issue to the Director of Finance or Chief Administrative Officer. Step 4. The Director of Finance or Chief Administrative Officer reviews and considers the issue, assists in putting the problem in writing, meets with employee's supervisor(s) or manager(s) as may be appropriate. The Director of Finance or Chief Administrative Officer provides written response. If the employee is not satisfied with the response, the employee may present the issue to Council for review. Step 5. Council reviews and considers the issue. Council informs employee of its decision in respect of the issue and forwards copy of the written response to the Director of Finance or Chief Administrative Officer for inclusion in the employee's employment file. Council has full authority to make any adjustment deemed appropriate to resolve the matter. 1.1.4 Termination of Employment While the Town hopes that our relationship is a long and mutually satisfying one, the Town can make no assurances, either expressed or implied, concerning the duration of an employee's employment with the Town. Either the employee or the Town may terminate employment at any time without notice, except as that which may be required by the Employment Standards Act. 12 2.0 EMPLOYMENT BENEFITS The Town provides certain employment benefits to eligible employees as described in this Policy. Where noted, the employment benefits are provided through contract(s) of insurance and the TownI' Y a s certain premiums for the insured benefits only. All decisions as to the eligibility � for a benefit rest exclusively with the insurance carrier and benefits are subject to the terms of the applicable contracts. Employment benefits, including insurance coverage, are subject to change. 2.1 Sick Leave Regular attendance is vital to maintaining a productive and efficient workplace. While the Town recognizes that illness or other important matters may keep an employee from work from time to time, there is an expectation that these instances will be kept to a minimum. Excessive absenteeism impacts everyone, and will be dealt with on a case-by-case basis. In every case, employees must be given ample notice of the issues, and sufficient opportunity and support to correct the problem. All full-time employees are eligible to request paid sick leave in the case of personal illness or non -work related accident that requires an absence from work of five days or Less. Absenteeism is considered excessive if an employee has seven or more instances (where an instance is one or more consecutive days of absence) within a twelve-month period. Refer to Sections 2.2 and 4.2 of this Persomiel Policy for requirements to provide proper notice to the Town and to provide medical certificates supporting the leave request. The Town will determine whether to approve the request for sick leave. The Town reserves the right to deny requests for sick leave made pursuant to this Policy and to determine whether an employee has excessive absenteeism and has abused or misused this Policy. In the latter cases, an employee may be subject to discipline, up to and including termination, in accordance with section 1.13 of this Policy. For personal illness or non -work related accident that requires an absence from work of more than 5 days, section 2.4 of this Personnel Policy applies. 2.2, Absence and Lateness Reporting/Call In As soon as an employee becomes aware that he or she will be absent or late for work, he or she must call his or her supervisor to report the absence or lateness. In any event, the absence or lateness must be reported to the employee's supervisor or manager within one-half hour of the commencement of the absence or lateness (usually the beginning of the employee's regular start time). If the supervisor is unavailable, after the employee makes all reasonable efforts to contact the supervisor, the employee shall inform another person in the Department who shall be instructed to convey the message to the supervisor. A failure to report a lateness or absence as required by this Policy will result in discipline, up to and including termination. A failure to report a lateness or absence, as required by this Policy, for three consecutive days will result in the Town considering the employee to have abandoned his or her employment. The employee's employment will be terminated at that time. Exceptions will be made only in the most extraordinary of cases. 13 Excessive absences or lateness, which have not been excused by the Town, will result in disciplinary action, up to and including termination. All absences or lateness for which an employee seek,. to be excused must be supported by appropriate ro riate documentation. Except in extraordinary cases, an absence or lateness for which an employee is unable or unwilling to provide documentation will not be excused. 2.3 Personal Daws All full-time employees are eligible to claim up to 2 personal days per calendar year, subject to the approval in advance by the employee's supervisor, to cover non -sick leave situations that require the employee to be absent from work., such as a sick child or a parent who is ill, legal q appointments, etc. The employee will be required to provide support for the reasons for the absence (including documentation) as may be required by the Town. The 2 personal days may not be carried forward and will not be paid out. 2.4 Short -Term Disability Full-time employees who have completed their probationary period are eligible to claim for short-term disability benefits on the event of an illness or non -work related injury that requires the employee to be absent from work. A detailed medical certificate issued by a qualified physician h sician must support a claim for short-term disability benefits. If a claim for short-term disability benefits is approved by the Town, benefits may be paid for a period of up to 26 weeks per single disabling event or related disabling events, in accordance with (and to the maximum weeks and amounts provided by) the following schedule, and further on the condition that the employee continues to provide the Town with medical certificates, if and when requested by the Town, updating the status of the employee's illness or non -work related injury and the requirement to be absent from work. Refer to Section 2.2 for notification requirements. Approved benefits under this section shall be 14 Benefit Weeks 75% of Length of Service Full Salary Salam Less than 1 year 1 25 1 year but less than 2 years 2 24 2 years ` ` ` 3 years 4 22 3 years ' ` ` ` ` ` 4 years 6 20 4 years " " 5 years 8 18 5 years " " 6 years 11 15 6 years ` ` " ` ` 7 years 14 12 7 years " " " 8 years 17 9 8 years " " " 9 years 21 5 Over 9 years 26 0 Refer to Section 2.2 for notification requirements. Approved benefits under this section shall be 14 payable effective -the first day of the required absence from work as a result of the illness or non - work related. injury. In respect of employees who have their claim for short-term disability benefits approved, the Town shall pay the cost of the Town's normal share of the premiums for the employment benefits that that employee would otherwise be entitled to for the period for which short-term disability benefits are payable under this Policy. All applicable deductions will be made from the benefits payable to employees. 2.5 Long -Term Disability The Town has arranged for a Long-term Disability Insurance Plan (LTD) which provides eligible full time employees who have completed their probationary period with insurance coverage equal to 66.7% of the first $2,250 of basic monthly earnings and 40% of the balance up to a maximum of $4,000 per month, payable up to age 65, after a continuous 26 week period of disability is satisfied. During the 26 -week waiting period, the employee may be eligible for benefits under the Short-term Disability Plan described at section 2.4 of this Personnel Policy. To qualify for benefits under the LTD plan, an employee must meet the requirements of the insurance plan and provide evidence of the disability that is satisfactory to the insurance carrier. All decisions as to the eligibility for benefits rest solely with the insurance carrier. For more information on the terms of the LTD plan, please request the contact information of the insurance carrier from the Director of Finance. 2.6 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 qualified physician as unfit to complete work on the day of the injury, shall not suffer a loss of regular straight time pay for the day of the injury and no deduction will be made from sick leave credits with respect to that particular working day. Employees who sustain work-related injuries or illnesses must inform their supervisor immediately in order not to affect any benefits that they may be entitled to under the Workplace Safety and Insurance Act (the "Act"). Where an employee is absent from work as a result of an illness or injury covered under the Act, and is in receipt of benefits under the Act, the following applies: • Income protection for Regular Full -Time employees injured on the job shall be in accordance with the provisions of this policy. • Income protection for Temporary, Regular Part -Time or Casual employees injured on the job shall be in accordance with the provisions of the Act. In respect of Regular Full -Time employees who satisfy the conditions stipulated above, the Town shall pay the cost of the Town's normal share of the premiums for the employment benefits that that employee would otherwise be entitled for a period of 36 months from the date the employee first became ill or injured. A Regular Full -Time employee shall not suffer loss of regular straight time pay for the period beginning on the first day of an absence from work as a result of an illness or injury for which benefits are payable under the Act and ending on the date that benefits are no longer payable 15 under the Act. Benefit payments provided to a Regular Full -Time employee under the Act, other than a permanent rew-ard, shall be remitted to the Town. 2.7 Group Benerits The Town presently has an insured group health plan consisting of the following: Life Insurance ➢ Critical Illness Extended Health Care Plan ➢ Deluxe Travel Benefit, and ➢� Dental Plan. The Town pays certain premiums for the described insured benefits only. All decisions as to the eligibility for a benefit rest exclusively with the insurance carrier, and are subject to the terms of the applicable plan. Please refer to your Group Benefits Booklet to obtain specific details of these benefits. 2.8 Pension Retirement income administered by and in accordance with the provisions of the Ontario Municipal Employee's Retirement System (OMERS) is compulsory for every full-time employee of the Town from the date of hire. This plan is integrated with the Canada Pension Plan. 2.9 imviiscellaneous a) Clothing Allowance The Town will assist, in accordance with Schedule A to this Policy, each full-time Operations employee with the purchase of clothing .required., and that may be appropriate, for the conduct of the employee's duties. The payment shall only be made upon submission of the appropriate receipts. b) Safety Equipment Safety equipment shall include but is not limited to CSA safety boots, gloves, fluorescent safety wear, safety glasses, hearing protection, etc. The Town shall provide such equipment to the employee as determined by the employee's supervisor and as job conditions warrant. c) Mileage Employees using personal vehicles, as approved by the employee's manager, or CAO in the case of the in town rate, while on business for the Town, Tillsonburg Hydro Inc. or the Tillsonburg Police Services Board shall be reimbursed at a rate in accordance with Schedule A to this Policy. d) Meal Per Diems Employees, Councillors, and members of the boards of Tillsonburg Hydro Inc. and the Tillsonburg Police Services Board may claim, and the Town may approve, reimbursement �� for meal per diens where: - the Director has approved the event which required the employee to attend; - the employee is involved in a meeting or seminar where such employee cannot bring a lunch, or - the meeting is outside of the geographic boundaries of the Town, or - the meeting is during the day and includes lunch as a business lunch. Approved meal per diems will be paid in accordance with Schedule A to this Policy with the submission of conference or seminar details outlining whether meals are provided as part of the conference or seminar. e) Per Diems Councillors and members of the boards of Tillsonburg Hydro Inc. and the Tillsonburg Police Services Board are eligible to be reimbursed in accordance with Schedule A to this Policy for attendance, in their official capacities, at outside meetings, seminars, conventions or conferences. The reimbursement for this per diem is through the payroll system, will include travel time and will be prorated to the nearest half day. For instance, if the conference begins in the afternoon or evening and the time spent including travel time is less than 3.5 hours, then the per diem will be one half of the per diem rate. f) Seminars, Conventions or Conferences Employees, Councillors, members of the Boards of Tillsonburg Hydro Inc. or the Tillsonburg Police Services who are required to attend approved seminars, conventions or conferences, will be reimbursed upon providing receipts for expenses relating to the registration fee, accommodations, travel, parking and communications. All costs related to a companion who attends the seminar, convention or conference, will not be paid by the Town. g) Overtime/On Call Compensation Compensation for an employee required to be on stand-by is in accordance with Schedule A to this Policy. h) Professional Membership Dues The Town may, in its discretion, reimburse membership dues paid by employees for membership in professional associations required or directly related to the employee's employment with the Town. Requests to be reimbursed for membership dues must be made in writing, together will all relevant details, to the Chief Administrative Officer. i) Parking If an employee is required to use a vehicle on Town business and receives a parking ticket as a result of getting delayed in a meeting or other similar event that was not reasonably foreseeable, the Town will pay the cost of the ticket. j) Health Club Membership The Town will offer full-time employees and members of Council a 100% discount on an adult regular membership fee (for personal use by the employee) in the Town's Community Centre Health Club, squash, tennis and swimming pool facility. 17 3.0 EDUCATIONAL ASSISTANCE The Town may provide educational assistance to eligible Regular Full -Time and Regular Part - Time employees who have completed 90 days of active employment in an eligible employment classification. To maintain eligibility, employees must remain in active employment and be performing their job satisfactorily through to the completion of the course for which educational assistance is claimed. An employee must acquire all the details regarding the course (including the educational institution the course is offered through, the full course description, the cost of the course, the program through which the course is offered, and the relevance of the course to the employee's employment with the Town). The employee must then submit a written request to the Town (accompanied by information described in this Policy) for educational assistance. The request for educational assistance will be reviewed and a decision will be made as to whether the course qualifies for educational assistance. The Town reserves the right to reimburse none, some or all of cost of the educational course. All approvals for education assistance must be receivedp rior to the employee commencing the course for which the education assistance is sought and will be subject to the condition that the employee achieves a final grade of at least 60%, or equivalent, (where the course is graded in that manner) or present a certificate of completion where only a certificate of completion is presented to successful participants. While educational assistance is expected to enhance an employee's performance and professional abilities, the Town makes no representations that participation in formal education will entitle the employee to advancement, a different job assignment, or pay increases. 4.0 LEAVES OF ABSENCE 4.1 Personal Leave of Absence • A personal leave of absence under this Policy is defined as an approved leave of an employee without pay. • An employee is required to make advance application, in writing, to his/her immediate supervisor who shall review the request with the Director involved and assess it against the operational requirements of the Town or any other relevant factor. The Town will make all decisions in respect of requests for personal leave of absence and its decision is final. • Except as identified in this Policy, or in the most extraordinary of circumstances, a personal leave of absence will not be granted for a period exceeding 30 calendar days. • In the event an employee wishes to use a personal leave of absence to extend a pregnancy, parental or compassionate leave, the 30 calendar day period may be extended to not more than 90 calendar days. 18 • All personal leaves of absence approved under this Policy shall be 0i1 condition that the leave of absence results in no cost to the 'Down. • while an employee is on a personal leave of absence under this section, employee benefits will be administered on the following basis: i) In the event the personal leave of absence exceeds 10 working days but is less than 30 calendar days, coverage may be maintained at the employee's expense for group life protection, health protection, and income protection. In any case where the leave of p absence exceeds 10 working days, the sick leave benefit provided by this Personnel Policy that would otherwise be provided 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 the .leave. Failure by the employee to notify the Town in writing of their desire to maintain available benefit coverage and make full payment for the premium associated with same shall .result in coverage lapsing and otherwise not covering the employee for the period of the leave of absence (and beyond). iii) In the event the leave of absence exceeds 30 calendar days benefit coverage at the employee's expense is generally not available to the employee. iv) No OMERS contributions will be made by either the Town or the employee for any personal leave of absence, but the employee may arrange with OMERS to contribute, at the employee's expense, for the broken service period on behalf of both the employee and the Town, subject to OMERS regulations. 4.2; Sick Leave and Short -Term. Disability Leave A sick leave or short-term disability leave may be granted to employees who are required to be absent from work due to sickness or injury unrelated to work. In order to qualify for either a sick leave or a short-term disability leave, employees are required to notify their immediate supervisor of their inability to be at work because of sickness or disability, as required by section 2.2 of this Personnel Policy. Employees may be required to produce proof of sickness or disability in the form of a detailed medical certificate issued by a qualified physician. The Town will pay or reimburse the employee for the cost of the first medical certificate. Failure to comply with the request to provide a detailed medical certificate in support of the request for leave may result in forfeiture of pay, denial of the sick leave or short terra disability leave and suspension or discharge from employment. If an employee is approved for sick leave or short term disability leave, the benefits enjoyed by the employee prior to the commencement of the leave shall continue in effect, provided that continuation of such benefits is permitted pursuant to the terms of the plans under which they are offered. II 4.3 Long -Term Disa__ bility Leave Full-time employees may be approved for a long-term disability leave of. absence. Employees may be required to produce proof of sickness or disability in the form of a detailed medical � certificate issued by a qualified physician and provide regular updates to the Town from a qualified physician. Failure to comply with the request to provide a detailed medical certificate in support of the request for long-term disability leave of absence may result in forfeiture of pay, denial of the sick leave or short term disability leave and suspension or discharge from employment. In addition, absences of extended duration and the cause(s) of the absences will be reviewed by the Town. In appropriate ro riate circumstances, and having regard to available medical evidence and prognosis for return to employment (including to accommodated employment) the Town may treat the employment relationship as having been frustrated and terminate the employee's employment. Where a long-term disability leave of absence has been approved, eligible employees shall have their employment benefits administered on the following basis: i) The Town will meet the cost of the Town's normal share of premiums for life insurance, extended health and dental for a period of 24 months from the original date of illness or disability unless the employee so waives these benefits in writing. No OMERS contribution will be made by either the Town or the employee while the employee is on long-term disability since provision is made under the OMERS plan for either a disability pension or disability waiver of contributions, subject to OMERS regulations. 4.4 Pregnancy Parental Leave and Compassionate Leaves A pregnancy, parental or compassionate 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 or compassionate leave, maintenance of employee benefits will be administered in accordance with the applicable legislation. In the event an employee wishes to extend a pregnancy/parental leave, the employee may make application in accordance with Section 4.1. 4.5 Bereavement Leave A bereavement leave of absence, without loss of regular straight time pay, may be granted for full-time employees attending the funeral and for bereavement purposes in accordance with the following: 20 • Dive (5) working days immediately following the death of a spouse, common-law spouse, same sexp artner, parent,, stepmother, stepfather, child, stepchild, or parent, stepmother, p stepfather of the employee's current spouse, common-law spouse or same sex partner. • Three (3) working days immediately following the death of a grandchild, grandparent, brother, stepbrother, sister, stepsister, or sister, stepsister, brother, stepbrother or grandparent of the employee's current spouse, common-law spouse or same sex partner. • One (1) working day, to attend the funeral of an aunt or uncle, a close friend or to serve as a pallbearer. An employee requesting a bereavement leave of absence pursuant to this Policy may be required red by the Town to furnish evidence supporting the leave. 4.6 Time Off to Vote If, due directly to their work schedules, employees are unable to vote in a federal, provincial or municipal election outside of their working hours, the Town may grant up to four hours off work without loss of regular straight time pay for the purpose of permitting employees the opportunity to vote. Employees must request time off to vote under this Policy from their supervisor at least two working days prior to the day of the federal, provincial or municipal election. 4.7 Jury Duty An employee who is required to serve as a juror in any court in Ontario shall be granted a leave of absence without loss of regular straight time pay during the period which the employee is required to serve as a juror. and actually attends at court for that purpose. Upon completion of jury duty, such employee shall present to his Director a certificate satisfactory to the Director, signed by a responsible official of the Court, showing such period of service. It shall be a condition of the employee receiving any compensation pursuant to this Policy that the employee deposits with the Treasurer of the Town the full amount of compensation received, excluding mileage and any travelling expenses, for attending jury duty. 4.8 Witness Duty If an employee has been subpoenaed as a witness for the Town or otherwise requested to testify as a witness by the Town, he or she will not suffer loss of regular straight time pay during the period he or she is required to be absent from work pursuant to the subpoena or the Town's request to testify. Employees who are subpoenaed to attend court by a party other than the Town shall not suffer loss of regular straight time pay for the first two days of the absence. An employee who is subpoenaed must deliver a copy of the subpoena to his supervisor 21 immediately after it is received so that, where necessary, the supervisor may make such adjustments as operating requirements warrant. The employee is expected to report for work whenever the court schedule permits. S.o OTHER EMPLOYMENT REGULATIONS 5.1 Probationary Period � r All new employees will be subject to a probationary period. The probationary period is a trial period used by the Town to determine if the new employee is suitable for continued employment with the Town. It shall be a condition of continued employment with the Town that the employee complete the probationary period to the satisfaction of the Town. The probationary period for a new employee shall start on the date in which the employee commenced active full or part-time employment with the Town and continue from that date for a period of six months of active employment. The probationary period may only be satisfied through active employment. An employee may be terminated at any time during the probationary period, with or without cause, and for any reason, including unsuitability or unsatisfactory performance. The Town, in its discretion, may extend the probationary period for a period of up to three additional months of active employment, on the provision of written notice to the employee affected. 5.2 Retirement An y emp to ee may retire on the date of the employee's 65th birthday. An employee may explore early retirement options with OMERS . 5.3 Use of Vehicles and Equipment When using vehicles and equipment owned or leased by the Town, employees are expected to exercise care, or report the need for maintenance, and follow all operating instructions, safety standards and guidelines. Employees required to use a Town vehicle shall be required to provide proof of a valid drivers licence and a driving abstract from the Ministry of Transportation on an annual basis and at such other times as may be required by the Town. The Town shall pay the costs of the driving abstracts. Employees are immediately required to inform their supervisor when their driver's licence has been suspended or becomes invalid for any other reason. Employees shall also notify their supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair. 22 5.4 5.5 The iii1 roer careless, negligent, destructive, or unsafe use or operation of vehicles and p p equipment, as well as excessive or avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. Vehicles orequipment owned, leased, or rented by the Town may not be used for personal use. Visitors in the WoLkplace 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 safety of their visitors. If an unauthorized or abusive individual is observed in the Town's work. areas, employees should immediately notify their supervisor or, if necessary, direct the individual to the Chief Administrative Officer and otherwise refer to the Town's Policy Manual. Phone, Mail, Computer, Internet and E -Mail Usage Phones computers, computer files, the Internet, the E-mail system, and software furnished to p employees are the Town's property and (except as otherwise provided by this policy) are intended to be used for the conduct of Town business only. To ensure compliance with this Policyand to address an potential security concerns, phone, mail, computer, Internet and E-mail Y communications and use may be monitored through video surveillance of non -private workplace areas or other monitoring techniques, files accessed and items inspected. Personal use of thep hone will be permitted but only in respect of urgent matters. Employees must limit theirp ersonal use of the phone and will required to reimburse the Town for all long distance or other charges incurred as a result of their personal use of the phone. Employees must refrain from sending or receiving personal mail from or to the workplace. The Townp rohibits the use of computers and the E-mail system in ways that are disruptive, offensive to others, or harmful to morale. For example, the access, display or transmission of sexually p g 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. may Employees l use software on the local area network or on multiple machines according to Y onY the software license agreement. The Town prohibits the illegal duplication of software and its related documentation. Employees should notify their immediate supervisor, the Director of Finance or any member of senior management upon learning of violations of this Policy. Employees who violate this Policy will be subject to disciplinary action, up to and including termination of employment. 23 5.6 Performance Evaluations Performance evaluations are conducted at the end of an employee's probationary period, and annually thereafter in December of each year. 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 Equal Opportunity Emplover It is the objective of the Town to provide equal employment opportunities without discrimination because of ap erson's race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability. 5.8 Criminal Reference Checks Consent for criminal reference checks may be requested of any employee. Any findings are to be discussed with the Chief Administrative Officer and the Director of Finance. 5.9 Recruitment Vacancies for permanent full-time and permanent part-time positions are to be advertised internally for a period of one week. It is suggested that an internal applicant advise their immediate supervisor of their intention to apply for a position before actually applying. If upon completion of the internal advertisement process the Town determines that there are no suitable and qualified applicants for the position, the position may be advertised externally in the most effective external recruitment media, including the Town's web site or newspaper advertisements. Offers of employment will be prepared by the Director of Finance in consultation with the Chief Administrative Officer. All positions at the Director's level or above will be subject to Council approval. In some cases the Town may find it necessary to post an advertisement for a position externally at the same time that it is posted internally. 5.10 _place Security Every employee is responsible for making the workplace a safe and secure environment. Accordingly, all employees are required to comply with following security requirements: 1) Keys given to employees may not be duplicated or loaned to anyone. Lost keys must be reported to the Town immediately. Security codes or passwords must be kept in a secure location or committed to memory and are not to be disclosed to any unauthorized individual and not unless specifically directed by the Town to do so. 2) Each employee is responsible for turning off the lights and equipment, such as fans, heaters, 24 radios, and computers, in his or her individual office or workspace at the end of each p workday. 3) During •' T work hours, purses and wallets should be placed in a secure location and should not be left visible to others. 4) Any p em lovee who notices unusual condition must report this condition to the any employee's supervisor immediately. Guests and visitors must not be permitted to walk through areas of Town Buildings or 5) G . that are enerall - accessible to the public unless specifically authorized to do so by property g y a responsible Town supervisor. 6) Former employees of the Town must be treated as any other guest or visitor for security purposes. Employees are not to remain at their work locations after their working hours unless the Town has given prior approval. 5.11 No Pyramiding or Compounding All the employment to benefits and terms of employment that are described in this Personnel Policy do not pyramid or compound. 6.0 CODE OF CONDUCT Theur ose of this code of conduct for employees of the Town is to foster a common p p ndin of the fundamental rights, privileges, and obligations of employees. A code of understanding g conduct serves as a statement of principles of integrity, honesty, and impartiality, and recognizes Gond p p that, as employees to of a municipal corporation, employees of the Town are reposed with a public p rp trust that the have a responsibility to uphold. Every employee has an obligation to the Town to Y p Y report practices that are not in compliance with this Policy since it is in the best interest of the Town p and all employees that are involved. 6.1 Hiring of Relatives Relatives of employees currently employed by the Town or relatives of a member of Council or a local board may be hired, or may be continued in employment, only if they will be employed in a Y Y position that does not directly report to or supervise the relative. Employees ma not be transferred into a reporting relationship described in this policy. Y purposes of this Policy, a relative is defined as a spouse, common-law spouse, child, For the purpo y, common-lawspouse's child mother, father, brother, sister, grandchild, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, same sex partner, common-law spouse's mother, father-in-law, common-law spouse's father, grandparent, spouses grandparents, aunt, uncle. 25 If the relative relationship is established alter employment, the individuals concerned will decide who is to be transferred.. If that decision is not made within 30 calendar days, management will decide. All employees are required to report relationships to the Town that would place them in violation of this policy. If the relationship is found to have been deliberately concealed from the Town at the time the second relative is hired or any time thereafter, the employment of one, the other or both of the relatives may be terminated. 6.2 Conflict of Interest If a conflict of interest (potential or actual) exists because of an employee's personal interest (or the interest of a relative of the employee) in a property matter, a business dealing with the Town, or similar circumstance, the Town must be immediately advised of the potential conflict in writing by all employees concerned. Employees are required to use Form 2, attached to this Personnel Policy, for purposes of advising the Town of the conflict of interest. A conflict of interest (potential or actual) exists when an employee is in a position to influence a decision that may result in a personal gain or advantage for the employee or for a relative of the employee as a result of decisions or actions taken by the Town. 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, in accordance with this Policy, he or she will be relieved from any decision-making responsibilities in respect of the interest that has been disclosed. Employees who fail to report a conflict of interest (potential or actual) to the Town in a timely manner will be subject to discipline, up to and including termination of employment. 6.3 Outside Employment Employees may hold employment outside of their employment with the Town so long as that employment does not conflict with their responsibilities or work schedule of their employment with the Town and they satisfactorily perform their job responsibilities with the Town. Employment in the same profession or occupation as that in which an employee is employed by the Town, requires written disclosure to, and approval by, the Chief Administrative Officer. If the Town determines that an employee's outside work interferes with performance or the ability to meet the requirements of employment with the Town, the employee may be required to terminate the outside employment if the employee wishes to remain employed with the Town. 6.4 Confidential Information Confidential information shall only be released in accordance with the Municipal Freedom of 26 6.5 6.6 Information and Protection of Privacy Act. All matters and information that come to be known by employees through employment ugh the course of their em to �ment must be treated as confidential by the employees y and must not be released, disclosed, or discussed with any employee or third party without the express consent of the Town. A violation of this Confidential Information Policy will result in discipline, up to and including termination. Matters and information that may come to be known by employees through the course of their employment and which must be kept confidential are: 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 All employees are required to sign the non -disclosure agreement, attached as Form 1 to this Personnel Policy, as a condition of employment. Employees who improperly use or disclose confidential information will be subject to disciplinary action, up to and including termination of employment. Employees may also be subject to legal action in respect of the disclosure, even in the case they not actually benefit from the disclosure of the confidential information. Media Relations To avoid transmitting misinformation or confidential information, the Mayor and the Chief Administrative Officer shall be the primary spokespersons and contacts to the media for the dissemination of information regarding Policy development and interpretation. Directors and Managers are authorized to disseminate information regarding technical/administrative matters within their functional areas. In an emergency situation, the provisions of the Town's Emergency Plan prevail. The Chief Administrative Officer may appoint a designate in his absence. Gifts and Benefits 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 (real or perceived) to favour an individual or firm. If any question arises as to whether an employee should accept a particular gift, protocol or social obligation, the employee must consult with his or her supervisor and receive direction before accepting such gift, protocol or social obligation. 27 6.7 Political Activit Employees are encouraged not to get directly involved in a local government political campaign in the rI`o 13. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this :involvement does not affect the objectivity and impartiality with which they must discharge their duties. 6.8 Distribution of Literature / No Solicitation No employee shall cause any printed matter unrelated to the business of the Town and prepared outside of the normal course of the employee's responsibilities with the Town, to be circulated or posted on Town property without first obtaining the written approval of a Director or the Chief Administrative Officer. No employee shall solicit other employees of the Town, or third parties, during their working hours, in respect of personal or other business or matters not directly- related to the business of the Town. 6.9 Use of Proper Employees must not use Town property, equipment, supplies, or services for activities not directly related with the discharge of their official duties and responsibilities unless prior authorization is provided by the employee's supervisor. In no case shall employees use Town property, equipment, supplies, or services for personal gain. 6.10 Infractions The following are examples of infractions of the code of conduct that may result in disciplinary action, up to and including, termination of employment: Falsification of timekeeping records Possession, distribution., sale or use of alcohol or illegal drugs in the work place Fighting or threatening violence in the work place Boisterous or disruptive activity in the workplace Insubordination or other disrespectful conduct Possession of dangerous or unauthorized materials Excessive absenteeism or tardiness or any absence without authorization Unsatisfactory performance or conduct Unprofessional dress, grooming, personal cleanliness including inappropriate display of a tattoo or piercing. 6.11 Compliance Supervisors shall ensure that employees are made aware of and are in compliance with the terms of 28 the code of conduct. Failure to comply with the terms of this code of conduct may result in dismissal or other disciplinary action. 7.0 DISCRIMINATION AND HARASSMENT IN THE WORKPLACE 7.1 Purpose The Town is committed to establishing and maintaining a work environment free from discrimination and harassment. The Town strictly prohibits discrimination and harassment because of race, ancestry, lace of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, a e record of offences, marital status, same sex partnership status, family status or disability (as all g� of those terms are defined and understood under the Human Rights Code). Any violation of this Policy will be considered serious and will result in disciplinary action, up to and including termination. The Town has implemented the following guidelines for handling a complaint of discrimination or harassment: 1 Ap erson who believes he or she is being harassed or discriminated should initially make it known that the action is unwelcome and will be reported unless it is stopped immediately. 2) If the harassment or discrimination continues, a discrimination or harassment complaint must be reported as soon as possible. An employee has the right to report an incident of discrimination or harassment to any supervisor or other official of the Town. 3 All reports of discrimination or harassment will be promptly and thoroughly investigated. Confidentiality will be maintained to the extent possible. The investigation will be objective and complete; all those with pertinent information on the subject will be interviewed. 4) No employee will suffer reprisal for reporting an incident of discrimination or harassment or any other unlawful conduct, or for initiating or assisting in any action or proceeding regarding discrimination or harassment. 5 when the investigation ends, a determination will be made, and the results will be communicated to the complainant, the alleged offender, and, as appropriate, to all others directly concerned. 6 If discrimination or harassment is proven, prompt remedial action will be taken. This action includes the following: a) the offender will be disciplined and the complainant notified; b) steps will be taken to prevent any further offence; and c) other appropriate remedial action will be taken as may be required. Any complaint of discrimination or harassment that is found to be frivolous, malicious, or based 29 upon false information will be a considered serious violation of Company Policy and will result in disciplinary action, up to and includii,tg termination. 7.2 Investization :procedure The Town 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 the complainant and the alleged harasser as soon as possible. • Interview any witnesses. • To the extentp ossible, the Town will keep all information, including the complaint and the statements of witnesses, confidential. • Render the decision, discuss the findings with the complainant and the alleged harasser, and take any appropriate remedial action. 7.3 Disc ne If the complaint is determined b the Town to have merit, then the Town may follow section l .l 3 of p y this Policy for disciplinary actions in respect of the harasser. If the complaint is determined by the Town to lack merit, the Town will maintain a confidential file on the allegations in the Chief Administrative Officer's office. If the y complaint is determined b the Town to lack merit and was made vexatiously, maliciously or p in bad faith the Town may follow section 1.13 of this Policy for disciplinary actions in respect of the complainant. 8.0 HEALTH AND SAFETY COMMITTEE It is the Police of the Town to establish a Joint Health and Safety Committee. The membership, appointments,' and procedures of such Committee shall be as established from time to time, in pp accordance with the provisions of the Occupational Health and Safety Act. The Committee ensures, among other things, that information is provided to employees about workplace health and safety issues, ensures the Health and Safety Policy is up to date and posted, p y that training occurs, ensures that inspections occur and looks to provide recognition to employees where initiatives are taken to improve safety performance. Each employee is expected to obey safety rules and to exercise caution in all work activities. 30 Employees mist immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety rules or standards, who cause hazardous or dangerous situations, or who fail to report car, where appropriate, p ro riate, remedy such situations, may be subject to disciplinary action, up to p and. including termination of employment. Each employee's manager will evaluate that employee on health and safety in the annual performance appraisal. Candidates for employment or promotion will, when possible, be evaluated on performance and experience in respect of health and safety. In keeping with the Town's intent to provide a safe and healthy work environment, the Committee has established that smoking is allowed only in designated smoking areas, and in some work locations, smoking has been completely prohibited. 9.0 EXTERNAL COMPLAINT PROCEDURE The following procedure allows members of the public to express any problem, complaint or suggestion regarding an employee of the Town. Periodically, in a quarterly report, Council is to be made aware of all external complaints against employees in their departments. 1. The member of the public should complete a prescribed External Employee Complaint Form (Form 3 attached to this Personnel Policy or obtained from the Customer Service Centre or Corporate Office) or provide a written letter outlining the nature of their complaint. The External Employee Complaint Form is immediately forwarded to the Chief Administrative Officer and Mayor. The CAO will review the complaint and forward a copy of the Form to the complained of employee's immediate supervisor. 2. The complained of employee's immediate supervisor is required to respond to the complaint by requesting a meeting with the complained of employee within three (3) working days after the complaint is received by the immediate supervisor. Further information may be obtained from the complaining member of the public prior to or subsequent to this meeting. The Town may conduct further investigation as it, in the circumstances, deems appropriate. The Director of Finance is required to attend the meeting with the complained of employee and his immediate supervisor. The Supervisor shall immediately document the discussion and within five (5) working days of the meeting shall prepare a written report including a recommendation for response to the complaint. This report shall be discussed with the complained of employee who is required to sign the report in acknowledgement. The complained of employee should be encouraged to provide written comment or comments that can be documented on the report at time of review. A copy of this report will be forwarded to the Director of Finance. The complaint and its disposition will be filed in the employee's personnel file. 31 3. The time limits for processing complaints shall be rigidly adhered to. 4. Any disciplinary action deemed necessary will be prompt and impartial in accordance with Section 1.13 ofthis Policy. 5. If the complainant is not satisfied by the action taken as decided in paragraph 2 of this policy, the complainant shall notify the Director of Finance in writing for review and consideration of the matter. The Director of Financ¢ shall, within five (5) working days from receipt of written notice of the Complainant's dissatisfaction., inform the Supervisor of any further action that may be required. 6. The complaining member of the public may retract their complaint at any time during the complaint procedure. In the event of a retraction of the complaint, it will be at the discretion of the Director of Finance if the procedure is to continue or cease. 7. The Chief Administrative Officer must be kept appraised of all external complaints and retains full authority to make any adjustment deemed appropriate. In the event that a complaint is received in reference to the Director of Finance, all reporting to the Director of Finance as set out in this policy shall be made to the Chief Administrative Officer. In the event that a complaint is received in reference to the Chief Administrative Officer, all reporting shall be made directly to the Mayor and members of Council. S. Repeated complaints from the same Complainant or complaints deemed to be of frivolous nature may., at the discretion of the Chief Administrative Officer and Mayor, not necessarily follow all steps in this procedure. 32 Form I EMPLOYEE ACKNOWLEDGEMENT FORM & NON -DISCLOSURE AGREEMENT The Personnel Policy describes important information about the Town and my employment with the Town. I understand that I should consult the Director of Finance regarding any questions not answered in the Personnel Policy. I have entered into my employment relationship with the Town voluntarily and acknowledge that the Personnel Policy is not intended to, nor does it, create an y emp to ment contrsact of any fixed duration and that either me or the Town may terminate the employment relationship at any time with only the notice, if any, that may be required by the Employment Standards Act. I understand that it is my responsibility to read and comply with the terms of the Personnel Policy and anv revisions made to it. All such revisions will be communicated through official notices and I understand that revised policies may supersede, modify, or eliminate existing policies. The Council of the Town has the ability to adopt any revisions to the policies, as it deems necessary. Further, I acknowledge that the protection of confidential business and personal information is vital g to the interests of employees, Councillors, ratepayers and the success of the Town. If I improperly use or disclose trade secrets or confidential business information, I will be subject to disciplinary action up to and including termination of employment and legal action even if I do not derive any personal benefit from the disclosure of the information. I confirm that I have received a copy of the Town's Personnel Policy. Date Date Employee's Signature Employee's Name (Please Print) Supervisor's Signature Supervisor's Name (Please Print) 33 Perin 2 EMPLOYEE DISCLOSURE OF INTEREST FORM Disclosure of Interest 1. Instructions An employee shall, as soon as the employee is aware of any interest, direct or indirect that he/she, or his/her family, may have in any matter under consideration by the council/local board or committees thereof, of by any officers or officials of the council/board, complete and file this declaration with the Chief Administrative Officer or appropriate supervisor as described in the Personnel Policy. This record shall be placed in the employee's personnel file and maintained there for the duration of his/her employment with the corporation. 1. Declaration of employee Name of employee In accordance with the Personnel Policy, I disclose an interest in the following matter under consideration by Provide a brief description of the matter: The general nature of the conflict of interest is as follows: I certify that the above information is true, correct and accurate. Signature of employee Date received by Chief Administrative Officer or Supervisor Date 34 Form 3 EXTERNAL EMPLOYEE COMPLAINT FORM Instructions A member of the public shall, as soon as an incident that involves a Town employee takes place in which the member of the public is of the opinion that the employee acted in a manner that was not professional, honourable, courteous or consistent, shall complete and file this declaration with the Chief Administrative Officer or Mayor of the Town in accordance with the Personnel Policy. This matter shall be addressed in accordance with Section 9, External Complaint Procedure, of the Town's Personnel Policy. Name of Employee Date of Incident In accordance with Section 9 - External Complaint Procedure, Personnel Policy, I disclose the following complaint and request consideration of this matter. Provide a brief description of the matter (additional information may be attached): I certify that the above information is true, correct and accurate. Signature of Complainant Address: Phone Number Date Please place this form in an envelope and mark it "Confidential" to the "Attention of the Mayor or CA 0". CAO or Mayor Acknowledgment of Receipt Date Received 35 Schedule A PERSONNEL POLICY RATES Section Its Rate 2.9 (a) Clothing Allowance $240 per calendar year. 29 (c) Mileage Out of Town, $.40 per kilometer or In Town allowance, $11.50 per day. 2.9 (d) Meal Per Diems Rate of $100 per day for an overnight event and a rate of $30 per day for a single day event with the submission of conference or seminar details that indicate what meals are provided at the event. If meals are provided at the event, then a deduction for each meal provided of $15 for breakfast, $20 for lunch and $40 for dinner will be made from the meal per diem. 29 (e) Per Diems $120 per day. 2.9 (g) Overtime/On Call $130 for aseven-day period plus an Compensation additional $25 for holidays. Council will review the above rates on an annual basis for possible adjustment. 36