15-04 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 15-04
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTERS 5, 6 AND 7 OF THE TOWN OF PROSPER
PERSONNEL POLICIES AND PROCEDURES MANUAL RELATIVE TO
MAXIMUM VACATION ACCRUAL, ON-CALL PAY, AND EMPLOYEE
CONDUCT, TO THE EXTENT REFERENCED HEREIN; AFFIRMING AND
ADOPTING SAID POLICY AMENDMENTS AND THE CURRENT PERSONNEL
POLICIES AND PROCEDURES MANUAL, AS HEREBY AMENDED;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), is
required, pursuant to Section 4.06 of the Town Charter, as amended, to adopt personnel rules
for the Town, after preparation of same by the Town Manager; and
WHEREAS, the Town Manager and Town staff have studied and recommended the
adoption of certain amendments to the current Town of Prosper Personnel Policies and
Procedures Manual; and
WHEREAS, the proposed amendments are for the betterment of the working conditions
of Town employees and are generally consistent with other area local governments and their
personnel policies; and
WHEREAS, the Town Council also hereby affirms and adopts the current Personnel
Policies and Procedures Manual, subject to the following amendments, as mandated by Section
4.06 of the Town Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Subpart A of Subsection II,
"Maximum Accruals," of Section 5.02, "Vacation," of the Town of Prosper Personnel Policies
and Procedures Manual is hereby amended to read as follows:
"A) Except for Fire Department shift employees, the maximum allowed accrual carryover of
vacation time is 240 hours per calendar year (January through December). The
maximum carryover for Fire Department shift employees is 360 hours per calendar year
(January through December). The maximum accrual carryover for part-time employees
regularly scheduled to work 1,000 hours or more per year is one-half the maximum
accrual rate of regular full-time employees (i.e., 120 hours). Any vacation hours
exceeding the maximum rates shall be purged effective January 1 of each year."
SECTION 3
From and after the effective date of this Ordinance, Subpart A of Subsection III,
"Compensation," of Section 6.04, "Response Time and On -Call Duty," of the Town of Prosper
Personnel Policies and Procedures Manual is hereby amended by deleting the reference to
"Public Works Department (Utilities/Water-Wastewater divisions)" in said Subpart and replace it
with "Public Works Department and Parks Maintenance."
SECTION 4
From and after the effective date of this Ordinance, existing Chapter 7, "Employee
Conduct," of the Town of Prosper Personnel Policies and Procedures Manual is hereby
amended by repealing said Chapter in its entirety and replacing it with a new Chapter 7,
"Employee Conduct," to read as follows.-
"CHAPTER
ollows:
"CHAPTER 7 EMPLOYEE CONDUCT
SECTION 7.01 EMPLOYEE CONDUCT AND WORK RULES/DISCIPLINARY ACTION
To ensure orderly and productive operations and provide the best possible work environment,
the Town of Prosper requires employees to follow rules of conduct that will protect the interests
and safety of the Town, its citizens, and employees.
I. Progressive Discipline
In general, the Town will use a progressive disciplinary system. The Town is not
obligated to use all of the progressive disciplinary steps available to it, and may begin
the disciplinary process at any level, up to and including immediate discharge,
depending upon the severity of the conduct, the employee's work performance and prior
disciplinary history, the employee's length of service, and any mitigating circumstances.
Depending on the circumstances of each individual case, disciplinary action may consist
of one or more of the following:
• Oral warning/employee consultation/verbal reprimand;
• Written reprimand;
• Disciplinary probation;
• Suspension without pay;
• Salary reduction or demotion; or
• Dismissal.
II. Documentation
All discipline, other than documented oral warning/employee consultation/verbal
reprimand, must be sent to the Human Resources Department for placement in the
employee's personnel file.
III. Supervisory Responsibility
A) All employees with the responsibility and authority to supervise and direct
employees under their control shall:
Ordinance No. 15-04, Page 2
1
• administer policies and procedures within their scope of authority;
• document their subordinates job performance, conduct, and behavior as
appropriate;
• conduct evaluations of subordinates in a timely manner; discipline their
subordinates as appropriate;
• address performance appeals submitted to them as provided by policy in
a professional manner, in an attempt to resolve such issues at the lowest
possible supervisory level.
B) Prior to any disciplinary action being administered, the supervisor will conduct a
thorough examination of the situation before deciding to take any disciplinary
action and discuss proposed action with his/her department director.
IV. Documentation
All forms of discipline must be documented. All discipline, other than documented oral
warning/employee consultation/verbal reprimand, must be sent to Human Resources for
placement in the employee's personnel file.
When a Supervisor issues the Employee Consultation Form to document an oral
warning/employee consultation/verbal reprimand, he must either forward it to Human
Resources where it will be placed in the employee's personnel file or, alternatively, the
supervisor can keep it in a confidential departmental file, to be referred to, if appropriate,
in subsequent performance evaluations, disciplinary actions, or other personnel actions.
If further discipline is taken against the employee subsequent to the documented oral
warning/employee consultation/verbal reprimand for the same or similar conduct, then
the supervisor must also send the documented oral warning/employee
consultation/verbal reprimand to Human Resources where it will be placed in the
employee's personnel file to show the Town's use of progressive discipline. All
discipline (including documented oral warnings/employee consultations/verbal
reprimands) and other personnel records must be preserved in accordance with Town
policy.
V. Supervisory Responsibility
A) All employees with the responsibility and authority to supervise and direct
employees under their control shall administer policies and procedures within
their scope of authority; document their subordinates' job performance, conduct,
and behavior as appropriate; properly conduct evaluations of subordinates in a
timely manner; discipline their subordinates as required under their departmental
and/or Town policies and procedures as well as address performance appeals
submitted to them as provided by policy in a professional manner, in an attempt
to resolve such issues at the lowest possible supervisory level.
B) Prior to any disciplinary action being administered, the supervisor will conduct a
thorough examination of the situation before deciding to take any disciplinary
action and discuss proposed action with his/her department director.
Ordinance No. 15-04, Page 3
VI. Disciplinary Conference
A disciplinary conference will be scheduled prior to the imposition of a disciplinary
suspension of one (1) day (or one (1) shift) or more, demotion or termination. The
department director, affected employee, the Town Manager and anyone else deemed
necessary by the department director typically attend the disciplinary conference. During
the conference, the affected employee will be given an opportunity to present an
explanation of the conduct leading up to the proposed disciplinary action. Employees will
be given advance notice of the conference. Employees may, in the Town's sole
discretion, be placed on administrative leave prior to, during, or after the disciplinary
conference. The employee will be notified of the Town's determination following the
conference.
VII. Appeal Rights
An employee who has received discipline in excess of an oral warning/employee
consultation/verbal reprimand may request a Disciplinary Review Hearing in accordance
with Disciplinary Review Hearing Policy. However, positions classified as director level
and above are employed at the will and pleasure of the Town Manager and have no right
of appeal for any type of disciplinary action, including termination. Those employees
employed by a written contract, probationary, temporary, and seasonal employees
likewise have no right of appeal for disciplinary action taken against them and are also
exempted from the application of this policy.
VIII. Prohibited Activities
Disciplinary action will be imposed for violations of Town or departmental policies and
procedures, codes of conduct, and rules and regulation, either written or verbal. In
addition, acts which are not specifically addressed in policies and procedures, codes of
conduct, and rules and regulation, yet may adversely affect the Town or put the health
and safety of fellow employees, citizens, or other third parties at risk may also result in
disciplinary action. It is impossible to list all the forms of behavior that are considered
unacceptable in the workplace. The following work rules relating to personal conduct
are intended to provide minimum guidelines for employee conduct and work
performance, and to inform employees of prohibited conduct. Engaging in one or more
of the following forms of prohibited conduct may result in disciplinary action up to and
including termination:
A) Work Performance
(1) Inefficiency or incompetence in the performance of duties.
(2) Neglect or carelessness in the performance of duties
(3) Careless, negligent or improper use of Town property or equipment.
(4) Failure to satisfactorily meet performance standards for the position.
(5) Failure to meet or maintain specified conditions of employment, such as
failure to obtain or maintain a license or certificate required as a condition
for performing a job.
(6) Violation of Town or departmental policies, codes of conduct, rules and
procedures.
Ordinance No. 15-04, Page 4
B) Attendance and Punctuality
(1)
Improper use of leave privileges, including, but not limited to, excessive or
unscheduled absenteeism, tardiness in reporting for work or returning
from breaks and meal breaks, or absence without notice and/or approval.
(2)
Failure to promptly notify supervisor of absence.
(3)
Separate absences or days of tardiness which exceed the average
absences or days of tardiness of the employee's work group and which
lack sufficient justification.
(4)
Absence or tardiness that causes significant curtailment to disruption of
services without sufficient justification.
(5)
Abandonment occurs when an employee deliberately and without
authorization is absent from the job, or refuses a legitimate order to report
to work, for three (3) consecutive work days. In such case, an employee
is deemed to have abandoned his/her job and shall be terminated.
(6)
Any employee who is absent due to an extended illness or injury leave
after all eligible leave has been exhausted, except when the employee's
absence is covered by the Family and Medical Leave Act.
(7)
Excessive failure to remain at one's work station without notifying his
supervisor, leaving work without permission, or taking excessive time or
more time than allowed for eating or break periods.
C) Personal Conduct
(1)
Insubordination, failure or refusal to follow lawful orders, or other
disrespectful or unprofessional conduct.
(2)
Failure to follow routine written or verbal instructions; arguing over
assignments or instructions or an accumulation of other deficiencies
indicating the employee's continuing failure to adequately perform in a
productive, efficient, and competent manner.
(3)
Unnecessarily disrupting the work of other employees, or interfering with
work schedules or another employee's ability to work.
(4)
Operating or conducting gambling on the job or on Town property.
(5)
Violating safety rules or practices which may endanger the employee or
others or damages Town property or equipment.
(6)
Playing tricks or jokes or engaging in horseplay that adversely affects job
performance or creates potential safety issues.
(7)
Engaging in personal business while on duty without authorization of his or
her supervisor, including reading unauthorized material, playing games,
watching television, movies or other forms of entertainment, internet
shopping, accessing unauthorized or inappropriate websites, unauthorized
email usage, or otherwise engaging in entertainment while on the job
and/or in public view.
(8)
Misuse of Town telephones, computers, mail systems, etc.
(9)
Utilizing Town data or information systems for any reason other than
Town business.
(10)
Unauthorized alterations, removal, destruction, or disclosure of Town
records.
(11)
Failure to report damage to Town equipment or property of others.
Ordinance No. 15-04, Page 5
(12)
Dishonesty, including misrepresentation during the hiring process, or any
other falsifying action detrimental to the Town, Town employees, or
others.
(13)
Failure to timely return to work upon conclusion of authorized leave or
disciplinary suspension.
(14)
Falsely reporting illness or injury, or otherwise attempting to deceive any
official of the Town as to a health or medical condition.
(15)
Sleeping on the job (except for Fire Department personnel who are
governed by applicable Fire Department Rules and Regulations).
(16)
Indifference toward work, including inattention, loafing, carelessness, or
negligence.
(17)
Violation of any local, state, or federal law.
(18)
Conviction of a felony or Class A or B misdemeanor, including reasonable
belief by the Town that the employee has committed a crime under the
Texas Penal Code, or repeated conviction of Class C misdemeanor
charges.
(19)
Misusing or failing to use delegated authority in the performance of
duties.
(20)
Engaging in any employment activity or enterprise which conflicts with, or
potentially conflicts with, Town interest.
(21)
Acceptance of payment of any kind for activities related to Town
employment.
(22)
Unauthorized use, possession, or removal of Town property, including
aiding in, or encouraging the unauthorized use, possession, or removal of
Town property, or other property not belonging to the employee.
(23)
Appropriating Town property, e.g., equipment, furniture, or construction
materials which have been abandoned or discarded.
(24)
Conduct which results in waste or damage of a coworker's, the Town's, or
a citizen's property.
(25)
Causing or contributing to an accident by operating equipment in an
unsafe or unauthorized manner.
(26)
Willful damage to or defacing of public property or willful waste of public
supplies, service, or equipment.
(27)
Using Town property or equipment without authorization.
(28)
Discourteous or irresponsible treatment of the public, other employees, or
third parties.
(29)
Using abusive language.
(30)
Making derogatory racial, age, ethnic, or sexist remarks.
(31)
Fighting, provoking, or instigating a fight, or threatening violence, or any
other disruption of the work area.
(32)
Coercion, intimidation, or threats against citizens, supervisors, co-
workers, Town officials, or others.
(33)
Possession, distribution, sale, transfer, or use of alcohol, a controlled
substance (as defined in the Texas Health and Safety Code) or illegal
drugs in the workplace, while on duty, or while operating Town -owned
equipment.
(34)
Working and/or operating Town -owned equipment under the influence of
alcohol, a controlled substance (as defined in the Texas Health and
Safety Code) or illegal drugs.
(35)
Discrimination or harassment on the basis of race, color, religion, sex,
national origin, disability, age, or other protected classification.
Ordinance No. 15-04, Page 6
(36)
Falsification of timekeeping or other records, including employment
application.
(37)
Using an official position or office for economic gain or soliciting favors or
gratuities for performing services required by the employee's position.
(38)
Unauthorized disclosure of confidential information.
(39)
Unauthorized use or possession of Town funds.
(40)
Employees may be disciplined, up to and including termination, for
conduct which occurs during or outside regularly scheduled working
hours, which, on becoming public knowledge, could impair the public's
confidence or trust in the operation of Town government.
(41)
An employee shall maintain sufficient competence to properly perform his
duties and to assume the responsibilities of his position. He shall direct
and coordinate his efforts in a manner that will tend to establish and
maintain the highest standards of efficiency in carrying out the functions
and objectives of the Town. The fact that an employee was deemed
competent at the time of employment shall not preclude a judgment of
incompetence as a result of job performance deficiencies. Apart from or
in addition to, other methods of proof of incompetence, such as failure to
achieve and maintain acceptable job proficiency and to accept and
execute duties, responsibilities, instructions and orders with minimum
supervision, a written record of repeated disciplinary actions for
infractions of policies, rules, regulations, manuals or directives, or
repeated adverse counseling reports and/or evaluations reflecting a need
for improvement or indicating performance inadequacies, will be
considered prima facie evidence of incompetence.
(42) No employee shall make known any information concerning the progress
of an investigation, a known or reported law violation, a condition against
which action is to be taken at a future time or any proposed law
enforcement action to any person not authorized to receive it. No
employee shall use information gained from any Town information system
for anything other than official Town business.
(43) An employee shall cooperate in an internal investigation in which he/she
is the primary focus, or for which he/she is a witness or affected party.
(44) Any criminal offense or immoral conduct, during or after working hours,
which, on becoming public knowledge, could have an adverse effect on
the Town or the confidence of the public in Town government. "Criminal
offense" means any act constituting a violation of law and/or resulting in
charges being filed, arrest or confinement.
IX. Felonies and Misdemeanors
Employees must immediately notify their supervisor and/or department director if they
are arrested, charged, indicted, convicted, receive deferred adjudication, or plead nolo
contendere to any misdemeanor or felony. Employees who do not drive as a part of their
job duties with the Town are not required to report minor traffic violations.
X. Administrative Leave
During an investigation into alleged offenses or violations of Town policies, the Town
may, in its sole discretion, place the employee on administrative leave. The leave may
be with or without pay.
Ordinance No. 15-04, Page 7
SECTION 7.02 DISCIPLINARY REVIEW HEARING
It is the policy of the Town of Prosper to give individual employees an opportunity for a hearing
regarding disciplinary actions. Disciplinary review hearings are designed to be heard according
to prescribed guidelines as set forth in the following procedures. The disciplinary review hearing
process is designed to afford the employee a responsive forum; however, nothing in this policy
shall be construed as a grant to any employee of a property right in tenured public employment.
All employees are employed strictly on an at -will basis.
I. General Disciplinary Review Hearing Information
A) An employee who has received discipline in excess of an oral warning/employee
consultation/verbal reprimand may request an informal or formal disciplinary
review hearing.
B) Since it is important that disciplinary review hearings be resolved as rapidly as
possible, time limits, as set out in the following paragraphs, shall be considered a
maximum and every effort shall be made to expedite the process. In the event
the last day of a time limit falls on a weekend or a Town holiday, the time limit
shall include the next working day.
C) All requests for disciplinary review hearings must be filed with the Human
Resources Department. An employee shall choose whether he desires to pursue
an informal or formal disciplinary review hearing process and shall indicate his or
her choice on the form. All decisions rendered in response to disciplinary review
hearings must be in writing to the employee.
D) An employee who requests a disciplinary review hearing must inform the Human
Resources Department in writing of his correct mailing address and telephone
number. Failure to provide current mailing address and telephone information
may result in administrative closure of the disciplinary review hearing.
II. Informal Hearing Process
A) An employee who has received discipline in excess of an oral warning, employee
consultation, and/or verbal reprimand may request an informal hearing.
B) The employee must make the request for the informal hearing in writing within
three (3) working days after receiving notification of an action taken. The written
request must set forth the specific reasons why the employee feels the action is
not justified.
C) By requesting an informal hearing, the employee shall waive a formal hearing.
D) Upon receipt of the request for an informal disciplinary review hearing, the Town
Manager will assign a Hearing Officer. The appointed Hearing Officer will be a
disinterested party.
Ordinance No. 15-04, Page 8
E) The informal hearing will consist of the employee, the department director and/or
the supervisor who imposed the disciplinary action, the Hearing Officer. The
employee and the department director and/or the supervisor who imposed the
disciplinary action will each have the opportunity to address the hearing with
information concerning the appeal.
F) An informal hearing will be conducted within ten (10) working days of the
employee's request for an informal hearing, unless an extension is agreed upon
by the parties.
G) Upon conclusion of the hearing, the Hearing Officer will make a decision and
recommendation to the Town Manager within five (5) working days from the date
of the hearing. The Town Manager will make a final determination within twenty
(20) working days of receipt of the Hearing Officer's decision and recom-
mendation. The Town Manager's decision is final and non -appealable.
III. Formal Hearing Process
A) An employee who has received discipline in excess of an oral warning/employee
consultation/verbal reprimand may request a formal hearing.
B) The employee must make the request for the formal hearing in writing within
three (3) working days after receiving notification of an action taken. The written
request must set forth the specific reasons why the employee feels the action is
not justified.
C) Upon receipt of the request for a formal disciplinary review hearing, the Town
Manager will assign a Hearing Officer. The appointed Hearing Officer will be a
disinterested party.
D) A formal hearing may include the presentation of evidence, witnesses, and
justification of the action taken against the employee. The formal hearing will be
heard by a Hearing Officer according to guidelines outlined in Subsection IV,
below.
E) A formal hearing will be conducted within ten (10) working days of the
employee's request for a formal hearing, unless an extension is agreed upon by
the parties.
F) Upon conclusion of the hearing, the Hearing Officer will make a decision and
recommendation to the Town Manager within five (5) working days from the date
of the hearing. The Town Manger will make a final recommendation within
twenty (20) working days of receipt of the Hearing Officer's decision and
recommendation. The Town Manager's decision is final and non -appealable.
IV. Hearing Procedure for Formal Hearings
Any formal hearing shall proceed as follows: Town representative (s) shall be allowed to
make a presentation of the Town's case, explaining and detailing the reasons for the
disciplinary action imposed. Such presentation may include the production of witnesses
and/or documentation supporting the disciplinary action imposed. After the Town's
Ordinance No. 15-04, Page 9
presentation, the employee shall be permitted to ask questions and/or cross examine
witnesses. Thereafter, the affected employee shall be permitted to make any
statements or produce witnesses and/or documentation on the employee's behalf. After
the employee's presentation, the Town representative shall be permitted to ask
questions and/or cross-examine witnesses. Both sides shall be permitted to ask
questions and/or cross examine witnesses. Both sides shall be permitted to make a
closing statement, if desired. At any time during the hearing, the Hearing Officer may
ask questions of the Town's representative(s), the employee and any witnesses. The
hearing presentation or procedure referenced herein may be modified and there is no
absolute right to any hearing procedure or presentation. Further, the failure to follow any
hearing presentation or procedure referenced herein does not create any additional
appeal rights.
SECTION 7.03
POLITICAL ACTIVITIES
Town of Prosper employees will not be appointed or retained on the basis of their political
support or activities. Town employees are encouraged to vote and to exercise other
prerogatives of citizenship consistent with state and federal law and these policies.
Town employees may not:
• Engage in political activities relating to a campaign for elective office while in
uniform or on active duty.
• Publicly endorse or campaign in any manner for any person seeking a Town
public office.
• Use his position or office in any advertisement or endorsement of products,
persons, or activities, without exclusive authorization by the Town Council to
coerce political support from employees or citizens.
Employees who become a candidate or otherwise decide to seek or assume a Town office must
immediately resign their employment.
Employees appointed to Town offices shall be required to resign their employment upon
acceptance of the office.
CHAPTER 7.04 ATTENDANCE AND WORK HOURS
Regular Work Hours
Non-exempt employees of the Town, except for Fire Department and Police Department
shift personnel, normally work forty (40) hours in a seven (7) day work week. Exempt
employees may be required to work in excess of forty (40) hours. The work week begins
on Saturday and ends on Friday. The regular work day normally begins at 8:00 a.m. and
ends at 5:00 p.m.
II. Adjustment to Work Hours
In order to assure the continuity of Town services, it may be necessary for department
directors to establish other operation hours for their departments. Work hours and work
shifts must be arranged to provide continuous service to the public. Employees are
expected to cooperate when asked to work overtime or a different schedule. Acceptance
of work with the Town includes the employee's acknowledgement that changing shifts or
Ordinance No. 15-04, Page 10
work schedules may be raquired, and includes that he/she will be available to do such
work.
Ill. Meal Periods
AJ Every effort will be made to ensure that all full-time erno|oyoeo receive a daily
meal break during each shift. There may be instanosn, huvvever, when on
employee may not receive a scheduled meal break due to scheduling and/or the
nature of the work.
B) Full-time employees (excluding Fire Department and Police Department shift
personnel) are normally provided aone-hour unpaid meal break near the middle
of the work day. K8eo| periods may be staggered by the department director in
order to minimize departmental interruption. Supervisors will provide employees
with the starting and ending times for their specific meal periods. Employees will
be relieved from vvoFh responsibilities during unpaid meal breaks. Employees
may not extend meal breaks beyond their assigned pahod, without prior
supervisor approval.
IV. Rest Breaks
/A FVU-bD1e employees may, depending on individual department work schedules
and the discretion of their supervisor, take up to two (2) fifteen (15) 0iOUhe. paid
Uneaha each day, one during the first part of the work day and the other during
the latter part ofthe work day,
N�0 B) Rest breaks shall be considered a privilege and not a right and shall neve[
interfere with proper performance of an employee's work responsibilities and
department work schedules.
C) Rest breaks must betaken at, near, minroute to or from work sites within the
fifteen -minute U[nds or as outlined in departmental policies. Employees whose
work aibae and or work schedules do not permit opportunities to obtain food or
beverages should plan ahead and take provisions with them to the work sites.
V. Attendance Records
Employees are expected to be at their work stations and ready to work at their
scheduled start time. Non-exempt employees are required to record the number of
hours worked each dmy, as well as the time they arrived at work, the time they left for
and returned from lunch, and the time(s) they left for and returned from any unpaid break
during the work day.
VI' Attendance and Punctuality
Tnmaintain asafe and productive work environment, the Town expects employees to be
reliable and punctual in reporting to work. Absenteeism and tardiness are disruptive and
place burden onthe Town and on co-workers. Either may lead todisciplinary aotinn,
up to and including termination of employment. The employee must disclose to his/her
supervisor the reason for the absence or tardiness and the date and time of his/her
anticipated arrival or return, For absences of a day or more, the employee must
Ordinance No. 1s-04.Page 11
E
personally notify his/her supervisor on each day of his/her absence unless the
supervisor expressly waives this requirement.
In most instances, an employee who fails to properly notify his/her supervisor in advance
of an absence or when he or she will be tardy will be subject to disciplinary action up to
and including termination of employment. An employee who fails to notify the Town of
an absence and is absent for a period of one (1) working day or shift may be presumed
to have voluntarily resigned his/her employment.
VII. Proof of Need for Absence
In the case of absenteeism, if the supervisor has reason to suspect abuse, he or she
may require the employee to present satisfactory proof of the need for the employee's
absence.
SECTION 7.05 SEXUAL AND OTHER UNLAWFUL HARASSMENT
The Town of Prosper is an equal opportunity employer. Employment discrimination on the basis
of race, religion, color, sex, national origin, age, disability, marital status, veteran status,
citizenship, or any other characteristic protected by law, is prohibited. All Town employees are
entitled to a workplace free of unlawful harassment by management, supervisors, co-workers,
citizens, and vendors. Town employees are also prohibited from harassing other employees,
citizens, vendors, and all other third parties.
Sexual Harassment
A) One form of unlawful discrimination is sexual harassment. Unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature constitute sexual harassment when:
• Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment, or
Submission to or rejection of such conduct by an individual is used as a
basis for employment decisions affecting such individual, or
• Such conduct has the purpose of effect of unreasonably interfering with
an individual's work performance or creating an intimidating, hostile, or
offensive work environment.
B) Sexual harassment may include a range of subtle behaviors and may involve
individuals of the same or different gender. Conduct prohibited by this policy
includes, but is not limited to sexual advances; requests for sexual favors; sexual
jokes and innuendo; verbal abuse of a sexual nature; commentary about an
individual's body, sexual prowess, sexual preference, or sexual deficiencies;
leering, whistling, or touching; insulting or obscene comments or gestures;
display in the workplace of sexually suggestive objects or pictures; and other
physical, verbal, or visual conduct of a sexual nature,
II. Other Prohibited Harassment
In addition to the Town's prohibition against sexual harassment, harassment on the
basis of any other legally protected characteristic is also strictly prohibited. This means
that verbal or physical conduct that singles out, denigrates, or shows hostility or aversion
Ordinance No. 15-04, Page 12
toward someone because of race, religion, color, national origin, ago, disabi|hv, veteran
statue, nbizenship, or any other characteristic protected by /avv is also prohibited.
Prohibited conduct includes, but is not limited to, epithet~' slurs, and negative
stereotyping; threatening, /n{irnidating, or hostile conduct; denigrating jokes and
comments; and writings or pictures that single out denigrate orshow hostility or aversion
toward someone on the basis of protected characteristic. Conduct, oomments, or
innuendoes that may be perceived by others as offensive are wholly inappropriate and
are strictly prohibited. This policy also prohibits saOdiDQ. shOvViOg. Sh@[iOg, or
distributing in any form, inappropriate jVhas, pictures, n0[nicS, storieG, etc., including but
not limited to Via facsimile, email, and/or the inte[neL Harassment of any DatUre, when
basad on raca, re|igion, co|or, s8x, national origiD, age, or disability, will not be tolerated.
Ill. Mandatory Reporting
A) The Town requires that employees report all incidents ofharassment, regardless
of the offender's identity or position. Any employee who observes Or otherwise
|a@n7a of possible harassment /n the xvu[hp|aoa, orwho feels that he or she has
been subjected to conduct prohibited by this policy, must report it immediately to
his or her supervisor, Human Reoourm*m, department director, or the Town
Manager.
B0 Any supervisor,manager, Or department director who becomes aware of
possible conduct prohibited by this Po|io/ rOUSt immediately advise his/her
department director. Human Resources, and/or the Town Manager.
C\ Under this po|icy, an employee may report to and/or contact the Town K8onager,
without regard to the employee's normal chain of command:
Town Manager
121 VV Broadway Street (Town Hall)
TX 75078
972-589-1010
Voice messages or emails may be left at any time.
0 In addition. the Town encourages employees who believe they are being
subjected tDconduct prohibited bvthis policy and who feel comfortable doing so,
to promptly advise the offender that his or her behavior is unvve|C0m8 and
request that itbediscontinued. This action may resolve the problem.
E) An employee who reports a potential violation of this policy and who feels his/her
report was not adequately or timely addnaseed, must then put his/her report /n
writing and submit itto the Town Manager.
IV. Investigation
All reports of prohibited conduct will be investigated promptly by management in as
confidential manner, as possible. The investigation may include individual interviews with
the parties involved and, where necessary, with individuals who may have other relevant
knowledge. All employees are required ƒocooperate with the investigation.
Ordinance No. 15-04, Page 13
V. Retaliation Prohibited
Retaliation against employees who make a good faith charge or report of prohibited
conduct or who assist in a complaint investigation is prohibited. Acts of retaliation must
be reported immediately as set out above.
V1. Responsive Action
Misconduct constituting harassment or retaliation will be dealt with appropriately.
Discipline, up to and including dismissal will be imposed upon any employee who is
found to have engaged in conduct prohibited by this policy. Likewise, disciplinary action
will be imposed in situations where claims of prohibited conduct were fabricated or
exaggerated.
SECTION 7.06
TOBACCO USE
The Town of Prosper desires to provide a safe and healthy work environment for citizens,
customers, and employees.
Prohibited Tobacco Use
A) The use of tobacco products (including smokeless) is prohibited in any Town -
owned or municipal building.
13) The use of tobacco products (including smokeless) is prohibited while operating
and/or being a passenger in Town -owned or leased vehicles and/or equipment.
C) No employee shall use tobacco products (including smokeless) while making
public contact.
D) Except as permitted in Section 11, below, no employee shall use tobacco products
(including smokeless) while on the clock.
11. Permitted Tobacco Use
Employees may use tobacco products outdoors in designated areas during their normal
rest or meal periods.
SECTION 7.07 TOWN PROPERTY/EQUIPMENT USE
The Town of Prosper attempts to provide employees with adequate tools, equipment, vehicles,
and facilities for the Town job being performed, and the Town requires all employees to observe
safe work practices and lawful, courteous operation of vehicles and equipment. Any Town -
provided safety equipment must be used at all times.
Town -issued Property/Equipment
From time to time, the Town may issue various equipment or other property to
employees, e.g., credit cards, keys, tools, security passes, manuals, written materials,
telephone cards, uniforms, mobile telephones, computers, and computer-related
equipment. Employees are responsible for items formally issued to them by the Town,
Ordinance No. 15-04, Page 14
as we/ as for items otherwise in their possession or control or used by them in the
performance oftheir duties. Atthe time ofissuance, employees may berequired tosign
certain forms or other documentation evidencing their receipt of property and/or
equipment and authorizing o payroll deduction for the cost of |oet, darnoged, or
uO[etu[ned items. In addition to payroll deducdOOs, the Town may take any other action
it deems appropriate or necessary to recover and/or protect its property.
[I. Damage to Town Property/Equipment
Employees must notify their supervisor i[n[Dedi@tek/ if any vehicle, equipment, machine,
too, eto, appears to be damaged or defective, or is in need of repair. The appropriate
supervisor can answer questions about an employee's responsibility for maintenance
and care of equipment used on the 'ob. The i0pn]per, caFe/eea, negligent, destructive,
or unsafe use Or operation of equipment may result in disciplinary action, up to and
including termination Ofemployment.
UL Personal Use Prohibited
Town property, rD8t8ha|S' supplies, ioo|S. equipment or vehicles may not be removed
from the premises or used for personal business without prior written approval by the
Town Manager, orthe department director,
IV. Vehicle Allowance
An employee may be given a monthly allowance for consistently using such employee's
0vvD vehicle for Town business if the use is deemed necessary by the Town Manager.
The amount ofthe allowance shall bedetermined bythe Town Manager.
V. Take -Home Vehicles
A) An employee may be authorized to take Town vehicles to his Or her residence
when the employee is an "on-call" employee who has a job-related need for the
vehicle after normal working hours.
B) Employees authorized t0take oTovvn vehicle to his or her residence during off-
duty hours must complete and sign GO Authorization for Take -Home Vehicle
Form. The form must be comp|ebsd, signed by the emp|oyee, and approved by
the designated supervisor and department director. The authorization for a take-
home vehicle may be approved by the department director when the employee
resides inthe corporate limits ofthe Town ofProsper. |fthe employee does not
reside in the corporate Town limits of the Town Of PrVsper, the authorization
must beapproved bythe Town Manager.
[3 Employees authorized totake vehicles home are authorized LVmake reasonable,
bhef, and limited stops before or after assigned work shifts while traveling to and
from work to conduct personal errands' such as obtaining o limited number of
grocery itenng, picking up cleaning, making a bank transaction, and the //he. On-
call employees, who are allowed b3come and go freely but must respond to a
return -to -work notification by pager, nadio, cell phone, or telephone, may use
"take-home" vehicles for personal business if such use is required to meet
-- response times outlined in deportment or division policies. Under no
Ordinance No. 10-0* Page 15
circumstances shall family numbers or friends be transported in the take-home
vehicles unless specifically authorized under the provisions of this policy.
[)> The Town's vehicles are classified as either ^axerncd^ or "non-exempt" an
prescribed by law. Employees towhom a "non-exempt" vehicle is assigned for
take-home will likely incur federal income tax liability for the fringe benefit Of
commuting toand from work. Most pickups, vans, and automobiles are classified
as "non-exempt" vehicles. Police and fire vehicles used byon-call employees,
24-hou[Sare normally exempt from the fringe benefit tax liability,
E] The approval for a take-home vehicle shall be made for the purpose of assuring
the performance of Town buainess, and such authorization or use shall not
constitute or be considered a vested ennp|oyrnerd benefit or right of the
employee. Such authorization or use may be denied, nevoked, or suspended at
any time for any reason or for no reason.
V1. Use of Town Vehicles
/A Town owned or leased vehicles may only be used for official Town business.
Town owned or leased vehicles may only be driven by authorized Town
employees. If an employee drives o Town -owned, nanhsd` or leased vehicle on
the job or while carrying out Town -related business, the employee must comply
with the Vehicle Operator Standards aodescribed inthe Town cfProsper Health
and Safety Prognarn, and the following rules:
(1) C>r\va[a must have o valid State ofTexas driver's license appropriate for
the vehicle openated, must maintain o satisfactory driving record. and
must inform their supervisor Ofany change in Status.
(2) No passengers other than Town employees or others on Town business
may ride in a Town vehicle unless otherwise approved in advance by the
department director.
(3) No personal use of vehicles iSallowed without the prior,
specific approval ofthe department director.
(4) All maintenance and use records for Town vehicles must be completed as
directed by the employee's suparvieor, department directives or the Town
of Prosper Health and Safety Program.
(5) Report any broken, missing, or worn parts. Ures, etc., or any needed
maintenance of Town vehicles to the appropriate supervisor immediately.
(6) Drivers covered by Department of Transportation regulations must
comply with them otall times.
(7) At no time may an employee under the influence Of alcohol Or illegal
drugs drive aTown vehicle ora personal vehicle while conducting Town
business.
Ordinance No. 16-04, Page 16
U8\ Employees involved in an accident while operating a Town vehide, or
xvhika operating personal vehicle onTown business, must immediately
notify the proper |avv enforcement agency (if applicable) and the
~~�
appropriate supen//sor, department director, and/or the TVvv. Manager.
Accident Reports, along with any law enforcement R9port, must be filed by
the employee with the department director and the Town Manager.
The above is not a complete and exhaustive list of vehicle use policies. Violations
of any of the specific items |iSt8d, as well as the i[npnDpe[. can8|eSs. Deg|igent,
destructive, or unsafe Use or operation of a vehio|e, may result in disciplinary
actiOO. Up to and including termination of employment.
B\ The Town may, at any time, check the driving record of Town employee who
drives an part of his/her job duties to determine that he/Sha nnainƒ8iDa the
necessary qualifications as a Town driver. Employees agree that they will
cooperate in giving the Town whatever authorization is required for this purpose.
C) Employees who are in jobs that require the driving/operating of Town vehicles or
motorized equipment must notify their gupen/iaor, department director. or the
Town Manager hythe end Vfthe department's next working day when:
(1) They are arrested and charged with [)VV|. DU|D, Or any other serious
moving violation;
CQ They have their driver's license suspended, cancelled, orrevoked;
(3) Their license expires without immediate renewal; or
(4) An Occupation Dhvaha License or similar license has been issued to
them.
F8Uumg to report such infO0nabOD by the end of the DeXi wndWOQ day Sh@U result
in disciplinary action up to and including terDinatiOn, unless there are
extenuating circumstances.
[8 Employees who are in jobs that require the driving/operating of Town vehicles or
motorized equipment who are convicted of @ OVV| or DUI will be terminated,
8|thDU0h the TDvVD may also take disciplinary action prior to conviction.
Determination for [gDloV8| of driving privileges and/or disciplinary action while
waiting for adjudication shall be made by the department director in concurrence
with the Town Manager on a case-by-case basis.
SECTION 7'08 DRESS, APPEARANCE, IDENTIFICATION, AND UNIFORMS
Employees must, atall times, dress appropriatelyond professionallyand present aclean and
neat appearance while atwork and while representing the Town or conducting Town business.
The Town aUovve business casual dress inthe work place year-round. in accordance with this
policy* Department directors are strongly encouraged to allow their employees to participate in
business casual dress, as practical. Department directors and supervisors are responsible for
enforcing this policy in their respective departments in order to maintain acceptable dress and
�-
appearance.
Ordinance No. 1s-0^.Page 17
Professional business attire or a required uniform is to be worn when there is a need to present
a more formal professional appearance for meetings or special events. Suho, dress shirts, and
des for men and suits or dresses for women are proper attire for personnel scheduled for
agenda presentations (i.e. Town Council meedngo, receptions, etc.). Employees must
remember that they are professionals one hundred percent (100%) of the time and are dressing
for business, not for pleasure. Attire must always reflect a professional business attitude and
presence. Police and Fire Department employees may be covered under departmental policies
regarding appropriate dress and appearance.
1. Standards for Work Attire
/A All employees are expected kJcomply with safety regulations —e.g, types of
shoes, shirtsleeve length, etc. —aodirected by departmental and industry safety
E0 All office and public contact employees are expected to be appropriately dressed
and well groomed in order to reflect a professional businesslike atmosphere.
C3 Clothing should be clean, cODlfDrt@b|8, and attractive, but not distracting. Clothing
having pictures, deSigOs. words, and/or advertising not conducive UJ g
professional inl@ge, see-through, and/or otherwise sexually provocative clothing
are prohibited for all employees.
Cx The following are inappropriate:
° Provocative or revealing attire including body -hugging, see-Uhrough, or
excessively tight fabrics;
* Bona shoulders ortank tops with shoulder straps less than one inch (1^)
Vvid8|
w Thong sandals (l5\p-flon"ehoem);
* Clothing with unclear o, obscene messages or that 8OdOrS8s 8|QJhO[
tobacco prodUCts, dnJgS' po[Oogr@phy. or offensive nlmteha| of any kind;
* VV[inh|ed, hpped, and tattered clothing;
* Visible tattoos which could be deemed offensive;
.
* Nose hOgs/studs, eyebrow rings/studs; tongue studs or similar type facial
jewelry; and
* Jeans, sweat shirts, evvead panto, athletic ohoes, or shorts ofany type are
not acceptable unless @ special casual wear or festive occasion is
declared by the Town K8gnaQer, or as specifically approved by the
appropriate department director mawork assignments dictate.
HINNEW. M
Hairstyles and hair colors must beappropriate tothe employee's position and extremes
nfany type one unacceptable. For example, green hair. Mohawk eh/|e hmiroute, and
severely Spiked hair are not allowed. Hai[' including f@c|8| hair' must be clean and
neatly groomed ot all times. Sideburns may not extend below the ear lobe.
Ordinance No. 15-o4 Page 18
I|U' Identification Cards
AJ As part of the employment prooeeo, all regular full-time and part-time arno|nyeas
will be issued an identification card. The identification card must be kept within
reasonable access while employed bvthe Town for verification of ernp)oyrOeDL It
iothe responsibility ofthe employee toensure that current information iareflected
OOhis/her identification card.
8) Lost, stolen, ormutilated cards must be reported to the Human Resources
Department. Police and Fine personnel must report |oet, stolen, or mutilated
cards as Stated in department operating procedures. Employees needing to
acquire a replacement card and/or correct or updated information on their
identification card should contact the Human Resources Department.
C) Upon separation hDmemp|oyment the card must terelinquished tothe Human
Resources Department prior to receiving a final paycheck.
IV. Uniforms
AJ The Town nuoo|ieg many employees with appropriate uniforms. Employees in
]Obs that require a uniform will be told how and vvh8ne the uniforms can be
obtained. The Town will provide replacement Vnifonne, as necessary. Uniforms
must beclean and neat. TDvVn-OvvDad or authorized uniforms may not be used
outside of work, for personal use, or by any third party. Town uniforms may be
used by Town employees inconnection with outside employment only with the
department director's prior written authorization.
B) Employees who are provided with uniforms are required to wear their uniforms
when on duty and keep them in good, o/emn, and serviceable condition. No port
of the uniform shall beworn byitself. AOemployee must wear the entire uniform
when on duty. No part of the UDihJrNn shall be VxOFO when Off dUty, except to and
from work.
C) When an employee terminates employment with the Town, uniforms and other
Town equipment, which the 8Olp|nye8 poBoegoeS, must be returned in good
condition before final pay will be authorized. The cost of lost or damaged Town
property and uDreturO8d uniforms will be deducted from the employee's UO@|
paycheck.
V. Enforcement
AJ /n all oaeea. the Town will rnehe the determination as to acceptable drena,
appearance and grooming. Employees should direct questions about
appropriate appearance ordress to their supervisor, Department [)ineobor. or the
Town Manager.
BU Employees iDviolation ofthis policy may be sent home. In Such {jrcurDstances,
non-exempt employees will not be paid for work time mioaed, and exempt
employees will berequired tomake upthe work time missed. Employees whose
grooming or personal appearance violates this policy may be disciplined, up to
and including termination of ���
Ordinance No. 15-04, Page 19
ISECTION 5
The Town Council hereby affirms and adopts said policy amendments referenced above
and further, hereby affirms and adopts the current Town of Prosper Personnel Policies and
Procedures Manual, with the amendments referenced above.
SECTION 6
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect, The
Town hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full
force and effect.
SECTION 8
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF JANUARY, 2015.
Ray Sith, Mayor
ATTEST:
Robyn Bath e, Town Secretary
I
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 15-04, Page 20