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2032ORDINANCE NO. 03~ AN ORDINANCE TO AMEND THE PERSONNEL MANUAL OF THE CITY OF WEST MEMPHIS, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, the Arkansas Municipal League has encouraged the City of West Memphis to update its personnel policies; and WHEREAS, the City Council of the City of West Memphis desires to amend the Personnel Manual of the City of West Memphis, Arkansas, to incorporate the recommendations of the Arkansas Municipal League; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. Section 2. I of the Personnel Manual of the City of West Memphis is amended to read as follows: STATEMENT OF POLICY The City of West Memphis is an Equal Opportunity Employer. It is the policy of the City to comply with the non-discriminatory provision of all state and federal regulations including the Equal Employment Opportunity Act of 1972. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on all work sites of the City of West Memphis. Any employee who has a drug or alcohol problem is encouraged to seek assistance from the local hospital's drug and alcohol rehabilitation and treatment program or from the Employee Assistance Program. SECTION 2. Section 3 of the Personnel Manual of the City of West Memphis is amended to add the following as Section 3.9: UNLAWFUL HARASSMENT The City of West Memphis expressly prohibits its officials or employees from engaging in any form of unlawful harassment of employees b::esed on race, religion, color, gender, national origin, age, disability or status as a veteran or special disabled veteran. Harassment is any annoying, persistent act or actions that single out an employee, over that employee's objection to his or her detriment, because of race, sex, religion national origin, age (over 40) or disability. Harassment may include, but is not limited to the following actions: Verbal abuse or ridicule; 2. Interference with an employee's work; Displaying or distributing sexually offensive, racist or other derogatory materials; 4. Discriminating against any employee in work assignments orjob-related training because of one of the above-referenced bases; Intentional physical contact with either gender-specific portions of a person's body or that person's private parts; 6. Making offensive sexual, racial or other derogatory hints or impressions; Demanding favors (sexual or otherwise), explicitly, as a condition of employment, promotion, transfer or any other term or condition of employment. It is every employee's and official's responsibility to ensure that his or her conduct does not include or imply harassment in any form. If, however, harassment or suspected harassment has or is taking place: _ A. An employee should report harassment or suspected harassment immediately to the department head. If the department head is the alleged harasser, then the complaint should be reported to the supervisor in the chain of command. This complaint should be made in writing. B. Anytime an employee has knowledge of harassment he/she shall inform the department head in writing. C. Each complaint shall be fully investigated and a determination of the facts and an appropriate response will be made on a case-by-case basis. The City of West Memphis will not tolerate harassment or any form of retaliation against an employee who has either instigated or cooperated in the investigation of alleged harassment. Disciplinary action will be taken against offenders. SECTION 3. Section 4.9(B) of the Personnel manual of the City of West Memphis is hereby amended to read as follows: UNIFORMED SERVICES Certain rights to re-employment after service in the uniformed services, as well as provisions relating to pension and health benefits are established in the Uniformed Services Employment and Re-employment Rights Act of 1994, 38 U.S.C. § 4301 et secy., and in A.C.A. ~ 21-4-102. It is the city's policy to honor and comply with the provisions of those statutes. In addition, employees who are members of a military service organization or National Guard unit shall be entitled to a military leave of fifteen (15) days with pay plus necessary travel time (A.C.A. § 21-4-102). SECTION 4. Section 4 of the Personnel Manual of the City of West Memphis is hereby amended to add the following as Section 4.11: FAMILY MEDICAL LEAVE The Family Medical Leave Act (FMLA) of 1993 requires cities to offer up to twelve (12) weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons. Eligible city employees may take up to twelve (12) weeks of unpaid leave for the following reasons: • The birth and care of the employee's child; ~ The placement of a child into an employee's family by adoption or by foster-care arrangement; • The care of an immediate family member (spouse, child or parent) who has a serious health condition; and • The inability of a city employee to work because of a serious health condition which renders the employee unable to perform the essential functions of his or her job. The Federal Act requires that the city maintain the employee's health coverage under any group plan during the time the employee is on FMLA leave. To be eligible for the FMLA benefits employees must: ~ Be employed by the city for at least one year; • Have worked 1,250 hours over the previous twelve (12) months preceding the leave request. City employees must use vacation or accrued leave before FMLA leave will be granted. City employees are required to provide advance leave notice in writing, to the employee's supervisor (at least 30 days) when leave is foreseeable (such as childbirth, adoption or planned medical treatment, or as early as possible if the leave taken is not foreseeable 30 days in advance). The city requires written medical certification that the leave is needed due to the employee's own serious health condition or that of a family member. Depending on each individual situation, the city may require a fitness for duty report to return to work. The city understands that upon return from FMLA leave, most employees must be restored to their original or equivalent position with equivalent pay, benefits and other employment terms. Furthermore, the use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Additional information and forms may be obtained from the Personnel Department. SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. PASSED AND APPROVED this a~ day of SU N ~ , 2002. M WILLIAM H. JOHNS N, MAYOR ATTEST: PH ARA, CITY CLERK SPONSORED BY: RECENED cmrc~wcso~ ~ P