HomeMy WebLinkAboutPersonnel PoliciesRevised: June 2021
Approved by Resolution of City Council: Resolution No. 21-159 on June 15, 2021
City of Iowa City
Personnel Policies
Personnel Policies Rev. June 2021
This policy manual is not intended to create any contractual rights in
favor of you or the City of Iowa City. The City reserves the right, at
any time, to amend, delete, revise, or add to any provision in its sole
discretion.
Personnel Policies Rev. June 2021
TABLE OF CONTENTS
Section 1 Introduction ...............................................................................................................1
Section 2 Administration ...........................................................................................................1
Section 3 Equal Employment Opportunity ................................................................................1
Section 4 Labor Relations ........................................................................................................2
Section 5 Civil Service Coverage .............................................................................................2
5.1 Rights and Benefits
5.2 Appeal Rights
Section 6 Harassment and Discrimination................................................................................3
6.1 Harassment
6.2 Sexual Harassment
6.3 Discrimination
6.4 Complaint Procedure
6.5 Confidentiality
6.6 Retaliation
6.7 Consequences of Harassment
6.8 Duty to Prevent and Report
Section 7 Workplace Violence Prevention................................................................................5
7.1 Policy
7.2 Definition
7.3 Employee Responsibilities
7.4 Investigation and Follow-Up
7.5 Confidentiality and Retaliation
7.6 Post-incident Responses
7.7 Violent Situations Outside the Workplace
7.8 Workplace Security Suggestions and Recommendations
Section 8 Employee Relations and Conduct ............................................................................7
8.1 Employee Conduct and Ethical Standards of Behavior
a. Impartiality
b. Use of Information
c. Use of City Resources
d. Gifts
e. Employment Conflicts
f. Political Activity
8.2 Discipline
8.3 Weapons
8.4 Appearance-Grooming
8.5 Scented products
8.6 Personal Activities
8.7 Supplemental Employment
8.8 Religious Holidays
8.9 Education
8.10 Medication/Work Restriction Notification
8.11 Breastfeeding Breaks
8.12 Criminal Convictions and/or Conduct
8.13 Personal Use of Social Media
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Section 9 Whistleblower Policy & State Ombudsman’s Office ...............................................15
9.1 Definition of Improper Governmental Action
9.2 Complaint Procedure
9.3 Retaliation Prohibited
9.4 State Ombudsman’s Office
Section 10 Employee Assistance Program ..............................................................................16
Section 11 Substance Abuse Policy .........................................................................................17
11.1 Policy
11.2 Purpose
11.3 Applicability
11.4 Prohibited Substances/Behaviors
a. Illegally Used Controlled Substances or Drugs
b. Misuse/Abuse of Legal Drugs
c. Alcohol
11.5 Prohibited Conduct
a. Manufacture, Trafficking, Possession, and Use
b. Alcohol Use
c. Treatment
d. Notifying the City of Criminal Drug Conviction
11.6 Proper Application of the Policy
11.7 Testing Procedures
a. Pre-Employment Drug Testing
b. Unfit for Duty/Impaired
c. Reasonable Suspicion Testing
d. Post-Accident Testing
e. Refuse to Test
11.8 Consequences for Policy Violations
a. Positive Test Results
b. Second Positive Test Results
c. Refusal Consequences
d. Follow-Up
e. Invalid Drug Tests
f. Violations
Section 12 License, Certification, and Insurability Requirements .............................................22
12.1 Maintaining a Valid License
12.2 CDL Notification Requirements
12.3 Insurability
Section 13 Personnel Transactions ..........................................................................................23
13.1 Personnel Files
13.2. Medical Files
13.3 Public Information
13.4 Job Description
13.5 Position Classification
13.6 Fair Labor Standards Act (FLSA) Classification
13.7 Employment of Relatives
a. Management Conflict
b. Chain of Command Conflict
13.8 Termination of Employment
a. Resignation
b. Retirement
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c. Benefits Termination
d. Exit Interviews
Section 14 Safety ....................................................................................................................27
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Section 1: Introduction
The purpose of this document is to set forth the policies by which personnel-related decisions,
made by either supervisor or employee, are to be guided and to express mutual expectations
for conduct in the workplace. The City's ability to manage and provide public services with
efficiency and effectiveness is dependent upon the capability and performance of its
employees. The City strives to provide a positive working environment which promotes and
supports respect, diversity and inclusivity, professional development, open communication, and
sensitivity to employee needs.
Section 2: Administration
These policies generally cover all City employees and prospective employees. However, not
all provisions may apply to variable hour and seasonal staff. Iowa City Public Library employees
are subject to Personnel Policies as approved by the Library Board of Trustees.
These policies work to ensure decisions will be made consistently and in accordance with
overall City goals regarding employee relations. Questions of policy interpretation should be
addressed to Human Resources. The City Manager or their designee shall be responsible for
final interpretation and application of these policies. The principles expressed herein will be
used as a guide regarding issues not specifically addressed in these policies.
This document should be read in conjunction with negotiated labor contracts, non-bargained
employment manuals, administrative regulations, and operating policies and procedures
published by Human Resources and other City departments.
Upon initial appointment to a budgeted position, all employees of the City shall be furnished a
copy of these policies. Any substantive changes or amendments shall be posted to the City’s
website. Employees will be notified that updated policies are available online and hardcopies
will be provided upon request.
Section 3: Equal Employment Opportunity
It is the policy of the City of Iowa City to prohibit discrimination and harassment of any type and
to afford equal employment opportunities for all employees or applicants without regard to race,
creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital
status, mental or physical disability, genetic information, veteran status, or other class/category
protected by federal, state, or local law, except where age, sex, or physical ability constitute a
bona fide occupational qualification necessary for job performance. This extends to all areas
of personnel administration including but not limited to recruitment, employment, promotion,
transfer, training, working conditions, wages, benefits, and application of personnel policies,
and shall be consistent with all protections afforded by applicable federal, state and local law.
No personnel decision, action, term, condition or privilege of employment shall be unlawfully
influenced in any manner by consideration of an individual’s membership in a protected class.
It is the goal of the City of Iowa City to ensure equitable and non-discriminatory treatment of all
applicants and employees, to remove barriers to employment for underrepresented populations
and to achieve a diverse and inclusive work force that reflects the diversity within our
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community.
The City of Iowa City shall also encourage or require equal employment opportunity efforts from
vendors, contractors, consultants, and firms with which the City does business.
The City will use recruitment and selection practices that support this policy by displaying
required equal employment opportunity posters in areas visible to employees and by identifying
the City as an Equal Opportunity Employer on its job advertisements, postings, self-service
employment opportunities site and online application form, website, and other recruitment
sources. The City will make efforts to inform individuals from historically disadvantaged
populations of both employment opportunities and the City’s hiring process through targeted
distribution of job postings, general recruitment and hiring information and events such as job
fairs. The City will also periodically review its outreach efforts and recruitment, hiring, and
selection procedures, adjusting as appropriate to ensure best practices to promote diversity
and reduce implicit bias are being implemented and used as appropriate and feasible. City
personnel who have responsibility for selection and hiring shall be trained in and held
responsible for using legal interviewing and selection techniques and criteria.
Section 4: Labor Relations
The City recognizes its duty to bargain collectively with employee organizations certified by the
Public Employment Relations Board, as provided by state law. Pursuant to this requirement,
the duties, obligations, and rights of the City and each certified employee organization are set
forth in the collective bargaining agreements mutually entered into by the City and the employee
organization. Please refer to the appropriate collective bargaining agreement for specific
details.
Section 5: Civil Service Coverage
The rules and regulations as set forth in Chapter 400 of the Code of Iowa shall apply to all
permanent positions within the employment of the City of Iowa City with the exception of the
positions of:
City Manager, Deputy City Manager, Assistant City Manager, the Directors of Finance, Public
Works, Neighborhood and Development Services, Parks and Recreation, Transportation
Services, and the Directors of any other city department as may be created; Police Chief*,
Fire Chief*; Human Resources Administrator; City Attorney; Assistant City Attorneys; Human
Rights Coordinator/Equity Director; City Clerk, Deputy City Clerk; all Division Heads;;
Secretaries to the Department Directors; employees of the Library Board or Airport
Commission; and any other positions specifically excluded by the Code of Iowa.
*The positions of Police Chief and Fire Chief shall receive the benefits of the Iowa Civil
Service Act for selection purposes and Civil Service status under Iowa Code Sections 400.13
and 400.14.
5.1 Rights and Benefits
Applicants for entry level or promotional civil service positions will be tested through impartial
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examinations which fairly test each applicant's ability to perform in the position. Examinations
may consist of review of application materials, oral interviews, and/or written, practical, or
physical agility examinations as are appropriate to the position.
5.2 Appeal Rights
Following completion of probation, an employee covered by Civil Service who is removed,
discharged, demoted, or suspended may appeal the disciplinary action to the Civil Service
Commission, and will be entitled to a hearing before the Civil Service Commission. Appeals
must be filed with the Clerk of the Commission (City Clerk) within 14 calendar days after the
removal, discharge, demotion, or suspension.
Section 6: Harassment and Discrimination
The City of Iowa City is committed to providing a work environment in which people are treated
with dignity, decency, and respect, and which is free of harassment and unlawful discrimination.
6.1 Harassment
Harassment may take many forms, including behaviors that are overt or subtle. Harassment
may occur between or among members of the same or opposite sex or gender identity,
employees and the public, contractors or vendors, co-workers, or subordinates and
supervisors. Harassing behavior of any nature can have the effect of creating a hostile or
offensive work environment and is prohibited. This can include conduct occurring outside of the
workplace which has an impact on the work environment
For the purposes of this policy, harassment is any verbal or physical conduct that threatens,
intimidates, demeans, humiliates, or coerces an employee or any person working for or on
behalf of the City. Verbal taunting that impairs an individual’s ability to perform their job is
included in the definition of harassment.
Harassment may take the form of, but is not limited to:
• Comments that are offensive or unwelcome regarding a person’s race, creed, color,
sex, national origin, religion, age, sexual orientation, gender identity, marital status,
mental or physical disability, genetic information, veteran status, or other class/category
protected by federal, state, or local law, body, or appearance including epithets, slurs,
and negative stereotyping.
• Abusive and offensive language, insults, teasing, name-calling, spreading rumor and
innuendo, unreasonable criticism, isolating people from normal work interaction,
excessive demands, and practical jokes.
6.2 Sexual Harassment
Sexual harassment is defined as unwelcome conduct that affects terms or conditions of
employment or creates an intimidating, hostile, or offensive work environment. Such
harassment is prohibited for all employees, regardless of status, including supervisors,
subordinates, administrators, and co-workers. No employee, regardless of gender identity,
should be subjected to such conduct. Sexual harassment may also occur between same
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sex employees.
Sexual harassment may take the form of, but is not limited to the following and may include
more subtle actions:
a. Deliberate or repeated unsolicited verbal comments, questions, representations, or
physical conduct of a sexual nature that is unwelcome to the recipient.
b. Making or threatening to make decisions affecting an employee's job on the basis of
the acceptance or refusal of a request for sexual intimacy.
c. Unwelcome sexually explicit, lewd, threatening or vulgar language, sexual jokes,
innuendo, or propositions; suggestive comments; lewd gestures; requests for any
type of sexual behavior (including repeated, unwelcome requests for dates); and
verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment,
including that which is sexual in nature.
d. Distribution, display or discussion or any written, electronic or graphic material,
including calendars, posters, cartoons, that are sexually suggestive or show
hostility toward an individual or group because of sex, suggestive or insulting
sounds; leering, staring; whistling; content in letters and notes, facsimiles, e-mails,
photos, text messages, Internet/social media postings; or other form of
communication that is sexual in nature and offensive.
e. Unwelcome, unwanted physical contact including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing and fondling and forced sexual intercourse or assault.
6.3 Discrimination
It is a violation of City policy to discriminate in the provision of employment opportunities,
benefits or privileges; to create discriminatory work conditions; or to use evaluative
standards that discriminate, in whole or in part, based on a person’s race, creed, color, sex,
national origin, religion, age, sexual orientation, gender identity, marital status, mental or
physical disability, genetic information, veteran status, or other class/category protected by
federal, state, or local law. Discrimination of this kind may also be prohibited by federal, state,
or local laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1975, and the Americans with Disabilities Act of 1990. This policy is
intended to comply with these laws.
6.4 Complaint Procedure
The City will thoroughly pursue and investigate complaints of harassment, discrimination, or
denial of civil rights and appropriate action will be taken. Conduct which may be in violation
this policy should be reported to the Human Resources Administrator, a department supervisor,
or the City Attorney's office. Human Resources, the City Attorney’s office, and/or other
administrative staff as appropriate will investigate, including interviews of complainant,
respondent, and witnesses as necessary. If an investigation determines that an employee has
violated this policy, appropriate discipline will be issued.
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6.5 Confidentiality
Throughout the complaint process, the confidentiality of the information received, the privacy
of the individuals involved, and the wishes of the complaining person will be protected to the
extent possible, while allowing the City to meet its obligation to investigate such complaints.
The expressed wishes of the complaining person for confidentiality will be considered in the
context of the City’s legal obligation to act on the complaint and the right of the respondent to
obtain information.
6.6 Retaliation
Retaliation against any person for filing or responding to a complaint either formally or
informally, for participating in the complaint and investigation process, or for participating as a
witness in an investigation is prohibited and will be considered a violation of this policy.
Employees who believe they are being retaliated against in violation of this policy should follow
the reporting process outlined in Section 6.4. The City will thoroughly investigate claims of
retaliation. Any person who is found to have engaged in retaliation in violation of this policy will
be subject to disciplinary action up to and including termination of employment.
6.7 Consequences of Harassment or Discrimination
Harassment and discrimination is unacceptable conduct in any form, and can be the basis for
a discrimination claim against the City and/or an individual employee. It is the City's position
that every employee has the right to work in an environment free of any type of harassment or
discrimination. Consequently, any employee who engages in prohibited conduct will be subject
to disciplinary action, up to and including termination of employment.
6.8 Duty to Prevent and Report
All employees have an affirmative duty to prevent harassment and discrimination in the
workplace by supporting an environment that discourages harassment or discrimination of any
kind and which promotes and supports respect, diversity and inclusivity in the workplace and
community. This includes reporting any conduct that may constitute harassment,
discrimination, or denial of civil rights to a department supervisor, the Human Resources
Administrator or the City Attorney’s Office. Supervisors are required to forward all reports to
Human Resources or the City Attorney’s Office to ensure appropriate follow-up and
investigation.
Section 7: Workplace Violence Prevention
7.1 Policy
Providing a safe and healthy work environment is essential to the City of Iowa City. Violence or
the threat of violence by or against any City employee, or any other person, is prohibited. All
reports of violence will be promptly investigated and appropriate action will be taken.
7.2 Definition
The City defines workplace violence as any act of physical, verbal, written, or electronic
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aggression affecting the workplace. This includes the destruction or abuse of property and any
visual, verbal, or physical act, that warns of or expresses an ability or intent to harm or kill; is
intended to intimidate or create fear, or has the purpose of unreasonably interfering with an
individual’s reasonable expectation of a safe, non-hostile, or respectful work environment,
whether made in person, by telephone, mail, written or electronic communications, or other
means, including conduct that occurs outside of the workplace or during non-working hours.
7.3 Employee Responsibilities
All employees are required to refrain from any conduct that violates this policy, to promptly
report to the Human Resources Administrator, a department supervisor, or the City Attorney’s
Office any incidents or threats of workplace violence, and to cooperate with any investigation
of workplace violence. Employees are also expected to report any situation or threats of
violence which may follow them into the workplace or otherwise impact other City employees.
Supervisors, with assistance from Human Resources, are responsible for ensuring proper
response, investigation and follow up on any reported or observed incidents of workplace
violence. Violence, the threat of violence or any other conduct that would fall under this policy
must be reported to Human Resources as soon as the reporting party becomes aware of it.
7.4 Investigation and Follow-Up
Any reported or alleged violation of this policy will be promptly investigated by the appropriate
management staff, Human Resources, and/or the City Attorney’s Office. Violations of this policy
may result in disciplinary action up to and including termination of employment and/or a report
to law enforcement.
7.5 Confidentiality and Retaliation
To the greatest extent possible, anonymity will be maintained during the investigation.
However, anonymity will be maintained at the discretion of those investigating and resolving
the complaint only to the degree that it does not compromise the investigation. There is no right
to or guarantee of anonymity.
Any employee who acts in good faith by reporting real, threatened, or implied violent behavior
will not be subjected to any form of retaliation or harassment. Any retaliatory behavior resulting
from a report of violence must be reported to the Human Resources Administrator or City
Attorney’s Office for investigation and appropriate action.
7.6 Post-incident Response
Injured staff will receive prompt medical treatment and appropriate post-incident counsel.
Human Resources will assist the supervisor with coordination of appropriate post-incident
response which may include a critical incident debriefing session and/or counseling through the
Employee Assistance Program.
7.7 Violent Situations Outside the Workplace
In order to fulfill its obligation to protect employees from violence, the City requires that an
employee apprise their supervisor or Human Resources of any situation involving violence or
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the threat of violence that may carry over into the workplace such as a restraining order issued
for the protection of the employee, harassing or threatening phone calls, email or other
electronic messages, being or suspicion of being stalked, and any other circumstance the
employee perceives as threatening to the health and safety of the employee or others in the
workplace.
7.8 Workplace Security Suggestions and Recommendations
Employees are strongly encouraged to offer recommendations for improving safety within work
sites throughout the City. These suggestions may be made directly to supervisors, Human
Resources, or Risk Management.
Section 8: Employee Relations and Conduct
The work of every employee is important. Employee performance and conduct have an effect
on an employee's success with the City and the work environment, as well as effecting the
quality of service to the Iowa City community. Employees have a right to expect fair treatment
and fair compensation from the City. In return, employees are expected to work diligently
toward providing high levels of public service and conducting themselves in a manner that
positively contributes to a respectful and productive work environment.
8.1 Employee Conduct and Ethical Standards of Behavior
City employees are expected to conduct themselves in a courteous, respectful, responsive
manner and in a manner which demonstrates high ethical standards, professionalism, and
inspires public trust. These expectations and standards of behavior extend to individuals under
consideration for an offer of City employment, as well. All City employees are required to:
• Refrain from engaging in conduct which could violate federal, state or local laws
and/or reflect unfavorably upon the City or their department.
• Refrain from engaging in conduct which represents or could reasonably be
interpreted to represent a conflict of interest.
• Put forth honest effort in the performance of their duties.
• Carry-out and support the established policies of the City in the performance of
their job duties, regardless of their personal opinions of said policies.
• Decline any extraneous fee or gratuity for work performed on behalf of the City.
• Refrain from granting or making available to any person, any consideration,
treatment, advantage or favor beyond that which is granted or made available to
the public.
• Immediately report to their supervisor any outside interests that may be affected
by City of Iowa City plans or activities or result in a conflict of interest or the
appearance of such conflict.
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a. Impartiality
Employees must:
• Avoid any action which might result in or create the impression of using public
office, employment with the City for private gain, giving preferential treatment to
any person or entity, or losing impartiality in conducting City business.
• Refrain from securing privileges or exemptions for themselves or others beyond
that which would be available to the public at large.
b. Use of Information
Employees may not use confidential information for their own financial advantage or to
provide others with financial advantages or information which could be used for financial
advantage. Each employee is charged with the responsibility for ensuring that they release
or provide only information that should be or already is available to the public at large.
c. Use of City Resources
Employees may not use or permit the use of any publicly owned resource (property, vehicle,
equipment, labor, service or supplies (new, surplus, scrap, or obsolete)) for the personal
convenience or advantage of the employee or any other person other than what is generally
available to the public. No City-owned property may be removed from the workplace except
for the purpose of conducting City business. Use of City facilities, supplies, equipment, or
worktime for supplemental employment is prohibited.
d. Gifts
State law (Iowa Code section 68B.22, as amended) restricts gifts that can be received by
public employees or their families. As the law states, “the acceptance of personal benefits
from those who could gain advantage by influencing official actions raises suspicions that
tend to undermine the public trust.” Compliance with the law, for the reasons identified
therein, is of crucial importance to the City.
There are exceptions to the restrictions, including accepting nonmonetary items with a value
of three dollars ($3.00) or less, or accepting items made available free of charge to
members of the general public without regard to their employment. However, before
accepting any other gift, employees should consult with the City Attorney’s Office for
confirmation of an available exception.
e. Employment Conflicts
City employees may not work for an outside employer whose interests might conflict with
those of the City. City employees may not use their jobs with the City to further their interest
in any supplemental job. City employees may not work for, or directly invest in, businesses
with whom they must deal in the course of their employment with the City.
f. Political Activity
City of Iowa City employees are free to exercise all rights of citizenship. However, in order
to obey federal and state laws, and to ensure that the City will operate effectively and fairly,
some guidelines are necessary. Therefore, the following restrictions have been
established:
(1) An employee shall not, while performing official duties or while using City equipment at
the employee's disposal by reason of their position, solicit contributions for any political
party or candidate, or engage in any political activity, including distribution of political
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messaging or materials. Employees shall also refrain from wearing hats, buttons, or
other items with political messaging while working, unless otherwise permitted under
Chapter 20 of the Iowa Code.
(2) An employee shall not attempt to influence the vote or political action of another by
advocating for an appointment, increase in pay, or other business or employment
advantage for that person with the City.
(3) An employee who supervises employees shall not directly or indirectly solicit the
persons supervised to contribute money, anything of value, or service to a candidate, a
political party, or a political committee.
(4) An employee who becomes a candidate for public office may request a leave of absence
without pay. An employee who is a candidate for any elective office shall not campaign
while on duty as an employee.
8.2 Discipline
The responsibility of the City to appropriately manage its operations may occasionally require
it to take disciplinary action against employees. The objective of disciplinary action is to correct
behavior that violates City policies, expectations or is otherwise inappropriate, and maintain
efficient City operations. Failure of the employee, after notice, to modify behavior may result in
further disciplinary action up to and including termination of employment. Furthermore, serious
infractions may result in disciplinary action up to and including termination of employment
without prior notice. Each case will be considered on its merits with due consideration as to the
nature of the offense, the cause, the background, and the attitude of the employee.
Employees in bargaining units should refer to the appropriate collective bargaining agreement
for further clarification.
Causes for Discipline:
It is not possible to list all forms of employee conduct that are considered unacceptable and
impact the workplace. The following list is illustrative of, but does not include all, types of
behavior or conduct for which disciplinary action may be taken.
a. Insubordination including disobedience, disrespect, failure to perform work assignments
or duties, or failure to accept direction from authorized personnel. Deliberately attempting
to undermine morale.
b. Theft of city property, money, or services or acting in a careless or negligent manner with
City money, property, or vehicles. Theft of personal property during the performance of
duty or on City property.
c. Violation of City policies including but not limited to Personnel Policies, Administrative
Regulations, the City of Iowa City’s Substance Abuse Policy, and/or the City’s Drug and
Alcohol Policy; violation of departmental rules, or any other rules, policies, or regulations
issued by the City.
d. Abusive or discourteous treatment during the performance of duty to any member of the
public, fellow employee or city official, including harassment on the basis of race, creed,
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color, sex, national origin, religion, age, sexual orientation, gender identity, marital status,
mental or physical disability, or genetic information; or any behavior, including behavior
occurring outside the workplace, which negatively affects the work environment or has
the effect of producing a hostile work environment.
e. Tardiness, failure to report to work, or failure to maintain a satisfactory attendance record;
failure to inform the appropriate person of the inability to report to work or the need to
leave work for any reason.
f. Working (straight time or overtime) without proper authorization. Failure to accurately and
timely report hours worked. Intentional abuse of the City’s time keeping system, including
unauthorized punching in/out of another employee.
g. Failure to satisfactorily and consistently perform the duties of the employee’s position;
incompetency, inefficiency, or negligence in the performance of assigned duties; loafing,
loitering, or engaging in unauthorized personal business during work hours; excessive
use of personal mobile devices.
h. Failure to maintain the appropriate qualifications, certifications or licenses necessary for
the performance of job duties or failure to report any change or loss of said qualifications,
certifications or licenses.
i. Unauthorized dissemination of non-public information acquired during the performance of
duties for the City.
j. Breach of confidentiality.
k. Violations of the Federal Drug Free Workplace Act or other state or federal regulations.
l. Lying or providing false or inaccurate information, either verbally or in writing; falsification,
alteration, deletion of required information, or failure to include material information on any
application or City record.
m. Cheating on an employment-related exam.
n. Inappropriate use of telephone lines, long-distance service, FAX/photocopy services,
computer or internet usage, cell phones, mobile or electronic devices or other City-owned
property.
o. Operating City equipment or vehicles without proper license or permit, failure to maintain
any required license or permit, or failure to notify the City of loss of any such license or
permit.
p. Failure to make payment in a timely manner for any employment related charges including
costs for return-to-duty or follow-up drug tests.
q. Illegal activities and/or conviction of a crime that is closely or directly related to the ability
of employees to perform their job effectively or is otherwise job related, or failure of
employees in positions subject to criminal background checks to provide timely
notification of a criminal conviction to Human Resources.
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r. Disregard for safety policies and procedures, including improper use of safety gear,
clothing, or equipment; failure to report a workplace injury or illness to supervisory
personnel in a timely manner.
s. Preventable accidents; conduct resulting in damage to City equipment or property or the
injury of others. Willful destruction of property of the City or any employee. Failure to report
workplace accidents to a supervisor.
t. Failure to provide required notification of over-the-counter or prescription medication that
may impact ability to drive or operate heavy equipment (when driving or equipment
operation is a required duty of the position); failure to provide copies of any work
restrictions applicable to the required duties of the employee’s position; failure to comply
with work restrictions.
u. Activity which involves conflict of interest or use of city employment for personal gain.
v. Conduct which negatively impacts the City’s ability to effectively conduct its operations;
disruptive behavior; sleeping or giving the appearance of sleeping during working hours;
engaging in horseplay, roughhousing, or disorderly behavior during work hours or while
on work premises.
8.3 Weapons
No employee of the City of Iowa City shall carry a weapon while on duty. Weapons include but
are not limited to firearms, knives, explosives, and tasers or other similar electronic
immobilizers. Weapons are not allowed on City property or in an employee’s vehicle when
parked on City property. Issuance of a weapons permit does not exempt an employee from
these provisions. However, sworn officers of the Iowa City Police Department and the Fire
Marshal are exempt from this restriction.
8.4 Appearance-Grooming
Employees are expected to maintain a level of personal appearance and grooming and
maintenance of their workspaces that is considerate of other employees, and projects an image
that inspires the confidence of the community and others with whom the employee must
associate in the course of work.
(1) For employees in the field during hot summer weather, dress shorts and a T-shirt
appropriate for the workplace are acceptable attire, unless safety concerns require long
pants for protection. For employees working in air-conditioned buildings, shorts are not
allowed. All employees are expected to wear clothing appropriate for a business office
and public contact.
(2) Employees provided uniforms are required to wear the uniform provided.
(3) Dress down or casual day, generally observed on Friday unless otherwise designated
by the City Manager, is an opportunity for employees to deviate from more formal
business attire for the day. Employees must dress appropriately for an office
environment, even when casually dressed.
(4) Employees must refrain from wearing clothing which depicts images or text that are not
appropriate when acting as a representative of the City such as images of guns or other
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weapons, political messaging, vulgar language, content that is disparaging of others,
etc.
(5) Employees must refrain from displaying materials or items in personal or shared
workspaces which depict images or text that are not appropriate for the workplace
including, but not limited to, images of guns or other weapons, political messaging ,
offensive or vulgar text or images, or content that is disparaging of others, etc.
(6) Employees are required to adhere to health, safety, and sanitation standards while at
work.
8.5 Scented products
The City aims to be sensitive to individuals with perfume and chemical sensitivities. Employees
should minimize use of scented personal products including but not limited to cologne, after-
shave, perfume, deodorant, lotions, hair products, air fresheners, room deodorizers or similar
products.
8.6 Personal Activities
Conducting personal or non-work related activities is discouraged during work hours, except in
emergencies and with the approval of the supervisor. Personal business should be conducted
during designated break times or during unpaid lunch breaks. When possible, personal phone
calls should be made from a phone away from areas used by the public to conduct business
and away from other employees who may be distracted by such personal calls.
8.7 Supplemental Employment
Supplemental employment outside the employee’s assigned City working hours must in no way
interfere or conflict with the satisfactory performance of an employee’s City duties. Supplemen-
tal employment that either creates or gives the appearance of a conflict of interest is prohibited.
No employee is to conduct any supplemental employment during their scheduled working hours
unless they are using pre-approved leave. Supplemental employment is not encouraged.
If an employee is unable to perform their job for the City due to injury or illness, work for another
employer during what would be the employee’s City work hours is expressly prohibited. A
waiver of this provision may be given if the employee presents sufficient evidence to Human
Resources from their physician that the employee’s medical condition would preclude fulfillment
of the employee’s duties with the City, but that the nature of the condition would permit work at
alternative outside employment. Failure to comply with this policy will result in disciplinary action
up to and including termination of employment.
8.8 Religious Holidays
Every reasonable effort will be made to accommodate employee requests for release from work
to participate in bona fide religious holidays or services. Once approved, personal leave,
accrued vacation time, compensatory time, or in the absence of any of these, unpaid leave may
be used to cover such absences.
8.9 Education
Personnel Policies Page 13 Rev. June 2021
Advance approval from the City Manager is necessary for an employee to attend or engage in
any educational program during normal working hours, other than that which may be provided
or directed by the City. Consideration of such requests will be based upon the direct benefit to
the City, and a demonstrated ability of employees to effectively carry out the responsibilities of
their positions. Employees are encouraged to schedule educational programs outside of
regular hours, whenever possible.
8.10 Medication/Work Restriction Notification
Employees who are required to drive vehicles or operate heavy machinery are required to
inform their supervisor when taking over-the-counter or prescribed medication which carries a
warning label indicating that the medication may impact the ability to perform those duties
safely.
Employees who are issued work restrictions by a health care provider, including for conditions
which are not work-related, must provide a copy of those restrictions to their immediate
supervisor. Employees with questions about whether a physical restriction is considered a
work restriction should discuss the restriction with Human Resources before providing the
information to the employee’s supervisor.
Failure to comply with these requirements will be grounds for discipline up to and including
termination of employment.
8.11 Breastfeeding Breaks
The City will provide reasonable break time for nursing mothers to express breast milk for a
nursing child for one year after the child’s birth each time such employee has need to express
the milk. In addition, the City will provide a private space, other than a bathroom, which may
be used by the employee to express milk. If assistance is needed in coordinating the use of
private space, employees may contact Human Resources.
8.12 Criminal Convictions and/or Conduct
Employees in positions which are subject to criminal background checks under the City’s
administrative regulation on Criminal Background Checks in Hiring, as noted in the job
description, are required to notify Human Resources within ten business days of being
convicted of a crime other than a simple misdemeanor traffic offense. Human Resources will
conduct an individualized assessment to determine the impact a conviction may have on an
employee’s ability to continue in their current role and will consult with appropriate supervisory
staff and the City Attorney’s Office as necessary. Employees in a position designated as
sensitive under the Criminal Background Checks in Hiring policy who are convicted of a crime
which would have precluded them from being hired into the position, may likewise be
determined to no longer meet the requirements of the position and may be subject to
termination of employment or other discipline.
Candidates for sensitive positions which are subject to criminal background screenings who
have a pending criminal charge for which conviction would preclude them from further
consideration for employment may be subject to an individualized assessment. The
individualized assessment will be conducted by Human Resources to determine whether
behaviors acknowledged or proven by a preponderance of available evidence may disqualify
Personnel Policies Page 14 Rev. June 2021
the candidate from further consideration due to the nature of the position for which they are
being considered. (For example: an individualized assessment would be required for a pending
charge for a crime against a person which could pose a safety risk to vulnerable populations
served by the operation).
8.13 Personal Use of Social Media
a. Scope and definition
Policies governing appropriate use and administration of authorized City social media
accounts are addressed by the Social Media Policy contained within the City’s
Communications Policy. For the purpose of this provision, social media is defined as any
form of online publication or presence that allows interactive communication, including but
not limited to, social networking sites such as Facebook, Twitter, Instagram, LinkedIn,
YouTube, or similar sites now and in the future. It also includes online forums such as
personal web pages, blogs, or vlogs, online games, and messages or comments conveyed
through any other online forum.
Nothing in this policy is intended to infringe upon any employee’s First Amendment rights
to engage in speech protected by the United States and Iowa Constitutions, to limit the right
to engage in protected concerted activity under the National Labor Relations Act (NLRA),
or to express an opinion on a matter of public concern when the statement is not made
pursuant to their official duties. Employees are free to express themselves as private
individuals on social media sites. The intent of this policy is to prevent employees from
engaging in unlawful speech, improperly impairing the working relationships of and within
the City, or impeding performance of City duties and/or negatively affecting public
confidence in the operation of the City government or the performance of the individual
employee.
As public employees, City employees are cautioned that speech made pursuant to an
employee’s official duties is not protected free speech under the First Amendment and may
form the basis for discipline.
b. Work-related guidelines for employee use of personal social media
(1.) Personal accounts may not be designed in such a way as to cause users to believe the
account is City-administered or endorsed by the City, including unauthorized use of City
logos. Whether or not employees specify on their personal social media accounts that
they work for the City of Iowa City, they should be mindful that their employment is a
matter of public record. Whenever issues are discussed online, whether in a personal
or professional capacity, it is possible that comments can be connected to the person’s
employment with the City. Employees should consider whether statements they publish
may be construed as expressing official City of Iowa City positions and whether such
statements are accurate representations. If an employee possesses leadership
responsibilities or chooses to identify themselves as a City employee on personal social
media, it is recommended that they include a disclaimer such as “The postings on this
site are my own and do not necessarily reflect or represent the views of the City of Iowa
City for which I work.”
(2.) Employees are prohibited from disclosing confidential or legally protected information
Personnel Policies Page 15 Rev. June 2021
learned through employment with the City.
(3.) Employees are prohibited from using the internet or social media to post content that
violates the City’s harassment or discrimination policies even if occurring outside work
hours, from home and on personal devices. Such behaviors include but are not limited
to posting comments or other content that is derogatory with respect to race, creed,
color, sex, national origin, religion, age, sexual orientation, gender identity, marital
status, mental or physical disability, genetic information, veteran status, or other classes
or categories protected by federal, state, and law including epithets, slurs, and negative
stereotyping; sexually suggestive, humiliating, or demeaning comments; or other
behaviors that could constitute harassment or bullying.
(4.) Employees are prohibited from using the internet or social media to incite or encourage
violence. This includes threats to stalk, haze, or physically harm another employee or
member of the public.
(5.) Employees may not use social media to engage in libelous, defamatory, obscene, or
maliciously false behavior directed at the City, City departments, elected or appointed
officials or other employees or members of the public.
(6.) While employees may believe a social media post or electronic communication is private,
release to the public is always possible. Employees will be responsible for their posted
content.
(7.) Employees are discouraged from posting to personal accounts while using the City of
Iowa City network or City-owned equipment and should not speak on behalf of the City
using their personal social media accounts..
Section 9: Whistleblower Policy & State Ombudsman’s Office
It is the policy of the City that all employees are encouraged to report information or conduct the
employee reasonably believes to be improper governmental actions by any City official or
employee, to the extent such a report is not expressly prohibited by law. The City prohibits
reprisal or retaliation against any employee who in good faith makes such a report.
9.1 Definition of Improper Governmental Action
Any action by any employee or official that:
• Is undertaken in the performance of their duties, whether or not the action is within the
scope of the employee’s or official’s employment; and
• Is in violation of any federal, state or local law or rule;
• Is mismanagement;
• Is an abuse of authority;
• Is of substantial and specific danger to the public health or safety; or
• Is a gross abuse of public funds.
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9.2 Complaint Procedure
The City will thoroughly investigate complaints of improper governmental action. Employees
should promptly report information or conduct they reasonably believe constitutes improper
government action to their supervisor, the City’s Human Resources Administrator, or the City
Attorney’s Office. Supervisors receiving reports of potential improper governmental action are
required to promptly notify the Human Resources Administrator or City Attorney’s Office of the
report to ensure appropriate investigation, documentation and follow-up takes place.
9.3 Retaliation Prohibited
The City may not retaliate against an employee who makes a good-faith report of conduct the
employee reasonably believes to be improper governmental action, including an internal
report as outlined above or the disclosure of information the employee believes constitutes
improper governmental action to a member or employee of the general assembly, an official
of or person providing human resources management for that political subdivision or any
other public official or law enforcement agency.
9.4 State Ombudsman’s Office
In addition to the reporting procedure described above, employees may contact the State
Ombudsman with reports of improper governmental action. Pursuant to the Iowa Ombudsman
Act, Iowa Code Chapter 2C, the State Ombudsman’s Office has authority to investigate
complaints about improper action or inaction taken by governmental entities. The State
Ombudsman’s Office is a non-partisan agency and may be reached at 1-888-426-6283.
Section 10: Employee Assistance Program
The City sponsors an Employee Assistance Program (EAP) as a means of assisting employees
and their family members with a variety of challenges including marital, family or financial
difficulties, physical, emotional or personal problems, and substance or alcohol use. It is
available as a confidential service for information, short-term counseling, and referral to other
community resources. While the program is in no way meant to interfere with the private life of
the employee, employees are encouraged to contact the EAP to discuss a personal problem
before it affects their work performance. Any voluntary involvement with the EAP will be strictly
confidential and not reported to the City. Employees may contact the EAP by calling 319-
351-9072. In the event work performance is affected, a mandatory referral may be made by
an employee's supervisor. When a mandatory referral is made, the employee is required to be
seen by an EAP Counselor who may report the employee’s attendance, ability to work, and
completion of any recommended follow-up treatment to the City. The City is not provided a
diagnosis and all discussions between the employee and counselor remains confidential.
Substance Abuse
All City employees are eligible for and encouraged to seek treatment and rehabilitation for
alcoholism, problem drinking, or substance abuse through the City's Employee Assistance
Program, or other available community resources. Alcoholism or drug addiction as conditions
are not causes for discipline. However, if they impact job performance, including attendance,
work performance, ability to carry out required duties, inter-personal or public relations, etc.,
disciplinary action may be taken. Nothing in this section relieves employees of responsibility
for their own conduct on the job.
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Section 11: Substance Abuse Policy
11.1 Policy
The City of Iowa City is dedicated to providing safe, dependable, and efficient services to our
citizens. City of Iowa City employees are our most valuable resource and it is our goal to
provide a healthy, satisfying working environment. In meeting these goals, it is our policy to (1)
assure that employees are not impaired in their ability to perform assigned duties in a safe,
productive, and healthy manner; (2) create a workplace environment free from the adverse
effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution,
dispensing, possession, or use of controlled substances; and (4) to encourage employees to
seek professional assistance any time personal problems, including alcohol or drug
dependency, adversely affect their ability to perform their assigned duties.
11.2 Purpose
The purpose of this policy is to assure worker fitness for duty and to protect our employees and
the public from the risks posed by the misuse of drugs or alcohol or by the use of prohibited
drugs while balancing respect for individual privacy. This policy is also intended to comply with
all applicable Federal regulations governing workplace anti-drug and alcohol programs,
including the federal Drug Free Workplace Act of 1988.
11.3 Applicability
This policy applies to all City employees, as well as contractors or volunteers; when they are
on City property or when performing any City-related business. This policy also applies to off-
site lunch periods or breaks when an employee is scheduled to return to work. Compliance with
the terms and requirements of this policy is a condition of employment for all employees.
Nothing herein relieves employees also subject to the City of Iowa City Drug and Alcohol Policy
of their responsibilities under that Policy.
11.4 Prohibited Substances/Behaviors
a. Illegally Used Controlled Substances or Drugs
Any illegal drug or any substance identified in Schedules I through V of Section 202 of the
Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11
through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates,
phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the
U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal
use includes use of any illegal drug, misuse of legally prescribed drugs, or use of illegally
obtained prescription drugs.
b. Misuse/Abuse of Legal Drugs
The appropriate use of legally prescribed drugs and over-the-counter medications is not
prohibited. However, the use of any substance which carries a warning label that indicates
that mental functioning, motor skills, or judgment may be adversely affected must be
reported to supervisory personnel and medical advice should be sought by the employee,
as appropriate, before performing work-related duties.
A legally prescribed drug means that individual has a prescription or other written approval
from a physician for the use of a drug in the course of medical treatment. Legally prescribed
Personnel Policies Page 18 Rev. June 2021
drugs must be carried in their original container with a label which includes the patient’s
name, the name of the substance, quantity/amount to be taken, and the period of
authorization. The misuse or abuse of legal drugs while performing City business is
prohibited.
The City reserves the right to take appropriate action (including relieving the employee from
work) if the use of a prescribed or over-the-counter medication is impairing or is deemed
likely to impair the employee’s faculties or work performance.
c. Alcohol
City employees are prohibited from consuming alcoholic beverages and from possessing
containers of alcoholic beverages with a broken seal while on City premises or on duty.
11.5 Prohibited Conduct
a. Manufacture, Trafficking, Possession, and Use
City of Iowa City employees are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of prohibited substances while working, on
City premises, in City vehicles, in uniform, or while on City business, or from reporting
to work following use of a prohibited substance. Employees who violate this provision
will be subject to disciplinary action up to and including termination of employment. Law
enforcement shall be notified, as appropriate, where criminal activity is suspected.
b. Alcohol Use
No employee shall report for duty or remain on duty when their ability to perform
assigned duties is impaired by alcohol. No employee shall use alcohol while on duty,
or during the hours that they are on call. City employees are prohibited from consuming
alcoholic beverages on breaks or at lunch. Violation of these provisions is prohibited
and subject to disciplinary action up to and including termination of employment.
c. Treatment
The City recognizes that drug and alcohol dependency is an illness and a major health
problem. The City also recognizes drug and alcohol abuse as a potential health, safety
and security problem. All employees are encouraged to use the Employee Assistance
Program (EAP) for treatment of drug or alcohol misuse and/or illegal drug use problems.
Under certain circumstances, employees may be required to undergo treatment for
substance abuse or alcohol misuse. Any employee who refuses or fails to comply with
City requirements for treatment, after care, or return to duty shall be subject to
disciplinary action, up to and including termination of employment. Employees will be
allowed to use accumulated sick leave and other accruals as appropriate to participate
in a prescribed rehabilitation program.
The EAP provides a constructive way for employees to deal with alcohol or drug-related
problems before they interfere with continued employment. However, an employee
must continue to comply with City policies, meet attendance, job performance, and safe
and sober behavior standards while seeking assistance from EAP or another treatment
provider.
d. Notifying the City of Criminal Drug Conviction
The Drug Free Workplace Act of 1988 mandates that employees are required to notify
the City of any criminal drug statute conviction for a violation occurring in the workplace
Personnel Policies Page 19 Rev. June 2021
or off City premises while conducting City business within five days after such
conviction. The City will take appropriate disciplinary action and/or require the employee
to participate in a rehabilitation program within 30 days of receiving notice of any
conviction under a criminal drug statute. Failure to comply with this provision shall result
in disciplinary action, up to and including termination of employment.
11.6 Proper Application of the Policy
The City of Iowa City is dedicated to assuring fair and equitable application of this substance
abuse policy. Supervisors are required to use and apply all aspects of this policy in an unbiased
and impartial manner. Any supervisor who knowingly disregards the requirements of this
policy, or is found to have deliberately misused the policy in regard to subordinates, shall be
subject to disciplinary action, up to and including termination of employment.
11.7 Testing Procedures
a. Pre-Employment Drug Testing
All applicants for positions covered by Federal regulations governing workplace anti-
drug and alcohol programs shall undergo urine drug testing following a conditional offer
of employment. Receipt by the City of a negative drug test result is required prior to
starting employment. Failure of a pre-employment drug test will result in rescission of
the conditional offer of employment and will disqualify an applicant for employment for
a period of one year.
City employees not currently in a position covered by Federal regulations governing
workplace anti-drug and alcohol programs who apply for a position covered by said
Federal regulations must pass a urine drug test following the offer of a transfer into a
position covered by Federal regulations governing workplace anti-drug and alcohol
programs.
b. Reasonable Suspicion Testing
Employees are expected and required to report to work on time in an appropriate mental
and physical condition. The City reserves the right to test employees when there is
reasonable suspicion that the employee is impaired, that their work performance or on-
the-job behavior has been affected in any way by drugs or alcohol or the employee is
otherwise unfit for duty.
Reasonable suspicion testing is drug or alcohol testing based upon the evidence that
an employee is using or has used alcohol or other drugs in violation of this policy. This
evidence is drawn from specific objective and articulable facts and reasonable
inferences drawn from those facts in the light of experience. For the purposes of this
policy and procedure, facts and inferences may be based upon, but not limited to, any
of the following:
(1) Direct observation of alcohol or drug use or abuse.
(2) Physical symptoms or manifestations of being impaired while at work due to alcohol
or other drug use such as, but not limited to, the smell of alcoholic beverages or
drugs emanating from the individual, reddened eyes, dilated or constricted pupils,
flushed or pale complexion, extensive sweating or skin clamminess,
unfocused/blank stare, disheveled clothing, unkempt grooming, runny or bleeding
nose, possible puncture marks, wetting lips frequently, complaining of dry mouth or
Personnel Policies Page 20 Rev. June 2021
nystagmus (involuntary jerky eye movement) deterioration of work performance,
errors and irregularities in work performance.
(3) Unexplained changes in behavior or personality such as, but not limited to,
hyperactivity, fidgety, agitated, breathing irregularly or with difficulty, nausea, slow
reactions, unstable walking, poor coordination, hand tremors, shaking, sleeping on
the job, irritable, moody, suspicious, paranoid, depressed, withdrawn or a
lackadaisical attitude.
(4) Unexplained changes in speech such as, but not limited to, slurred/slowed,
loud/boisterous, quiet/whispering, incoherent/nonsensical, repetitious/rambling,
clicking sound with tongue, rapid, excessive talkativeness, exaggerated enunciation
or cursing/inappropriate speech.
(5) A report of alcohol or other drug use while at work provided by a reliable and credible
source.
(6) Evidence that an employee has manufactured, sold, distributed, solicited,
possessed, used, or transferred illicit drugs or consumed alcoholic beverages while
at work for the City, or while operating City vehicles, machinery or equipment.
Employees found to be impaired by prohibited substances or employees who fail to
pass a reasonable suspicion drug or alcohol test administered under federal or state
regulations shall be removed from duty and be subject to disciplinary action, up to and
including termination of employment.
c. Post Accident Testing.
The City reserves the right to test employees for drugs and alcohol after a work-related
accident when one or more of the following conditions are present:
➢ a fatality in which a City employee was involved;
➢ any individual suffers bodily injury known at the time of the accident;
➢ one or more vehicles incur disabling damage and require towing/removal from the
scene;
➢ the accident results in cumulative property damage of $5,000 or greater as
reasonably estimated at the time of the accident;* or
➢ the City employee receives a citation for a moving violation.*
If none of the above conditions are present, and the employee involved in the accident
would like to be tested voluntarily for drugs and alcohol, the employee may submit to
testing at the City’s expense.
Following an accident, the employee will be tested as soon as possible, but time elapsed
before testing may not to exceed eight (8) hours for alcohol and thirty-two (32) hours for
drugs. An employee subject to post-accident testing shall remain readily available or
may be deemed by the employer to have refused to submit to testing.
*Employees subject to DOT guidelines are subject to the post-accident testing
requirements of the Drug and Alcohol Policy.
d. Refuse to Test
Refusal to submit to an alcohol or drug test is classified as a positive test and subject to
the consequences of a positive test.
Refusal to test includes, but is not limited to, such behavior as:
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(1) Failure to report in a timely manner to a collection site (except for a pre-
employment test). Once notified an employee is to immediately go directly to the
testing site.
(2) Failure to remain at the testing site until the testing process is complete (except
for a pre-employment test).
(3) Failure to provide a urine specimen for any drug test required by this part or DOT
agency regulations (except for a pre-employment test).
(4) In the case of a directly observed or monitored collection in a drug test, failure to
permit the observation or monitoring of provision of a specimen.
(5) Failure to provide a sufficient amount of urine or breath when directed, and it
has been determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure.
(6) Failure or decline to take a second test the City or collector has directed them
to take.
(7) Failure to undergo a medical examination or evaluation, as directed by the
MRO as part of the verification process, or as directed by the City as part of
the procedures for situations in which an employee does not provide a sufficient
amount of urine to permit a drug test.
(8) Failure to cooperate with any part of the testing process (e.g., refusal to empty
pockets when so directed by the collector, behaving in a confrontational way
that disrupts the collection process) or verbal or written refusal to provide a
required urine/breath specimen.
(9) For an observed collection, failure to follow the observer’s instructions to raise
clothing above the waist, lower clothing and underpants, and to turn around to
permit the observer to determine if there are any types of prosthetic or other
devices that could be used to interfere with the collection process.
(10) Possess or wear a prosthetic or other device that could be used to interfere with
the collection process.
(11) Admit to the collector or MRO that the specimen was adulterated or substituted.
(12) Failure to sign the certification at Step 2 of the Alcohol Test Form.
(13) * The refusal to take a non-DOT drug or alcohol test or sign a non-DOT form is
not a refusal to take a DOT test.
11.8 Consequences for Policy Violations
Violations of this policy resulting in personal injury, injury to another employee or member of
the public or violations resulting in damage to public or private property may result in
termination on the first offense.
a. Positive Test Results
An employee who is in their initial probationary period and receives a positive drug and/or
alcohol test result will have their employment terminated. A non-probationary employee’s
first confirmed positive drug or alcohol test will result in a requirement that the employee be
evaluated by an EAP counselor with subsequent referral and aftercare if necessary. Failure
to undergo the required EAP evaluation or to comply with the treatment plan, including
required testing, will result in termination of employment.
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b. Second Positive Test Results
If an employee who has previously tested positive under the City’s drug or alcohol testing
program tests positive on a second occasion, the employee will be terminated.
c. Refusal Consequences
An employee who refuses to submit to a reasonable suspicion or post-accident drug/alcohol
test will be treated as if the employee had a positive test result. The employee shall not be
permitted to finish their shift and shall immediately be placed on administrative leave
pending disciplinary action up to and including termination of employment.
d. Follow-Up
Once returned to duty, employees may be required to undergo unannounced follow-up
testing. Such testing will take place just before job duties are performed, during job duties,
or just after the employee performed job duties. The frequency and duration of the follow-
up testing will be recommended by the EAP counselor or treating entity.
e. Invalid Drug Tests
The result of a urine drug test is considered invalid if it contains an unidentified adulterant
or an unidentified interfering substance, has abnormal physical characteristics, or has an
endogenous substance at an abnormal concentration that prevents the laboratory from
completing or obtaining a valid drug test result.
f. Violations
Violations of this policy will result in disciplinary action, up to and including termination of
employment.
Section 12: License, Certification and Insurability Requirements
Certain positions within the City require the possession and maintenance of a specific license
or certification. If a position has such a requirement, it will be listed in the job announcement
when the job is posted and will be included in the job description. If the requirement changes
while an employee is in a position, the employee will receive notice of such change and will be
given a reasonable amount of time to comply with the requirement. If an employee loses or
fails to obtain a license or certification required for the position they hold, the employee may be
subject to discipline up to and including termination for failure to meet minimum job
requirements.
No City employee may operate a City vehicle without proper licensing. Any individual who
operates a City vehicle on the public right-of-way without a valid license appropriate to the
vehicle being driven will be subject to disciplinary action up to and including termination.
12.1 Maintaining a Valid License
Employees required to possess and maintain a valid Iowa driver’s license, chauffeur’s license,
or Commercial Driver’s License (CDL) are responsible for monitoring the expiration date and
renewing their license prior to the expiration date. If an employee's license is suspended,
revoked, or cancelled, it is the employee's responsibility to notify their supervisor at the
beginning of the first work day after receiving notice of the action. Employees are prohibited
from driving any City vehicle without the appropriate valid license and are required to carry their
Personnel Policies Page 23 Rev. June 2021
license with them while operating City vehicles or driving on behalf of the City.
The City periodically runs driver's license checks on employees who must have a license as a
job requirement, as well as employees who drive City vehicles in the course of their
employment. An employee who has a license that is current at the time of the license check,
but whose record shows it was suspended, revoked, or cancelled in the period of time since
the last check, is subject to disciplinary action if they drove a City vehicle during that time and/or
failed to notify their supervisor of the suspension, revocation, or cancellation. Employees who
are required to have a valid license will be subject to disciplinary action up to and including
termination of employment if they allow their license to expire and are unable to perform their
work duties.
12.2 CDL Notification Requirements
Employees required to possess and maintain a valid Commercial Driver's License must meet
the following notification requirements:
a) Notify the Human Resources Office within 30 days of a conviction for any traffic violation,
except parking (this includes pleading guilty and paying a fine). Notification is required
no matter what type of vehicle the individual was driving at the time of the infraction or
if the infraction occurred off duty. Such notice must be provided by filling out a
Notification of Conviction for Driver Violations Form and submitting to the Human
Resources Office.
b) Notify employee’s supervisor if their license is suspended, revoked, or cancelled, or if
the employee is otherwise disqualified from driving. Such notice must be made at the
beginning of the first work day following knowledge of the suspension, revocation, or
cancellation. Employees must provide such notice to their immediate supervisor (or in
their absence to the individual acting in that capacity).
Failure to provide required notice of a traffic violation or license suspension, revocation
or cancellation may result in disciplinary action up to and including discharge.
12.3 Insurability
Employees required to possess and maintain a valid driver's license must also remain insurable
under the City's established standards for insurability. Failure to remain insurable due to
excessive or serious violations will subject an employee to disciplinary action up to and
including termination of employment.
A work permit does not meet the City's requirement for a valid license. In no event will the City
install an ignition interlock device on any City vehicle to meet the requirements of a work permit.
Section 13: Personnel Transactions
13.1 Personnel Files
Personnel files are the property of the City. It is the policy of the City to permit access by all City
employees to their personnel file, which is maintained in the Human Resources office. Access
to these files and the information contained in them is generally limited to the employee (or
former employee), appropriate supervisory personnel, appropriate administrative personnel
Personnel Policies Page 24 Rev. June 2021
and third parties authorized in writing by the employee (i.e., union stewards, attorneys, etc.).
The file information may also be accessed and utilized in situations involving business
operations. Information related to education, employment and job performance will be
maintained in these files. Confidential medical records and benefits information are maintained
separately from an employee's personnel file.
City employees are permitted access to their personnel files during regular Human Resources
office hours. Employees are permitted to examine, take notes, and make copies of any
materials in their file. Employees wishing to examine their files during work hours must have
the permission of their supervisor to leave their work site. A Human Resources staff member
must be present during this examination. An employee may request correction of any alleged
misinformation contained in the file. If this request is denied, the employee will receive an
explanation of the reason thereof, and will be permitted to place a concise statement of
disagreement in the file.
Employees are encouraged to keep their personnel files up-to-date with all job-related
information such as degrees obtained. Certification and training records can be maintained
through the Neogov learning management system. In addition, employees are required to
update personal information when they experience a change of name, address, phone, or
emergency contact. Employees may maintain this information through the Munis self-services
portal.
13.2 Medical Files
Employee medical records* are personal and confidential and will be maintained in a separate
medical file. Medical files are subject to the privacy restrictions imposed by the Health Insurance
Portability and Accountability Act of 1996 (HIPAA). The City of Iowa City will not release such
information without the express written consent of the employee, except as required by law.
*Worker’s compensation files are maintained by Finance and are subject to Finance
Department policy addressing access and security of those records.
13.3 Public Information
The following employee information is classified as "Public Information" under Section 22.7 (11)
of the Iowa Code and will, upon request, be provided to any individual or institution by Human
Resources:
• Employee name
• Employee compensation including any written agreement establishing compensation or
any other terms of employment excluding any information otherwise excludable from
public information pursuant to Iowa Code Chapter 22.7 or any other applicable provision
of law. Compensation includes any money, thing of value, or financial benefit conferred
in return for labor or services rendered by an official or employee plus the value of
benefits conferred including but not limited to casualty, disability, life, or health
insurance, other health or wellness benefits, vacation, holiday, and sick leave,
severance payments, retirement benefits, and deferred compensation.
• Dates of employment
• Positions held with the City
• Educational institutions attended and degrees and/or diplomas earned
• Previous employment information including names of previous employers, positions
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previously held, and dates of previous employment
• The fact that an individual resigned in lieu of termination, was discharged, or was
demoted as the result of disciplinary action, and the documented reasons and rationale
for the resignation in lieu of termination, the discharge, or the demotion.
Should Iowa Code Section 22.7(11) or other Iowa law be amended to either enlarge or restrict
what employee information is classified as “Public Information” under Iowa law, the City will
modify its practices accordingly without further notice to employees.
Information such as address, telephone number, birth date, social security number, etc. is not
public information and will not be released unless requested in writing by the employee.
13.4 Job Description
Copies of job descriptions are maintained by Human Resources and are available upon request
or on the City’s website. Job descriptions are periodically reviewed and updated as job duties
and requirements change.
13.5 Position Classification
All positions are classified according to job duties, responsibilities, entry requirements, and
departmental needs. A major change in these factors may necessitate a review of job
classification. Requests for review of a job classification may be addressed to the Human
Resources Administrator by any employee, by a supervisor, or may be initiated by the Human
Resources Administrator. All position classification review requests will be reviewed in
accordance with applicable labor contract provisions.
13.6 Fair Labor Standards Act (FLSA) Classification
All City positions have been classified as non-exempt or exempt under the Fair Labor
Standards Act (FLSA). Non-exempt positions are eligible for overtime at a rate of one-and-one-
half times their regular hourly rate for work in excess of 40 hours in a week. Exempt positions
are not eligible for FLSA overtime. To be eligible for FLSA overtime a non-exempt employee
must perform 40 hours of work in a week; paid time off such as sick leave and vacation does
not count toward the 40 hours. Overtime is subject to supervisory authorization. Employees
who work overtime without appropriate authorization may be subject to disciplinary action.
Police Officers and Firefighters are subject to the FLSA 207(k) exemption. Firefighters are
assigned to a 27-day/204 hour FLSA cycle and Police Officers are assigned to a 14-day/86
hour FLSA cycle.
To report a FLSA complaint or violation employees may contact the Human Resources
Administrator or City Attorney’s office.
13.7 Employment of Relatives
a. Management Conflict
It shall be a violation of this policy for the spouse, domestic partner or partner by
cohabitation, children1, mother, father, son-in-law, daughter-in-law, mother-in-law,
father-in-law, step-parent, brother2, sister2, brother-in-law, sister-in-law, grandparents
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and grandchildren, foster child, persons who are parents of the same child, and
persons with whom the employee is in an intimate relationship3 of the City Manager,
Deputy City Manager, Assistant City Manager, City Clerk, City Attorney, Department
Directors, Division Heads, or Human Resources staff to become employed by any
department of the City.
b. Chain of Command Conflict
It shall be the general policy of the City that no person shall be hired, assigned,
promoted, or transferred to a department of the City or to a division thereof when, as
a result, the employee would routinely be directly or indirectly supervising or receiving
direct or indirect supervision from a member of the employee's immediate family. For
the purpose of this subsection “members of the immediate family” include all of the
relationships identified under the Management Conflict provision (13.7 a) and also
include aunt, uncle, niece, nephew, and first cousin4.
When a prohibited familial relationship is created during the course of employment,
reasonable efforts will be made to find an acceptable alternative or to eliminate the
situation by transfer or reassignment of one of the employees. Affected employees will
first be given the option of deciding which employee will transfer or be reassigned. If no
choice is indicated, seniority will be the governing factor and the least senior employee
will be subject to transfer, reassignment, or termination.
Individuals actively employed by the City in violation of this expanded policy on
November 1, 2011 will be grandfathered under the previous policy and allowed to
remain City employees.
1This includes step-children and children for whom the employee stands in loco parentis (assumes parental
responsibility).
2Brother and sister are defined to include step-siblings and half-siblings.
3An intimate relationship means a significant romantic involvement that need not include sexual involvement. An
intimate relationship does not include casual social relationships or associations in a business or professional
capacity.
4This policy applies to spouses of the familial relationships listed in both 13.7a and 13.7b.
13.8 Termination of Employment
a. Resignation
Employees are expected to give at least ten (10) working days’ notice prior to the effective
date of resignation. The notice should be in writing and directed to the immediate
supervisor. Generally, the termination date shall be the employee's last day in attendance
at work, except in cases of medical disability.
Generally, employees will be required to be at work on their last day. Use of extended
vacation time prior to separation from service is not allowed. Supervisors may approve no
more than two calendar weeks of paid time off within the same calendar month immediately
preceding the employee’s resignation effective date. The intent for this provision is that
accruals not be used for the purpose of extending benefits at City expense beyond the last
month in which the employee actively worked for any significant time. Therefore, scheduling
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vacation followed by a single, final workday in a new benefit period is considered contrary
to the intent of this provision.
b. Retirement
Terminating employees may be considered retirees if they have submitted the appropriate
forms to receive a retirement benefit from their applicable pension or retirement programs.
Sworn employees in the Police and Fire Departments will retire under the Municipal Fire
and Police Retirement System of Iowa (MFPRSI); other City employees will retire under the
Iowa Public Employee Retirement System (IPERS).
Employees must contact the retirement system directly to initiate the retirement application
process. Generally, employees will be required to be at work on their last day. Extended
vacation time prior to separation from service is not allowed. Supervisors may approve no
more than two calendar weeks of paid time off within the same calendar month immediately
preceding the employee’s retirement effective date. The intent for this provision is that
accruals not be used for the purpose of extending benefits at City expense beyond the last
month in which the employee actively worked for any significant time. Therefore, scheduling
vacation followed by a single, final workday in a new benefit period is considered contrary
to the intent of this provision.
c. Benefits Termination
Upon notice of resignation, termination, or retirement being received by Human Resources,
applicable information regarding continuation of insurance coverage, benefits payout,
IPERS benefit or refund, final check, and other information will be forwarded to the
employee.
Human Resources will provide information to terminating employees, answer questions,
and assist employees. However, it is the employee's responsibility to complete and submit
all forms to the applicable agency.
d. Exit Interviews
Permanent employees will be provided an exit survey prior to their last day of employment.
If an employee wishes to participate in an exit interview in addition to or in lieu of providing
feedback via the exit survey, exit interviews will be conducted by Human Resources staff
or City Manager’s Office.
Section 14: Safety
All City employees are responsible for completion of job assignments in the safest manner
possible. Prime consideration will be given to the safety of City employees and the public.
Employees will not be required to and should not work in areas or operate equipment which is
a safety hazard to themselves or the public. Employees are required to report unsafe working
conditions to their immediate supervisor. The Iowa Occupational Health and Safety
Administration establishes industrial standards for many City work functions. The City is
committed to compliance with these and other applicable standards.
a. Employees must wear appropriate safety equipment/clothing, as required. Employees
will receive appropriate training and are expected to follow appropriate safety standards.
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b. Employees must wear seatbelts in all vehicles that are equipped with seatbelts, as
provided by state law.
c. Smoking, including use of e-cigarettes or other vaping devices, is prohibited in all City
vehicles, equipment, buildings, and grounds.
d. City employees shall not wear or use radio headphones, earphones, or other similar
devices at any time while at work, unless such devices are authorized by the Depart-
ment Director/Division Head. Telephone headphones are permitted for business
phones with the supervisor’s approval.
e. Employees will handle property and equipment of the City with due care appropriate to
the nature of the work and equipment used. Writing, sending, viewing an electronic
message or talking on a hand-held communication device while driving is strictly
prohibited. Employees who act in a manner which endangers the safety of themselves
or others are subject to disciplinary action up to and including termination of
employment.
f. Treatment for work related injuries must be provided by the provider designated by the
City. Treatment by another physician will be allowed only upon referral from the City’s
designated treatment provider. Failure to use the City’s designated treatment provider
for a work-related injury may result in denial of payment of claims by Worker’s
Compensation. Worker’s Compensation questions should be directed to the City’s Risk
Manager.