A. PROBATION PERIOD
1. The purpose of the probation period is to provide assurance that the person employed can satisfactorily fulfill the demands of the position. All employees at the time of their appointment to the City of Bloomington shall serve a probationary period of four (4) months. During the probationary period, the employee shall have all the rights of other employees except the right to transfer to a different department.
2. If it is decided at any time before or at the end of the probationary period that the employee has not had sufficient time to satisfactorily complete the probationary period, it may be extended for up to two (2) months by written agreement between the employee and the Director of Human Resources.
3. If it is decided at any time during the probationary period not to continue the new staff member's employment, the Employment Coordinator for the Department of Human Resources should be contacted to determine other job opportunities in work better suited to the individual before separation from employment is considered.
4. At the end of the probationary period, the employee shall become a regular employee of the City of Bloomington.
5. Failure of an employee to satisfactorily complete the probationary period may be independent cause for termination.
B. TWO-MONTH EVALUATION
To assist the new employee in satisfactorily completing the probationary period, the employee's supervisor shall give the employee a written evaluation after two months which will make clear to the employee any areas in which the employee's performance is not satisfactory and shall suggest specific methods by which the employee can improve.
1. There should be a joint effort by the employee and the employee's supervisor to identify the employee's training and development needs for current job responsibilities and for positions reasonably anticipated to become available and for which the employee qualifies or could become qualified.
2. Employees are encouraged to undertake continuous skills development and take advantage of training opportunities, programs and classes offered through the Department of Human Resources.
3. Attendance at training and development programs is to be approved by the employee's immediate supervisor.
4. Time away from the job to attend job-related training programs is not to be charged to vacation time, but is considered part of the employee's duties if approved by the supervisor.
A. REPORTING ABSENCES
1. All employees are personally responsible for reporting anticipated absences to their supervisor before they are scheduled to begin the affected workday.
2. If the absence is due to an emergency, the employee must notify the supervisor as soon as possible as to the reason and the expected date of return.
3. Three consecutive working days absent without proper notification may be cause for termination.
4. Five or more working days absent without proper notification during any one-month period may be cause for termination.
B. ABSENCES WITH PAY
Pay and benefits will continue to accrue for absences allowable as vacation time, medical leave, holidays, funeral attendance, personal and family affairs, jury duty or court appearances, military training, voting, approved staff training and education, and adverse weather conditions.
C. ABSENCES WITHOUT PAY
Pay and benefits do not accrue for absences due to layoff, temporary reduction in force, extended leave of absence approved by an employee's department head, active military service, disability, or when an employee cannot travel to work because of adverse weather conditions not severe enough to close City Hall.
1. "Personnel files" are the records of all clerical, technical, hourly, maintenance, and specialist employees.
2. "Files" shall designate items stored by the City under an employee's name or identification, regardless of the form or location of those items.
1. Employees may have timely access to their personnel files.
2. Upon request, a City employee or his/her designated representative shall have access to all information found in the employee's personnel file.
3. At no time during the examination of the file shall the file be out of the direct supervision of the person designated by the Mayor as supervisor of records.
1. An employee accrues 4.0 hours of medical leave for every 120 hours worked.
2. An employee accrues 4.0 hours of family and personal leave for every 120 hours worked.
3. Accruals cannot be used during the probationary period.
B. NON-ACCRUED LEAVE
In addition to accrued medical, family and personal leave, an employee is entitled to reasonable medical, family and personal leave for emergencies, not to exceed 40 hours' leave with pay in any 2-month period or 80 hours' leave with pay in any one year.
C. EXCESS LEAVE
Approved leaves in excess of the number of hours specified herein must be taken without pay.
Administrators may require confirmation of illness or injury through a licensed physician's statement.
1. Sexual harassment is a violation of Section 703 of Title VII of the Civil Rights Act of 1964. The City of Bloomington does not tolerate sexual harassment of its employees. The City will investigate every complaint, respond, and take corrective action, including discipline up to and including termination of employment if appropriate.
2. Employees have the right to raise the issue of sexual harassment, and they are protected by city policy. Sexual harassment can be a grievous action having serious consequences on the lives of individuals. false accusations can have similar impact. Thus, the charge of sexual harassment is not to be taken lightly by a charging party, a respondent, or a city official charged with investigating the charge.
3. Prevention is the best tool for the elimination of sexual harassment. Each department head is responsible within his or her area for the implementation of this policy.
Sexual harassment occurs when one individual makes unwelcome sexual advances, requests sexual favors, or engages in similar verbal or physical conduct of a sexual nature, when submission to such conduct is made either explicitly or implicitly a condition of employment, is used as the basis for an employment decision, or has the effect of creating an unreasonably hostile working environment.
1. An employee who believes she has been sexually harassed by another employee shall notify the Deputy Mayor who is in charge of the enforcement of this policy.
2. The Deputy Mayor shall whenever possible use mediation and counseling to resolve such complaints between the people involved and within the department involved, so as not to permit these complaints to escalate into legal or public relations battles.
3. If after a reasonable time it appears that the complaint cannot be informally resolved, the Deputy mayor shall fully and promptly conduct an investigation into the allegations, make findings, and report those findings to the employees involved.
A. STATEMENT OF PRINCIPLE
The right to job security is recognized as of tremendous importance to City employees, especially when the elected City leaders change. Therefore, no employee shall be discharged without just cause. Just cause includes, but is not limited to, acts constituting crimes or violations of federal law, acts of moral turpitude, drug and alcohol use while on the job, theft or destruction of City property, or persistent conduct that substantially interferes with or disrupts the smooth functioning of City government.
1. The authority to terminate an employee rests with the employee's department head. Employees are entitled to an opportunity to be heard by the department head, ask questions, and provide information, prior to termination.
2. After the probationary period, an employee may be terminated only upon ten days' written notice.
3. The employee may be placed on leave with pay pending the hearing, and may be asked to immediately leave the work premises pending the hearing, in the interests of safety, security, and the avoidance of disruption.
4. The department head shall give written notice of termination stating the reasons therefor, which notice must be cleared with the Human Resources Department before distribution to the employee.
5. The supervisor shall ascertain that all City property, e.g., keys, tools, records, letterhead paper, etc., in the custody of the employee, are properly accounted for.
1. The right of city employees to Free Speech and to participation in the political process is protected by the First Amendment. Department heads and city officials may not retaliate against a city employee for the exercise of his/her right of free speech or political participation by imposing or threatening to impose any kind of discipline or sanction.
2. Employees are entitled to speak freely unless doing so substantially impedes the city's administrative functions. Mere disagreement with and criticism of city administrators and their policies is not a substantial impediment. The city cannot silence vigorous and robust debate in the formulation of public policy just because dissent makes the administration's job more difficult.
B. WHAT KINDS OF SPEECH ARE PROTECTED?
1. The basic distinction is between speech that addresses a matter of "public concern" and speech that addresses a purely private matter. This is not a question of internal versus public forum, nor the tone or mode of communication, nor whether the speaker has any degree of personal interest in the outcome of a dispute. Speech is protected if any part of it concerns a matter of public concern.
2. Examples of public matters:
a. Issues concerning the quality of city services, matters affecting city residents, educational standards, and city policies.
b. Partisan or nonpartisan politics and elections, including campaign activities for or against the current city administration.
c Disagreement and criticism of city's affirmative action program.
3. Examples of private matters:
a A complaint to the administration that one is being treated unfairly in one's department.
b. An employee who issued building permits had a dispute with an outspoken local resident and refused to issue the permit unless she apologized; when she refused, he denied the permit. The city investigated, determined the employee acted unprofessionally, and punished him by rank and salary reduction.
c. Personal complaints about salary and the conditions of work.
4. "Politically incorrect" speech is fully protected, including derogatory statements about the abilities of women or minorities. However, such speech must take place outside the office.
5. Employment and labor issues appear to be on the boundary. If the speech concerns only one's own "turf," it is a private matter; if the issue concerns issues outside one's own areas for the good of the city, it is a public matter.
C. IN WHAT FORUMS MAY A CITY EMPLOYEE SPEAK FREELY?
1. In publications, including letters to the editor.
2 In internal memoranda or other speech within the department, as long as it is not disruptive of the essential functions of the city.
D. WHAT CONSTITUTES RETALIATION?
1. Termination from employment or threatening to terminate.
2. Demotion, loss of rank, reduction in salary, denying a merit salary increase or denying a promotion.
3. Changing the employee's job to reduce her contact with the public.
4. Setting up a committee to investigate an employee who had made racist statements.
5. Transferring to different department.
E. WHAT TO DO IF YOU THINK YOU HAVE BEEN RETALIATED AGAINST
Make an appointment to see the City Attorney or assistant City Attorney.