R E V I S E D

Personnel Rules and Regulations

Effective Date: March 31, 1997

(Including All Council Approved Amendments through June 30, 2008)

OUR VISION

Bangor, the economic and cultural hub of Northern and Central Maine and gateway to the Maritimes, is a community providing abundant opportunities, valued services, and quality of life for its citizens and visitors.

OUR MISSION

The mission of the City of Bangor is to provide and enhance our:

Quality of Life
Service Center
Infrastructure
Environmental Stewardship
Neighborhoods
Cultural Commitment

Valued Services
Public Education
Regional/Global Connectivity
Public Safety
Workforce
Care Giving

Abundant Opportunities
Downtown/Waterfront
Employment
Managed & Balanced Growth
Parks, Trails & Open Space
Leisure & Entertainment Activities

TABLE OF CONTENTS

City of Bangor Vision and Mission Statements

1.0 INTRODUCTION...................................................................................... 1

1.1 Welcome............................................................................................. 1

1.2 Purpose.............................................................................................. 1

1.2.1 Disclaimers …………………………………………………………………………….1

1.3 City Government Organization............................................................... 2

1.3.1 General Citizenry..................................................................... 2

1.3.2 City Council............................................................................ 2

1.3.3 City Manager........................................................................... 2

1.3.4 City Departments..................................................................... 2

2.0 GENERAL PROVISIONS........................................................................... 3

2.1 Application of Rules and Regulations................................................... 3

2.2 Goal of Personnel Management........................................................... 3

2.3 Non-Discrimination............................................................................ 3

2.4 Safety in the Workplace...................................................................... 3

2.5 Administration of Personnel Rules and Regulations............................... 4

2.6 City Management Authority................................................................ 4

2.7 Amending the Personnel Rules and Regulations.................................... 4

3.0 EMPLOYMENT DEFINITIONS................................................................... 4

3.1 Anniversary Dates............................................................................. 4

3.1.1 Employment Anniversary Date..………………………………………………..4

3.1.2 Merit Anniversary Date…………………………………………………………….4

3.2 Regular Employment......................................................................... 5

3.2.1 Full-Time Employment............................................................. 5

3.2.2 Part-Time Employment............................................................ 5

3.2.2.1 Earned Time-Off...………………………………………………………………...5

3.2.3 Contract Employment............................................................... 5

3.3 Employment for a Limited Time.......................................................... 5

3.3.1 Temporary Employment........................................................... 5

3.3.2 Seasonal Employment.............................................................. 5

3.3.3 On-Call Employment................................................................ 6

3.3.4 Project Employment................................................................. 6

3.3.5 Student Employment................................................................ 6

3.4 Special Work Situations...................................................................... 6

3.4.1 Volunteers.............................................................................. 6

3.4.2 Workfare................................................................................ 6

3.5 Probationary Period........................................................................... 6

4.0 RECRUITMENT, APPLICATIONS AND SELECTION................................. 7

4.1 Non-Discrimination and Affirmative Action........................................... 7

4.2 Internal Announcement of Available Positions...................................... 7

4.3 External Announcement of Available Positions …………………………………….7

4.4 Selection Policy ………………………………… …………………………………………….7

5.0 THE POSITION CLASSIFICATION AND PAY PLAN.................................. 7

5.1 Purpose of the Plan........................................................................... 8

5.2 Uses of the Plan................................................................................ 8

5.3 Content of the Plan............................................................................ 8

5.4 Administration and Maintenance of the Classification and Pay Plan.......... 9

5.5 Performance Review and Principles of Compensation............................ 9

5.5.1 Performance Review............................................................ 9-10

5.5.2 Merit Pay Increases................................................................ 10

5.5.3 Annual Adjustment................................................................ 11

5.6 Standard Work Week, Overtime and the Fair Labor Standards Act (FLSA) 11

5.6.1 Regular Hours of Work........................................................... 11

5.6.2 Exempt Pay Plan.................................................................... 12

5.6.3 Non-Exempt Pay Plan............................................................. 13

6.0 PERSONNEL ACTIONS........................................................................... 13

6.1 Original Appointments..................................................................... 13

6.2 Promotions..................................................................................... 14

6.2.1 Promotion Policy……………………………………………………………………14

6.2.2 Effect of Promotion on Rate of Pay, Merit Anniversary Date, and Trial or Probationary Period ……………………………………………………14

6.3 Acting Capacity............................................................................... 15

6.4 Transfers........................................................................................ 15

6.5 Demotions...................................................................................... 15

6.5.1 Demotion for Inability............................................................ 15

6.5.2 Disciplinary Demotion............................................................ 16

6.6 Classification of Positions................................................................. 16

6.7 Reductions in Force..................................................................... 16-17

6.8 Disciplinary Actions......................................................................... 18

6.8.1 Reprimand, Suspension, Reduction in Pay, Demotion, Discharge. 18

6.8.2 Causes for Reprimand, Suspension, Reduction in Pay,

Demotion, or Discharge …………………………………………………….18-20

6.9 Incapacitation................................................................................. 21

6.9.1 Employee Incapacitation........................................................ 21

6.10 Resignation from City Service........................................................... 21

6.10.1 Notice .................................................................................. 21

6.10.2 Unauthorized Absence............................................................ 21

6.10.3 Final Responsibilities.............................................................. 21

6.11 Personnel Records........................................................................... 22

7.0 GENERAL AND CITY PROVIDED BENEFITS........................................... 22

7.1 Holidays......................................................................................... 22

7.1.1 Holidays Established............................................................... 22

7.1.2 Holiday Pay Exceptions........................................................... 22

7.1.3 Non-Observed Holidays.......................................................... 23

7.2 Vacation......................................................................................... 23

7.2.1 Accumulation of Annual Leave................................................ 23

7.2.2 Annual Leave Payment on Retirement or Separation.................. 24

7.2.3 Transfers, Layoffs and Rehires................................................. 24

7.3 Workers' Compensation.................................................................... 24

7.3.1 General................................................................................. 24

7.3.2 Light or Modified Duty Status.................................................. 25

7.3.3 One-Year Review Process....................................................... 25

7.4 Unemployment Compensation.......................................................... 25

7.5 Retirement Plan............................................................................... 25

7.6 Deferred Compensation.................................................................... 26

7.7 Insurance....................................................................................... 26

7.7.1 Basic Group Life Insurance...................................................... 26

7.7.2 Health and Major Medical Insurance......................................... 27

7.7.3 Disability Insurance................................................................ 27

7.7.4 Dental Insurance…………………….…………………………………………….27

7.8 Legal Defense and Indemnification.................................................... 27

7.9 Employee Assistance Program.......................................................... 28

7.10 Leaves of Absence........................................................................... 28

7.10.1 Sick Leave............................................................................ 28

7.10.2 Jury Duty............................................................................. 32

7.10.3 Armed Forces Reserve and National Guard Training.................. 32

7.10.4 Military Leave....................................................................... 33

7.10.5 Bereavement Leave............................................................... 33

7.10.6 Leave Without Pay................................................................ 33

7.10.7 Court Proceedings and Subpoenas.......................................... 33

8.0 GRIEVANCES......................................................................................... 34

8.1 General.......................................................................................... 34

8.2 Grievance Procedure........................................................................ 34

9.0 MISCELLANEOUS PROVISIONS............................................................. 35

9.1 Special Rules-Police and Fire Departments.......................................... 35

9.2 Employee Safety Equipment and Safety Regulations............................ 36

9.3 Outside or Non-City Employment...................................................... 36

9.4 Employee Enrichment...................................................................... 36

9.4.1 Required Training.................................................................. 36

9.4.2 Elective Training ................................................................... 36

9.4.3 Special Meetings.................................................................... 36

9.5 Reimbursable Travel Expenses.......................................................... 37

9.5.1 General Policy....................................................................... 37

9.5.2 Reporting.............................................................................. 37

9.5.3 Personal Vehicle Use.............................................................. 37

9.5.4 Authorized Charges................................................................ 37

9.5.5 Travel Policy......................................................................... 38

9.6 Nepotism........................................................................................ 38

9.7 Sexual Harassment.......................................................................... 39

9.8 Conflicts of Interest......................................................................... 39

9.9 Political Activities............................................................................. 39

9.9.1 Solicitations and Handbills...................................................... 40

9.9.2. Political Office....................................................................... 40

9.9.3. Federal Hatch Act................................................................... 40

9.10 Weapons and Firearms.................................................................... 40

Appendix A - Summary of Revisions since March 31, 1997...................................... 41

Appendix B - Organizational Chart ……………………………………………………………………….42

CITY OF BANGOR

PERSONNEL RULES AND REGULATIONS

1.0 INTRODUCTION

1.1 Welcome

Welcome to public service with the City of Bangor. You have been selected to work with the City as a result of your knowledge, experience and training in your chosen field. You are joining hundreds of other dedicated employees who are providing consistently high levels of service to Bangor residents and taxpayers. It is critical to remember that with our mission of service to the public, we must continually strive for the highest levels of effort, performance and conduct.

City employees form the core of the organization and are its most important resource. Accordingly, these Personnel Rules and Regulations have been prepared and provided to guide you and your fellow employees in your daily activities, including your responsibilities, rights and benefits as a City of Bangor employee. Your careful attention to this document will help to provide you with a rewarding and satisfying career in City service.

1.2 Purpose

The purpose of these rules and regulations is to establish and set forth a uniform and equitable system of personnel administration governing employment with the City of Bangor. These Rules and Regulations apply to all non‑contract positions not covered by collective bargaining agreements except as further defined in Section 2.1, those present positions contained in the Position Classification Study of 1989, as amended, and other non‑regular positions as described herein. Copies of State and Federal Regulations referred to in these Rules and Regulations can be obtained through the Human Resources Office or Office of the City Solicitor.

1.2.1 Disclaimers

Although these rules outline the rights, responsibilities and benefits of City of Bangor employees, the document does not create legally enforceable rights. The following disclaimers are included to provide notice to that effect:

· This manual is not a contract and nothing in the manual affords employees any contractual rights.

· Where this manual contains descriptions or references to insurance or other benefit plans, the specific provisions of the benefit plan will take precedence and govern should a conflict arise concerning interpretation, application or benefit level.

· The City may change, amend, repeal or modify any of these rules or regulations at any time.

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1.3 City Government Organization

1.3.1 General Citizenry

Our citizens are the ultimate beneficiaries of the performance by City employees of their assigned tasks and duties. However, a large segment of the population has little contact with the workings of City Government. As a practical matter, most citizens probably have only limited contact with one or two City employees. For these reasons, all employees must give the best possible impression at all times. Individual employees must be aware that their work and conduct, both on and off the job, shall always be identified with City Government by the general public. In addition, it is important that all employees give honest, efficient and courteous service to our citizens at all times.

1.3.2 City Council

The City of Bangor has operated under a council‑manager form of government since 1932. The Bangor City Council is composed of nine members elected at large on a nonpartisan basis. During the fall of each year, three positions on the Council are filled by the electorate at the regular City election.

Under the City Charter and the Laws of the State of Maine, the City Council, by majority vote, exercises the powers and duties assigned to municipalities by the State Legislature. Such functions are considered to be the legislative and administrative functions of the City Council, and are usually implemented by order, ordinance or resolve. Under the council‑manager form of government, most administrative responsibilities are assigned to the City Manager. However, as elected officials, the City Council retains the ultimate responsibility for the functioning of City Government.

1.3.3 City Manager

The City Manager is the chief administrative officer of the City. He/she is appointed by the City Council to carry out its policies and serves at its pleasure. In the performance of his/her duties, the City Manager is responsible for the day‑to‑day activities of all City Departments and the successful completion of projects and implementation of all policies adopted by the City Council. The City Manager is responsible for appointing Department Directors, with the confirmation of the City Council.

1.3.4 City Departments

The day‑to‑day activities of the City's government are performed by employees assigned to a series of administrative departments established by the City Council. Exceptions to this rule are the positions of City Clerk, City Solicitor and City Assessor who are appointed by the City Council. Attached as Appendix B is the City's 2008 Organization Chart indicating the administrative departments and their internal relationships as they exist as of the date these Rules and Regulations were adopted by the City Council.

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2.0 GENERAL PROVISIONS

2.1 Application of Rules and Regulations

The City's work force consists of both non‑union employees and employees organized into collective bargaining units under Maine State Law. These Rules and Regulations govern the relationship between the City and its non‑union employees and may, in certain cases, govern some of the relationships between the City and its unionized employees. Standardized forms, definition of terms and procedures, as well as certain legal mandates such as equal employment opportunity, Workers' Compensation, Unemployment Compensation, and safety requirements, among other provisions contained herein, are intended to apply to all employees, unless inconsistent with a collective bargaining agreement.

2.2 Goal of Personnel Management

The goal of personnel management in the City of Bangor is to:

2.2.1 Promote effectiveness, economy, and productivity in delivering services to the citizens of Bangor;

2.2.2 Encourage a commitment to professional excellence in serving the public and continue the professional development and upgrading of employee skills;

2.2.3 Provide reasonable assurances that the duties and responsibilities of employees and the City alike are respected;

2.2.4 Afford fair and lawful treatment to all individuals desiring to enter City service and to provide opportunity for advancement in City service on the basis of skill, effort and performance, as determined through competitive processes;

2.2.5 Provide that employees receive nondiscriminatory treatment in all personnel processes;

2.2.6 Expect that employees shall use their best efforts to fulfill their obligations to the City and its citizens.

2.3 Non‑Discrimination

The City shall administer and implement these Rules and Regulations in a manner that shall not discriminate unlawfully against any person because of race, color, religion, sex, national origin, age, physical or mental disability or sexual orientation. Furthermore, the City shall take affirmative action to enhance the opportunities for minority group members, where they may be underutilized.

2.4 Safety in the Workplace

The City recognizes that promoting the health and welfare of its employees in the work place is not only legally required, but also is of mutual benefit to both the City and its employees. To that end, the City is committed to the goal of providing a safe place of employment and sound operating practices designed to result in safe and efficient working conditions. Likewise, the City expects that its employees will do their part to work safely and to use safety equipment as provided or directed by the City, as further described in Section 9.2.

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2.5 Administration of Personnel Rules and Regulations

The day‑to‑day administration of these Rules and Regulations is a function of the Human Resources Division. Any issue regarding the interpretation or application of these rules should be addressed to the Human Resources Manager. Where appropriate or necessary, the implementation of these rules and regulations shall be supplemented by administrative policies promulgated by the City Manager, which explain, in detail, the mechanics of implementation and application thereof.

2.6 City Management Authority

Except as may otherwise be specifically limited by law and/or by these rules, the authority to administer and manage the day‑to‑day operations of the City Government shall always remain with the City Manager and his/her various subordinate administrative personnel. This authority shall include the right to take such administrative action as they deem necessary or appropriate to: direct the programs of the various departments; direct the work force; establish work schedules; introduce new or improved methods, techniques or facilities; hire, suspend, demote, or discharge for just cause; change duties and assignments; promote; reduce or expand the work force; transfer; maintain discipline; and to contract or subcontract work. Equally important to the authority of management is the right to take necessary and appropriate administrative action to uphold the rights and interests of the general citizenry, the City Council and employees.

2.7 Amending the Personnel Rules and Regulations

The City Manager, as necessary, shall prepare for City Council consideration any appropriate amendments to the Personnel Rules and Regulations. The City Manager or his/her designee shall endeavor to keep these Rules and Regulations current with respect to accepted personnel practices and state and federal personnel and employment law.

3.0 EMPLOYMENT DEFINITIONS

The following definitions shall be used in applying these Rules and Regulations:

3.1 Anniversary Dates

3.1.1 Employment Anniversary Date

The date on which the employee is most recently hired by the City. This date shall remain constant unless the employee separates from City Service and is subsequently rehired. The employment anniversary date may be used to compute any benefits for which the employee is eligible.

3.1.2 Merit Anniversary Date

The date on which the employee may be eligible for consideration of a merit pay increase. This generally occurs at twelve‑month intervals and may or may not coincide with the anniversary date. A promotion, demotion, leave of absence or extended use of sick leave or Workers' Compensation, or a change in regular or limited time employment status, may change the merit anniversary date.

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3.2 Regular Employment

3.2.1 Full-Time Employment

Full‑time employment is appointment to a regularly budgeted position to work a standard work week of at least thirty‑seven and one‑half hours (37.5) on a continuing and indefinite basis in a position which is included in the job classification plan.

3.2.2 Part-Time Employment

Part‑time employment is appointment to a regularly budgeted position to generally work less than the standard work week, but on a continuing and indefinite basis, as above. Regular part‑time employees are not entitled to any fringe benefits other than those mandated by other levels of government, including Workers' Compensation and Unemployment Compensation, unless specifically identified within these Rules and Regulations.

3.2.2.1 Earned Time-Off

Regular Part-time employees shall be eligible to earn and to use paid time-off in accordance with the terms and conditions of the Earned Time-Off Policy (Administrative Policy P. 13.0). Earned time-off is paid straight time-off, accumulated by the employee based upon the number of straight hours worked per calendar year quarter and may be used for vacation, sick or holiday time or other acceptable paid time-off purposes.

3.2.3 Contract Employment

Contract employment is employment under a personal services contract between the City and an individual. Such employees receive salaries and benefits as negotiated and stipulated in each contract and are covered by these Rules and Regulations with regard to those areas not specifically addressed in the contract. Contract employment is generally reserved for the City Manager, Department Directors, and other specialized employees.

3.3 Employment for a Limited Time

3.3.1 Temporary Employment

Temporary employment is an appointment to work a standard work week or less on a regular basis but for a definite limited period of time, usually not to exceed five (5) months. Extensions of temporary employment may be granted by the Human Resources Manager for up to three (3) months. Temporary employees are paid for hours worked and receive no other benefits except those mandated, including Workers' Compensation and Unemployment Compensation

3.3.2 Seasonal Employment

Seasonal employment is appointment to a position that generally has a duration coinciding with one or more of the four (4) seasons and the position terminates with the end of one or more of the applicable season(s). Such employees are paid for hours actually worked and receive no other benefits except those mandated, including Workers' Compensation and Unemployment Compensation.

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3.3.3 On-Call Employment

On‑call employment is an appointment to work on an intermittent and as‑needed basis. Employees who are on‑call do not have a regular schedule but work as available and as needed by the City. Such employees are paid only for hours actually worked and receive no other benefits except those mandated, including Workers' Compensation and Unemployment Compensation.

3.3.4 Project Employment

Project employment is an appointment to work on a particular or special project of limited time duration. Project employees may work a standard work week or less, shall be paid for hours actually worked and receive no other benefits except those mandated, including Workers' Compensation and Unemployment Compensation. Project employees shall be terminated upon completion of the project for which they were hired.

3.3.5 Student Employment

Student employment is employment of students during their enrollment in schools, including summer employment. Students may be paid as determined by the Human Resources Manager. Student employees may be paid for hours actually worked and receive no other benefits except those mandated, including Workers' Compensation and Unemployment Compensation.

3.4 Special Work Situations

3.4.1 Volunteers

Volunteer work occurs when non‑employees choose to donate or volunteer their time free of charge to the City. Normally, volunteers are not entitled to receive any pay or other benefits. Volunteers, however, are eligible for legal defense and indemnification by the City under Section 7.8 for most claims arising out of their volunteer work for the City.

3.4.2 Workfare

Workfare personnel includes individuals required to perform work for the City of Bangor under Title 22 MSRA§4316‑A and the City's General Assistance Ordinance and are not deemed to be City employees for any purpose and are not entitled to pay benefits or other conditions contained within these rules and regulations.

3.5 Probationary Period

All persons appointed to an established position in City Government shall serve a probationary period for the first twelve (12) months. Employment during such period may be terminated without just cause and for any reason upon notice from their Department Head or City Manager. Any time spent on leave without pay, Workers' Compensation or layoff, shall not count as time worked toward the twelve (12) month probationary period.

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4.0 RECRUITMENT, APPLICATIONS AND SELECTION

4.1 Non‑Discrimination and Affirmative Action

In the recruitment, appointment, training, promotion, retention, compensation, or any other personnel action, there shall be no discrimination against any person due to that person's race, religion, color, creed, sex, age, marital status, disability, sexual orientation, or other discrimination in any manner prohibited by applicable laws, or in violation of the City's Affirmative Action Program.

4.2 Internal Announcement of Available Positions

When the City determines it will fill a vacant position, it shall be posted within City Service for five (5) working days. The City may select an internal candidate without external advertising. Applications for City positions shall be made to the Human Resources through the submission of resumes and/or on forms required by the Human Resources Manager. Failure to complete forms fully and truthfully shall be cause for rejection of the application and/or termination of employment.

4.3 External Announcement of Available Positions

Should the City decide not to fill a vacancy through the internal selection process or wish to consider external applicants, then the City will advertise publicly and

applications for employment with the City shall be made to the Human Resources Division through the submission of resumes and/or on forms required by the Human Resources Manager. Failure to complete forms fully and truthfully shall be cause for rejection of the application and/or termination of employment.

4.4 Selection Policy

It is the policy of the City of Bangor to select the best qualified applicant for vacant positions consistent with the requirements of Sections 4.2 and 4.3 above and to give first consideration to internal candidates. Hiring decisions shall be based upon the ability of the applicant to meet the requirements of the position, the level and degree of prior job related experience, the strength of the applicant's employment history, the applicant's educational background as it specifically relates to the position sought, the quality of references, and such other factors as may be related to the applicant's ability to perform the duties of the position in question.

5.0 THE POSITION CLASSIFICATION AND PAY PLAN

The City compensates its employees according to wage rates and scales established by the City Council from time to time. The City Manager has the responsibility and authority to develop the Classification Plan allocating positions within the pay plan according to the knowledge, skills, abilities and responsibilities required in the position and to make modifications in the plan as needed or required.

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5.1 Purpose of the Plan

The Position Classification and Pay Plan provides a systematic arrangement and inventory of the positions in the City service, and provides the basis of compensation for employees holding such positions. The plan groups the various positions into classes indicative of the range of duties, responsibilities, and level of work performed. Compensation allocated to each position takes into consideration the relative difficulty of tasks performed and levels of responsibility existing between the various classes, along with prevailing rates of pay for similar types of work in private and public employment.

5.2 Uses of the Plan

The Position Classification and Pay Plan may be utilized to:

5.2.1 Determine qualifications for employment by the City;

5.2.2 Determine the compensation to be paid for the various classifications of work; and

5.2.3 Determine opportunities for promotion.

5.3 Content of the Plan

5.3.1 Definitions: For purposes of the Position Classification and Pay Plan, the following definitions shall apply:

Classification: COMOT, LTC, POLE, PAT, SAM, EXEC

Grade: The various levels within each classification

Range: Pay steps 1‑11 within each grade

Position Title: Title of the job

Position Description: A written summary description of the major points

of the work.

The position Classification and Pay Plan consists of the following:

5.3.2 A grouping of all positions into six (6) different classifications, as follows:

COMOT Clerical, Office Machine Operators and Technician

LTC Labor, Trades and Crafts

POLE Protective Occupations, Law Enforcement

PAT Professional, Administrative, Technological

SAM Supervisory and Managerial

EXEC Executive

5.3.3 Groupings of positions within each classification on the basis of approximately similar difficulty and responsibility which require the same general qualifications, and which can be compensated within the same pay grade.

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5.3.4 A position title, which shall be used on all personnel, accounting, budget and related official records. No person shall be appointed on a regular basis to a position in the City service under a job title not contained in the classification and pay plan.

5.3.5 Written position descriptions for each position containing the nature of work and relative responsibilities of the position, typical illustrative tasks found in the position, requirements of the position setting forth the necessary knowledge, skills and abilities desired for adequate performance of the work, and the desirable experience and training needed.

5.3.6 A salary range for each position title consisting of eleven (11) steps.

5.4 Administration and Maintenance of the Classification and Pay Plan

The Director of Administration and/or Human Resources Manager shall be charged with the responsibility of maintaining the Classification and Pay Plan, and providing for the assignment of positions within the pay plan.

5.5 Performance Review and Principles of Compensation

5.5.1 Performance Review

After the first six (6) months of employment with the City, prior to the expiration of the employee's probationary period and at least every twelve (12) months thereafter on the employee's anniversary date, the employee's job performance shall be evaluated in writing by the immediate supervisor. Evaluations at non‑scheduled intervals may occur as needed. These evaluations must be reviewed and approved by the Department Director. The performance evaluation shall be conducted in accordance with the Performance Evaluation Manual adopted by the Bangor City Council in February 1990 and as may be amended from time to time.

The purpose of the performance review is to:

a. Evaluate the individual's job performance.

b. Communicate information to the employee regarding how he/she is performing the job.

c. Enhance the individual's performance through positive reinforcement of work well done.

d. Call attention to any identified areas of weakness or areas in which additional training, education or special assistance is necessary to improve the employee's performance.

e. Listen to employee recommendations regarding methods to improve efficiency and productivity of the assigned duties.

(9)

Upon completion of the evaluation by the supervisor, including review and approval by the Department Director, the employee shall be provided a copy and shall be provided an opportunity to meet, discuss and review the results of the evaluation. Based on the results of that meeting, the supervisor may or may not choose to revise the evaluation. Should the employee disagree with the final evaluation, the employee may request that it be reviewed by the Human Resources Manager, who shall have the authority to support or modify the evaluation. The decision of the Human Resources Manager shall be final.

The original copy of the performance evaluation shall be forwarded to Human Resources for inclusion in the employee's personnel file. Where evaluations result in a recommendation for a merit increase, the appropriate Personnel Action Form shall accompany the evaluation.

5.5.2 Merit Pay Increases

In order to encourage and reward high levels of productivity in its work force, the City utilizes a merit compensation system based upon performance evaluations. Merit pay increases shall not be automatic, but shall be dependent, in part, upon

the evaluation criteria and scoring methods as outlined in the City of Bangor Performance Evaluation Manual, dated February 1990, as may be amended.

a) An annual merit pay increase shall not be more than five percent (5%) in the established pay range and shall occur no more often than every twelve (12) months. The wages may not exceed the top of the pay range.

b) No salary advancement shall be given to any employee until the satisfactory completion of the probationary period unless it is granted: (1) as an original condition of employment approved by the City Manager; (2) for a promotion to a new classification; or (3) as part of any General Pay Adjustment as authorized by the City Council.

c) No merit pay increases shall be granted above the maximum rate (top step) fixed for the position under the Pay and Classification Plan.

d) As a general rule, employees who are unable to work due to extended absence are not eligible for merit increases. Employees who are able to return to work on a nearly full-time or full-time "light duty" status may be eligible for merit increases as may be recommended by the Department Director and approved by the Human Resources Manager on a case by case basis.

e) Should an employee receive an evaluation score that results in no increase in pay, the employee may request in writing a review of his/her performance in six (6) months to determine if there has been sufficient improvement to warrant an increase. If so, the maximum increase shall be one step on the pay plan and the increase shall not be retroactive.

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f) A Department Director may propose an additional pay increase of one pay step upon written detailed statements to the City Manager specifying the employee's exceptional performance or the compelling employment conditions that make such a proposal worthy of consideration. The City Manager shall review each request, giving due consideration to the information provided and any other relevant information, and may grant or deny any such request which, in the Manager's judgement, is in the best interest of City service.

5.5.3 Annual Adjustment

The City Council may grant a general increase in compensation to employees in the position classification plan, generally effective July 1 of each year, in order to maintain the wage scales at a competitive level. In determining what increase, if any, may be granted, the Council may consider such factors as the Consumer Price Index, wage increases in place for other City employees, general increases provided by other comparable public and private sector organizations in the area, increases afforded to State employees, the ability of the community to afford an annual adjustment and other relevant factors that may be appropriate. Determination of any annual pay adjustment is at the sole discretion of the City Council.

5.6 Standard Work Week, Overtime, and the Fair Labor Standards Act (FLSA)

5.6.1 Regular Hours of Work

Hours of work for any employee or group of employees may be established by the respective Department Director and with the approval of the City Manager, based upon considerations of departmental efficiency or any other special departmental needs. For purposes herein, the term "work week" shall be the calendar week commencing on Sunday at 12:00 a.m. and expiring on Saturday at midnight.

a) Overtime Authorization

It is the general policy of the City not to have its employees work frequent or considerable overtime. However, Department Directors may, on occasion, authorize or direct an employee to work overtime, when necessary, in order to meet emergency situations and/or special operating needs. Employees may not work overtime unless they receive prior authorization from the appropriate Department Director or his/her designee. Each Department Director shall maintain records of all overtime worked by the employees in his/her department. No overtime pay shall be granted except on the basis of such records, and all such records shall be available at all times for review by the City Manager and the Human Resources Manager. Whenever possible, flex time may be utilized within the same pay period to reduce or eliminate overtime. Compensation for overtime shall be in accordance with the provisions of the Fair Labor Standards Act (FLSA) and as outlined in Sections 5.6.2 and 5.6.3 as follows:

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5.6.2 Exempt Pay Plan

Employees whose positions are assigned to the following classifications and pay grades are generally considered exempt from overtime pay under the Fair Labor Standards Act (FLSA) as follows:

‑- Executive ‑ Grades 1 ‑ 5

‑‑ Supervisory and Management ‑ Grades 1, 2

‑‑ Professional, Administrative and Technological – Grades 0,1

‑‑ Protective Occupations, Law Enforcement ‑ Grade 1

‑‑ Labor, Trades and Crafts ‑ Grade S

The listing above is intended to be a guide. Questions concerning any particular position should be addressed to the Human Resources Office.

a) Exempt employees are typically those who direct the work of an organizational unit or are the professional staff for major units. Such employees are compensated on a salaried, rather than an hourly, basis for their regularly scheduled work week. Employees in these categories are expected to be flexible about working hours that are different from, or above, their regular schedule. They are generally not entitled to overtime pay except as may be specifically approved by the City Manager, unless such work is to fill a regularly scheduled work shift of another employee in addition to the normal work week hours of the employee.

b) In lieu of overtime compensation, however, such exempt employees may accrue a maximum of forty (40) hours of administrative leave time (compensation time) in accordance with the following:

Accrual Rate for Administrative Leave: Exempt employees in the City’s Executive Level Pay Classification Plan may earn one (1) hour for each hour worked in excess of five (5) hours above and beyond their regularly scheduled work week. All other exempt employees in various Pay Classification plan levels may earn one (1) hour for each hour worked in excess of two and one-half (2.5) hours above and beyond their regularly scheduled work week. There shall be no payment for accumulated compensatory time upon termination, separation or retirement. Accumulated leave time shall be used in increments of not more than one (1) work day at a time.

c) For purposes of compensatory time eligibility, "hours worked" shall mean only the following: hours actually worked for the City; hours compensated by vacation pay; hours compensated by holiday base pay, if a regularly scheduled workday; and hours compensated by bereavement leave pay.

Vacation time shall not be taken exclusively for the purpose of receiving pay at time and one‑half or compensatory time.

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5.6.3 Non‑Exempt Pay Plan

Employees whose positions are assigned to the following classifications and pay grades are generally considered not exempt from the overtime compensation requirements under the Fair Labor Standards Act (FLSA):

‑‑ Clerical, Office Machine Operators, Technicians, All Grades (1 ‑ 5)

‑‑ Labor, Trades and Crafts ‑ Grades 1 ‑ 5

‑‑ Protective Occupations and Law Enforcement ‑ Grades 2 and 3

‑‑ Professional and Technological ‑ Grades 2, 3, & 4

‑‑ Supervisory and Managerial ‑ Grade 3, 4

Non‑exempt full-time employees are typically those compensated on an hourly, rather than a salaried, basis. Such employees generally work either a thirty‑seven and one‑half (37.5) hour or a forty (40) hour standard work week. Such employees are eligible for overtime compensation as provided below:

(a) Employees shall be entitled to overtime pay for hours worked in excess of forty (40) hours in any work week at the rate of one and one‑half (1.5) times the employee's straight pay rate or, in lieu thereof, compensatory time off earned at the time and one‑half rate. The maximum number of hours of compensation time that may be accumulated will be forty (40) hours. As a general rule, accumulation of compensation leave should be kept to a minimum.

b) For purposes of overtime eligibility, "hours worked" shall mean only the following: hours actually worked for the City; hours compensated by vacation pay; hours compensated by holiday base pay, if a regularly scheduled workday; and hours compensated by bereavement leave pay.

Vacation time shall not be taken exclusively for the purpose of receiving pay at time and one‑half.

(c) Accrued compensatory time up to forty (40) hours shall be used or paid upon termination or upon permanent transfer, promotion or demotion of an employee from one department to another.

6.0 PERSONNEL ACTIONS

6.1 Original Appointments

Persons originally appointed to any regular position normally shall be compensated within the entry level steps (1, 2, 3) of the assigned pay range. Upon recommendation of the Department Director, the City Manager or Human Resources Manager may approve initial compensation at a rate beyond the entry level of the pay range, where it is found necessary to take such action in order to fill a job vacancy in which there is a lack of qualified applicants or due to other unusual or extenuating circumstances.

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6.2 Promotions

6.2.1 Promotion Policy

It is the policy of the City that those persons serving as employees of the City have opportunity for advancement. In the event a vacancy occurs within the City service, present qualified employees shall be given first consideration. With approval of the City Manager, present employees may, under certain conditions, be given special training in order to qualify for a promotion or the filling of an existing vacancy. It is also the policy of the City that each vacancy in the City service be filled by the most qualified applicant, internal or external, or as required by the Affirmative Action Plan, and in accordance with Section 4.4, Selection Policy.

6.2.2 Effect of Promotion on Rate of Pay, Merit Anniversary Date, and Trial or Probationary Period

An employee chosen for promotion by the City to a vacancy within a job classification with a higher rate of pay shall have his/her pay grade, pay step, merit anniversary date and probationary period adjusted in accordance with the following procedures:

Effect of Promotion on Rate of Pay

Upon promotion, an employee shall receive compensation at the rate of the higher classification on a step in the pay plan that provides a minimum five percent (5%) pay increase. Promotion shall be considered an advancement to a new position with distinctly different duties and responsibilities from those of the previous position.

Trial or Probationary Period

Upon promotion of any non‑probationary employee, the employee shall commence a trial period of twelve (12) months in any new position. In the event the employee fails to meet, or otherwise comply with, the standards of the new position, every reasonable effort shall be made to retain the employee in his/her former position, if available, or another position for which the employee is qualified.

Upon promotion of any probationary employee, the employee shall commence a new probationary period of twelve (12) months in any new position. In the event that the employee fails to meet, or otherwise comply with, the standards of the new position, then the employee may be retained in another position, if available, or may be discharged in accordance with the normal Probationary Standards set forth in Section 3.4. Retention or the discharge of such employees shall be at the City's sole discretion.

Effect of Promotion on Merit Anniversary Date

Upon any promotion, the Human Resources Manager may establish a new anniversary date for merit pay purposes for the affected employee.

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6.3 Acting Capacity

When an employee is temporarily assigned by a Department Director or the City Manager to work in a higher classification, or to assume substantial additional duties of a position in the employee's classification, he/she shall be compensated on a step in the pay plan that provides a minimum five percent (5%) pay increase. The compensation shall be retroactive to the first day of the acting capacity. This provision is intended to apply when a vacancy exists, such as during a leave of absence, ongoing selection process, or other unusual situations; it is not intended to apply to circumstances when another employee is on vacation or using normal sick leave or other routine occurrence.

6.4 Transfers

Transfers are assignments to another available position and may be initiated by management for the good of the service or initiated by the employee subject to the approval of the Department Director and the City Manager. An employee may be transferred to another job classification within the same pay grade that has substantially similar duties and responsibilities. Such transfers shall not change the employee's pay grade, pay step or eligibility for merit pay increases on his/her anniversary date, unless specifically authorized by the Human Resources Manager.

6.5 Demotions

On occasion, circumstances may arise in which an employee should be demoted. Demotions are appointments to a position in a lower pay range or to a lower step in the employee's current pay range, demotions may be voluntary, may result from an inability to perform or maybe for disciplinary reasons.

6.5.1 Demotion for Inability

An employee may, because of his/her inability to satisfactorily perform the duties and responsibilities of his/her position, be demoted to a position with a lower maximum pay step than the pay grade assigned to his/her current position. Such demotions may be made upon the employee's written request and with the approval of the Department Director, or may be made by the Department Director with the approval of the City Manager. Demotions may also be made where vacancies exist, and in lieu of a layoff, at the election of the employee and with the approval of the affected Department Director(s) and the City Manager.

Effect on Pay Grade and Pay Step

Upon demotion, an employee shall be placed in the pay range of the classification to which the demotion was made. The pay step within the lower grade level shall be determined by a recommendation of the Department Director and approval of the Human Resources Manager. In no instance shall an employee receive his/her current rate, or higher rate of pay, upon demotion.

Probationary Period

Upon such permanent demotion, a regular employee shall be required to serve a twelve (12) month probationary period.

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Effect on Anniversary Date

Demotion for inability may affect an employee's merit anniversary date and any new anniversary shall be decided on a case by case basis.

6.5.2 Disciplinary Demotion

An employee may be demoted for disciplinary reasons by his/her Department Director with approval of the Human Resources Manager for cause. Such demotion may be accompanied by a reduction in the pay step of the employee's present pay grade or the employee's reduction to a job classification which has a lower pay grade. Any employee affected by such demotion shall be adjusted in accordance with the following procedures:

Effect on Pay Step

Upon such demotion, an employee's pay step must be reduced to any lesser pay step based upon the recommendation of the Department Director and approval of the Human Resources Manager.

Probationary Period

Upon such permanent demotion, a regular employee shall be required to serve a twelve (12) month probationary period in the new position.

Effect on Merit Anniversary Date

Upon such demotion, an employee's merit anniversary date may be changed to the effective date of such demotion and an employee may not be eligible for consideration for a merit increase for twelve (12) months from the effective date of the demotion.

6.6 Classification of Positions

All new or revised positions shall be evaluated by the Director of Administration according to a system designed to rank jobs in relation to one another based upon their duties and responsibilities. The three most important position factors to be compared and evaluated are: knowledge and skills, impact and accountability, and working relationships. The salary range for a new or revised position shall be assigned by the Director of Administration with the approval of the City Manager. The Human Resources Manager may make necessary adjustments to individual salaries due to grade or position reclassifications with the approval of the City Manager.

6.7 Reductions in Force

If the City reduces its work force, it shall attempt to first accomplish such reductions through the elimination of vacant positions which the City determines do not have to be filled. However, any employee of the City may be subject to a layoff by the City Manager, either permanently or temporarily.

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6.7.1 Ordinarily, employees in a position which is to be reduced shall be laid off by length of service within a classification and pay grade with the least senior employee being laid off first. Seniority is defined as continuous permanent City service, including probationary time from the most recent date of hire. Exceptions to this rule of seniority may be made in special circumstances when it is determined by both the Department Head and the City Manager to be in the best interests of the City to retain an employee who would otherwise be scheduled for a layoff. In such circumstances, an employee with greater seniority may be laid off before an employee with less seniority. Job performance and ability to perform the remaining work shall be considered in any such special circumstance.

6.7.2 Employees faced with a layoff may transfer into another position on the following basis:

a) An employee who would be laid off under Section 1 above may transfer to a vacant position within the department when the employee is qualified to perform the duties of the vacant position as determined by the affected Department Director and the City Manager.

b) An employee who would be laid off under Section 1 above may request a transfer to a vacant position in another department when the employee is qualified to perform the duties of the vacant position as determined by the affected Department Director and the City Manager, only after any intra- departmental transfers have occurred in accordance with Section a) above.

6.7.3 Employees who transfer into a position under Section 6.7.2 above shall be compensated at the rate provided in the City's pay plan for the position into which the employee is transferred that is closest to the employee's current pay. Employees cannot transfer into promotional positions, neither can they transfer to another department without following the required selection process. Neither part‑time employees nor employees for a limited time may transfer into full‑time positions without following the required selection process. Employees faced with a layoff may accept layoffs rather than transfer into a position under the provisions of Section 6.7.2 above.

6.7.4 Employees who are laid off shall have a twelve (12) month recall from their last day of work to the classification in the Department from which they were laid off. Employees shall be recalled in order of seniority and shall remain on the recall list for up to twelve (12) months unless the employee:

a) Waives recall rights in writing;

b) Resigns or retires;

c) Fails to accept a position within the same job classification and pay scale as was held immediately prior to lay off within forty‑eight (48) hours of receipt of written notice of recall;

d) Fails to report to work in the position accepted within ten (10) working days after receipt of the notice of recall unless sick, or injured, or unless this provision is waived by the City Manager.

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6.7.5 No full‑time employee shall be permanently laid off except upon written notice from the City Manager given not less than two (2) weeks before the effective date of the layoff; or a combination of pay or notice; or two (2) weeks' regular, straight time pay with immediate notification.

6.8 Disciplinary Actions

Except as limited by a collective bargaining agreement or individual employee contract, all City employees shall be subject to the disciplinary action as provided in these rules and regulations or in other disciplinary regulations promulgated by the City Manager. No employee in a Fair Labor Standards Act (FLSA) exempt position or classification shall have his/her pay reduced for a period of less than one (1) work week for any disciplinary action other than that defined by the Department of Labor, including but not limited to a violation of a safety rule of major significance. Non-probationary employees may grieve formal disciplinary actions through the Grievance Procedure provided in Section 8.0.

6.8.1 Reprimand, Suspension, Reduction in Pay, Demotion, Discharge

Unless limited by City Charter, City Ordinance, applicable law or contract, any employee may be reprimanded verbally or in writing, suspended with or without pay, reduced in pay, demoted or discharged by the Department Director or City Manager for any cause that will promote the efficiency of the City's service. Any proposed action to discharge shall be reviewed by the Human Resources Division. A written statement of the reason(s) for any suspension, demotion or discharge shall be submitted with a Personnel Action Form to the Human Resources Manager and provided to each employee who is suspended, demoted or discharged.

Nothing in these rules shall limit the City's right to suspend or discharge a probationary employee during the employee's probationary period with or without cause. Nothing in these rules shall limit the City's right to discipline, suspend or terminate any non-probationary employee with or without cause as provided in an applicable collective bargaining agreement or individual employment contract. These rules do not limit the right of the City to suspend or discharge employees for non-disciplinary reasons, e.g., lay off; lack of work; elimination of job positions; reductions in force; or budget constraints.

6.8.2 Causes for Reprimand, Suspension, Reduction in Pay, Demotion, or Discharge

The following are declared to be among the causes for disciplinary action, which may include reprimand, suspension, reduction in pay, demotion or discharge. Disciplinary action may be based on other justifiable causes other than those enumerated herein:

a) That the employee is incompetent or inefficient in the performance of his/her assigned duties.

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b) That the employee has violated or failed to obey any personnel rule, departmental rule, or any lawful and reasonable direction given him or her by a supervisor, Department Director, or the City Manager when such violation or failure to obey amounts to insubordination or serious breach

of discipline. Departmental rules may be established by the Department Director as long as they do not conflict with these Rules and Regulations and are approved by the Human Resources Manager.

c) That the employee has solicited or taken for personal use a fee, gift or other valuables in the course of his/her work or in connection with it.

d) That the employee has violated any Local Ordinances, or State or Federal Laws or has been convicted of a crime in connection with such violation. The provisions of this section shall not apply to minor traffic offenses, Class E Offenses under the Maine Criminal Code, or violations of the law not punishable by confinement where a maximum fine of $500 may be imposed unless the violation occurs on the job or affects the job.

e) That the employee, through negligence or willful misconduct, has caused damage to City of Bangor property or equipment or waste of City of Bangor supplies and inventories.

f) That the employee has hindered the regular operation of the department or division because of absenteeism.

g) That the employee has used or attempted to use political influence in securing or retaining a position or in influencing promotional or other employment opportunities, or attempting to inappropriately influence officials or supervisory employees in matters relating to the employee's employment status.

h) That the employee has been in possession, under the influence of, or has used alcohol or any illegal substance while on duty, or has violated the City's Drug and Alcohol Abuse Policy, or the Drug-Free Workplace Policy.

i) That the employee has intentionally falsified a time record or has made a false claim or has failed to report his/her absence from duty to the supervisor or other designated individual.

j) That the employee, after employment, has been found to have made a false statement in, or material omission from, the application for employment.

k) That the employee has misappropriated City funds, appropriated City property for personal use, or improperly/wrongly disposed of City-owned property.

l) That the employee has been consistently tardy in reporting for duty or has been absent from duty during regular working hours without authority.

m) That the employee, without proper reason, refused to perform a reasonable amount of work outside normal working hours when directed to do so by a supervisor.

n) That the employee has been subject to an excessive number of accidents in the performance of duties.

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o) That the employee has operated a motor vehicle with disregard for the safety of others, either in the service of the City or on City property.

p) That an employee whose position requires the operation of a motor vehicle in the performance of his/her duties has had the license suspended or revoked.

q) That the employee has failed to maintain in a current status any license certification or professional credential necessary for the performance of the employee's duties or required under the employee's contract, position description or the City's Position Classification and Pay Plan.

r) That the employee, during off duty hours, has engaged in employment, activity or enterprise that is incompatible or in conflict with duties, functions, and responsibilities as an employee of the City of Bangor.

s) That the employee has violated a safety rule or safety practice required under any lawful regulation or these Rules and Regulations.

t) That the employee has participated in unlawful action including, but not limited to, instigating, leading or participating in any walkout, strike, stand-in, slowdown, refusal to return to work at the scheduled time for the scheduled duties, or any other action as may be prohibited by law.

u) That the employee has engaged in physical violence, or has threatened violence against any fellow employee, supervisor or member of the public while on duty or on the work site.

v) That the employee has been unable to maintain a cooperative attitude or working relationship with co‑workers, supervisors or the public.

w) That the employee, after hearing, is found to have violated applicable provisions of the City's Code of Ethics (Chapter I, Article 6, Laws and Ordinances of the City of Bangor).

x) That the employee, other than a police officer, without express prior authorization from either the City Manager or the employee's Department Director, has carried or introduced a firearm, switchblade, knife, or other weapon into the employee's workplace, or City-owned public building.

y) Any other action or failure to take action which negatively impacts the City of Bangor.

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6.9 Incapacitation

6.9.1 Employee Incapacitation

Upon recommendation of the Department Director to the Human Resources Manager or City Manager, an employee may be subject to a transfer, non-disciplinary suspension or discharge, if it is determined that the employee has a non-work related, non-temporary illness or disability that incapacitates the employee from performance of the employee's assigned duties after all reasonable accommodations have been made. For this purpose, "non-temporary" means an illness or disability that is unlikely to be resolved within the period of the employee's available accrued sick leave. Any suspension under this section shall be without pay; but the employee shall be entitled to utilize accrued vacation and sick leave prior to the effective date of any suspension or termination. In the event of a suspension or termination under this section, the City shall attempt to provide continued employment if a vacant position is available within City service for which the employee is, or may be qualified.

6.10 Resignation from City Service

6.10.1 Notice

Any employee wishing to leave in good standing shall file with the Department Director or Division Head a written resignation stating the date that the employee is leaving the City service and, if desired, the reason for leaving. The written resignation shall be submitted at least ten (10) working days prior to its effective date. Failure to comply with this procedure may result in denying the employee's future employment by the City.

6.10.2 Unauthorized Absence

Absences from work for a period of three (3) days or more without permission from the employee's immediate supervisor or Department Director shall be considered a voluntary resignation by the employee.

6.10.3 Final Responsibilities

The effective date of resignation shall be at the close of business on the date specified in his/her written resignation. Separating employees shall turn in all City‑owned property in their possession. The employee shall leave a forwarding address with the Department Director or with the Human Resources Office for purposes of forwarding Internal Revenue forms and any remaining checks for unpaid compensation. At the discretion of the City, or at the request of the employee, the Human Resources Office may conduct an exit interview prior to the separation of the employee from City service.

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6.11 Personnel Records

The Human Resources Office is responsible for creating and maintaining centralized personnel files for all employees. That Office will also retain files concerning applicants for City positions and personnel files of former employees. Personnel files should include such records and information to document the employee's personnel actions during his/her employment with the City. Departments or Divisions may create and maintain supplemental working personnel files for their convenience but any records of a permanent nature should be included in the centralized Human Resources Office files.

Employee personnel files are considered confidential documents. Only those persons with the right to know or the need to know may have access to the personnel files. Any employee has the right to inspect his/her personnel file or, at his/her expense, to receive copies of his/her own file. Requests to view or inspect centralized personnel files should be made in advance to the Human Resources Office.

7.0 GENERAL AND CITY PROVIDED BENEFITS

7.1 Holidays

7.1.1 Holidays Established

Regular full‑time employees of the City are granted the following holidays with pay on the dates of observance as determined by the State of Maine. In order to be eligible for holiday pay, an employee must work the last scheduled work day prior to the holiday, and the next scheduled work day after the holiday, unless excused by the supervisor:

a) New Year's Day

b) Martin Luther King Jr. Day

c) President's Day

d) Patriot's Day

e) Memorial Day

f) Independence Day

g) Labor Day

h) Columbus Day

i) Veteran's Day

j) Thanksgiving Day

k) Day after Thanksgiving Day

l) Christmas Day

7.1.2 Holiday Pay Exceptions

Holiday pay shall not be given to any employee if they are on a leave of absence without pay, suspension, or any other non‑pay status on the date the holiday falls. Sick leave shall not be charged on any paid holiday established above.

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7.1.3 Non-Observed Holidays

Regular full-time employees who wish to observe other religious holidays not designated by the City may be permitted to do so under the following conditions with prior approval of the Department Director or Division Head:

- The employee may request to use any accrued compensatory leave time.

- The employee may elect to use a vacation day.

- The employee may request to work a designated holiday related to the non-designated holiday.

In determining whether to approve time-off for a religious non-designated holiday, the Department Director/Division Head may consider such factors as work load, staffing levels, customer service and other related concerns.

7.2 Vacation

7.2.1 Accumulation of Annual Leave

All regular, full-time City employees who are working the standard work week of the City shall be entitled to accumulate two (2) "work weeks" of annual leave per year paid at the employee's straight time rate. All employees shall begin to accumulate three (3) weeks of annual leave per year after the completion of six (6) years of continuous service with the City, three and one half (3½) weeks of annual leave per year after the completion of eleven (11) years of continuous service with the City, four (4) weeks of annual leave per year after the completion of fifteen (15) years of continuous service with the City, and five (5) weeks of annual leave after twenty (20) years of continuous service with the City.

a) Annual leave not used during the year in which it is earned may be accumulated up to a maximum of six (6) "work weeks" and utilized at a later date.

b) Employees who wish to take annual leave must receive prior approval from their Department/Division head. Employees may request advance vacation pay at least one (1) week before the scheduled vacation time. To maintain high levels of job performance, employees are encouraged to take leave on an annual basis.

As a general rule, annual leave shall not be taken by any employee for more than two (2) consecutive weeks. Vacation requests in excess of two (2) weeks must be requested well in advance of the desired time and may be denied if such time off constitutes a hardship to the Department. The Department Director's determination as to scheduling of annual leave shall be final.

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c) After the maximum annual leave accumulation limit has been reached, the employee shall forfeit any right to accumulate additional leave until he/she has been charged with at least a part of the leave so accumulated. It will be the responsibility of every employee to be aware of his/her accumulated leave. No employee shall receive payment in lieu of annual leave other than upon separation from the City. Any employee who separates from City service and is subsequently rehired shall begin vacation accrual at the minimum rate set forth above.

d) Rights to annual leave shall not be earned by an employee during the following:

· Leave of absence without pay.

· Suspension without pay.

· After the first ten (10) weeks of receiving Workers' Compensation benefit.

· When on any non‑pay status.

e) No employee shall be allowed to take annual leave which has not been earned as provided herein.

f) No employee shall be eligible to take annual leave with pay until he/she has completed at least six (6) months of continuous service with the City.

7.2.2 Annual Leave Payment on Retirement or Separation

Upon retirement or separation from the City of Bangor, employees shall receive a lump sum payment of all unused annual leave up to the maximum accumulated total equivalent of six (6) weeks. Such payment shall be made at the employee's regular rate of pay at the time of retirement or separation.

7.2.3 Transfers, Layoffs and Rehires

An employee's right to annual leave shall not be affected by transfers. In the event of layoffs, if the layoff has been predetermined as permanent, the employee shall be paid all accumulated annual leave. If the layoff may result in the possible rehiring at a later date, the employee shall have the option of being paid all the accumulated annual leave or retaining accrued leave. Such accrued leave shall be retained no longer than six (6) months, at which time it shall be paid to the employee.

7.3 WORKERS' COMPENSATION

7.3.1 General

Workers' Compensation benefits are governed by State Law as supplemented herein. Such benefits may be provided when an employee has sustained a job- related injury or illness. All job-related injuries and illnesses shall be immediately reported to the employee's supervisor who, with the employee's assistance, shall submit the first report of injury form. Supervisors are responsible for reporting an injury within twenty‑four (24) hours of its

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occurrence, or their knowledge of the occurrence, regardless of the timing of the employee's first written report. Full‑time employees are eligible to receive an amount equal to not more than their regular net pay and benefits for a period not to exceed ten (10) weeks (400 or 375 hours) of normal work time. If Workers' Compensation coverage continues after this period, then the employee shall receive pay in accordance with State Law and may receive benefits as may be otherwise described in these Rules and Regulations. All other employees are eligible to receive the percentage of their regular pay as prescribed by State Law.

7.3.2 Light or Modified Duty Status

Until such time as the employee is capable of returning to his/her position, the City may assign the employee to other duties or to another position within the City service on a temporary or regular basis consistent with the abilities of the employee.

7.3.3 One‑Year Review Process

After one (1) year of absence from the date of initial work related injury, the employee shall be examined by a physician mutually acceptable to the City and to the employee for the purpose of determining if the employee will regain the ability to perform the normal duties of the position for which he/she was hired. The examination cost shall be paid for by the City. If the physician determines that the employee will not be able to return to his/her normal duties, the City shall have the right to evaluate or determine the employee's employment status.

7.4 Unemployment Compensation

Unemployment compensation benefits are governed by State Law. The City contributes these benefits to employees in accordance with the Unemployment Compensation Insurance laws. Employees or former employees who may have specific eligibility questions should contact the nearest Maine Employment Security Office regarding their status.

7.5 Retirement Plan

7.5.1 Until March 31, 2001, the City will be a participating local district under the Maine State Retirement System. Regular full-time and certain part-time employees are required to join the Retirement System in accordance with Retirement System rules. Employees covered under “Employment for a Limited Time” (3.3) will normally participate in Social Security coverage. Further information concerning this plan may be available from the Human Resources Office or directly from the MSRS.

7.5.2 Effective April 1, 2001, the City of Bangor shall cease to continue as a participating local district for all newly hired regular part-time employees (20 hours or more per week) and all regular full-time employees, as provided by City Council Order 01-60.

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Effective April 1, 2001 employees who are participating in the Maine State Retirement System, shall be provided the option of either continuing to participate in the Maine State Retirement System or electing to participate in the 401 (a) plan, subject to statutory requirements governing the Maine State Retirement System and/or the rules governing Maine State Retirement. Any regular full-time or regular part-time employee hired after March 31, 2001 shall be required to participate in the 401 (a) defined contribution plan with the following terms and conditions:

a) Contribution Levels: The City shall contribute eight (8) percent of the employee's gross earnings and the employee shall contribute six and one-half (6.5) percent of his/her gross earnings.

b) Vesting Period: Employees will be considered vested in the Plan after the successful completion of one (1) year of service with the City.

c) Disability Coverage: The City shall provide a long-term disability plan that provides for approximately sixty (60%) percent of the employee's earnings, should the employee become disabled and not able to perform work.

Other details concerning the 410 (a) defined contribution plan are available through the Human Resources Office.

7.6 Deferred Compensation

In addition to the Maine State Retirement System program or subsequent 401 (a) replacement program, the City makes available a Section 457 deferred compensation plan. Participation in this plan is voluntary and may allow qualifying employees the option of deferring a portion of their salary to be invested by the plan administrators, presently the International City Management Association‑Retirement Corporation (ICMA‑RC), which shall be paid back to the employee at a future date. Further information concerning this program is available in the Human Resources Office. Employees are urged to participate in, and to take responsibility for, planning their retirement.

7.7 Insurance

7.7.1 Basic Group Life Insurance

The City makes available for employee purchase participation in a Group Life Insurance Plan through the Maine State Retirement System and offers life insurance and accidental death and dismemberment insurance at their own expense to regular full‑time employees or part-time employees participating in MSRS. Dependent and supplemental life insurance also may be available at the employee's expense for those who participate in the MSRS Group Life Insurance Plan. This Plan is subject to change should the City withdraw from the MSRS.

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7.7.2 Health and Major Medical Insurance

The City offers group hospital, surgical and Major Medical benefits to employees in regular full‑time positions. In addition to traditional health insurance, the City may also offer a non‑traditional plan, such as a Health Maintenance Organization (HMO). Employees should consult their health insurance booklets for details on their chosen plan. The City and the employee share in the cost of the premium with the employee's share being contributed through payroll deduction. Dependant coverage (+19) is available, if so elected. The cost‑sharing levels for plans offered by the City shall be determined on an annual basis by the City Council. The City's contribution rate for HMO coverage shall be no higher than its contribution toward traditional coverage.

Any employee whose spouse receives either single, single parent or family coverage as an employee of any Bangor City Department, including the School Department, is not eligible for dual health insurance coverage.

City participation in the cost of coverage begins the first full month following the employee's date of hire. Coverage by the health insurance plan is not automatic and employees must initiate a request for benefits according to their eligibility in order to obtain coverage.

7.7.3 Disability Insurance

The City offers disability insurance coverage to non‑union employees in regular full‑time positions. In order to be eligible for coverage, an employee must complete six (6) months of employment with the City. The cost of this insurance shall be borne by the employer, and eligible employees shall be covered automatically upon the completion of the six (6) month requirement. Further specific information is available through the Human Resources Office.

7.7.4 Dental Insurance

The City offers group dental insurance coverage to employees in regular full-time positions. If selected, this coverage begins in the first full month following the employee’s date of hire. The cost of any coverage shall be paid for by participating employees and this plan is available to dependents and/or spouse. Participation in this benefit is not automatic and employees must initiate a request to become enrolled. Further specific information regarding coverage and costs is available through the Human Resources Office.

7.8 Legal Defense and Indemnification

Pursuant to the Maine Tort Claims Act, the City, with the employee's consent, shall assume the defense of and indemnify an employee against any claim which arises out of an act or omission occurring within the course or scope of his/her employment, and for which the City is liable, up to the applicable statutory limits. In addition, the City, with the employee's consent, shall defend

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and indemnify an employee, up to the statutory limits of the Maine Tort Claims Act, against a claim which arises out of an act or omission within the course and scope of his employment, and for which the City is not liable, provided that such defense and/or indemnification is not contrary to public policy, and the City determines that the employee acted in good faith, and not in violation of any law, ordinance, rule or regulation, including municipal rules and regulations.

In any case where the City is defending or indemnifying an employee, the City has the right, through its City Solicitor, to approve the retention of any outside counsel, and the right to authorize and accept settlements of such cases.

Any employee involved in an accident or incident in which the City may be a party, or having any notice or knowledge of such accident or incident, is required to immediately file a full report thereof with the Finance Department or City Solicitor.

The above legal aid and protection are also extended to former employees for claims against them arising from acts or omissions during their employment with the City as defined above.

Reference to employees in this provision shall also apply to volunteers who are accepted by the City as volunteers with respect to claims against them arising from acts or omissions in the scope of their performance of the voluntary work assigned to them.

7.9 Employee Assistance Program

The City offers to its employees and dependents a comprehensive Employee Assistance Program (EAP). This program is established to assist employees who are experiencing on‑the‑job difficulties as the result of job related or personal problems including, but not limited to, substance abuse, marital, financial, legal, physical, mental or emotional illness or other similar concerns. Use of this program is confidential and, although it may be strongly encouraged, participation is not mandatory. Further information may be obtained from the Human Resources Office or supervisory personnel.

7.10 Leaves of Absence

7.10.1 Sick Leave

a) General

The sick leave benefits provided by the City are a form of insurance for the employee based upon years of service and, accordingly, the program is designed to encourage employees to accumulate sick leave credit and to use it only when necessary. When so used, accumulated sick leave can provide the employee

with substantial protection should the employee have a major medical problem. The City requires that employees request sick leave only in cases of actual illness, and the City at any time may request the employee to obtain a certificate of illness from an attending physician. An employee's abuse of sick leave may result in disciplinary action up to and including dismissal. The City may require a certificate of illness prior to paying an employee for sick leave taken after the employee has submitted his/her resignation from City service.

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b) Eligibility

Full‑time employees of the City shall be entitled to accrue sick leave at a rate of fifteen (15) days per year accrued on a prorated weekly basis. No employee shall be eligible for paid sick leave unless accrued.

c) Use of Sick Leave

Paid sick leave may be used only in the following cases:

Personal illness or physical incapacity of such a degree as to render the employee unable to perform the work of the assigned position or other work in the department. Sick leave shall include only those instances when an employee is confined by illness or physical incapacity to his/her home, or is hospitalized or other justifiable situations. Accrued sick leave may be used upon the birth of a child with a doctor's certificate stating that the employee is incapable of performing her duties.

Attending to members of the employee's immediate family (spouse, children, parents, stepchildren, stepparents, brothers, sisters only) who are ill and require care by the employee, if approved by the employee's Department Director/Division Head. A doctor's certificate may be required. Sick leave used for this purpose is not to exceed fifteen (15) days per calendar year. Additionally, an employee who is the primary caregiver for a grandchild(ren), grandparent(s) or other relative living in the household may use sick leave in accordance with the provisions of this paragraph.

Attending routine appointments that can only be scheduled during work times relating to an employee's personal health care or preventive health care, such as doctors, dentists or other professional health providers.

In addition to three (3) days bereavement leave, the Department Director, with the approval of the Human Resources Manager, may authorize an employee to take up to three (3) additional days of accrued sick leave in the event of a death in the family, as defined in Section 7.10.5, under special or extenuating circumstances.

Sick leave may be used in accordance with the Family Medical Leave provision as specified in Section (i) below.

d) Computation of Sick Leave

Sick leave will be accrued by the employee at a rate of one and one‑quarter (1.25) days per calendar month of continuing full‑time service to the City.

Sick leave will not be accrued by employee during the following:

· Leave of absence without pay

· Suspension without pay

· After the first ten (10) weeks of receiving Workers' Compensation benefits

· When on a non‑pay status

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Unused sick leave may accumulate from year to year, but shall not exceed one hundred twenty (120) days.

e) Sick Leave Requests

The employee shall have the responsibility of notifying the immediate supervisor or Department Director promptly of any illness or disability, and shall keep his/her supervisor advised of the status of the illness or disability. Proof of illness or disability may be required at any time by the Department Director or the Human Resources Manager. Falsification of such proof of sick leave may be justified cause for dismissal. Sick leave shall not be paid on any paid holiday established under these rules. Sick leave granted shall be recorded weekly on the payroll records of the department. The Human Resources Manager shall review such leave records periodically and investigate any cases when questions of eligibility or abuse arise.

f) Entitlement Upon Separation or Death

Sick leave accumulated in accordance with these rules shall be forfeited upon separation from the City service. There will be no restoration of formerly accrued sick leave in the event that the employee returns to the City service.

In the event of the death of an employee, sick leave accumulated in accordance with these rules shall be paid to the estate of the employee or to the beneficiary designated by the employee under Group Life Insurance, if selected.

g) Entitlement Upon Retirement

In the event the employee retires from active service with the City and is immediately eligible for benefits under the Maine State Retirement System or other City adopted qualified Retirement Plan, the employee shall receive, in addition to other compensation owed, an additional payment computed at the rate of pay at the time of retirement times one‑third (1/3) the number of days accumulated as unused sick leave to a maximum of forty (40) days.

h) Sick Leave Pool

Sometimes in cases of serious illness an employee, through no fault of his/her own, may not have sufficient sick time accrued to cover the entire illness. In such cases, the Human Resources Manager may, with the approval of the City Manager, authorize the establishment of a special sick leave pool. Individual employees may donate their accrued vacation time. The total pool established may not exceed twenty (20) working days unless specifically authorized by the City Manager based upon the circumstances of the request. Computation shall be made on a day for day basis and at the pay level of the employee to be benefited.

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i) Family and Medical Leave

Entitlement

In the case of serious illness of the employee, the employee's child, spouse or parent, or the birth or adoption of a child, the City shall, upon request, grant unpaid Family Medical Leave to regular full-time employees for up to a total of twelve (12) weeks in any twelve (12) month calendar period provided that the employee has been employed by the City for twelve (12) consecutive months. In order for regular part-time and non-regular employees to qualify, they must have worked for twelve (12) months and 1,250 hours in the last twelve (12) months. The Department Director and employee may negotiate for more or less unpaid leave. Final approval shall be given by the Human Resources Manager.

Serious Illness

A serious health condition means an illness, injury, impairment, or physical or mental condition that involves one of the following: hospital care, absence plus treatment, pregnancy, chronic conditions requiring treatment, and permanent/long-term conditions requiring supervision. Further explanation and detail is available in Federal Regulations, Part 825.114, Family and Medical Leave Act of 1993, as may be amended.

Notice

The employee must give at least thirty (30) days notice of the intended date upon which Family Medical Leave will commence and terminate, unless prevented by medical emergency from giving that notice.

Certification

The City may require certification from a physician to support the need for Family Medical leave due to a serious health condition affecting the employee or immediate family member.

Maintenance of Employee Benefits

During any unpaid Family Medical Leave taken under this section, the City shall offer to continue group health insurance coverage on the same terms as if the employee had continued to work. The employee shall be responsible for paying his/her share of the premiums. There shall be no accrual of vacation time, sick time, holidays or any other paid leave. Family medical leave shall not be counted as a break in service for purposes of vesting or eligibility to participate in benefit programs.

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j) Sick Leave Bonus Provision

Employees completing a six (6) consecutive month period (January 1‑June 30 or July 1 to December 31) of employment without using any sick leave under any provision of Article 7 shall be granted one (1) perfect attendance bonus day. Perfect attendance bonus days may accumulate to three (3) days and use or donation of the day(s) shall not be charged against the employee as sick leave.

Perfect attendance bonus days may not be used to substitute for disciplinary action and must be taken in full day increments. Perfect attendance bonus days shall be scheduled on request of these by the Department Director/Division Head or his/her designee in accordance with the needs of the Department and the preference of the employee. Any accumulated days shall be paid upon any separation of service.

Employees on Workers' Compensation, Family Medical Leave or other situations preventing the employee from actually working all or any part of the six (6) month period are not eligible for the perfect attendance bonus days.

7.10.2 Jury Duty

A leave of absence with pay shall be granted to regular employees required to perform jury duty. Such leave of absence shall not be charged against the employee's accumulated annual leave. The City shall pay the difference between the total compensation received from the Court for the jury duty and the employee's regular rate of pay.

Employees required to report for jury duty shall inform their supervisor as soon as possible of any notice to report or subsequent obligations. Further, if not detained by the Court for jury duty, the employee shall immediately return to his/her place of work with the City.

7.10.3 Armed Forces Reserve and National Guard Training

A full‑time employee who, by reason of membership in one of the United States Military Reserve Components, or National Guard is required to perform field duty or attend training sessions shall be granted leave of absence upon presentation of a copy of official orders. Such leave may be with pay for up to two (2) work weeks in any one calendar year. Leave granted under this section shall not be charged against the employee's accumulated annual leave. To be eligible for two (2) weeks paid leave, the employee shall reimburse the City in an amount up to the total amount of compensation received by the employee from the military during such paid leave up to the amount of pay received from the City.

Any additional leave shall be without pay. All employees who take leave in accordance with this section shall notify their Department Director within forty‑eight (48) hours after being notified by the appropriate authority as to the dates they shall be absent from their employment.

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7.10.4 Military Leave

Military leave and rights to re‑employment after such leave are available to employees in accordance with applicable Federal and State law. Any person eligible for re‑employment under such law shall be restored to service with no loss of seniority.

7.10.5 Bereavement Leave

An employee may be excused from work up to three (3) days because of a death in his/her immediate family. It is intended that this time be used by the employee for purposes of handling necessary arrangements and attendance at the funeral. Immediate family is limited to spouse, parents, children, brother, sister, mother‑in‑law, father‑in‑law, brother‑in‑law, sister‑in‑law, grandparents, grandchildren, step‑parents, step‑children, step‑brother, step‑sister or any other relative living in the household of the employee.

An employee may be excused from work up to one regularly scheduled work day for attendance at the funeral of the following relatives: aunt, uncle, niece or nephew.

7.10.6 Leave Without Pay

Any full‑time employee of the City may be granted a leave of absence without pay not to exceed twelve (12) months by the Human Resources Manager upon recommendation of the applicable Department Director. Such leave may be granted only after all accrued vacation time, compensatory time, sick leave bonus days and sick leave, if appropriate, has been exhausted.

Such leave of absence without pay shall only be granted when it appears, because of the past record of the employee, or because of the purpose for which their leave is required, that it is in the best interest of the City to grant such a leave. During such leave period, all fringe benefits otherwise available to the employee will cease. In addition, the employee shall not accrue any benefits during such period.

Failure of an employee to return to work upon the expiration of an approved leave without pay is deemed to be a resignation from City service.

7.10.7 Court Proceedings and Subpoenas

From time to time, employees may be required to attend or participate in various legal proceedings. If those proceedings involve a work related matter or issue, then the employee shall be compensated by the City for time spent in the proceeding. Should the proceeding involve any non-work related matter or issue, then any time spent in the proceeding shall not count toward regular work hours, but the employee may use accumulated vacation, compensatory time, floating holiday(s) or perfect attendance bonus day(s). Sick leave shall not be used for attendance at any Court proceeding.

Any employee who is compensated by the City for travel to or attendance at court or other legal proceedings shall endorse over to the City any mileage,

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per diem payment, witness fee or similar payment received from the court or parties involved in the litigation.

8.0 GRIEVANCES

8.1 General

The City's grievance procedure is intended to provide an opportunity for employees to bring to the attention of management items of mutual concern, complaints, grievances or situations in where the employee feels further information or adjustment is needed. It is the intent and desire of the City to address grievances or complaints informally and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there will be matters that may be resolved only after an appeal and subsequent review. It is the policy of the City to deal promptly with employee complaints or grievances.

A grievance is defined as a dispute concerning the interpretation or application of these Personnel Rules and Regulations and/or any work rules or procedures specific to the department concerned. The aggrieved employee should attempt to resolve the grievance through discussion with his/her immediate supervisor or Department Director. If the grievance is not resolved after an informal discussion with the immediate supervisor or Department Director, the grievance should be reduced to writing and pursued according to the following procedure.

8.2 Grievance Procedure

All grievances must be filed in writing not later than ten (10) working days (Monday through Friday non‑holidays) after the event being grieved became known, or should have been known, to the employee or employees concerned.

In order to ensure the employee of a method in which he/she may obtain review of the grievance promptly, fairly and without reprisal, the following steps are provided:

8.2.1 If the employee feels that the matter has not been settled satisfactorily by his/her immediate supervisor, in accordance with Section 8.1 above, the employee shall submit the matter in writing to the Department Director with a copy to the Human Resources Office. The Department Director shall schedule a meeting within five (5) working days after receipt of the grievance. The Department Director shall provide a written response within five (5) working days of the meeting.

8.2.2 If the matter is not resolved by the decision of the Department Director, the employee may appeal the grievance in writing within five (5) working days to the City Manager. The City Manager, or his/her designee(s), shall meet within five (5) working days with the employee and shall provide a written decision of the matter within five (5) working days of the meeting. For probationary employees, this shall be the final grievance step in the grievance procedure.

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8.2.3 In the event the decision of the City Manager, or his/her designee(s), is not satisfactory to the aggrieved employee, the grievance may be submitted in writing within five (5) working days to a committee established by the City Council for such purpose. The grievance must be submitted to the Chair of the City Council, with a copy to the City Manager.

If the employee or employer wishes to have a hearing before the Committee, he/she shall submit at the time of the grievance a statement of reasons why he/she believes a hearing would be appropriate. Failure to include said statement is a waiver of the right to a hearing, provided, however, that the Committee retains the right to hold a hearing. A request for a hearing does not require that the Committee hold a hearing.

The Committee in a timely manner shall review the record established in earlier disciplinary proceedings and may decide the grievance on the record, or, the Committee may hold a grievance hearing with the aggrieved employee.

If a grievance hearing is held, the employee has the right to be represented at the hearing, may request the presence of City employee witnesses, may testify and present other witnesses and may cross-examine City witnesses. The grievance committee is entitled to receive written statements and other evidence which the Committee determines to be relevant and reliable as to their contents. In accordance with 1 MRSA §405 (6)(A)(3), the committee hearing and evidence taken shall be in public or executive session, at the employee's choice.

Upon completion of the review of the record or hearing and necessary Committee deliberation, the written decision of the Committee shall be provided to the grievant within thirty (30) calendar days of the Committee vote and the decision of the Committee shall be final for purposes of any further appeals at that time. Per 30-A MRSA § 2702(B)(5), the Committee's final written decision shall be a matter of public record.

8.2.4 Time frames included in Section 8.2.1, 8.2.2, and 8.2.3 above may vary by mutual consent.

9.0 MISCELLANEOUS PROVISIONS

9.1 Special Rules‑Police and Fire Departments

Because of the degree of organization necessary to enable the Police and Fire Departments to efficiently discharge responsibilities for protecting public life and property, and because they are established and maintained under a more rigid organizational structure, it is recognized as necessary and desirable that departmental rules of conduct and procedures be established, maintained and observed in both Police and Fire Departments. It is the responsibility of the respective Chiefs to establish and enforce such additional rules and procedures.

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9.2 Employee Safety Equipment and Safety Regulations

Safe working habits and conditions as required by the City and under Occupational Safety and Health Administration Regulations shall be observed by all employees. All safety equipment required by the employer shall be used at all times. Specific safety and equipment requirements for each job shall be retained by the City and in the Department Office and at the job site as appropriate. Failure to comply with such requirements shall be just cause for disciplinary action.

9.3 Outside or Non‑City Employment

No employee shall, during non‑duty hours, be engaged in any employment, activity or enterprise that is incompatible or in conflict with his/her duties, functions and responsibilities with the City. For purposes of guidance, no employee shall accept outside employment with duties which would interfere or not permit the employee to leave for reasons of emergency, special assignment or overtime requirements in conjunction with his/her duties with the City.

9.4 Employee Enrichment

9.4.1 Required Training

As a condition of employment, an employee may be required to attend and participate in training sessions or courses. All expenses associated with required training shall be paid by the City. Employees shall receive their regular rate of pay while attending required training sessions in accordance with Fair Labor Standards Act (FLSA) regulations.

9.4.2 Elective Training

Employees who wish to supplement their education by taking job related courses may do so at City expense with the advance written approval of the Department Director and the Human Resources Manager. Approval will be subject to the availability of funds. Courses may not be taken during normal working hours unless authorized by the employee's Department Director and the Human Resources Manager. Reimbursement for the cost of such courses shall be made by the City only after the courses are satisfactorily completed. Time spent in elective training will not be considered "hours worked" and shall not be compensable.

9.4.3 Special Meetings

An employee may be granted leave with pay to attend professional seminars, institutes, conferences, or other meetings that may contribute to his/her effectiveness. Such leave requires prior approval of the Department Director. Expenses associated with such meetings may be paid by the City.

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9.5 Reimbursable Travel Expenses

9.5.1 General Policy

The City shall reimburse all approved and reasonable job-related expenses. It is understood that no set of rules can cover all situations. These two tests shall be applied to all claims for reimbursements:

a) The expenses must be reasonable under the particular circumstances involved.

b) The expenses must be directly related to City activities.

Employees who wish to be reimbursed must submit requests for reimbursements within thirty (30) days of the date the expenses were incurred. Employees who draw cash advances must submit appropriate documentation within thirty (30) days from the date of their return.

9.5.2 Reporting

The City shall make available travel expense reporting forms. Since both the City and the employee must retain adequate records for disbursements made, a copy of all appropriate forms must be submitted to the Finance Department before any reimbursement will be made. Initial approval of the forms shall be the responsibility of the Department Director/Division Heads.

9.5.3 Personal Vehicle Use

Effective February 1, 2005, if an employee is authorized to use his/her personal vehicle on City business, reimbursement shall be made for any tolls plus forty and one-half cents ($0.405) per mile. Effective January 1, 2006 and for subsequent years, the City will use the Internal Revenue Service Rate established each January 1^st as its established reimbursement rate.

For those employees who receive a mileage stipend in lieu of a City vehicle, tracking actual mileage, or as part of a negotiated compensation package, adjustments to those stipends will be made on or about January 1^st of each year at the same percentage rate change as established by the IRS for mileage reimbursement purposes. This provision shall be retroactive to January 1, 2004.

9.5.4 Authorized Charges

a) Any additional expenses incurred when an employee is accompanied by a guest on City business shall not be paid by the City.

b) Charge accounts and credit card charges, other than air travel, must be paid by the employee and reimbursement obtained through the above reporting procedure. There shall be no credit cards issued in the name of the City.

c) Out‑of‑state trips and conferences require prior approval of the City Manager. In‑state trips and conferences require prior approval of the Department Director or Division Head. All expenses must be approved by the City Manager or his designee.

d) Membership dues for professional organizations must be approved in advance by the Department Director if reimbursement is expected.

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9.5.5 Travel Policy

The City Travel Policy further details procedures associated with reimbursable travel expenses and is available through the Human Resources Office or Finance Department.

9.6 Nepotism

9.6.1. Any applicant who is related to a present employee within a department may not be considered for regular employment or employment for a limited time within that department. Further, no relative of a Department Director shall be hired into the Director's chain of supervision. For purposes of this section only, Department will be defined as follows:

Records (City Clerk), Legal, Assessing, Executive, Human Resources, Information Services, Central Services, Purchasing, Motor Pool, The Bus, Finance, Community and Economic Development, Police, Fire, Health and Welfare, Parks and Recreation, Engineering, Operations and Maintenance (Public Works), Wastewater Treatment, Bass Park, Golf Course, Airport.

9.6.2 A relative is any one of the following:

spouse, children, stepchildren, parents, grandparents, grandchildren, brother, sister, brother‑in‑law, sister‑in‑law, aunt, uncle, nephew, niece, son‑in‑law, daughter‑in‑law, mother‑in‑law, father‑in‑law, step-parents, half‑brother, half‑sister, first cousin.

9.6.3. This policy may be waived for positions defined under Section 3.3, Employment for a Limited Time, by the City Manager when he/she determines that such waiver is necessary in order to recruit sufficient personnel to meet the City's needs. Such waivers shall be for a specific period of time and shall detail the positions and/or departments covered. Such waivers shall not create a grandfathered situation in future years and must be considered each year.

9.6.4 Under no circumstances shall this policy be waived in any situation involving a regular employee without the express prior approval of the Bangor City Council. It is the Council's policy that such authorizations shall be granted, if at all, only in those situations where there is no other available qualified applicant for the position concerned, and the vacancy to be filled is a position critical to the operation of the City or the Department concerned.

9.6.5 In a situation where the nepotism policy is waived, relatives shall not supervise one another and every effort will be made to assign relatives to separate crews, shifts or to different supervisors.

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9.7 Sexual Harassment

It is the intent of the City that all employees enjoy a work environment free from all forms of illegal discrimination and harassment, including sexual harassment. Any employee who is determined, after investigation, to have engaged in sexual harassment in violation of these Rules and Regulations or established policy, shall be subject to disciplinary action.

Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly

or implicitly a term or condition of an individual's employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

Any employee who may have experienced sexual harassment or who observes sexual harassment of another employee should report the incident directly to their Department Head or the Human Resources Manager for appropriate action. Further information is available through the City's Sexual Harassment Policy.

9.8 Conflicts of Interest

In addition to adhering to general standards of conduct for employees of any organization, public employees are expected to treat everyone they serve with complete impartiality and are prohibited from using their official position for personal profit or the profit of family and friends.

9.9 Political Activities

No employee shall participate in any political activity which would be in conflict or incompatible with the performance of his/her official functions and duties with the City.

It is a violation of this policy for any employee to engage in any activity which constitutes a conflict of interest under State law, including any violation of the following statutory provisions:

17‑A MRSA §456 Tampering with Public Records or Information

17‑A MRSA §602‑609 Bribery, Improper Influence, Purchase of Office, etc.

17‑A MRSA § 903 Misuse of Entrusted Property

30‑A MRSA § 2605 Conflicts of Interest

30‑A MRSA § 5122 Interest of Public Officials

Employees violating the above or related provisions of State law shall be subject to discipline under Section 6.8 of these Rules and Regulations, whether or not a criminal prosecution results. Employees wishing to obtain copies of the cited State Statutes should contact the City Solicitor's office.

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9.9.1 Solicitations and Handbills

No employee may use his official authority or position for the purpose of influencing or interfering with or affecting the results of any election, nor shall he/she solicit funds or contributions or accept or receive funds or contributions from City employees for political purposes. No City employee may distribute pamphlets or handbills, wear buttons or other indication of support for any particular candidate, political party, or political cause at any time while he/she is performing his/her official functions and duties with the City. This section does not prohibit any City employee from participating in the political process during off‑duty hours and in his/her capacity as a private citizen.

9.9.2. Political Office

Any otherwise eligible City employee may seek election to political office, except that of the Bangor City Council. From the date candidacy is announced or nomination papers filed and until completion of the election process, such employee shall not use any official City title, resources or work time for his/her campaign, nor shall the employee’s official influence, authority, or position be used to effect the results of the election.

Any such employee seeking political office shall first notify the City Manager for the purpose of receiving a determination of whether the employee’s City position and the political office sought conflict, or are otherwise incompatible. Among other relevant factors, the City Manager, after consultation with the Department Head, shall consider whether the position sought would be detrimental to the employee’s work performance or employment, or would create an operational or financial hardship to the city or Department, or would be in conflict with any provision of the City of Bangor Code of Ordinances.

If a determination of conflict or incompatibility is made by the City Manager, and the employee is subsequently elected to political office, such employee shall be placed on an unpaid leave of absence; (1) during the time in which he/she assumes and occupies the political office; or (2) for legislative service, when the body is in formal session or the employee is unavailable to fulfill City duties due to legislative service responsibilities.

If a determination of no conflict or incompatibility is made by the City Manager and the employee is subsequently elected to political office, such employee may continue to serve as an active City employee while holding political office.

9.9.3. Federal Hatch Act

All employees covered by restrictions of the Federal Hatch Act, which applies to those Departments receiving Federal funds, shall be subject to its provisions. Where such provisions are more restrictive than the provisions contained herein, such additional restrictions shall apply.

9.10 Weapons and Firearms

9.10.1 Except as may be specifically required as a condition or term of employment, no employee shall bring any weapon or firearm into any City building or facility.

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Appendix A

Summary of Revisions since March 31, 1997

Page 3 Section 2.3 Sexual Orientation

Added Sexual Orientation to Non-Discrimination

Effective 6-13-05

Page 5 Section 3.2.2 Part-time Employment

Added Section 3.2.2.1 Earned Time Off Benefit

Effective 7-1-02

Page 7 Section 4.1 Sexual Orientation

Added Sexual Orientation to Affirmative Action

Effective 6-13-05

Page 12 Section 5.6.2 Exempt Pay Plan

Administrative Leave Time Accrual and Earning Rates

Effective 1-1-07

Page 18 Section 6.8 Disciplinary Actions

Fair Labor Standards Act – Pay reduction for disciplinary actions (exempt employees).

Page 23 Section 7.2.1 Vacation

Accumulation of Annual Leave

Effective 1-1-07

Pages 25, 26 Section 7.5 Retirement Plan

MSRS withdrawal date effective 3-31-01

401 (a) Defined Contribution effective date 4-1-01

Page 27 Section 7.74 Dental Insurance

New benefit added July 1, 2000

Page 29 Section 7.10.1b Sick Leave

Deletion of the requirement to work six months before eligibility

Effective 1-1-07

Page 29 Section 7.10.1c Sick Leave

Additional permitted use of Sick Leave

Effective 7-1-02

Page 37 Section 9.5.3 Personal Vehicle Use

Mileage Stipend adjustments

Effective 1-1-07

Page 40 Section 9.9.2 Political Office

Revised Section Effective 3-25-02

Page 42 Revised Organizational Chart

Effective 05-07

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