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HomeMy WebLinkAbout00 141 Amended by No. 03-57 r e e e e THE MUNICIPALITY OF KINCARDINE CONSOLIDATED PERSONNEL BY-LAW AfY-LAW TO CONSOLIDATE AND ESTABLISH PERSONNEL POLICIES FOR EMPLOYEES OF THE MUNICIPALITY OF KINCARDINE First and Second Reading Third and Final Reading 25th day of October, 2000 8th day of November, 2000 Approved Date: November 8, 2000 e e - e CONSOLIDATED PERSONNEL BY-LAW TABLE OF CONTENTS Subiect Article No. Absence without Leave 32.0 Accidental Death & Dismemberment 13.0 Advancement 31.0 Amendments to By-law 38.0 Boot Allowance 15.5 Canada Pension Plan 10.1 Clothing and Equipment 15.0 Co-Op Students (Vacation Pay) 6.9 Co-Op Students (Paid Holidays) 7.6 Compassionate Leave 8.0 Complaint Procedure 22.0 Conferences and Conventions 17.0 Court Duty 29.0 Death Benefits 11.1{e) Definitions 1.1 Dental Benefits 11.3 Disciplinary Procedures 27.0 Effective Date of By-law 42.0 Employment Insurance 34.0 Employer Rights 2.0 Extended Health Care 11.2 Harassment Policy 2.6 Health and Safety 15.0 Hiring Procedures 24.0 Interpretation 1.0 Interview Procedures 26.0 Jury Duty 29.0 Leave of Absence 33.1 Lieu Time 4.0 Life Insurance 13.0 Long Term Disability 12.0 Approved Date: November 8, 2000 TABLE OF CONTENTS - Paae 2 Subiect Article No. e Medical Benefits 11.0 Medical Certificate 9.8 Meeting Allowance 20.0 Mileage, Private Vehicle 16.0 Name of By-law 41.0 Negotiation Procedures 37.0 New Positions 35.2 O.M.E.R.S 10.2 Overtime 4.0 Paid Holidays 7.0 Pay Equity 35.0 Pay Period 3.5 Pension Benefits 10.0 Pregnancy Leave 28.0 Private Vehicle Mileage 16.0 e Probationary Period 23.0 Reclassification 31.0 Recreation Board Employees 3.3 Regular Remuneration 3.0 Repeals 40.0 Replacement/Relief Pay 21.0 Reporting Absence 32.0 Restructuring (Municipal) 38.0 Retirement 10.3 Retroactive Pay 3.7 Shift Premium 18.0 Sick Leave 9.0 Staff Training 5.0 Stand-By Remuneration 19.0 Statutory Holidays 7.0 Step-up Pay 21.0 e Storm/Snow Policy 33.2 Student/Seasonal/Replacement Employees 3.2 Termination of Employment 36.0 Vacancies 25.0 Vacations 6.0 Vision Care Benefits 11.4 Workers Compensation 14.0 e Approved Date: November 8, 2000 TABLE OF CONTENTS - Paae 3 - "A" "B" "C" "D" "E" ¡IF" "G" "H" e "I" "J" "K" "L" SCHEDULES Current Pay Grades by Position Clothing Allowance Mileage Rate (Private Vehicle) All Non Regular Employee Wages Expense Allowances - Conferences/Conventions Management Employees Shift Premium Rates Stand-By Remuneration Harassment Policy Evaluation form - Management - Supervisory Evaluation form - Clerical - Secretarial Evaluation form - Inside/Outside Manual and Mechanical e e Approved Date: November 8, 2000 e e e e AMENDED/REPEALED BY AMENDED/REPEALED BY BYLAW NO. ;2.00"5 - ~7 BYlAW NO. .;l.OOf- Ji~ CATF ) H",.v 7. .200~ DATEn r;:erfe"'/"", -,G ';>.0/ TIlE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE AMENDED/REPEALED BY BYLAW NO. .;zOOI -I:Z 7 DATFn fu<?Mb,.., /2 dlcð' BY-LAW AMENDED/REPEALED fJf BYlAW NO. dOO"J '~c:.. DA~n h6".Jarv ¡qj J()t'I~ , NO. 2000-141 A BY-LAW TO CONSOLIDATE AND ESTABLISH PERSONNEL POLICIES FOR EMPLOYEES OF THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE, ITS BOARDS, COMMITTEES AND OTHER BODIES RECEIVING MUNICIPAL FUNDS, SAVE AND EXCEPT EMPLOYEES COVERED BY COLLECTIVE BARGAINING AGREEMENTS. NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1.0 INTERPRETATION AND DEFINITIONS 1.1 In this By-law: (a) "EmDlovee" means any person employed by of The Corporation of the Municipality of Kincardine and who receives remuneration for services provided. "Employee" does not include volunteers. (b) "Reaular Full time EmDlovee" means any employee who is employed for an indefinite period of time and has successfully completed his/her probationary period and is normally scheduled to work not less than 35 hours per week. . (c) "Reaular Part-time EmDlovee" means any employee who is employed to work for an undetermined duration, and has successfully completed hislher probationary period, on a regular year round basis. The hours of work are normally less than the standard workweek for the appropriate or comparable full-time classification. (d) "Probationarv EmDlovee" means any employee who is employed to a regular full-time and regular part-time position until such time as they have successfully completed all the requirements outlined in Section 23, Probation. (e) "TemDorarvlSeasonal EmDlovee" means any employee who has been employed to work for a specific period of time. The weekly or daily hours may vary within the maximum permissible under legislation. The total tenure of such a position shall not exceed one year. (f) "Contract EmDlovee" means any individual who agrees by means of an employment contract to provide services to the Corporation for a specific period of time for a set amount of remuneration. In no event will an employment contract be written for a period in excess of one year. Further, contract employees are entitled to no Corporate benefit coverages. Contract employees do not accrue or accumulate service/seniority with the Corporation. .../2 Approved Date: November 8, 2000 e BY-LAW NO. 2000-141 Page 2 (g) "Casual EmDloyee" - The term "Casual Employee" means any person who works on an irregular basis or on a call-in basis as required from time to time by the Corporation. (h) "EmDloyer" means The Corporation of the Municipality of Kincardine and does not include the Kincardine Hydro Electric Commission or BMTS/BMI or their successors. (i) ü) (k) (I) e (m) "MuniciDalitv" means The Corporation of the Municipality of Kincardine. "Council" means the Council for The Corporation of the Municipality of Kincardine. "OMERS" means the basic pension plan provided by the Ontario Municipal Employees Retirement System. "Day" shall mean seven hours for those employees employed on a 35- hour per week basis, and shall mean eight hours for those employees employed on a 40-hour per week basis. "Reaular earninas" shall mean the basic pay to an employee, and does not include overtime eamings, vacation pay, shift differential, stand-by pay, meeting allowance, bonuses, workers' compensation benefits, long term disability payments, or lump sum payments, but does include retroactive pay adjustments for basic salary. (n) "Immediate Family" means spouse, grandmother, grandfather, father, mother, brother,' sister, child or grandchild, stepparents, step brother/sister, step child, father-in-law or mother-in-law of the employee. Common law and same sex spouses shall be deemed to be spouses. (0) "Extended Family" includes the following members of the family, who are not part of the immediate family: sister-in-law, brother-in-law, aunt, uncle, niece, nephew. (p) "Contributorv earninas" for OMERS purposes shall be determined in accordance with OMERS regulations. . (q) "Senior manaaement emDloyees" means employees listed in Section A of Schedule "F" attached to and forming part of this by-law. (r) "Other manaaement emDloyees" means employees listed in Section B of Schedule "F" attached to and forming part of this by-law. (s) "Evenina meetinas" shall be meetings which commence after normal office hours or which commence during normal office hours but extend more than one-half hour beyond normal office hours. (t) e "Overtime" shall be in accordance with The Employment Standards Act. Except with regard to 44 hours of work before overtime applies. For the purposes of the Municipality of Kincardine regular full time employees overtime will consist of any authorized hours worked by an eligible employee in excess of 35 hours worked in a calendar week for a 35 hour per week employee or more than 40 worked hours in a calendar week for a 40 hour per week employee. Approved Date: November 8, 2000 e 1.2 2.0 2.1 BY-LAW NO. 2000-141 Page 3 In this by-law, words importing the male persons include female persons, words in the singular include the plural, and words in the plural include the singular, as the context requires. EMPLOYER RIGHTS The Council has and shall retain the exclusive right to manage the affairs of the Municipality. 2.2 The Council shall maintain order, discipline and efficiency. 2.3 The Council shall hire, discharge, direct, classify, transfer, promote, demote and suspend or otherwise discipline any employee. 2.4 The Council in exercising the aforesaid function shall do in accordance with the provisions of this by-law, and all applicable laws of the Province of Ontario and Dominion of Canada. e 2.5 Nothing in this by-law shall be construed as imposing any personal liability upon an individual who, from time to time, is an employee of the Municipality of Kincardine to administer policies of the Municipality of Kincardine. 2.6 The Municipality of Kincardine has a Harassment Policy in place, Schedule "I", which shall be strictly enforced by Council. All employees have the obligation to be acquainted with this policy and adhere to it. 3.0 REGULAR REMUNERATION 3.1 Employees shall receive remuneration for their position based on the pay grade assigned to their position, outlined on Schedule "A". Effective the 1st day of January annually, the salary ranges for each pay grade set out in Schedule "A" shall apply. 3.2 e Rates of pay for seasonal, summer student, and replacement employees shall be pursuant to Schedule "0" attached hereto and forming part of this by-law. This schedule shall not apply where regulations of the federal or provincial government specify wages of employees hired for programs sponsored by those agencies. 3.3 Each employee shall receive hislher pay on pay day; pay day being biweekly on Thursdays. For employees who receive an annual salary, their biweekly pay shall be determined by dividing their annual salary by the number of pay days in the particular year. e Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 4 3.4 The hourly rate for employees who receive an annual salary, shall be determined by dividing their annual salary by either 1,820 hour (35 hours per week employees) or 2,080 (40 hours per week employees). 3.5 The pay period for the Municipality shall commence at 12:01 a.m. on the Sunday of every other week. 3.6 Each employee shall be provided together with a pay cheque, an itemized statement of hislher salary, overtime, and any other supplementary pay and deductions. Subject to the approval of the administration, an employee may elect to have his/her pay deposited directly to hislher bank account in which case the employee will be provided with a statement of earnings and deductions. 3.7 All retroactive increases in wages and salaries as adopted shall be paid to the employees within four weeks of the date of the passage of the by-law adopting the salaries, if possible. Retroactive pay shall not be paid to employees who have terminated employment with the Municipality prior to the date of the passage of the by-law authorizing the retroactive increase. 4.0 OVERTIME. LIEU TIME 4.1 Overtime must be authorized in advance by the employee's supervisor, with exceptions as noted in the individual articles. 4.2 Employees should try to use up all accumulated overtime by the end of the calendar year. Overtime not used or paid by the year-end must have department head approval to carry forward into the next year. 4.3 Overtime records shall be kept by the department head, who shall, on a timely basis, accurately record overtime hours earned, paid out, or taken off in lieu of payment. 4.4 In certain circumstances, such as snow plowing, overtime may be required by the Municipality and this fact shall be reflected in the position's job description. 4.5 Shift premium shall not be paid in addition to overtime remuneration. 4.6 Overtime shall not be included for the purposes of calculating fringe benefit payments. 4.7 Call In Non-management employees are entitled to receive minimum overtime compensation of two hours at time and a half for called-in overtime; i.e. the employee has been called back to work from home. Overtime hours worked as the result of a call in, as an extension of normal working hours for the day shall receive overtime compensation or time off in lieu for each completed thirty (30) minute period worked by him. Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 5 4.8 Hours of Work (a) Regular workweek is normally 35 or 40 hours, depending upon the employee's job description. All overtime must be documented on the timesheets and note hours actually worked not hours to be paid. All overtime hours must be authorized by the employee's immediate supervisor in advance. The only exception to this rule is in the case of a working supervisor requiring staff for emergency situations; i.e. snowplowing, pump alarms, etc. Subject to the provisions of the Employment Standards Act, overtime shall either be paid at one and one-half times the employee's salary, or, with the consent of the employee, be taken in time off in lieu at the rate of one and one-half times. Employees are encouraged to take time in lieu of payment upon mutual consent of the employee and hislher supervisor. If the accumulated overtime has not been taken off in lieu, or scheduled to be taken off, by November 30th, the department head shall authorize a cash payout to the employee, which will be made by December 31st. Overtime accumulated between December 1st and December 31st may be carried over to the next fiscal year. (b) (c) (d) (e) (f) 4.9 Temporary and Part-Time Emplovees (includes seasonal and students) (a) Overtime shall only be accumulated if the employee works more than 44 hours in one week. (b) Overtime accumulated by temporary and part-time employees shall be in unusual situations. (c) All overtime shall be documented on the weekly timesheets and note hours actually worked not hours to be paid. (d) All overtime hours must be authorized by the employee's immediate supervisor in advance. (e) Overtime shall be paid, or with the consent of the employee, taken off in lieu at time and one-half within one week. It is the supervisor's responsibility to schedule time off in lieu if the employee wishes compensation in this manner. In the event that the supervisor neglects to do so, the employee shall receive a cash payout of accumulated overtime. 4.10 Other Manaaement Emplovees (a) This section applies to employees designated as other management employees in Section B of Schedule "F" attached to and forming part of this by-law. (b) The Municipality will endeavour to provide adequate resources to enable each department to meet the objectives and level of service required by the Council without excessive overtime being incurred. Management employees are expected to manage the resources of their department and their own time using proper delegation, time management and other management principles, in order to meet the objectives and level of service established by the Council without incurring excessive overtime. Approved Date: November 8, 2000 e e e ,e BY-LAW NO. 2000-141 Page 6 4.10 (c) These "other management" employees will be subject to terms of Section 4 with regards to overtime. (d) Other managemeníemployees shall, on a regular basis, keep the Chief Administrative Officer informed of excessive workloads or unyielding deadlines which may cause overtime in order that alternate solutions may be investigated, while ensuring that the objectives and level of service required by the Council be maintained. (e) The Chief Administrative Officer shall be required to report to the Committee of the Whole on the subject of his overtime in the same manner as the other management employees do to the Chief Administrative Officer. (f) Management employees are, by virtue of their position, required to work irregular or extra hours, etc. 4.11 Senior Manaaement Emplovees (a) This section applies to employees designated as senior management employees in Section A of Schedule "F" attached to and forming part of this by-law. (b) The Municipality will endeavour to provide adequate resources to enable each department to meet the objectives and level of service required by the Council without excessive overtime being incurred. Management employees are expected to manage the resources of their department and their own time using proper delegation, time management and other management principles, in order to meet the objectives and level of service established by the Council without incurring excessive overtime. (c) Senior management employees will be subject to the overtime policy listed in Schedule "F" of this by-law. (d) Senior management employees shall, on a regular basis, keep the Chief Administrative Officer informed of excessive workloads or unyielding deadlines which may cause overtime in order that alternate solutions may be investigated, while ensuring that the objectives and level of service required by the Council be maintained. (e) The Chief Administrative Officer shall be required to report to the Committee of the Whole on the subject of his overtime in the same manner as the other management employees do to the Chief Administrative Officer. (f) Senior management employees are, by virtue of their position, required to work irregular or extra hours, etc. 5.0 STAFF TRAINING 5.1 Employees shall be provided with the training necessary to carry out their tasks in a safe and efficient manner. Department heads may, within their approved budgets, schedule employees for specific training. The Municipality shall cover 100% (one hundred percent) of the tuition costs for any courses required by the Municipality. For employees required to take technical courses of a short duration (five days or less), the Municipality will pay 100% of tuition, accommodation, and meal expenses and shall pay travel expenses pursuant to the travel policy. The CAO or Deputy CAO/Oeputy Clerk are authorized to approve paid travel time for training functions that are mandated by the Municipality. Approved Date: November 8, 2000 . e e e e BY-LAW NO. 2000-141 Page 7 5.2 Employee wishing to receive an advance to cover eligible expenses may make a written itemized request and the department head may authorize an advance up to 85% of eligible expenses. The employee on return must file an expense report showing eligible expenses paid less the advance. (no travel time before normal hours) It is agreed to pay claims for advances or expense claims within 7 days of Accounts Payable receiving a proper completed and authorized form (by manual cheque if necessary). 6.0 6.1 VACATIONS Annual vacation categories for all regular full-time and regular part-time employees shall be eamed before being taken. Vacation earned in one calendar year shall be taken in the following calendar year. Vacations are earned as follows: (a) During the first year, if less than 12 months worked, the vacation earned will be calculated as one day for each full month worked to a maximum of 10 days. An employee may take up to one week earned vacation during the 1$ year of hire but this will reduce the earned vacation available in the 2nd calendar year. (b) After the first calendar year, the vacation entitlement will be earned at the rate of ten (10) daIs per full calendar year worked (or 4% of salary), until the employee's 3' anniversary date. (Anniversary date to be calculated based on the date of hire). (c) From the 3rd anniversary date until the day prior to the 9th anniversary date, the vacation entitlement will be fifteen (15) vacation days per full calendar year worked (or 6% of salary). (d) From the 9th anniversary date until the day prior to the 18th anniversary date, the vacation entitlement will be twenty (20) vacation days per full calendar year worked (or 8% of salary). (e) From the 18th anniversary date until the day prior to the 25th anniversary date, the vacation entitlement will be twenty-five (25) vacation days per full calendar year worked (or 10% of salary). (f) From the 25th anniversary date onward, the vacation entitlement will be thirty (30) vacation days per full calendar year worked (or 12% of salary). All vacation days shall be paid at the employee's regular weekly earnings, not including overtime, replacement payor any other payment{s), for the vacation period. Part-time employee's vacation payment shall be paid a percentage of each pay or they can request an option for a vacation period and pay calculated based on their earnings of the previous year multiplied by the percentage indicated on the category, which they have reached. 6.2 Casual employee's vacation payment shall be 4%, paid each pay. 6.3 The 3rd, 9th, 18th and 25th anniversary dates will be used as the effective date to determine when the extra week or the percentage becomes effective. 6.4 Employees shall request vacation approval from their supervisor at least fourteen days in advance of vacation and shall do so on the form provided by the Municipality. 6.5 Vacation shall be approved by the department head as they are received. The department head shall determine the number of employees who will be on vacation at anyone time. Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 8 6.6 Vacations shall not be cumulative from year to year. However, a maximum 5- day year-end carry over may be approved by the department head, in the case of a department head by the Chief Administrative Officer, and in the case of a department head not under the jurisdiction of the Chief Administrative Officer, by the supervising committee or board. 6.7 Employees with more than one year of service shall not draw pay in lieu of vacation except under special circumstances, which must be authorized by resolution of Council. 6.8 Vacation benefits for temporary or casual employees shall be pursuant to the Employment Standards Act. Co-operative education students employed by the Municipality shall receive the same vacation entitlement as granted to temporary employees under the Employment Standards Act. 6.9 When a regular full-time or regular part-time employee has their employment terminated, compensation for accumulated vacation shall be calculated based on the unused vacation as of the date of termination. The payment will be done as per the Employment Standards Act or using the rates in this by-law whichever is higher. 7.0 PAID HOLIDAYS 7.1 All regular full-time and regular part-time employees shall receive the following holidays with pay: (a) New Year's Day (g) Labour Day (b) Good Friday (h) Thanksgiving Day (c) Easter Monday (i) Christmas Day (d) Victoria Day (j) Boxing Day (e) Canada Day (k) One floating holiday (f) August Civic Holiday and any other day which is proclaimed as a public holiday by the federal or provincial governments. Any regular full-time and regular part-time employee required to work on Christmas Day will be paid double time. 7.2 Where any of the holidays noted in 7.1 fall on a Saturday or Sunday, the preceding Friday or the succeeding Monday shall be designated by Council Resolution, as a holiday in lieu of the holiday falling on these days, excepting shift employees, who shall receive another day in lieu, or one day's pay for employees (7 hours for employees working 35 hours per week or 8 hours for employees working 40 hours per week). 7.3 To be eligible for a floating holiday the employee must be working to claim the floating holiday (can not be claimed if the employee is on sick leave). The floating holiday may be taken at any time during the year, with the consent of the employee's supervisor. 7.4 Where any of the paid holidays occur during an employee's vacation period, an additional vacation day shall be granted to the employee. That day shall be at the discretion of the department head. 7.5 Where any of the above holidays occur during an illness, that day of absence shall not be charged against the employee's sick leave credits. 7.6 All temporary part-time and casual employees shall receive payment for public holidays pursuant to the Employment Standards Act. (a) New Year's Day (b) Good Friday (c) Victoria Day (d) Canada Day (e) Labour Day (f) Thanksgiving Day (g) Christmas Day (h) Boxing Day Approved Date: November 8, 2000 BY-LAW NO. 2000-141 Page 9 e 8.0 COMPASSIONATE LEAVE 8.1 All regular full-time employees shall be allowed up to a maximum of three (3) working days off with pay for compassionate leave due to the death of an "immediate family member". 8.2 Additional days off for extenuating circumstances (i.e. prohibitive travelling distance) shall be granted at the discretion of the department head, to a maximum of five (5) days without pay. 8.3 All regular full-time employees shall be allowed a maximum of one paid working day off to attend the funeral of an "extended family member". e e e 8.4 Part time, casual and seasonal employees shall be paid for an equivalent number days off. The payment to be calculated on the same basis as a statutory holiday under the Employment Standards Act. 9.0 SICK LEAVE 9.1 Every regular full-time employee shall be entitled to accumulate sick leave at 1 1/2 days (7 hours or 8 hours) per month worked from date of hire at one hundred percent (100%) of salary (18 days per year). The earned sick leave shall be cumulative from year to year to a maximum of one hundred and eighty (180) working days. The maximum number of accumulated sick days for employees with more than 180 as at January 151, 2000 shall not increase, but shall decrease by usage until it falls below 180 whereupon the maximum of 180 shall apply. 9.2 Sick time is based on the monthly calculation in this section but shall only be actually calculated and reported to the individual employees and department heads and the Deputy CAO/Oeputy Clerk at the calendar year end, unless the employee requests the use of sick time and a calculation has to be done to see if the employee is eligible for the request. The year-end report to employees will be done by payroll by mid-March the following calendar year. 9.3 Grandfather provisions shall apply to employees who had more the 180 sick time accumulated at January 1, 1999. These employees shall be allowed (grandfathered) to retain the higher number of accumulated days subject to the following. If at the end of any calendar year end when the yearly total accumulated earned days less used sick days are netted and a negative result occurs, then the grandfathered amount shall be lowered by the negative net result until the grandfathered total falls to the maximum 180 days. Once a grandfathered number of sick days is reduced (the result of a year-end calculation) it shall not increase above the newly calculated number of grandfathered sick leave days unless the total goes below 180 and then the maximum of 180 days will apply in the future for that employee. 9.4 New hired full time employees shall be credited with the first four months of sick leave allowance (or 6 days) but have to earn these over the first 4 months of employment. So new hires will at the end of 4 months have a sick leave credit of (4 months X 1 1/2 days) seven days less any used sick days and this total will stand to the employees credit and be used as part of the year-end calculation of sick time at 1 1/2 days per month. Regular part-time employees shall receive sick leave credits pro-rated against the regular full-time employee entitlement based on the percentage of hours worked in the previous year. For example, a regular part-time employee who, in the previous year, worked 1,095 hours compared to that of a regular full-time employee would be entitled to 56% (fifty-six percent) of the regular full-time employee's sick leave allotment (1,095 divided by 1,957), or 18 paid sick days in Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 10 the following year (18 X 56%). For the purposes of this calculation, a regular full- time employee is deemed to work 1,957 hours per year, and the sick leave credits shall be rounded to the nearest half-day. 9.6 There shall be no sick leave remuneration for absence caused by accident or illness for which an employee is receiving Workplace Safety and Insurance Board benefits. 9.7 No credit shall be given to an employee in any month who is absent from duty in that month for more than eleven (11) working days for any reason other than vacation or a Workplace Safety and Insurance Board claim. 9.8 A department head may require a medical certificate after three days' absence if an employee is away. The certificate by a duly qualified medical practitioner certifying to the inability of the employee to attend work, and if the sickness continues from time to time thereafter, as the Municipality requires. Failure to provide requested medical certificate could result in no pay for the period of absence. The Municipality shall reimburse the employee for the cost of obtaining such certificates. 9.9 Employees, upon termination, shall receive no credit or remuneration for unused accumulated sick leave, with the exception of those employees qualifying under Section 9.10 below. 9.10 Effective the ¡th day of May 1981, there shall be no payment of accumulated sick leave for those employees who, have not completed five (5) years of continuous service. For those employees having five (5) years of service or more prior to the ¡th day of May, 1981, they will receive ~ay equal to 50% (fifty percent) of the number of accumulated days up to the 7 day of May 1981, paid on termination or retirement at the rate of pay he or she is receiving at the time of termination or retirement. The payment shall be charged against the Sick Leave Reserve established by the Municipality of Kincardine. 9.11 Where an employee has accumulated sick leave credits; he/she shall be entitled to use sick time for the purpose of the employee attending medical or dental appointments. The employee must advise his or her supervisor in advance of the appointment. Time used for appointment must be noted as appointment on the timesheet. Appointment time will be deducted from sick time. 9.12 Illness while on Vacation An employee who becomes ill while on vacation shall not be placed on sick leave unless hospitalized or confined to residence by doctor's orders. Under exceptional circumstances in case of serious illness, sick leave may be granted at the discretion of the Chief Administrative Officer. The employee would then be entitled to the unused portion of hislher vacation after recovery from the illness. Minor illnesses and injuries may cause some degree of discomfort or disability to an employee while on vacation. Yet for the most part, these do not necessitate complete removal from the vacation setting or loss of the beneficial effects of the holiday. However, when an employee on vacation becomes seriously ill or injured, he or she should be entitled to sick leave based upon medical evidence. The decision to transfer from vacation to sick leave must be based on reliable medical evidence and made by the Chief Administrative Officer on a physician's advice. All cases of requests for such consideration must be referred to the Chief Administrative Officer without exception. An employee may appeal the Chief Administrative Officer's decision to the committee of the whole. The committee of the whole, in camera, shall deal with appeals to the Chief Administrative Officer's decision, and the committee of the whole's decision shall be final. Approved Date: November 8, 2000 e BY-LAW NO. 2000-141 Page 11 10.0 PENSION BENEFITS AND RETIREMENT 10.1 Canada Pension Plan deductions are made from all employees up to the maximum amount required conforming to the provisions of the Canada Pension Plan. The employer shall make such matching contributions as required under the Canada Pension Plan. 10.2 All regular full-time employees shall, upon hiring, be enrolled in the Ontario Municipal Employees Retirement System (OMERS). The Municipality shall deduct from all employees' pay the contributions required by the Plan, and the Municipality will make such contributions on the employees' behalf as required by the Plan and Regulations. All provisions of the OMERS Act shall apply with respect to transfers, payments, etc. 10.3 Exceptions - Any employee, who elected prior to 1999 to participate in employer shared RRSP in lieu of OMERS may continue with the RRSP instead of OMERS. They will have the option to change to our OMERS plan if they request to do so. Normal retirement age is sixty-five (65). Employees shall retire at the end of the month following his or her sixty-fifth birthday. Part-time and casual employees may join the OMERS pension plan if they so desire, provided that the eligibility requirements of OMERS are met. 10.4 e 10.5 10.6 e e 11.0 11.1 Employees may choose to have payroll deductions to purchase CSB's or to make contributions to their personal RRSP's. MEDICAL BENEFITS General (a) The Municipality of Kincardine reserves the right to select the insurance carrier for medical benefits. In all cases, the sole obligation of the Municipality is to pay the premiums required by the plan{s). Any disputes regarding the administration of the plan or payment of benefits lie between the employee and the insurance carrier. The employer (Human Resource Officer) will act as a resource to assist employees in areas of dispute. (b) Medical benefits are optional with each employee and not a condition of employment, where they are already otherwise covered. (c) Regular part-time employees shall be entitled to all extended health care, vision care, and dental benefits provided to regular full-time employees, provided they meet the insurance carrier eligibility requirements. However, the portion of the premium paid by the Municipality shall be pro-rated against a regular full-time employee's entitlement based on the percentage of hours worked in the previous year. For example, if the Municipality pays 100% of the premium cost for a regular full-time employee, a regular part-time employee who worked 1,095 hours in the previous year will pay 56% of the premium (1 ,095 divided by 1,957 hours). For the purposes of this calculation, a regular full-time employee is deemed to work 1,957 hours per year. The cost of the employee's share of benefits shall be deducted from the employee's pay cheque. In the event the employee pay is not sufficient to cover costs, the employee will be billed. If bills are not paid in 30 days the employee may terminate coverage. (d) Coverage commences on the first date of employment. (e) In the event that a regular full-time employee dies while employed by the Municipality, the Municipality shall continue to pay extended health care, vision plan, and dental plan premiums on behalf of that employee's dependants for a period of two (2) years from the date of the employee's Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 12 death, provided the employee's share of the premiums is remitted to the Municipality. This section shall not apply if the insurance company in effect at the time does not offer this benefit as an option. (f) Employees who have reached the age of 55, have been continuously employed by the Municipality of Kincardine for a minimum of ten (10) years, and elect to take early retirement, may continue on the Municipality's medical benefit plan from the date of early retirement until age 65, provided the employee pays the full premium cost of the benefits (both Municipality and employee shares). 11.2 Extended Health Care (a) The Municipality shall pay 100% (one hundred percent) of the billed premium cost for an extended health care plan for full-time employees. (b) Extended health care benefits include private and semi-private hospitalization, drugs that require a physician's prescription, and other services or supplies administered by, or ordered by a licensed physician or medical practitioner as provided by the insurance company in effect. Particulars of the benefit plan are outlined in the insurance company's handbook to employees and are subject to the provisions of the insurance plan documents. (c) Employees shall be reimbursed costs covered under the benefit pursuant to the applicable administrative policy in effect at the time. In some cases, an employee may be required to pay for the goods and services and be reimbursed following submission of a claim to the insurance company. 11.3 Dental Benefits (a) The dental benefit provided to the employee shall include 100% coverage for basic care, 80% coverage for restorative dental care, and 50% coverage for orthodontic care. The maximum benefit allowed shall be no less than $1,500 combined maximum on basic and restoration benefits for each individual of the employee's family in a calendar year, and at least $1,500 maximum for orthodontic treatment and appliances for each individual of the employee's family for the duration of coverage. (b) For services provided under basic care, restorative care and orthodontic care, refer to the employee handbook provided by the insurance company. (c) The Municipality of Kincardine shall pay 75% of the billed premium cost of the plan for regular full-time employees. Employees will pay 25% of the premium cost, and shall have those costs deducted from their pay cheques. Premiums and benefits shall be based on the Ontario Dental Association fee schedule, which is one year behind the year in which the service is provided. Any disputes regarding the administration of the plan or payment of benefits lie between the employee and the insurance carrier. Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 13 11.4 Vision Care (a) The maximum benefit for any employee or anyone of his/her dependents shall be no less than $200, during any two consecutive calendar years for adults and every one calendar year for dependent children. (b) The Municipality of Kincardine shall pay 75% of the billed premium cost of the plan for regular full-time employees. Employees shall pay 25% of the premium cost of the plan and such premium shall be deducted from the employee's pay cheques. Any disputes regarding administration of the plan or payment of benefits lie between the employee and the insurance carrier. 12.0 LONG TERM DISABILITY 12.1 Long-term disability shall be provided to all regular full-time employees under the age of 65 and coverage commences on the first date of employment. 12.2 The Municipality of Kincardine reserves the right to select the insurance carrier. Any disputes regarding the administration of the plan or payment of benefits lie between the employee and the insurance carrier. 12.3 The long-term disability benefit shall be 70% of basic monthly earnings. Payments commence following a minimum four-month waiting period calculated from last day worked. Employees may use their accumulated sick leave prior to commencing long term disability. Calculation of payments shall be made by the insurance company pursuant to its own rules and regulations. 12.4 Eligibility for long-term disability benefits shall be determined by the insurance company. A two year "own occupation" benefit shall be provided if offered by the insurance company. 12.5 The first year that an employee is absent for any reason, other than employment termination, they will have the option to continue coverage provided that the employee pays all of the premiums. Employees on long-term disability as at the date of the passage of this by-law shall enjoy employment status as agreed between the Municipality and the employee when the employee commenced receiving long-term disability benefits. 12.6 The Municipality shall pay 100% of the billed premium for long term disability plan. 13.0 LIFE INSURANCE. ACCIDENTAL DEATH AND DISMEMBERMENT CA. D. & D) 13.1 Life insurance shall be provided to all regular full-time employees equal to 200% of basic annual eamings rounded to the next higher $1,000, with a maximum of $150,000. The benefit shall be provided commencing on the first date of employment. 13.2 The Municipality reserves the right to select the insurance carrier. Any disputes regarding the administration of the plan or payment of benefits lie between the employee and the insurance carrier. 13.3 Accidental death and dismemberment (A.D.&O.) shall be 200% of basic annual earnings rounded to the next higher $1,000, with a maximum $150,000. 13.4 A.O.&O. insurance for loss of or loss of use of certain bodily functions shall be pursuant to the schedule provided by the insurance company. 13.5 An employee may choose to have dependent coverage equal to $5,000 for the death of a spouse and $2,500 for the death of a child. Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 14 13.6 The Municipality of Kincardine shall pay 100% of the billed premium cost for life, A.D.&D., and dependent life insurance coverage for regular full-time employees. 14.0 WORKPLACE SAFETY AND INSURANCE BOARD (WSlm 14.1 Employees must report injuries to his supervisor or designate immediately following such injury. Failure to report may result in no compensation payment. In the event that the Municipality is fined by WSIB for an employee's failure to report an accident, the employee shall be subject to discipline, which will, at a minimum, require the employee to pay the penalty, assessed by WSIB. 14.2 Employees approved for Workplace Safety Insurance Board payments shall not receive his or her regular salary during that period, and shall receive Workplace Safety Insurance Board payments pursuant to rules and regulations prescribed by the Workplace Safety Insurance Board. 14.3 Where an employee has been injured arising out of and while in the course of his employment for the Municipality of Kincardine and has made a claim for benefits from the Workplace Safety Insurance Board, normal payment of salary shall cease (see 14.2). If a delay of more than 15 days after the employee's last pay cheque occurs, an advance of up to 75% of the employee's net pay can be approved by the Chief Administrative Officer. The Chief Administrative Officer shall determine eligibility re work-related injury, etc. If not approved, the employee may appeal to the committee of the whole, in camera. The committee of the whole's decision shall be final. Any such advances must be repaid by the employee when he is compensated by the Workplace Safety Insurance Board. If the claim is not approved by the Board, the employee must reimburse the Municipality any funds advanced. 14.4 Employees off work and receiving WSIB benefits shall receive all other benefits as would normally be received had the employee been at work, until retirement, unless stipulated otherwise in this by-law, provided the employee pays his/her share of the applicable premiums. 15.0 HEALTH AND SAFETY/CLOTHING AND EQUIPMENT 15.1 The health and safety of employees is of primary importance to management and its goal is the prevention of accidents, occupational illnesses and workplace injuries. 15.2 Management accepts its responsibility to inform employees of known hazards and to develop effective standards for protecting the health and safety of employees and the Municipality. 15.3 Each manager and supervisor is responsible and held accountable for providing a safe and healthy work environment for employees, controlling hazards by using well-designed processes, equipment, training and programs. 15.4 Each employee shares with management the responsibility for preventing accidents, occupational illnesses and injuries. Employees must wear all protective equipment, which has been provided to them. 15.5 The Municipality of Kincardine shall provide a safety boot allowance to the employees who require safety boots, as determined by the department head, to a maximum of: · $140.00 per year for regular full time employees not receiving clothing allowance (see Schedule B). · $125.00 per year for employees who are not full time. · Employees listed as receiving clothing allowance in Schedule B could use any unused clothing allowance balance on boots {up to $250.00 for regular Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 15 full-time employees and $125.00 for employees not full time). Boot allowance will form part of yearly clothing expenditure. 15.6 Boot allowance payment shall only be made once per year and only upon receipt of a bill of sale for CSA approved safety boots. If no boots are purchased, no boot allowance shall be paid. 15.7 The Municipality of Kincardine reserves the right to require any employee to wear certain protective clothing and the Municipality shall be responsible for either providing the clothing or reimbursing the employee for the purchase of such protective clothing, providing the employee submits evidence of payment (for details on clothes policy see Schedule "B"). 16.0 PRIVATE VEHICLE MILEAGE 16.1 When duly authorized by the department head, any employee that is required to use his own vehicle for Municipality use, shall be paid at the current rate set by the Municipality or be reimbursed expenses from another source. The employee may elect only one source for reimbursement. The current rate is attached as Schedule "C" attached to and forming part of this by-law. 16.2 The Municipality shall carry non-owned automobile liability insurance with a contractual extension. Such insurance shall provide excess liability insurance over and above the employee's own liability insurance in the event an accident occurs while the employee is operating his own vehicle on Municipality business. 16.3 No mileage is to be paid to report to or from a work site in the Municipality. If required to change work sites during the day, the employer is to provide transportation or pay mileage to reallocate to another site. 17.0 CONFERENCES AND CONVENTIONS 17.1 Employees authorized to attend conferences and conventions shall receive expenses as outlined on Schedule "E" attached to and forming part of this by- law. All submitted expenses, except for meals, must be substantiated with receipts. 18.0 SHIFT PREMIUM 18.1 All regular employees that are shift workers shall be paid shift differential pursuant to Schedule "G" attached to and forming part of this by-law. 18.2 Shift differential shall not be paid for hours worked as outlined on Schedule "G" if those hours are worked as part of a summer schedule enabling employees to work longer hours during the week in order to take time off in lieu of those hours. 19.0 STAND-BY REMUNERATION 19.1 Regular full or part-time employees entitled to remuneration for stand-by duty shall be remunerated pursuant to Schedule "H" attached to and forming part of this by-law. 20.0 MEETING ALLOWANCE 20.1 For those regular full time employees required to attend meetings to record minutes, the overtime payment policy will apply. 20.2 Senior Management employees and Management employees designated by the Chief Administrative Officer shall be entitled to remuneration for meetings attended pursuant to Schedule "F" attached to and forming part of this by-law. Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 16 21.0 REPLACEMENT/RELIEF PAY AND STEP-UP PAY 21.1 When a regular employee is assigned by his supervisor to perform all of the duties of a position, other than his own, which has a pay grade higher than his own for a period of at least one day, he shall be entitled to step-up pay that is equivalent to: The pay grade of the position that he is filling at his current step to a maximum increase of 15% higher than current rate. Step-up pay shall commence on the first hour worked. 21.2 When a regular employee is absent, due to sickness, vacation or any other reason and another employee is assigned to replace the absent employee, the step up pay as per Section 21.1 shall apply from the first day worked. 21.3 This policy will not apply to senior managers. 22.0 EMPLOYEE COMPLAINT PROCEDURE 22.1 With the exception of such matters as are governed by the regulations made under provincial legislation, any employee complaint shall be dealt with as follows: STEP ONE: (a) Employee whose supervisor is a department head or lower: i) If an employee has a complaint, it must first be discussed with the supervisor. If the employee feels it has not been resolved to his/her satisfaction by discussion with his/her supervisor, the employee must put the complaint in writing to the supervisor, who must reply in writing within five (5) working days. If not resolved, then the employee, without fear of recrimination, will discuss the complaint with hislher department head who shall document the discussion, with a copy sent to the Deputy CAO. If still not resolved, the complaint must be put in writing to the department head. The department head must reply in writing to the complainant within five (5) working days and shall document the discussion with a copy to the Deputy CAOlDeputy Clerk. The department head may, in some cases, be the employee's direct supervisor. ii) If the complaint is still not resolved at the above step a{i), the employee may provide a written complaint to the Deputy CAO/Oeputy Clerk, who must reply in writing within five (5) working days. (b) Employee whose supervisor is the Chief Administrative Officer (i.e. certain department heads): The employee may discuss hislher complaint with the Chief Administrative Officer and the CAO shall document the discussion. If not resolved to the employee's satisfaction, the employee must put his complaint in writing to the CAO, who must reply in writing within five (5) working days with a copy to the Deputy CAO/Deputy Clerk. (c) If the Employee is the CAO: The CAO may discuss the complaint with the Human Resources Committee and the Human Resources Committee shall document the discussion. If not resolved to the CAO's satisfaction, the CAO must put Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 17 his complaint in writing to the Human Resources Committee, who must reply within ten (10) working days with a copy to the Deputy CAOlDeputy Clerk. STEP TWO: Failing a satisfactory settlement of the complaint at the end of Step One, the employee (except CAO) , without fear of recrimination, may within three (3) working days submit the complaint in writing in full detail to the Human Resources Committee of the Municipality of Kincardine, via the Deputy CAOlDeputy Clerk. STEP THREE: The written complaint shall be placed on the confidential agenda of the next Human Resources Committee meeting and the department head and Chief Administrative Officer shall be invited to attend. The employee concerned shall be invited to state his case, listen to the department head's reply, and then both the employee and his/her supervisor shall be required to withdraw. The department head, and the Chief Administrative Officer if the complainant is under his direct supervision, shall also be required to withdraw. STEP FOUR: The Human Resources Committee shall then consider the case and on reaching a decision, so notify the complainant in writing, with a copy to the department head and Chief Administrative Officer. The committee may defer a decision at its option to obtain additional information, but must render its decision within fourteen (14) working days. The Human Resources Committee, at its option, may: i) refuse to hear a frivolous complaint; ii) appoint third party to hear the complaint and to render an opinion on it for submission. STEP FIVE: If the employee is not satisfied with the Human Resources Committee's decision, he/she may appeal to the Committee of the Whole, in closed session. The Committee of the Whole may hear further or additional representation before rendering its decision, which it shall do in writing within fourteen (14) working days, with a copy to the department head and Chief Administrative Officer. The Committee of the Whole, at its option, may: i) refuse to hear a frivolous complaint; ii) appoint third party to hear the complaint and to render an opinion on it for submission. 23.0 PROBATIONARY PERIOD 23.1 An employee shall be hired for a probationary period of six (6) months, unless otherwise stipulated or provided for in provincial or federal legislation. 23.2 During the probationary period, an evaluation shall be made by the employee's department head, who shall use this evaluation as a basis for recommending to the level of management responsible for hiring the employee cessation of the probationary period, continued probation, or termination of the employee. Approved Date: November 8, 2000 e e e e HIRING PROCEDURE The Council shall hire the Chief Administrative Officer and all department heads by by-law. Regular part-time and regular full-time staff shall be hired by resolution of Council, as per interview procedure, Section 26. All temporary staff shall be hired by the department head within their approved budgets. Department heads shall provide hiring reports to Council as approved by the CAO and/or the Deputy CAO/Oeputy Clerk. 25.0 VACANCIES 25.1 Vacancies for all regular full-time and regular part-time positions in the Municipality of Kincardine shall be advertised internally. If a suitable candidate cannot be found internally, then the position shall be advertised externally through available channels. The employer has the right to advertise internal and extemal simultaneously. 25.2 Vacancies for temporary/seasonal positions shall be advertised in the local newspapers. 23.3 23.4 23.5 24.0 24.1 24.2 24.3 BY-LAW NO. 2000-141 Page 18 The employer reserves the right to waive or reduce probation period on hiring. Nothing in the provisions of Sections 23.1, 23.2 or 23.3 shall be interpreted to prevent the employee or the employer from terminating employment before the expiry date of the probationary period. Termination of employment may take place upon the initiative of either the employee or the Municipality. Where the Municipality terminates the employee's employment during the probationary period, no notice of termination or severance pay shall be provided except as required by the Employment Standards Act. 25.3 The employer wishes to ensure all vacancies are filled by the best-qualified candidates. The employer will consider existing qualified regular full time employees prior to considèring external candidates. Employees other than full time will be considered at the same time as external candidates for all regular full-time and regular part-time vacancies. 26.0 26.1 26.2 26.3 26.4 26.5 INTERVIEW PROCEDURES For the C.A.O. position, the interview team shall consist of the Mayor and the Human Resource Committee and an independent third party. For department head positions under the direct supervision of the C.A.O., the interview team shall consist of the Mayor, the Human Resource Committee, the C.A.O., and an independent third party. For supervisory positions, the interview team shall consist of the Human Resource Committee and the department head. For other full time positions, the interview team shall consist of the department head, the supervisor and the Deputy CAO/Oeputy Clerk. For part time and casual positions, the interview team shall consist of the department head and/or the supervisor. 26.6 All interviews shall include a minimum of two interviewers. 27. 0 DISCIPLINARY PROCEDURE 27.1 Disciplinary action should be corrective, not punitive. Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 19 27.2 When a situation arises where a supervisor feels that disciplinary action may be required, he/she shall gather all the facts and discuss them with the employee prior to instituting any disciplinary measures. 27.3 The Municipality shall follow the progressive disciplinary steps as outlined below: (a) The employee's immediate supervisor shall discuss the problem with the employee and shall give a verbal warning to the employee. This discussion shall be documented by the supervisor and, where the supervisor is below the department head level, shall be reported to the department head. (b) Where the supervisor is below the department head level and the infraction continues or is repeated, the matter shall be referred to the department head, who shall meet with the individual and take further disciplinary action if warranted in accordance with this by-law. (c) If further disciplinary action is required, a clear written waming from the department head shall be issued to the employee outlining the nature of the infraction, expected corrective action, and consequences if the employee fails to comply. A copy of this letter shall be filed in the employee's personnel file and copied to members of the Human Resource Committee. Any written response from the employee should also be retained in the personnel file. (d) If necessary, a second written warning shall be issued to the employee, indicating that this is a final waming before more serious consequences shall follow. The consequences shall include further disciplinary action up to and including dismissal from employment. A copy of this letter shall also be placed in the employee's personnel file, a copy provided to the Chief Administrative Officer, and to the appropriate committee or board. (e) If the employee does not meet the requirements set out in the letter, the department head shall meet with the appropriate committee and the Chief Administrative Officer (this group hereinafter referred to asllthe "management team") to determine further disciplinary action, which may include suspension without pay. The employee concerned shall not be in attendance at this portion of the meeting. Prior to a decision, the employee should be given the opportunity to speak to the committee. When a decision is reached, the employee shall be informed of the decision in writing, and the appropriate action taken immediately. The employee shall also be informed in writing that further disciplinary incidents shall lend to further disciplinary action up to and including dismissal from employment) and a copy of the written report should be filed in the personnel file. (f) If all of the above steps do not resolve the problem, the management team shall meet and, in consultation with a labour relation's solicitor, shall recommend an appropriate action to the management level responsible for hiring the employee (hereinafter referred to as the "hiring body"). Prior to the hiring body making a final decision, it shall give the employee (or his agent, or both) an opportunity to make representations before it. Following such representations, which shall be held in-camera, the hiring body shall render its decision, in writing, to the employee, within fourteen (14) working days. (g) In the event of an action by an employee which warrants immediate suspension or dismissal, Council may consider the matter immediately and take whatever action it considers appropriate. Discussion of the matter shall be held in-camera. Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 20 28.0 PREGNANCY AND/OR PARENTAL LEAVE 28.1 Requests for leave of absence without pay due to pregnancy and/or parental leave shall be granted in accordance with The Employment Standards Act. 28.2 The employee shall make written application to the head of hislher department requesting such leave at least two (2) weeks prior to the starting date of the leave. 28.3 When an employee is on pregnancy leave and/or parental leave, the Municipality shall continue to pay its share of health insurance, medical and supplementary benefit plans for the period of the leave provided the employee pays their share of the premium for such benefits. 29.0 JURY AND COURT DUTY 29.1 If an employee is required to serve on jury duty, or is subpoenaed as a witness, on a case in which he/she is not a named party, the Municipality shall pay the employee his full wages provided he/she turns over to the Municipality the amount received as compensation, if any, other than travelling allowance and further provided the employee reports for work when not required at court. 30.0 ANNUAL EMPLOYEE EVALUATION 30.1 An evaluation of each full or part-time employee's job performance shall be carried out each year. A new employee hired after July 1"' may be exempt from this process with the exception of the evaluation required after six months' probation or unless the terms of hiring make an exception. 30.2 Evaluations shall be in writing and completed by the employee's immediate supervisor. In the case of department heads not reporting to the C.A.O., the evaluation shall be completed as directed by an employee designated by the C.A.O. In the case of the C.A.O. evaluation it shall be completed by the Mayor and the Human Resource Committee. 30.3 The evaluation is to be completed prior to the calendar year end for each employee in the following manner: (i) Sufficiently before the completion date, the supervisor shall write down an evaluation of each employee's job performance under his jurisdiction, using the form appended to this by-law as Schedule "J", "K" or "L" attached to and forming part of this by-law, dependent upon the employee's status. He shall give one copy of the completed form to the employee for his perusal. (ii) Within one week of the receipt of his copy the employee shall meet with the supervisor to discuss the evaluation. This meeting shall be scheduled by the supervisor. The employee shall write his comments or complaints on the evaluation form and shall sign it. The employee's signature does not certify his agreement with this evaluation, but indicates that he has read it and discussed it with his supervisor. (iii) In the event of disagreement, the employee may follow the complaint procedure outlined in Section 22 of this by-law. (iv) A copy of the completed evaluation shall be provided to the employee. A sealed copy, marked "Confidential" shall be provided to the Deputy CAOlDeputy Clerk for filing in the employee's human resource file. Only the employee and the appropriate supervisor are to have access to the evaluation. Approved Date: November 8, 2000 e e e e BY·LAW NO. 2000-141 Page 21 (v) The supervisor shall provide to the Deputy CAO/Deputy Clerk the rating given to each of hislher employees. 31.0 EMPLOYEE ADVANCEMENT AND RECLASSIFICATION 31.1 Employees shall annually progress from one step to another within their position's pay grade on January 1st, provided the employee's performance evaluation is "satisfactory" or better. 31.2 A position's pay grade may be reviewed upon application to the CAO. who shall determine if a review is in order. If the applicant is dissatisfied with the C.A.O.'s decision, he/she has recourse to the complaint procedure outlined in this by-law. ABSENCE WITHOUT LEAVE/REPORTING ABSENCE An absence from work without the approval of the department head or his designate is considered absence without permission and may result in disciplinary action up to and including dismissal from employment. An employee shall not receive remuneration while absent without permission. An employee, after having exhausted hislher vacation allocation in a given year, may request days off without pay, which must be approved by the department head and CAO. 32.4 Employees are personally responsible for advising their supervisor or designate on each occasion necessitating an absence from duty due to illness or unforeseen circumstances. Employees must notify their supervisor or designate within two hours of their normal start time for work. 32.0 32.1 32.2 32.3 33.0 LEAVE OF ABSENCE 33.1 Council may grant leave of absence to any employee for personal reasons when such leave is in excess of one working week. Department heads may grant leave of absence to any employee for personal reasons for leaves of one working week or less. Employees absent or on approved leave of absence shall not be paid and shall not accumulate service or benefits while on leave. The employee will have the option to continue Health and Life Benefit if they agree to pay 100% of the premiums. 33.2 Any employee who is absent from work during normal working hours due to inclement weather shall not be paid for such time absent unless the work site is officially closed. However, the employee shall have the opportunity to make up such time and must do so within one month. The employee shall be paid for the make-up time at his normal rate of pay, which shall not be increased by overtime or shift differential. 34.0 EMPLOYMENT INSURANCE 34.1 Deductions shall be made from all employees' paycheques, as established by the Employment Insurance Commission. The Municipality shall pay its share as established by the Employment Insurance Commission. Approved Date: November 8, 2000 e e e e BY-LAW NO. 2000-141 Page 22 35.0 EQUAL PAY FOR WORK OF EQUAL VALUE (PAY EQUITY) 35.1 In 1994, through a compensation study, the Municipality of Kincardine has adopted an evaluation plan that encompasses pay equity. All positions in the same pay grade shall receive the same pay, regardless of whether the employee is male or female. 35.2 Before the Municipality of Kincardine Council will create a new position in the Municipality, or hire a person into a new position, the following action must be taken: (a) The responsible department head must submit a draft job description to the Chief Administrative Officer. (b) The Chief Administrative Officer shall review the job description and submit it to the Human Resource Committee. (c) The Human Resource Committee shall review the job description and make any changes deemed appropriate. The Chief Administrative Officer, Human Resource Committee and appropriate department head shall evaluate it based on the evaluation plan accepted in the 1994 compensation study. The criteria to be used for this evaluation is a separate document which is currently under review, and reference to it will be inserted when approved. (d) The Chief Administrative Officer shall prepare a by-law for consideration by Council together with a report setting out the relevant details of the evaluation and position. 36.0 TERMINATION OF EMPLOYMENT 36.1 (a) Unless specifically provided in his or her employment agreement, an employee may be dismissed for cause without notice. (b) Unless specifically provided in his or her employment agreement, the Municipality may terminate an employee's employment without cause upon the provision of reasonable notice or pay in lieu thereof. 36.2 An employee's termination date shall be his last day physically at work. Any monies owing to him for unused overtime, vacation, etc., shall be paid in cash on his last pay cheque. NEGOTIATION PROCESS The Human Resource Committee will negotiate on behalf of the Municipality and report to closed session of Council/Committee of the Whole to obtain authorization. The regular full and part-time non-management employees shall choose from amongst themselves a "negotiating committee", which shall consist of no more than five members, who shall be the liaison between the non-management employees and the Negotiating Committee of Council. An employee who sits on the Employee Negotiation Committee shall not be subject to discrimination by Council because of his/her involvement with the Employee Negotiation Committee. 37.3 Management employees, with the exception of the Chief Administrative Officer, shall form a separate negotiating group from those employees outlined in clause 37.2. 37.4 The Chief Administrative Officer shall negotiate separately with the Negotiating Committee of Council. 37.0 37.1 37.2 Approved Date: November 8, 2000 e e . 37.5 37.6 37.7 38.0 38.1 38.2 39.0 39.1 39.2 39.3 BY-LAW NO. 2000-141 Page 23 On or before October 1 st of the year prior to the year for which negotiations are being undertaken, the employee negotiating groups shall present to the Human Resource Committee, through the Deputy CAO/Oeputy Clerk, confidentially, in writing, their requests for salary and benefits for the following year. The Human Resource Committee shall then meet with the Committee of the Whole, in camera, and schedule meetings with the employee negotiating groups to discuss the requests. This negotiating process may require several meetings. It is the general intention of the Council to conclude the negotiating process prior to January 1st; however, in an election year this may be impossible, and the out-going Council may wish to leave the salary negotiations for the new Council to carry out. In this case, the employee groups shall be required to adjust to Council's schedule. Nothing in this section shall preclude the Council and employees from agreeing to a multi-year salary and benefit package. MUNICIPAL RESTRUCTURING It is understood that the issue of municipal restructuring may become important during the term of this by-law. The Municipality understands and appreciates that this is a real concern to employees. Any restructuring agreement, which is agreed to among municipalities should include provisions for employees. Employees shall be given an opportunity to meet and discuss severance packages. In the event that such a restructuring agreement is made during the term of this by-law, the Municipality agrees to re-open negotiations with the employees to discuss its implications. GENERAL PROVISIONS Employees, when requested, must submit a medical certificate, in accordance with the requirements of the Human Rights Code and the policies of the Human Rights Commission. All employees must report to either their immediate supervisor or the payroll department if any changes are made in their name, address, telephone number, marital status, dependent coverage, or change in beneficiary. This by-law shall not be amended without consultation with the employees affected by the amendment. 40.0 BY-LAW AND POLICY REPEALS 40.1 That the Town of Kincardine Personnel Policy By-Law #1998-68 be repealed and that this policy will supercede any prior policy of: a) former Village of Tiverton b) former Township of Kincardine c) former Township of Bruce d) former Town of Kincardine e) former Township of Kincardine-Bruce-Tiverton, or f) Municipality of Kincardine 41.0 41.1 e 42.0 42.1 that is in conflict with this policy. NAME OF BY-LAW This By-law shall be cited as the "2000 Consolidated Personnel By-law". EFFECTIVE DATE This by-law shall come into full force and effect on January 1, 2000. Approved Date: November 8, 2000 e e . e BY-LAW NO. 2000-141 Page 24 READ a FIRST and SECOND time the 25th day of October, 2000. READ a THIRD TIME and FINALLY PASSED this 8th day of November, 2000. ~~ Mayor Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "A" Municipality of Kincardine 2000 PAY GRADES AND PAY SCALES BY POSITION Job Title Pay Grade Level Step 5 Step 4 Step 3 Step 2 Step 1 CAO. 14 $71,750 $69,444 $67,138 $64,831 $62,525 Deputy CAO./Deputy/Clerk 13 Senior $66,625 $61,500 $59,194 $56,888 $54,581 Treasurer 12 Mgmt. $61,500 $59,194 $56,888 $54,581 $52,275 Manager/Public Works 12 Team $61,500 $59,194 $56,888 $54,581 $52,275 Clerk 11 $56,375 $54,325 $52,275 $50,225 $48,175 Recreation Director 10 $51,250 $49,456 $47,663 $45,869 $44,075 Fire Chief 10 $51,250 $49,456 $47,663 $45,869 $44,075 Chief Building Official 10 $51,250 $49,456 $47,663 $45,869 $44,075 Emergency Measures Coord 10 $51,250 $49,456 $47,663 $45,869 $44,075 Public Works Foreman 8 Super- $21.53 $20.91 $20.24 $19.63 $18.96 Water Chief Operator 8 VISOry $21.53 $20.91 $20.24 $19.63 $18.96 W aste- Water Chief Operator 8 Staff $21.53 $20.91 $20.24 $19.63 $18.96 Supvr. Revenue Services 7 $20.50 $19.99 $19.48 $18.96 $18.45 Supvr. Accounting Services 7 $20.50 $19.99 $19.48 $18.96 $18.45 Recreation Supervisor 6 $19.99 $19.48 $18.96 $18.45 $17.94 Pool Supervisor 6 $19.99 $19.48 $18.96 $18.45 $17.94 Mechanic 6 $19.99 $19.48 $18.96 $18.45 $17.94 Building Inspector (part time) 5 $19.22 $18.71 $18.19 $17.68 $17.17 Operator Water or Waste Water 5 $19.22 $18.71 $18.19 $17.68 $17.17 Lead Hand 4 $18.45 $17.94 $17.43 $16.91 $16.40 Executive Secretary 4 $18.45 $17.94 $17.43 $16.91 $16.40 Waste-Mgmt. Coordinator 4 Staff $18.45 $17.94 $17.43 $16.91 $16.40 Receptionist/Clerk/Typist 3 Support $17.17 $16.71 $16.25 $15.84 $15.38 Finance Clerk 3 $17.17 $16.71 $16.25 $15.84 $15.38 Machinery Operator 3 $17.17 $16.71 $16.25 $15.84 $15.38 Waste Maintainer 3 $17.17 $16.71 $16.25 $15.84 $15.38 Inside Maintainer 2 $16.40 $15.94 $15.48 $15.07 $14.61 Landfill Gate 2 $16.40 $15.94 $15.48 $15.07 $14.61 Custodian 1 $15.12 $14.71 $14.35 $13.99 $13.58 NOTES: 1) Receptionist/Clerk Typist category also includes: Public Works Secretary/Dispatcher Records/Clerk Typist Secretary Receptionist OPP 2) Finance Clerk category also includes: Payroll/Account Receivable Clerk Account Payable Clerk Revenue Clerk & Cashier 3) Contracted functions and volunteer fire department are not included in this wage schedule. Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "B" CLOTHING ALLOWANCE Effective Date: January 1, 2000 1. Public Works employees are given an annual clothing allowance of $250.00. This allowance applies to work related clothing only, and includes the purchase of safety work boots. Receipts must be submitted to the Manager of Public Works for approval and cost monitoring. 2. The following Public Work Employees, namely the mechanic and (5) five sewer maintenance workers are given an additional clothing allowance to provide for five pairs of coveralls per week. 3. Inside maintainers (in recreation department), are to receive the same clothing allowance as provided for Public Works employees outlined in #1 of this schedule. Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE"C" MILEAGE RATE (PRIVATE VEHICLE) Effective Date: January 1 , 2000 Rate: $0.32 cents per kilometer Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "0" ALL NON-REGULAR EMPLOYEE WAGES Effective Date: January 1, 2000 Students Shall receive minimum rates as per Employment Standards Act with the following exceptions. All Non-Rel!Ular Positions Seasonal Position Parks/Cemetery non-supervisory Parks/Cemetery supervisory $11.28 per hour $13.58 per hour Casual Position Casual (office) Casual Part -time Mechanic $13 .07 per hour $14.35 per hour Temporarv Employees A temporary employee shall be paid 15% less than Step 1 on the scale of the position being replaced, for the first six months. After six months, an increase to Step 1 will be granted if work is satisfactory. Crossing Guard $9.00 per hour $10.00 per hour Bar Tenders Recreation Department Staff Wages Fitness Instructors Babysitting Instructor Kindergym Instructor Special Needs Co-ordinator Playground Supervisor 1 st Year Playground Leader 2nd Year Playground Leader 3rd year Playground Leader 4 th Year Playground Leader $20.00 per class (class is 1 hr.) $10.25 per hour $12.25 per hour $ 8.50 per hour $ 7.00 per hour mInImUm wage minimum wage (over 18) $ 6.50 per hour (under 18) $ 6.90 per hour $ 6.95 per hour Pool Staff Wages Staff Training and Tote-room mInImUm wage Student Wages Junior Guard and maintenance Senior Guard and maintenance Head Guard $ 8.57 per hour Leader Instructor Instructor and 1 year experience $ 6.99 per hour $ 8.26 per hour $ 6.99 per hour $ 7.62 per hour $ 8.57 per hour Adult Wages Junior Guard and maintenance Senior Guard and maintenance Head Guard $10.65 per hour Leader Instructor Instructor and 1 year experience Instructor and 2 years experience Assistant Pool Supervisor $ 9.03 per hour $10.35 per hour $ 9.03 per hour $ 9.64 per hour $ 9.85 per hour $10.45 per hour $15.12 per hour Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "E" EXPENSE ALLOWANCES - CONFERENCES AND CONVENTIONS Effective Date: January 1, 2000 1. SalarylWages An employee's regular salary or wages will be paid for the working days of the conference or convention. No overtime salary will be paid for hours extended outside the employee's normal working day or for travelling time. 2. Meals At cost, to a maximum of $60.00 per day, ($30.00 - dinner, $20.00 - lunch and $10.00 - breakfast). Supplied meals are exempted. 3. Travel By air, if more economical. If not, by rail, bus or automobile. The rate per kilometre for use of own automobile will be pursuant to Schedule "C" attached to and forming part of this by-law. The corporation vehicle will be used when available. Every effort will be made to share rides. The least expensive mode of transportation available will be used. 4. Parking Parking fees will be reimbursed at cost, supported by receipts, while attending the conference or convention, 5. Taxi and Rental Vehicles Taxi fares or rental vehicles where the travelling arrangements make the use of this necessary. 6. Accommodation At cost, all approved accommodation charges. 7. Tips and Gratuities Reasonable tips and gratuities, at cost. 8. Extraordinary Expenses At cost only if subsequently approved by Councilor CAD. 9. Costs for Companion/Spouse The Municipality will not pay the costs incurred because of a spouse or companion accompanying an employee to an approved event unless prior approval has been given by the Councilor CAD. 10. Entertainment Expense Entertainment expenses must be previously approved by the appropriate committee or Council. Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "F" MANAGEMENT EMPLOYEES Effective Date: January 1 , 2000 a) Senior ManaQement The following senior managers are designated senior managers in consideration of their level of responsibility and duties. They are required to regularly put in extra hours outside regular hours to attend meetings and to fulfill the job requirements. CAD Deputy CAO/Deputy Clerk Clerk Treasurer Manager of Public Works Recreation Director These senior managers will receive no additional financial compensation to work the first 5 extra hours per week more than their normal workweek. However these employees will be granted one extra week vacation per year compensation for the requirement to work as many as 5 additional hours per week without additional financial reward. If these senior managers work more than 5 extra hours in any week they may bank the actual number of hours worked in excess of 5 hours and be allowed time off or paid compensation for these extra hours. The time off or compensation will be at straight time (e.g. one compensation hour for one hour worked). b) Other ManaQement Emplovees Fire Chief Chief Building Official Emergency Measures Coordinator Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE"G" SHIFT PREMIUMS RATES Effective Date: January 1 , 2000 Shift premium shall be paid at $0.40 cents per hour for all non-overtime hours worked outside regular hours for outside workers and 8:00 a.m. and 4:00 p.m. for Davidson Centre inside maintainers. Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE"H" STAND-BY REMUNERATION Effective Date: January 1 , 2000 a) Public Works/Roads Winter - The Road Supervisors are paid $60.00 per week standby from November 1 st to April 1 st. Winter - Two operators in each of the three wards are paid $40.00 per week standby from November 1 st to April 1 st. b) Water/Sewer A rotating schedule for sewer and water maintenance staff pays one employee for each division $60.00 per week year round. Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "I" HARASSMENT POLICY Every employee of the Municipality has a fundamental right to a work place free from harassment (derived from gender, race, religion, sexual orientation or any other identifying characteristic of the individuals makeup) by the employer, agent of the employer, elected official of the Municipality or by another employee. The Municipality is committed to providing a work place, which demonstrates mutual respect for one another as employees and individuals and is thereby free from harassment. Note: This policy is not meant to inhibit relationships based on mutual consent or normal social contact between employees. Further, specific comments with regard to work performance as part of regular job evaluations shall not be deemed to be harassing in nature rather they shall be construed as the supervisor's mandate to provide constructive criticism to his/her subordinates. Harassment shall be defined as any action, verbally or non-verbally conveyed to an individual that is known or ought reasonably to be known to be unwelcome to the receiver. ManaQement's Responsibility: Supervisors who are aware of, or who ought to be aware of harassment taking place in their work unit, must take appropriate action to stop it. Each supervisor shall receive each complaint at face value and the assumption shall be that the complainant believes that harassment is taking place. The supervisor shall inform the complainant of their options be they formal or informal in this regard including the possibility of notifying the police. Any supervisor who does not inform the complainant of their options or a supervisor, who does not investigate and take appropriate action in circumstances of this nature, shall be disciplined and may also be held liable under the Ontario Human Rights Code. Supervisors shall, upon receiving a complaint that is criminal in nature, notify the police immediately upon receiving the complaint. Employees' Responsibility: Every employee of the Municipality of Kincardine shall have the responsibility to ensure a workplace free from harassment. Employees who witness harassment have a responsibility to report their observations to a superior and/or to appropriately intervene on behalf of the victim. Any employee found to have engaged in any type of harassment shall be disciplined up to and including dismissal. ...2/ Approved Date: November 8, 2000 BY-LAW NO. 2000-141 - SCHEDULE "I" HARASSMENT POLICY - Page 2 Elected Officials. Responsibilitv: The assumption shall be made that members of Council are deemed to hold the same status as management employees with regard to this policy. COMPLAINT PROCEDURE The complaint procedure shall be pursuant to the Complaint Procedure contained in this By-law. FORMAL PROCEDURE FOR INVESTIGATION OF A COMPLAINT Every complainant shall be informed that there are formal or informal options available to him/her. If the complaint is criminal in nature the complainant shall be informed immediately that the matter is being referred to the police for investigation. Supervisors are encouraged to assist the employee by supporting the employee during any police investigation. Only the complainant may determine if the formal or informal procedure shall be followed, except in the case of a criminal matter. Should the complainant choose to have the complaint formally investigated the following shall apply. A written letter shall notify the accused harasser's supervisor that a formal complaint has been lodged. In the case of the C.AO. or a member of Council being the accused, any member of Council shall be notified. The onus shall then be on the member of Council to inform the other councillors of the accusation. The supervisor shall then notify his/her immediate superior that an investigation has been initiated. This procedure shall be followed by each supervisor informing his or her supervisor until written notification has been received by the C.AO. The immediate supervisor of the accused harasser shall then have ten working days to interview colleagues of the complainant and the accused harasser in order to determine the nature of the complaint, and the circumstances surrounding it. After the ten days have elapsed, the supervisor investigating will notify the complainant and the accused by written registered mail that a hearing will be held. Included in the letter shall be a caution advising both parties that legal counsel may be retained, by any and all parties interested in the matter. Such hearing shall be held within seven days after the completion of the investigation. ...3/ Approved Date: November 8, 2000 BY-LAW NO. 2000-141 - SCHEDULE "I" HARASSMENT POLICY - Page 3 HARASSMENT HEARING PROCEDURE Panel The hearing will be held in front of a panel of three. Included on the panel shall be one member of Council, one management employee and one non-management employee. The specific people shall be named by Council, with recommendations to be provided by the Chief Administrative Officer. One member of the panel shall act as chair and will run the hearing. The chair, as well as all members of the panel, may take notes during the hearing. In addition, a reporter shall be used to provide a verbatim transcript of the proceedings. Emplovees If one employee has retained counsel for the hearing, both should. It IS not appropriate for the Municipality to pay for either employee's legal costs. Procedure There are two options: 1) Both employees are present for the hearing (joint presentation); or 2) Employees may present their evidence separately and not in the presence of each other. Both employees should agree on whether option 1 or 2 is chosen. If they cannot agree, the panel shall decide after considering the specific circumstances and reason (B) for the disagreement. Option 1 - Joint Presentation 1. The Chair shall call the hearing to order and advise that this is a hearing under the Municipality's Consolidated Personnel By-Law with respect to a harassment charge made by one employee against another person. For ease of understanding, the term "plaintiff" shall be used for the employee making the charge, and the term "defendant" shall be used for the person who is the alleged harasser. 2. The plaintiff shall first address the panel, outlining the charge and any other pertinent information the plaintiff believes the panel should hear. The plaintiff may call witnesses to substantiate his or her charges. ...4/ Approved Date: November 8, 2000 BY-LAW NO. 2000-141 - SCHEDULE "I" HARASSMENT POLICY - Page 4 3. The defendant shall then be given an opportunity to respond to the charges. The defendant may call witnesses as well. 4. The plaintiff's supervisor shall then present his/her investigation results. This may involve calling further witnesses. The supervisor shall, prior to the hearing, make available a copy of his/her investigation report to the members of the panel, the plaintiff, or the defendant. 5. Members of the panel may at any time question any of the persons involved in the hearing. 6. Cross-examination of the plaintiff and the defendant by each other shall not be permitted unless both have retained legal counsel and representation. In the absence of legal representation, the plaintiff and/or the defendant may pose questions to the other through the chair of the panel. The panel shall decide if such question shall be posed to the plaintiff and/or defendant. 7. Following the presentation, both the defendant and the plaintiff shall have a final opportunity to rebut or answer anything that has been presented. 8. The chair shall then adjourn the hearing, following which the panel shall make its recommendations to Council. Option 2 - Separate Presentations 1. The chair shall call the hearing to order and advise that this is a hearing under the Municipality's Consolidated Personnel By-Law with respect to a harassment charge made by one employee against another person. For ease of understanding, the term "plaintiff" shall be used for the employee making the charge, and the term "defendant" shall be used for the person who is the alleged harasser. 1. The plaintiff and the supervisor shall be present in the room along with the panel. 3. The plaintiff shall first address the panel, outlining the charge and any other pertinent information the plaintiff believes the panel should hear. The plaintiff may call witnesses to substantiate his or her charges. A transcript shall be provided to the defendant. 4. Following a minimum of two (2) and a maximum of five (5) working days have been provided to review the transcript, the hearing shall reconvene with the defendant being given the opportunity to answer the charges made by the plaintiff. The defendant may call witnesses. Again, a transcript shall be kept and provided to the plaintiff. ...5/ Approved Date: November 8, 2000 BY-LAW NO. 2000-141 - SCHEDULE "I" HARASSMENT POLICY - Page 5 5. The defendant shall then leave the hearing. The plaintiff's supervisor shall then present the findings of hislher investigation into the matter. Witnesses may be called. A further transcript of this presentation shall be provided to both the plaintiff and the defendant. The hearing shall then be temporarily adjourned. 6. The hearing shall reconvene after a minimum of two (2) and maximum of five (5) working days have been provided for a review of the transcripts by the plaintiff and the defendant. The plaintiff and the defendant shall then be given separate opportunities to make a final "rebuttal" based on all evidence submitted. Transcripts of these final presentations shall also be made and provided to all parties. 7. The members of the panel may at any time question any of the persons giving evidence or submissions. 8. The chair shall then adjourn the hearing, following which the panel will make its recommendations to Council. The implementation of any disciplinary measures shall be a matter between the employee and the employee's supervisor. Council, based on the report of the panel, shall determine disciplinary procedures. The report of the panel is confidential to Council alone. INFORMAL PROCEDURE The informal procedure shall be as follows: It shall be recognized that harassment is not easily defined and in many instances people harassing may be unaware that their actions are creating discomfort. The complainant shall write a letter to the harasser informing herlhim of three things; 1) What action was taken; 2) How this action creates discomfort; 3) That the actions must stop. The letter will be sent by registered mail and a copy will be retained by the complainant and by the management employee engaged by the complainant to act as ombudsman. The receipt for such a letter shall also be retained and such letters and receipts could be used as evidence during a formal investigation. The letters and receipts are to be kept in a secure area by the manager but NOT in the employee's personnel file. ...61 Approved Date: November 8, 2000 BY-LAW NO. 2000-141 - SCHEDULE "I" HARASSMENT POLICY - Page 6 APPEAL PROCEDURE In the event that the formal procedure has taken place and the harasser is not satisfied with the results, he/she may appeal to the committee of the whole, in-camera. The committee of the whole may hear further or additional representation, including that of the plaintiff. The committee of the whole shall render its final decision, in writing, within fourteen (14) working days, with a copy to the department head and Chief Administrative Officer. Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "J" THE MUNICIPALITY OF KINCARDINE PERFORMANCE EVALUATION - MANAGEMENT - SUPERVISORY PRN ATE AND CONFIDENTIAL WHEN COMPLETED ANNUAL PERFORMANCE EVALUATION The Municipality of Kincardine has initiated an employee evaluation procedures and forms. This procedure is designed to evaluate employees in order to assist both the employee and the supervisor in pinpointing strengths and weaknesses and to help employees in their professional development and to do a better job in their position. Evaluators are instructed to take their time and prepare a complete and comprehensive evaluation of each employee. Do not take the easy way out and rank all employees the same. Treat this as an opportunity to sit down with each employee and have a heart-to-heart talk with him or her about their performance. This procedure should be a positive tool and develop both better employees and better supervisors. Evaluators who have questions on the form or procedures should discuss them with the Deputy C.A.O.lDeputy-Clerk. Questions concerning individuals should follow normal reporting lines of authority and responsibility. GENERAL INSTRUCTIONS I. The evaluation is to be completed prior to the calendar year end. II. The evaluation shall be completed by each employee's immediate supervisor or, if no supervisor, the supervising committee. III. Upon completion of the evaluation form, the evaluator(s) must provide a copy to the employee, and discuss, in private, the evaluation with the employee. Both the evaluator and the employee must sign the form. It should be noted that the signature of the employee indicates that the form has been discussed with him/her, and does not necessarily indicate that the employee agrees with it. If the employee does not agree with the rating or the evaluation, an appeal procedure may be followed pursuant to the procedure outlined in the Municipality's Consolidated Personnel By-law. IV. The completed evaluation shall be forwarded to the Deputy CAO/Deputy Clerk, in a sealed envelope -marked "PRIVATE AND CONFIDENTIAL". Employees and evaluators may retain a copy if they wish. Unsigned evaluations will be returned for signature. ...2/ Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "J" - Page 2 V. The Deputy CAD/Deputy Clerk will file the completed evaluations in the employee's personnel file, and will advise the payroll department in writing if the employee's rating entitles the employee to a one-step increase on the pay grid (for employees not already at the maximum step). The payroll department will advise the employee, and his/her supervisor, by confidential memorandum, of the revised rate of pay, if any. RATING CRITERIA 1. Exceptional - performance is extraordinary and goes far above expectations for the job. Consistently demonstrates creative approach to the job and proposes innovative ideas. The employee will have exhibited at least one outstanding or unusual accomplishment. 2. Very Good - performance is beyond the requirements for good performance for the position. 3. Satisfactory - performance consistently meets full job requirements. Has acquired full knowledge, experience and training. Work is done; employee requires little supervision and is dependable. 4. Needs Improvement - performance does not always meet the minimum job standards. Requires unnecessary supervision and instruction. Lacks full job knowledge, initiative, experience or/and training and needs improvement. 5. Unsatisfactory - performance consistently falls below minimum requirements for the position. Requires constant instruction and motivation to complete even the most rudimentary aspects of the position. Job should not be retained without significant improvement. EVALUATORS COMMENTS AND SUGGESTIONS FOR DEVELOPMENT It is critical that this area be completed. You must, in your own words, sum up the individuals strength, weaknesses and steps to be taken to improve upon these weak areas as well as outlining potential for increased responsibility and job promotion. EMPLOYEE'S COMMENTS In this area, the employee is encouraged to comment on the evaluation, as well as outline his/her expectations for the Position. The employee should be given an opportunity to complete this area after the evaluation has been discussed with the employee. Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "K" THE MUNICIPALITY OF KINCARDINE PERFORMANCE EVALUATION - CLERICAL - SECRETARIAL PRIVATE AND CONFIDENTIAL WHEN COMPLETED ANNUAL PERFORMANCE EVALUATION The Municipality of Kincardine has initiated an employee evaluation procedures and forms. This procedure is designed to evaluate employees in order to assist both the employee and the supervisor in pinpointing strengths and weaknesses and to help employees in their professional development and to do a better job in their position. Evaluators are instructed to take their time and prepare a complete and comprehensive evaluation of each employee. Do not take the easy way out and rank all employees the same. Treat this as an opportunity to sit down with each employee and have a heart-to-heart talk with him or her about their performance. This procedure should be a positive tool and develop both better employees and better supervisors. Evaluators who have questions on the form or procedures should discuss them with the Deputy C.A.O.lDeputy-Clerk. Questions concerning individuals should follow normal reporting lines of authority and responsibility. GENERAL INSTRUCTIONS I. The evaluation is to be completed prior to the calendar year end. II. The evaluation shall be completed by each employee's immediate supervisor or, if no supervisor, the supervising committee. III. Upon completion of the evaluation form, the evaluator(s) must provide a copy to the employee, and discuss, in private, the evaluation with the employee. Both the evaluator and the employee must sign the form. It should be noted that the signature of the employee indicates that the form has been discussed with him/her, and does not necessarily indicate that the employee agrees with it. If the employee does not agree with the rating or the evaluation, an appeal procedure may be followed pursuant to the procedure outlined in the Municipality's Consolidated Personnel By-law. IV. The completed evaluation shall be forwarded to the Deputy CAO/Deputy Clerk, in a sealed envelope -marked "PRIVATE AND CONFIDENTIAL". Employees and evaluators may retain a copy if they wish. Unsigned evaluations will be returned for signature. ...2/ Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "K" - Page 2 V. The Deputy CAD/Deputy Clerk will file the completed evaluations in the employee's personnel file, and will advise the payroll department in writing if the employee's rating entitles the employee to a one-step increase on the pay grid (for employees not already at the maximum step). The payroll department will advise the employee, and his/her supervisor, by confidential memorandum, of the revised rate of pay, if any. RATING CRITERIA 1. Exceptional - performance is extraordinary and goes far above expectations for the job. Consistently demonstrates creative approach to the job and proposes innovative ideas. The employee will have exhibited at least one outstanding or unusual accomplishment. 2. Very Good - performance is beyond the requirements for good performance for the position. 3. Satisfactory - performance consistently meets full job requirements. Has acquired full knowledge, experience and training. Work is done; employee requires little supervision and is dependable. 4. Needs Improvement - performance does not always meet the minimum job standards. Requires unnecessary supervision and instruction. Lacks full job knowledge, initiative, experience or/and training and needs improvement. 5. Unsatisfactory - performance consistently falls below minimum requirements for the position. Requires constant instruction and motivation to complete even the most rudimentary aspects of the position. Job should not be retained without significant improvement. EVALUATORS COMMENTS AND SUGGESTIONS FOR DEVELOPMENT It is critical that this area be completed. You must, in your own words, sum up the individuals strength, weaknesses and steps to be taken to improve upon these weak areas as well as outlining potential for increased responsibility and job promotion. EMPLOYEE'S COMMENTS In this area, the employee is encouraged to comment on the evaluation, as well as outline his/her expectations for the Position. The employee should be given an opportunity to complete this area after the evaluation has been discussed with the employee. Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "L" THE MUNICIPALITY OF KINCARDINE PERFORMANCE EVALUATION -INSIDE/OUTSIDE AND MECHANICAL PRIVATE AND CONFIDENTIAL WHEN COMPLETED ANNUAL PERFORMANCE EVALUATION The Municipality of Kincardine has initiated an employee evaluation procedures and forms. This procedure is designed to evaluate employees in order to assist both the employee and the supervisor in pinpointing strengths and weaknesses and to help employees in their professional development and to do a better job in their position. Evaluators are instructed to take their time and prepare a complete and comprehensive evaluation of each employee. Do not take the easy way out and rank all employees the same. Treat this as an opportunity to sit down with each employee and have a heart-to-heart talk with him or her about their performance. This procedure should be a positive tool and develop both better employees and better supervisors. Evaluators who have questions on the form or procedures should discuss them with the Deputy C.A.O.lDeputy-Clerk. Questions concerning individuals should follow normal reporting lines of authority and responsibility. GENERAL INSTRUCTIONS I. The evaluation is to be completed prior to the calendar year end. II. The evaluation shall be completed by each employee's immediate supervisor or, if no supervisor, the supervising committee. III. Upon completion of the evaluation form, the evaluator(s) must provide a copy to the employee, and discuss, in private, the evaluation with the employee. Both the evaluator and the employee must sign the form. It should be noted that the signature of the employee indicates that the form has been discussed with him/her, and does not necessarily indicate that the employee agrees with it. If the employee does not agree with the rating or the evaluation, an appeal procedure may be followed pursuant to the procedure outlined in the Municipality's Consolidated Personnel By-law. IV. The completed evaluation shall be forwarded to the Deputy CAO/Deputy Clerk, in a sealed envelope -marked "PRIVATE AND CONFIDENTIAL". Employees and evaluators may retain a copy if they wish. Unsigned evaluations will be returned for signature. ...2/ Approved Date: November 8, 2000 BY-LAW NO. 2000-141 SCHEDULE "L" - Page 2 V. The Deputy CAD/Deputy Clerk will file the completed evaluations in the employee's personnel file, and will advise the payroll department in writing if the employee's rating entitles the employee to a one-step increase on the pay grid (for employees not already at the maximum step). The payroll department will advise the employee, and his/her supervisor, by confidential memorandum, of the revised rate of pay, if any. RATING CRITERIA 1. Exceptional - performance is extraordinary and goes far above expectations for the job. Consistently demonstrates creative approach to the job and proposes innovative ideas. The employee will have exhibited at least one outstanding or unusual accomplishment. 2. Very Good - performance is beyond the requirements for good performance for the position. 3. Satisfactory - performance consistently meets full job requirements. Has acquired full knowledge, experience and training. Work is done; employee requires little supervision and is dependable. 4. Needs Improvement - performance does not always meet the minimum job standards. Requires unnecessary supervision and instruction. Lacks full job knowledge, initiative, experience and/or training and needs improvement. 5. Unsatisfactory - performance consistently falls below minimum requirements for the position. Requires constant instruction and motivation to complete even the most rudimentary aspects of the position. Job should not be retained without significant improvement. EVALUATORS COMMENTS AND SUGGESTIONS FOR DEVELOPMENT It is critical that this area be completed. You must, in your own words, sum up the individuals strength, weaknesses and steps to be taken to improve upon these weak areas as well as outlining potential for increased responsibility and job promotion. EMPLOYEE'S COMMENTS In this area, the employee is encouraged to comment on the evaluation, as well as outline his/her expectations for the Position. The employee should be given an opportunity to complete this area after the evaluation has been discussed with the employee. Approved Date: November 8, 2000