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Title 3: Personnel

Chapters:
3.02	Establishing Ranks for the Police Department	3.04	Police Reserve Unit	3.06	Deputy Marshals
3.20	Confined Air Space Program	3.25	Personnel Policy	3.30	Drug and Alcohol Substance Abuse Policy

Chapter 3.02 — ESTABLISHING RANKS FOR THE POLICE DEPARTMENT

Sections:

3.02.010 Classification of Ranks
3.02.020 Requirements of Ranks
3.02.030 Colonel
3.02.040 Captain
3.02.050 Invalidity of Ordinances (Chapter)

3.02.010 Classification of Ranks. There is hereby created the following classification of ranks in descending order of command:

Colonel
Captain
Lieutenant
Sergeant
Corporal

(Ord. 89-11 S1, 1989)

3.02.020 Requirements of Ranks. The following requirements must be met in order to be eligible for such rank:

Colonel. The rank of Colonel shall be assigned by the Town Council and is the effective equivalent of the Chief of Police or Marshall.
Captain. The rank of Captain shall be assigned by the Town Council and is the effective equivalent of the Assistant Chief of Police or Deputy Marshal.
Lieutenant. The rank of Lieutenant may be assigned by the Town Council upon recommendation of the Colonel to any officer who has served on the Department for at least ten (10) years and has not received any disciplinary action for thirty-six (36) months prior to the recommendation to the Town Council.
Sergeant. The rank of Sergeant may be assigned by the Town Council upon recommendation of the Colonel to any officer who has served on the Department for at least five (5) years and has not received any disciplinary action for twenty-four (24) months prior to the recommendation to the Town Council.
Corporal. The rank of Corporal may be assigned by the Town Council upon recommendation of the Colonel to any officer who has served on the Department for at least two (2) years and has not received any disciplinary action for twelve (12) months prior to the recommendation to the Town Council. (Ord. 89-11 S2, 1989)

3.02.030 Colonel. All ordinances of the Town heretofore enacted which reference the Chief of Police or Marshal shall mean the Colonel. (Ord. 89-11 S3, 1989)

3.02.040 Captain. All ordinances of the Town heretofore enacted which reference the Assistant Chief of Police or Deputy Marshal shall mean the Captain. (Ord. 89-11 S4, 1989)

3.02.050 Invalidity of Ordinance (Chapter). If any provision of this Ordinance (Chapter) or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared severable. (Ord. 89-11 S5, 1989)

Chapter 3.04 — POLICE RESERVE UNIT

Sections:

3.04.010 Created
3.04.020 Terms
3.04.030 Discharge
3.04.040 Supervision
3.04.050 Duties
3.04.060 Compensation
3.04.070 Uniforms and Equipment
3.04.080 Liability
3.04.090 Ferdinand Police Continuing Education and Training Fund

3.04.010 Created. There is hereby created a police reserve unit for the Town of Ferdinand, to be known as the "Ferdinand Reserve Police Unit", pursuant to the provisions of I.C. 36-8-3-20, the membership of which shall consist of not more than five (5) persons. Each member shall be not less than twenty-one (21) years of age. (Ord. 0-86-4)

3.04.020 Terms. Appointments to the Police Reserve Unit shall be made by the Board of Trustees, for a term of two (2) years. Prior to the appointment of any person as a reserve policeman, all applicants must submit to and consent to a background investigation, the extent of which shall be established by the Board of Trustees. (Ord. 0-86-4)

3.04.030 Discharge. Any members so appointed may be discharged at any time with or without cause and without a hearing, by the Board of Trustees. (Ord. 0-86-4)

3.04.040 Supervision. The Police Reserve Unit shall function under the immediate direction of the Colonel or in his absence, the Captain. Before entering upon his duties, each member shall take and subscribe to an oath or affirmation. (Ord. 0-86-4)

3.04.050 Duties. Subject to the direction and control of the Colonel, reserve policemen shall be assigned to and perform only the following duties within the Town of Ferdinand:

Assist the regular police force on routine patrols;
Participate in motor patrol with regular officers;
Supplement traffic control activities;
Be available for duty on special events;
Assist the regular force in implementation of disaster and emergency planning duties;
To perform such other duties as may from time to time be approved by the Colonel.

In performing the functions set forth above, members of the Police Reserve Unit shall have all powers and authority and shall be subject to all the duties of members of the regularly constituted police department, provided, however, that membership in the Police Reserve Unit shall not constitute membership in the regular constituted Police Department, not shall any member of the Police Reserve Unit be entitled to any right or privilege of compensation, pension or any other similar right or privilege of the regular constituted Police Department, nor to any other perquisites or emolument attaching to the membership in said regularly constituted Police Department. In furtherance hereof, a duly appointed reserve policeman shall be allowed to carry an authorized firearm on duty, but will not be allowed to carry said firearm in a police capacity when not on duty. Those
individuals who have been appointed as a reserve policeman and who possess a valid personal protection permit shall be allowed to bear arms during off duty hours in his individual capacity. While on duty, reserve policemen shall have full arrest powers. While off duty, reserve policemen shall have no arrest powers other than those granted to citizens at large in the State of Indiana. (Ord. 0-86-4)

3.04.060 Compensation. No member of the Police Reserve Unit shall receive any compensation from the Town for his services as a member of the Police Reserve Unit excepting as may be provided from time to time by the Ordinances of the Board of Trustees. (Ord. 0-86-4)

3.04.070 Uniforms and Equipment. The members of the Police Reserve Unit shall furnish their own uniforms and other necessary equipment, without reimbursement from the Town, excepting only to the extent, if any, specifically provided for in the annual appropriation ordinances of said Town. (Ord. 0-86-4)

3.04.080 Liability. Each appointed member of the Police Reserve Unit shall promptly after being appointed as said member, and prior to taking his oath, execute and deliver to the Clerk-Treasurer of the Town of Ferdinand an instrument in the form to be approved by the Town Attorney, releasing the Town from all liability for any injury or death of such member in the line of duty as a member of said Unit, excepting only such liability, if any, as shall be attributable to gross negligence on the part of the Town. (Ord. 0-86-4)

3.04.090 Ferdinand Police Continuing Education and Training Fund.

There is hereby established the Ferdinand Police Continuing Education and Training Fund.
The Clerk-Treasurer shall cause to be placed in such fund all monies received from the Dubois County Auditor pursuant to I.C. 5-2-8-3, and all other monies authorized by the Board of Trustees.
The monies accumulated in such fund may be spent after proper appropriation only for purposes related to the continuing education and training of the regular or reserve police personnel of the Town of Ferdinand. (Ord. 0-87-5)

Chapter 3.06 — DEPUTY CAPTAINS

Sections:

3.06.010 Deputy Captains
3.06.020 Approval
3.06.030 Bonded

3.06.010 Deputy Captains. The Colonel of the Town of Ferdinand may appoint and deputize such Deputy Captains, subject to approval of the Board of Trustees as hereinafter provided, as may be required to insure the protection and safety of persons and property within said Town of Ferdinand. (Ord. O-72-1)

3.06.020 Approval. Before any person shall be appointed or deputized by the Colonel under his Ordinance (Chapter) such appointment shall be approved by the Board of Trustees of the Town of Ferdinand; provided only, that in cases of emergency appointment of a Deputy Captains, such approval by the Board shall not be required. (Ord. O-72-1)

3.06.030 Bonded. Such Deputy Captains, after being duly appointed, shall be bonded in the same amount of bond as is in effect for the Colonel. Compensation and term of service of such Deputy Captain shall be regulated and set by the Board of Trustees. (Ord. O-72-1)

Chapter 3.20 — CONFINED AIR SPACE PROGRAM

Sections:

3.20.010 Who is covered under 29CFR 1910.146
3.20.020 Definitions
3.20.030 Compliance Guidelines
3.20.040 Guidelines for Permit and Alternate Entry
3.20.050 Reclassification of Permit to Non-Permit Space
3.20.060 Compliance Guidelines for Entry
3.20.070 Requirements for a Permit
3.20.080 Training
3.20.090 Rescue and Emergency Services
3.20.100 Lockout/Tagout Program

3.20.010 Who is covered under 29CFR 1910.146?

General Industries. Excluding agriculture, construction, and shipyard employment; Parts 1918, 1926 and 1915 respectively. (Ord. 96-3, S1, April 8, 1996)

3.20.020 Definitions.

Confined space
1. Is large enough and so configured that an employee can bodily enter and perform assigned work; and
2. Has limited or restricted means for entry and exit (for example tanks, vessels, silos, storage bins, hoppers, vaults, pits); and
3. Is not designed for continuous employee occupancy. MUST MEET ALL THREE REQUIREMENTS! (Ord. 96-3, S2, April 8, 1996)
Non-permit Required Confined Space
1. A Confined Space that does not contain or, with respect to atmospheric hazards, have the potential to contain any hazard capable of causing death or serious physical harm (for example, vented vaults, motor control cabinets, and dropped ceilings). (Ord. 96-3, S2, April 8, 1996)
Permit Required Confined Space. A Confined Space that has one or more of the following characteristics:
1. Contains or has potential to contain a hazardous atmosphere;
2. Contains a material that has the potential for engulfment of an entrant;
3. Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly conveying walls or by a floor which slopes downward and tapers to a smaller crosssection; or
4. Contains any other recognized serious or health hazard. (Ord. 96-3, S2, April 8, 1996)
Hazards Atmosphere. An atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to selfrescue (that is, escape unaided from a permit space), injury, or acute illness from one or more of the following causes:
1. Flammable gas, vapors, or mist in excess of 10 percent of it's lower flammable limit (LFL);
2. Airborne combustible dust at a concentration that meets or exceeds it's LFL;
3. Atmospheric oxygen concentration below 19.5 percent or above 23.5 percent;
4. Atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in Subpart G, Occupational Health and Environmental Control, or in Subpart Z, Toxic and Hazardous Substances, of this part which could result in employee exposure in excess of it's dose or permissible exposure limit;
5. Any other atmospheric condition that is immediately dangerous to life or health. (Ord. 96-3, S2, April 8, 1996)

3.20.030 Compliance Guidelines for Non-Entry Permit RequiredConfined Spaces.

Procedures:
1. An evaluating survey of the workspace area must be completed to determine if Permit Required Confined Spaces (PRCS) are present.
2. All areas classified as PRCS must be posted via signs or otherwise identified to the exposed employees.
3. A re-evaluation of any workplace areas classified as NONPRCS to Permit Required (PR) may be necessary if the changes to the spaces are significant.
4. Employees used from other employers (outside contractors) to perform work that involves permit space entry must be in formed of the hazards associated with the space and that entry can only be allowed through compliance with an entry
  permit program.
5. Precaution and procedures must be coordinated between contractors entering the PRCS and the host employees working near the PRCS to provide protection for all personnel.
6. Any hazards confronted or created by the contractor during the permit space entry must be discussed to prevent future confrontation during entry.
7. Any person violating any safety rules shall be disciplined as follows:
  1. Regular Employees violating any safety rules shall be disciplined as follows:
    1. First time verbal warning;
    2. Second time written warning;
    3. Third time one day off without pay;
    4. Fourth time three days off without pay;
    5. Fifth time taken to Town Council for dismissal.
  2. Contractor's Employees violating any safety rules shall be disciplined as follows:
    1. First time verbal warning;
    2. Second time written warning;
    3. Third time removed from the job site. (Ord. 96- 3, S3, April 8, 1996)

3.20.040 Guidelines for Permit Required Confined Space Alternate Procedures Entry.

Verification Procedure:
1. An evaluating survey of the workplace area must be completed to determine if Permit Required Confined Spaces (PRCS) are present.
2. All areas classified as PRCS must be posted via sign or otherwise identified to the exposed employees.
3. A written Permit Space Program must be completed and made available to all employees and their authorized representatives. When using the alternate procedures to enter PRCS, the Permit Space Program will contain documentation (ventilation and monitoring data) supporting the employee's decision to enter the space through nonpermit procedures.
4. Verify that the only hazard posed by the permit space is an actual or potential atmospheric hazard. Verification must be obtained through monitoring and inspection data and properly documented for entry personnel.
5. Verify through documentation that continuous forced air ventilation alone is enough to maintain the permit space safe for entry. OSHA interprets safe in this case as 50% of the conditions set for a hazardous atmosphere. (Example: If methane has a LFL of 5 then the criteria of a hazardous atmosphere at 10% LFL would be .5. In using alternate procedures safe would be 50% of .5 or .25. This is to allow for the possibility of ventilation being cut off.) Documentation must be made available to entry personnel. (Ord. 96-3, S4, April 8, 1996)
Entry Procedures:
1. Guard openings with barriers to prevent accidental fall through or penetration of foreign objects.
2. Initial testing of the internal atmosphere spaces must be completed before entry is made. The testing will be completed using a calibrated direct reading instrument monitoring for oxygen, flammability and potential toxic air contaminants respectively.
3. Clean forced air ventilation must be used before entry is made to eliminate any hazardous atmosphere and continue until all entrants have left the space.
4. Continuous atmosphere testing will be done to ensure that the continuous forced air ventilation is preventing the accumulation of a hazardous atmosphere.
5. Evacuation of entrants from the space will occur immediately when a hazardous atmosphere is detected. Measures will be implemented to protect entrants from the hazardous atmosphere before any subsequent entry takes place.
6. Verification that the space is safe for entry is required through written certification containing the date, location and signature of the person providing the certification. This certification must be completed before entry and made available to all entrants.
7. Re-evaluate the space if any changes occur in its use or configuration. (Ord. 96-3, S4, April 8, 1996)

3.20.050 Reclassification of Permit Space to Non-Permit Space.

Space may be reclassified if:
1. No actual or potential atmospheric hazards are present (control of atmospheric hazards through continuous ventilation does not constitute elimination of hazard).
2. All other hazards within the space are eliminated without entry into the space.
3. The employer shall document the basis for determining that all hazards have been eliminated, through a certification that contains the date, the location of the space, and the signature of the person making the determination. The certification shall be made available to each employee entering the space.
4. Re-evaluate space if changes in use or configuration occur.

Note: IF ENTRY IS NECESSARY TO ELIMINATE HAZARDS OR PERFORM TESTING, IT MUST BE COMPLETED THROUGH THE PERMIT PROGRAM. (Ord. 96-3, S5, April 8,
1996)

3.20.060 Compliance Guidelines for Permit Required Confined Space Entry.

Procedures:
1. An evaluating survey of the workplace area must be completed to determine if Permit Required Confined Spaces (PRCS) are present.
2. All areas classified as PRCS must be posted via signs or otherwise identified to all potentially exposed employees.
3. A written permit space entry program shall be implemented.
4. Develop an entry permit system that documents completion of all measures required to ensure safe entry into PRCS.
5. Provide training for all affected employees and certify they have the understanding, knowledge, and skills to safely perform PRCS entry procedures.
6. Provide rescue and emergency services during entry into PRCS.
7. Review written PRCS Entry Program at least once a year.

(Ord. 96-3, S6, April 8, 1996)

3.20.070 Requirements for a Permit Required Confined Space Program.

Permit Required Confined Space Program. Under the Permit- Required Confined Space Program the employer shall:
1. Implement the measures necessary to prevent unauthorized entry;
2. Identify and evaluate the hazards of permitted spaces before employees enter them;
3. Develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following;
  1. Specifying acceptable entry conditions;
  2. Isolating the permit space;
  3. Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards;
  4. Providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards; and
  5. Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry.
4. Provide the following equipment at no cost to employees, maintain that equipment properly, and ensure that employees use that equipment properly:
  1. Testing and monitoring equipment needed to assure the space is safe for entry and work;
  2. Ventilating equipment needed to obtain acceptable entry conditions;
  3. Communications equipment;
  4. Personal protective equipment insofar as feasible engineering and work practice controls do not adequately protect employees;
  5. Lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency;
  6. Barriers and shields required to protect entrants from external hazards;
  7. Equipment, such as ladders, needed for safe entry and egress by authorized entrants;
  8. Rescue and emergency equipment, except to extent that the equipment is provided by rescue services; and
  9. Any other equipment necessary for safe entry into and rescue from permit spaces.
5. Evaluate permit space conditions as follows when entry operations are conducted:
  1. After isolating the space, test conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin. If isolation of the space is infeasible because the space is large or is part of a continuous system (such as sewer), entry conditions shall be continuously monitored in the areas where authorized entrants are working;
  2. Test or monitor the permit space as necessary to determine if acceptable entry conditions are being maintained during the course of entry operations; and
  3. When testing for atmospheric hazards, test first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors.
6. Provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations;
7. Designate the persons who are to have active roles (as, for example, authorized entrants, attendants, entry supervisors, or persons who test or monitor the atmosphere in a permit space) in entry operations, identify the duties of each such employee, and provide each such employee with the training required;
8. Develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and from preventing unauthorized persons from attempting a rescue;
9. Develop and implement a system for the preparation, issuance, use, and cancellation of entry permits as required by this section;
10. Develop and implement procedures to coordinate entry operations when employees of another employer are working simultaneously with the company's authorized entrants in a permit space;
11. Develop and implement procedures (such as closing off a permit space and canceling the permit) necessary for concluding the entry after entry operations have been completed;
12. Review entry operations when the employer has reason to believe the measures taken under the permit space program may not protect employees. Revise the program to correct deficiencies found to exist before subsequent entries are authorized; and
13. Review the permit-required confined space program, using the canceled permits, within 1 year after each entry. Revise the program as necessary, to ensure that employees participating in entry operations are protected from permit space hazards.
  - NOTE: Examples of circumstances requiring the review of the permit-required confined space program are: any unauthorized entry of permit space, the detection of a permit space hazard not covered by the permit, the detection of a condition prohibited by the permit, the occurrence of an injury or near-miss during entry, a change in the use or configuration of a permit space, and employee complaints about the effectiveness of the program.
  - NOTE: Employers must perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary. (Ord. 96-3, S7, April 8, 1996)
Permit System Procedures:
1. Before entry is authorized, the entry supervisor shall document the completion of means, procedures and practices necessary for safe permit space entry by preparing an entry permit.
2. Before entry begins, the entry supervisor identified on the permit shall sign the entry permit to authorized entry.
3. The completed permit shall be made available at the time of entry to all authorized entrants, by posting it at the entry portal or by any other equally effective means, so that the entrants can confirm that pre-entry preparations have been completed.
4. The duration of the permit may not exceed the time required to complete the assigned task or job identified on the permit.
5. The entry supervisor shall terminate entry and cancel the entry permit when:
  1. The operations covered by the entry permit have been completed; or
  2. A condition that is not allowed under the entry permit arises in or near the permit space.
6. The employer shall retain each canceled entry permit for at least 1 year to facilitate review of the permit-required confined space program. Any problems encountered during an entry operation shall be noted on the pertinent permit so that appropriate revisions to the permit space program can be made. (Ord. 96-3, S7, April 8, 1996)
Entry Permit. The Entry Permit that documents compliance with the PRCSE program's requirements and authorized entry to a permit space shall identify:
1. The permit space to be entered;
2. The purpose of the entry;
3. The date and the authorized duration of the entry permit;
4. The authorized entrants within the permit space. This may be accomplished by listing their names or by other means (for example, through the use of rosters or tracking systems) as will enable the attendant to determined quickly and accurately, for the duration of the permit, which authorized entrants are inside the permit space;
5. The personnel, by name, currently serving as the attendants;
6. The individual, by name, currently serving as entry supervisor, with a space for the signature or initials of the entry supervisor who originally authorized entry;
7. The hazards of the permit space to be entered;
8. The measures used to isolate the permit space and to eliminate or control permit space hazards before entry;
  1. NOTE: Those measures can include the lockout or tagging of equipment and procedures for purging, inerting, ventilating, and flushing permit spaces.
9. The acceptable entry conditions;
10. The results of initial and periodic test performed, accompanied by the names or initials of the testers and by an indication of when the test was performed;
11. The rescue and emergency services that can be summoned and the means (such as the equipment to use and the numbers to call) for summoning those services;
12. The communication procedures used by authorized entrants and attendants to maintain contact during the entry;
13. Equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for compliance with this section;
14. Any other information whose inclusion is necessary, given the circumstances of the particular confined space to ensure employee safety, and
15. Any additional permits, such as for hot work, that have been issued to authorize work in the permit space. (Ord. 96-3, S7, April 8, 1996)

3.20.080 Training.

Procedures:
1. The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section.
2. Training shall be provided to each affected employee:
  1. Before the employee is assigned duties under this section;
  2. Before there is a change in assigned duties;
  3. Whenever there is a change in permit space operations that presents a hazard about which an employee has not previously been trained;
  4. Whenever the employer has reason to believe either that there are deviations from the permit space entry procedures or that there are inadequacies in the employee's knowledge or use of these procedures.
3. The training shall establish employee proficiency in the duties required by this program and shall introduce new or revised procedures, as necessary, for compliance with this section.
4. The employer shall certify that the training required has been accomplished. The certification shall contain each employee's name, the signatures or initials of the trainers, and the dates of the training. The certification shall be available for inspection by employees and their authorized representatives.
5. No employee shall enter any confined space until properly trained. (Ord. 96-3, S8, 1996)
Duties of Attendants. The employer shall ensure that each attendant:
1. Knows the hazards that may be faced during entry, including information on the mode, signs, or symptoms, and the consequences of the exposure;
2. Is aware of possible behavioral effects of hazard exposure in authorized entrants;
3. Continuously maintains an accurate count of authorized entrants in the permit space and ensures that the means used to identify authorized entrants accurately identifies who is in the permit space;
4. Remains outside the permitted space during entry operations until relieved by another attendant;
5. Communicates with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space;
6. Monitors activities inside and outside the space to determine if it is safe for entrants to remain in the space and orders the authorized entrants to evacuate the permit space immediately under any of the following conditions:
7. Summons rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards.
8. Takes the following actions when unauthorized persons approach or enter a permit spaces while entry is underway:
  1. Warn the unauthorized persons that they must stay away from the permitted space;
  2. Advise the unauthorized persons that they must exit immediately if they have entered the permit space; and
  3. Inform the authorized entrants and the entry supervisor if unauthorized persons have entered the permit space.
9. Performs non-entry rescues;
10. Performs no duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants. (Ord. 96-3, S8, 1996)
Duties of Authorized Entrants. The employer shall ensure that all authorized entrants:
1. Know the hazards that may be faced during entry, including information on the mode, signs of symptoms, and consequences of the exposure;
2. Properly use equipment as required for safe entry;
3. Communicate with the attendant as necessary to enable the attendant to monitor entrant status and to enable the attendant to alert entrants of the need to evacuate the space;
4. Alert the attendant whenever:
  1. The entrant recognizes any warning sign or symptom of exposure to a dangerous situation, or
  2. The entrant detects a prohibited condition; and
5. Exit from the permit space as quickly as possible whenever:
  1. An order to evacuate is given by the attendant or the entry supervisor;
  2. The entrant recognizes any warning sign or symptom of exposure to a dangerous situation;
  3. The entrant detects a prohibited condition; or
  4. An evacuation alarm is activated. (Ord. 96-3, S8, 1996)
Duties of Entry Supervisors. The employer shall ensure that each entry supervisor:
1. Knows the hazards that may be faced during entry, including information on the mode, signs, or symptoms, and the consequences of the exposures;
2. Verifies, by checking that the appropriate entries have been made on the permit, that all test specified by the permit have been conducted, and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin;
3. Terminates the entry and cancels the permit as required;
4. Verifies that rescue services are available and that the means for summoning them are operable;
5. Removes unauthorized individuals who enter or who attempt to enter the permit space during entry operations; and
6. Determines whenever permitted entry operation is transferred or that is dictated by the hazards and operations performed within the space. Also, that entry operations remain consistent with the terms of the entry permit, and that acceptable entry conditions are maintained. (Ord. 96-3, S8, 1996)

3.20.090 Rescue and Emergency Services.

Rescue and Emergency Services provided by the Employer. The following requirements apply to employers who have employees entering permit spaces to perform rescue services:
1. The employer shall ensure that members of the rescue service are provided with, and are trained to use properly, the personal protective equipment and rescue equipment necessary for making rescues from permitted spaces;
2. Members of the rescue service shall be trained to perform the assigned rescue duties. Members of the rescue service shall also receive the training required of authorized entrants;
3. Members of the rescue service shall practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, mannequins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed;
4. Members of the rescue service shall be trained in basic firstaid and in cardiopulmonary resuscitation (CPR). At least one member of the rescue service holding current certification in first-aid and in CPR shall be available.
  1. To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements:
    1. Each authorized entrant shall use a full body harness, with a retrieval line attached at the center of the entrants back near shoulder level, or above the entrant's head. Wristlets may be used in lieu of the full body harness if the employer can demonstrate that the use of a full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternate;
    2. The other end of the retrieval line shall be attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that a rescue is necessary. A mechanical device shall be available to retrieve personnel from vertical type permit spaces more than 5 feet deep.
      If an injured entrant is exposed to a substance for which a Material Safety Data Sheet (MSDS) or other similar written information is required to be kept at the worksite, that MSDS or written information shall be made available to the medical facility treating the exposed entrant. Emergency response will be provided by the local fire department. In the event of an emergency, contact the following by radio and declare a 911 emergency for assistance Call for Car 29, on CH 2. Give location and state what kind of emergency you have. If you can't reach Car 29, call for the City Office (sic) on CH 1 and give location and what kind of emergency you have. (Ord. 96-3, S9, 1996)
Rescue and Emergency Services provided by Outside Service. When an employer (host employer) arranges to have persons other than the host employer's employees perform permit space rescue, the host employer shall:
1. Inform the rescue service of the hazards they may confront when called on to perform rescue at the host employer's facility; and
2. Provide the rescue service with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice
  rescue operations. (Ord. 96-3, S9, 1996)

3.20.100 Lockout/Tagout Program. Town of Ferdinand; Electric Department; Fire Department; Parks Department, Police Department; Street Department; Wastewater Department; Water Department.

General. Lockout is the preferred method of isolating machines or equipment from energy sources.
Purpose. This procedure establishes the minimum requirements for the lockout or tagout of energy isolating devices. It shall be used to ensure that the machine or equipment is isolated from all potentially hazardous energy, and locked out or tagged out before employees perform any servicing or maintenance activities where the unexpected energization, startup or release of stored energy could cause injury.
Responsibility. All employees shall be instructed in the safety significance of the lockout/tagout procedure. Each new or transferred affected employee and other employees whose work operations are, or may be in the area, shall be instructed in the purpose and use of the lockout/tagout procedure by the department superintendent.
Preparation for Lockout/Tagout. Before work is to begin on any machines or equipment, each employee shall make certain which switch(s), valve(s), or other energy isolating devices apply to the equipment to be locked or tagged out. More than one energy source may be involved. All energy sources shall be locked or tagged out.
Sequence of Lockout/Tagout Procedure.
1. Notify all affected employees that a lockout/tagout system is going to be utilized and the reason therefore. The authorized employee shall know the type and magnitude of energy that the machine or equipment utilizes and shall understand the hazards thereof.
2. If the machine or equipment is operating, shut it down by the normal stopping procedure.
3. Operate the switch, valve, or other energy isolating device(s) so that the equipment is isolated from its energy source(s). Stored energy (such as that in springs, elevated machine members, rotating flywheels, hydraulic systems, and air, gas, steam, or water pressure, etc.) must be dissipated or restrained by methods such as repositioning, blocking, bleeding down, etc..
4. Lockout and/or tagout the energy isolating devices with assigned individual lock(s) or tag(s) method(s) selected.
5. After ensuring that no personnel are exposed, and as a check on having disconnected the energy sources, operate the push button or other normal operating controls to make certain the equipment will not operate. CAUTION: Return operating control(s) to the "neutral" or "off" position after the test.
Restoring Machines or Equipment to Normal Production Operations.
1. After the servicing and/or maintenance is complete and equipment is ready for normal production operations, check the area around the machine or equipment to ensure that no one is exposed.
2. After all tools have been removed from the machine or equipment, guards have been reinstalled and employees are in the clear, remove all lockout/tagout devices. Operate the
  energy isolating devices to restore energy to the machines or equipment.
Procedure Involving more than One Person. In the preceding steps, if more than one individual is required to lockout or tagout equipment, each shall place his/her own personal lockout/tagout device on the energy isolating device(s). When an energy isolating device cannot accept multiple locks or tags, a multiple lockout/tagout device (hasp) may be used. If lockout is used, a single lock may be used to lockout the machine or equipment with the key being placed in a lockout box or cabinet which allows the use of multiple locks to secure it. Each employee will then use his/her own lock to secure the box or cabinet. As each person no longer needs to maintain his/her lockout protection, that person will remove his/her lock from the box or cabinet.
Basic Rules for Using Lockout/Tagout System Procedure. All Equipment shall be locked out or tagged out to protect against accidental or inadvertent operation when such operation could cause injury to personnel. Do not attempt to operate any switch, valve, or other energy isolating device where it is locked or tagged out.
Lockout/Tagout Forms. Any employee using the lockout/tagout procedure must also fill out the lockout/tagout form before starting. (Ord. 96-3, S10, April 8, 1996)

Chapter 3.25 — PERSONNEL POLICY

Sections:

3.25.005 Introduction
3.25.010 Status Qualifications
3.25.020 Hours of Work
3.25.030 Pay System
3.25.040 Overtime Compensation
3.25.050 Paid Vacation
3.25.060 Sick Leave
3.25.070 Paid Holidays
3.25.080 Personal Day
3.25.090 Bereavement Leave
3.25.100 Military Leave
3.25.110 Leave Without Pay
3.25.120 Jury Duty
3.25.130 Insurance Benefits
3.25.140 Deferred Compensation Plan
3.25.150 Uniform or Clothing Allowance
3.25.155 Use of Equipment, Tools, Vehicles
3.25.160 Use of Telephone
3.25.170 Drug-Free Workplace
3.25.180 Commercial Drivers License, Safety Sensitive Positions, and Safety Impact Positions
3.25.190 Equipment
3.25.200 Safety Programs
3.25.210 Termination
3.25.220 General
3.25.230 Conflicts with Municipal Ordinance
3.25.240 Acknowledgment of Receipt

3.25.005 Introduction.

The Town of Ferdinand is an Equal Opportunity employer and does not discriminate on the basis of race, color, gender, national origin, age, or disability in employment or the provision of services. (Ord. 2001-4, Introduction I, Feb. 14, 2001) (Ord. 97-10, Introduction I, October 14, 1997)
It is the intent of the Town of Ferdinand to supply each Department Head, and Employee with a comprehensive collection of personnel policies and procedures. These policies and procedures are developed and standardized to increase understanding, reduce the need for individual decision-making on matters of policy, and to establish a consistent manner of enforcement and fair and equitable treatment of all employees throughout all departments of the Town. (Ord. 2001-4, Introduction II, Feb. 14, 2001) (Ord. 97-10,
Introduction II, October 14, 1997)
It is the responsibility of each Department Head and/or Supervisor to administer these policies in a consistent and impartial manner. (Ord. 2001-4, Introduction III, Feb. 14, 2001) (Ord. 97-10, Introduction III, October 14, 1997)
It is the responsibility of every Town Employee to read and be aware of the policies and procedures for the Town of Ferdinand outlined in this manual. (Ord. 2001-4, Introduction IV, Feb. 14, 2001) (Ord. 97-10, Introduction IV, October 14, 1997)
Each Town Employee is expected to abide by the rules and policies set forth by the Town of Ferdinand and by his/her Department. (Ord. 2001-4, Introduction V, Feb. 14, 2001) (Ord. 97-10, Introduction V, October 14, 1997)
The contents of this personnel policy handbook are presented as a matter of information only. This personnel policy handbook cannot anticipate every situation or answer every question about employment. The policies set forth in this handbook may not apply in every situation. The Town of Ferdinand must demonstrate flexibility in the administration of policies and procedures and reserves the right to modify, revoke or change any or all such policies and procedures, in whole or in part, at any time without prior notice. Any such action shall apply to existing employees, as well as future employees. (Ord. 2001-4, Introduction VI, Feb. 14, 2001) (Ord. 97-10, Introduction VI, October 14, 1997)
The language in this personnel policy handbook is not intended to create nor is to be construed to constitute a contract of employment, express or implied, or a promise of employment for any specific period of time. This personnel policy handbook and its policies do not in any way modify an employee's at-will employment relationship with the Town. Employment with the Town of Ferdinand may be separated at-will at any time by the employee or the Town of Ferdinand, without prior notice or cause. (Ord. 2001-4, Introduction VII, Feb. 14, 2001) (Ord. 97-10, Introduction VII, October 14, 1997)

3.25.010 Status Qualifications.

All employees will be included in one of the following status classifications:
1. Full Time: an employee working 40 hours or more per week on a continuing basis.
2. Part Time: an employee working less than 40 hours per week on a continuing basis.
3. Temporary or Seasonal: an employee scheduled to work on a job for a short or limited duration such as summer employees. (Ord. 2001-4, S1, Feb. 14, 2001) (Ord. 97-10, S1, October 14, 1997)

3.25.020 Hours of Work.

Standard Work Hours for Departments: 7:00 AM to 3:30 PM Mon. - Fri. The scheduled work day and work week will be as determined by the individual Department Head and hours may vary from Department to Department based on business and staffing needs. (Ord. 2001-4, S2I, Feb. 14, 2001) (Ord. 97-10, S2I, October 14, 1997)
Town Office Hours: 7:30 AM to 4:30 PM Monday through Thursday; 7:30 AM to 6:00 PM Friday The Clerk-Treasurer may adjust these hours from time to time based on business and staffing needs. (Ord. 2003-02, S1, Mar. 12, 2003) (Ord. 2001-4, S2II, Feb. 14, 2001) (Ord. 97-10, S2II, October 14, 1997)
Lunch Period: 12:00 PM to 12:30 PM A non-paid lunch period of varying lengths will be given to employees according to each department policy. This can be altered by the Department Head based on business and staffing needs. (Ord. 2001-4, S2III, Feb. 14, 2001) (Ord. 97-10, S2III, October 14, 1997)
Breaks: One thirty minute break shall be allowed each morning. The start time for the break shall be determined by the Department Head according to each department's policy and as business needs require. (Ord. 2003-02, S2, Mar. 12, 2003) (Ord. 2001-4, S2IV, Feb. 14, 2001) (Ord. 97-10, S2IV, October 14, 1997)
Clean-up Periods: Those employees requiring clean-up will be allowed a clean-up period. (Ord. 2001-4, S2V, Feb. 14, 2001) (Ord. 97-10, S2V, October 14, 1997)
Call Time: All employees are subject to call to duty at reasonable times and must respond to emergency calls, unless physically unable to do so. The employee will be paid a minimum of two (2) hours at time and one half when called out. (Ord. 2001-4, S2VI, Feb. 14, 2001) (Ord. 97-10, S2VI, October 14, 1997)
Call Week: Electric and Water employees will periodically be assigned a "call week." The employee is subject to call to duty for emergencies anytime during his/her call week. The employee shall be paid a fee set by the Town Council for his/her assigned call week, as well as paid a minimum of two (2) hours at time and one half when called out. (Ord. 2001-4, S2VII, Feb. 14, 2001) (Ord. 97-10, S2VII, October 14, 1997)
Special Meeting Pay: Department Heads are required to attend the first regularly scheduled monthly Town Council Meeting and to present a Department status report. If unable to attend, the Department Head shall make arrangements for a Department employee to appear in his place and present the report. Department Heads or their designated employee shall be paid for their time spent at the meeting and shall be paid at a minimum, the equivalent of one hour of straight time. Police Department officers are required to attend a monthly Police Department meeting and, if off duty at the time of the scheduled meeting, shall be paid for their time spent at the meeting and shall be paid at a minimum, the equivalent of one hour straight time. (Ord. 2003-02, S3, Mar. 12, 2003) (Ord. 2001-4, S2VIII, Feb. 14, 2001) (Ord. 97-10, S2VIII, October 14, 1997)
Wastewater Employees that are on call will be paid a minimum of one (1) hour overtime to check on the wastewater plant on Saturday or Sunday. (Ord. 2001-4, S2IX, Feb. 14, 2001)

3.25.030 Pay Systems.

The pay period is every two weeks as established by the Clerk-Treasurer. (Ord. 2001-4, S3I, Feb. 14, 2001) (Ord. 97-10, S3I, October 14, 1997)
The normal work week beings on Friday and ends on Thursday. (Ord. 2001-4, S3II, Feb. 14, 2001) (Ord. 97-10, S3II, October 14, 1997)
Honesty in the use of time card is essential.
1. No one may check anyone other than himself/herself either in or out at any time.
2. Each time card must be given to the Department Head.
3. Employees will clock in the cards at the beginning of the scheduled work period and at the end of his/her shift. (Ord. 2001-4, S3III, Feb. 14, 2001) (Ord. 97-10, S3III, October 14, 1997)

3.25.040 Overtime Compensation.

Policy
Employees will be compensated for overtime worked when operating requirements or other needs cannot be met during regular working hours. Overtime will be calculated after 40 hours of work each week at a rate of regular pay plus one-half, except policeman and fireman as per state statute. (Ord. 2001-4, S4I, Feb. 14, 2001) (Ord. 97-10, S4I, October 14, 1997)
Scope
This policy applies to all Town employees. (Ord. 2001-4, S4II, Feb. 14, 2001) (Ord. 97-10, S4II, October 14, 1997)
General
Actual hours worked, as well as sick leave, vacation leave, personal day leave and holiday time shall be used in computing total hours worked in any given work week or work period for overtime compensation calculations. (Ord. 2001-4, S4III, Feb. 14, 2001) (Ord. 97-10, S4III, October 14, 1997)

3.25.050 Paid Vacation.

Policy
The Town of Ferdinand recognizes the policy of awarding paid vacation leave to its employees. (Ord. 2001-4, S5I, Feb. 14, 2001) (Ord. 97-10, S5I, October 14, 1997)
Scope
Employees must be employed full-time for one (1) year from date of hire as a full-time employee before they are eligible to take vacation time. No temporary or part-time employee is eligible to earn or qualify for vacation time. (Ord. 2001-4, S5II, Feb. 14, 2001) (Ord. 97- 10, S5II, October 14, 1997)
General
1. An employee shall accrue vacation time as hereinafter set out. The amount of paid vacation time an employee receives increases on the anniversary date of his/her date of hire as shown in the following schedule:
  Complete Years of Service Days Per Year
  (12 months of service)
  1 Year to 5 Years 5 Days
  5 Years to 10 Years 10 Days
  10 Years to 20 Years 15 Days
  20 Years and over 20 Days
2. Vacation benefits are calculated from date of hire, however an employee is not eligible to take vacation time until he/she has been employed with the Town for one (1) year. Vacation time is earned and accrued in one year based on date of hire, must be taken in the following year and does not carry over into subsequent years. However, special written approval for additional carry over of accrued and unused vacation time may be obtained based upon the business and staffing needs as determined by the Department Head and Clerk-Treasurer.
3. Vacation time may not be taken in advance of having earned said time and only current employment time shall be used in computing vacation time.
4. Employees must take vacation leave in increments of at least one hour or more.
5. Vacation leave shall be requested a minimum of five work days in advance of the requested start date.
6. Vacations leave will be granted at a time which is mutually acceptable to the employee and the Department Head, consistent with the nature of the service provided by the department in which he/she is employed. Vacation leave for Department Heads and Park Department employees will be granted at a time which is mutually acceptable to the Department Head or Park Department employee and Clerk- Treasurer, consistent with the nature of the service provided by the department in which he/she is employed.
7. Vacation pay for each day of vacation shall be determined by multiplying the employee's regular hourly wage rate by the number of hours in his/her regular work week and dividing such number by five.
8. Upon termination of employment, employees are entitled to payment for the unused balance of their accrued vacation time. An employee's termination date may not be extended to include accrued and unused vacation time. The employee's termination date shall always be the last day worked.
9. The Clerk-Treasurer will be responsible for maintaining permanent records available for public inspection of:
  1. Approved accumulated vacation time in accordance with Paragraph (3)-B above.
  2. Absences due to vacation leave. (Ord. 2001-12, SI, Aug. 8, 2001) (Ord. 2001-4, S5III, Feb. 14, 2001) (Ord. 97-10, S5III, October 14, 1997)

3.25.060 Sick Leave.

Policy
The Town of Ferdinand recognizes the policy of granting paid sick leave for its employees within certain limitations. (Ord. 2001-4, S6I, Feb. 14, 2001) (Ord. 97-10, S6I, October 14, 1997)
Scope
Employees must be employed full-time for six (6) months from date of hire as a full-time employee before they are eligible to qualify for paid sick leave. (Ord. 2001-4, S6II, Feb. 14, 2001) (Ord. 97-10, S6II, October 14, 1997)
General
1. Sick leave is a privilege granted to an eligible employee as a protection in the event he/she becomes ill and is unable to work.
2. Each eligible full-time employee of the Town shall receive five (5) days of sick leave per calendar year.
3. The following limitations apply to use of sick leave:
  1. Sick leave shall only be used for personal illness or the illness of a parent, step-parent, spouse, child, stepchild, father-in-law, or mother-in-law which absolutely necessitates the employee's absence from the employee's duties.
  2. The employee or someone on the employee's behalf shall notify the Department Head of the absence of the employee as soon as possible prior to the scheduled hours of work. If a Department Head or Park Department employee intends to take sick leave, the Department Head or someone on the Department Head or Park Department employee's behalf should notify the Clerk-Treasurer of his/her absence as soon as possible prior to the scheduled hours of work.
  3. The presentation of a physician's written certificate of illness shall be required when three (3) consecutive days or more of sick leave is claimed, or when less than three (3) days sick leave is claimed but the Department Head or Clerk-Treasurer deems a certificate necessary because of suspected sick leave abuse.
  4. The Clerk-Treasurer shall be responsible for keeping records available for public inspection of accumulated sick leave and the number of sick leave days claimed.
  5. Sick leave benefits are solely intended to provide income protection in the event of illness or injury, and may not be used for any other absence. Employees will not be paid for unused sick leave benefits while they are employed or at termination.
  6. Accumulation of sixty (60) days shall be permitted. (Ord. 2001-4, S6III, Feb. 14, 2001) (Ord. 97-10, S6III, October 14, 1997)

3.25.070 Paid Holidays.

Policy
The Town of Ferdinand designates certain days to be observed as paid holidays. (Ord. 2001-4, S7I, Feb. 14, 2001) (Ord. 97-10, S7I, October 14, 1997)
Scope
This policy shall apply to all full-time Town employees. (Ord. 2001- 4, S7II, Feb. 14, 2001) (Ord. 97-10, S7II, October 14, 1997)
General
All full-time employees shall receive time off for the following holidays with full pay provided the employee does not have an unexcused absence from work the day preceding and following the paid holiday:
1. New Years Day
2. Good Friday
3. Memorial Day
4. Independence Day
5. Labor Day
6. Thanksgiving Day
7. Christmas Eve
8. Christmas Day
9. Any other day designated by the Town Council If any holiday falls on a Saturday, the preceding Friday shall be the observed holiday. If any holiday falls on a Sunday, the following Monday shall be the observed holiday. This designation may be altered by the Town Council prior to the holiday. (Ord. 2001-4, S7III, Feb. 14, 2001) (Ord. 97-10, S7III, October 14, 1997)

3.25.080 Personal Day.

Policy
The Town of Ferdinand recognizes that there sometimes arises a need to have a day to attend to personal demanding business by its employees. (Ord. 2001-4, S8I, Feb. 14, 2001) (Ord. 97-10, S8I, October 14, 1997)
Scope
This policy covers all full-time Town employees. (Ord. 2001-4, S8II, Feb. 14, 2001) (Ord. 97-10, S8II, October 14, 1997)
General
1. Each full-time employee of the Town shall receive one personal day per calendar year which may be used by the employee to attend to a personal need or obligation without loss of pay.
2. Each employee shall be paid his/her regular hourly rate of pay for the regularly scheduled work hours per day.
3. Personal day leave must be taken in the current calendar year and does not carry over into the following calendar year.
4. Notification of use of personal day leave must be made by the employee to his/her Department Head prior to the week day to be taken off. Department Heads or Park Department employees must notify the Clerk-Treasurer of use of personal day leave prior to the week day to be taken off.
5. The Clerk-Treasurer shall be responsible for keeping records available for public inspection of personal days taken. (Ord. 2001-4, S8III, Feb. 14, 2001) (Ord. 97-10, S8III, October 14, 1997)

3.25.090 Bereavement Leave.

Policy
The Town of Ferdinand recognizes that in the event of a death in the immediate family much planning and expense is involved and employees need time to complete arrangements. (Ord. 2001-4, S9I, Feb. 14, 2001) (Ord. 97-10, S9I, October 14, 1997)
Scope
The scope of this policy covers all full-time employees. (Ord. 2001-4, S9II, Feb. 14, 2001) (Ord. 97-10, S9II, October 14, 1997)
General
1. Each full-time employee of the Town shall receive up to three (3) days leave at their regular rate of pay and hours in the event of the death of the employee's spouse, child, stepchild, father, mother, father-in-law, mother-in-law, brother, or sister.
2. In the event of a death of any other relative or close friend, the personal day privilege should be utilized.
3. The Clerk-Treasurer shall be responsible for keeping records available for public inspection of days taken for bereavement. (Ord. 2001-4, S9III, Feb. 14, 2001) (Ord. 97-10, S9III, October 14, 1997)

3.25.100 Military Leave.

Policy
A military leave of absence will be granted to all full-time Town employees to attend scheduled drills or training, or to respond to call to active duty with the U.S. armed services. (Ord. 2001-4, S10I, Feb. 14, 2001) (Ord. 97-10, S10I, October 14, 1997)
Scope
This covers all full-time Town employees who are members of the U.S. armed services. (Ord. 2001-4, S10II, Feb. 14, 2001) (Ord. 97-10, S10II, October 14, 1997)
General
1. Employees with appropriate military orders will be granted paid leave for annual training for Reserve or National Guard for a period of up to fifteen (15) days per year.
2. To receive such a leave, the employee must bring his/her military order to his/her Department Head at least 90 days prior to departure or immediately upon receipt. A Department Head or Park Department employee must bring his/her military order to the Clerk-Treasurer at least 90 days prior to departure or immediately upon receipt.
3. Upon return, an employee should bring in his/her fulfillment papers with dates of day reported and day released contained within to his/her Department Head. Upon return, a Department Head or Park Department employee should bring in his/her fulfillment papers with dates of day reported and day released contained within to the Clerk-Treasurer.
4. Employees who are on a military leave which is longer than fifteen (15) days must notify the Town of their intent to return to employment in accordance with all applicable state and federal laws. (Ord. 2001-4, S10III, Feb. 14, 2001) (Ord. 97- 10, S10III, October 14, 1997)

3.25.110 Leave Without Pay.

Policy
It is the policy of the Town of Ferdinand to grant extended leave without pay under certain conditions. (Ord. 2001-4, S11I, Feb. 14, 2001) (Ord. 97-10, S11I, October 14, 1997)
Scope
This applies to all full-time and part-time Town employees. (Ord. 2001-4, S11II, Feb. 14, 2001) (Ord. 97-10, S11II, October 14, 1997)
General
1. Leave without pay will be granted as a protection to the Town employees for extended time off work for the following reasons only:
  1. Extended illness
  2. Educational or training needs
  3. Maternity leave
  4. Other reasons deemed necessary by the Department Heads and Clerk-Treasurer upon notification.
2. Written notification of requested leave must be made by the requesting employee to the Clerk-Treasurer and the Department Head prior to the leave, stating:
  1. The reasons for the leave, and
  2. The anticipated duration with approximate beginning and ending dates.
3. The maximum time an employee may be on extended leave is six ( 6) months.
4. An employee's return to work to the same job level, job, or salary level will not be guaranteed, but the department which grants the leave will try to reinstate the employee to a position of comparable status and pay to the one vacated for the leave, to the extent possible.
5. An employee on leave may be required to give progress reports as to the status of his/her condition throughout the duration of the leave.
6. Leave for illness or maternity may be granted after the exhaustion of all accrued sick leave, vacation leave, and personal day leave.
7. In all other cases, leave without pay may be granted without the exhaustion of all accrued sick leave, vacation leave, and person day leave.
8. The Clerk-Treasurer shall be responsible for keeping available for public inspection records of both denied and granted leaves without pay. (Ord. 2001-4, S11III, Feb. 14, 2001) (Ord. 97-10, S11III, October 14, 1997)

3.25.120 Jury Duty.

Policy
The Town of Ferdinand grants to its employees, who are required to serve on a jury, time off without loss of pay under certain conditions. (Ord. 2001-4, S12I, Feb. 14, 2001) (Ord. 97-10, S12I, October 14, 1997)
Scope
This policy covers all full-time and part-time employees. (Ord. 2001- 4, S12II, Feb. 14, 2001) (Ord. 97-10, S12II, October 14, 1997)
General
1. All employees who are required to serve on a jury shall receive time off with pay provided employees give the Department Head prior notification. A Department Head or Park Department employee who is required to serve on a jury shall give the Clerk-Treasurer prior notification.
2. The employee shall be paid the difference between jury duty pay and his/her regular work day pay. (Ord. 2001-4, S12III, Feb. 14, 2001) (Ord. 97-10, S12III, October 14, 1997)

3.25.130 Insurance Benefits.

Policy
All full-time employees of the Town shall receive Hospital, Health, Life and Workers Compensation Insurance Benefits. (Ord. 2001-4, S13I, Feb. 14, 2001) (Ord. 97-10, S13I, October 14, 1997)
Scope
This policy applies to all full-time employees of the Town of Ferdinand along with their spouse and dependent children. (Ord. 2001-4, S13II, Feb. 14, 2001) (Ord. 97-10, S13II, October 14, 1997)
General
1. All full time employees of the Town of Ferdinand and their spouse and dependent children shall receive paid hospital, health, life insurance benefits, to the extent determined by the Town Council from time to time.
2. The above named policies for hospital, health, life, and workers compensation insurance will be on file for public inspection with the Clerk-Treasurer and the contents thereof will define the limits of all benefits provided.
  1. Monthly premium payments shall be deducted from the employee's pay for the above stated insurance benefits at a rate determined by the Town Council. (Ord. 2001-4,
    S13III, Feb. 14, 2001) (Ord. 97-10, S13III, October 14, 1997)
Premium Contribution of the Town of Ferdinand Toward Insurance Coverage and Eligibility of the Spouse and/or Dependent Children of Covered Employees and Certain Eligible Employees.
1. The Town of Ferdinand shall provide payment of 86% of the premium payment for all full-time employees of the Town of Ferdinand who, as of the date of passage of this Ordinance, are covered employees, as defined herein, and the spouse and/or dependent children of full-time employees of the Town of Ferdinand who, as of the date of passage of this Ordinance, are covered employees, as defined herein, and are covered under the hospital/medical/health insurance plan offered to the covered employee by the Town of Ferdinand as of the date of the passage of this Ordinance.
2. The remainder of the premium payment shall be the responsibility of the covered employee and shall be deducted from the covered employee's pay for the above stated insurance benefits.
3. To qualify for such benefits, the covered employee and the spouse and/or dependents of the covered employee must be covered under the Town of Ferdinand's hospital/medical/health insurance plan on the date of the passage of this Ordinance.
4. Nothing herein shall be construed as requiring the Town of Ferdinand to contribute any payment whatsoever toward the insurance premiums of an otherwise eligible employee or the spouse and/or dependents of an otherwise eligible employee who is not a "covered employee", as defined herein as of the date of the passage of this Ordinance, other than to the extent herein provided.
5. Additions to and Changes in Coverage.
  1. In order to request any additions to or changes in coverage allowed under the existing policies of insurance, the covered employee must make an appropriate election to add to or change his or her existing insurance coverage. In the event that an employee's election to add to or change his or her coverage results in an increase in the insurance premium for that insurance coverage, the following rules shall apply.
  2. New hires and any employee electing to change insurance coverage from and after the date of passage shall be required to fill out a form similar to that which is attached hereto as Exhibit #1 at the time the employee makes the election to obtain coverage or elects to add or change his or her coverage.
  3. In an effort to help hold down the cost for our health insurance plan for our employees and the Town of Ferdinand, we will be implementing, prospectively, a new eligibility definition called the "Working Spouse Rule."
    1. The "Working Spouse Rule" will apply, prospectively, to new hires and, upon passage, to current employees who make elections to add or change their coverage and employees who are or become eligible for insurance coverage through their employment with the Town of Ferdinand after the date of the passage of this Ordinance.
    2. Definition of the "Working Spouse Rule". A fulltime working spouse of either a covered employee or a full-time employee of the Town of Ferdinand otherwise eligible for insurance coverage under the Town of Ferdinand's hospital/medical/health insurance plan must be enrolled in his or her own employer's group insurance if it is available by reason of his or her current employment and will not be an eligible dependent on the Town of Ferdinand's plan. If the full-time working spouse is not eligible for group insurance through his or her employer, then proof of ineligibility must be provided. The non-eligibility decision must be for reasons acceptable to the Internal Revenue Service and the Department of Labor. The Town of Ferdinand must be given proof of non-eligibility acceptable to it. If a full-time working spouse does not have insurance available by reason of his or her current employment, proof of the unavailability of such insurance must likewise be provided. Written documentation from the working spouse's employer on the employer's letterhead will be considered to be adequate proof of the unavailability of such coverage. For the purpose of this Ordinance, coverage under COBRA shall not be considered to be available coverage due to current employment.
    3. In the event that the employment circumstances of a working spouse, as defined herein, changes, the covered employee has thirty (30) days in which to notify the Town of Ferdinand. This provision applies to situations in which such coverage becomes available or the working spouse becomes eligible for such coverage, in which case the covered employee must advise the Town of Ferdinand in writing and cancel the coverage on the working spouse. Failure to do so may result in a cancellation of coverage retroactive to the date of change.
  4. In the event that an election is made by a covered employee after the date of passage to add a spouse (if the Working Spouse Rule does not render the spouse ineligible) or dependent children to the coverage in existence at the date of passage and that change results in an increase in the amount of the insurance premium to the Town of Ferdinand, then in addition to the portion required to be paid by the covered employee (14%), the covered employee shall also be responsible for and pay an amount equal to pay 50% of the amount by which the Town of Ferdinand's insurance premium has increased. That additional premium payment, along with the portion of the premium that was the covered employee's responsibility prior to the change or addition in coverage, shall be deducted in a lump sum from the employee's pay for the above stated insurance benefits. The additional employee contribution toward the premium payments shall be required only if the change in coverage results in a higher premium to be paid by the Town of Ferdinand.
6. The Town Council reserves the right to limit such benefits from time to time and to the extent determined by the Town Council, even to the exclusion of these benefits. (Ord. 2002- 17, S(4)A-F, Dec. 23, 2002) (Ord. 2000-6, Exhibit A, July 12, 2000)

3.25.140 Deferred Compensation Plan.

Policy
The Town will provide a Deferred Compensation Plan as part of a retirement package know as Internal Revenue Code ("IRC") Section 457, 26 U.S.C. §457. (Ord. 2001-4, S14I, Feb. 14, 2001) (Ord. 97-10, S14I, October 14, 1997)
Scope
Employees must be employed full-time for six (6) months from date of hire as full-time employees before they are entitled to qualify for the Deferred Compensation Plan. (Ord. 2001-4, S14II, Feb. 14, 2001) (Ord. 97-10, S14II, October 14, 1997)
General
The Town will contribute, on a periodic basis, three percent (3%) of each eligible employee's base wages, exclusive of overtime pay, special meeting pay, or on call pay into a Deferred Compensation Plan pursuant IRC Section 457. Employee eligibility will be determined by the plan as it exists from time to time. Employees may authorize contributions from their wages as provided by the plan. (Ord. 2001-4, S14III, Feb. 14, 2001) (Ord. 97-10, S14III, October 14, 1997)

3.25.150 Uniform or Clothing Allowance.

Policy
The Town will provide Uniform or Clothing Allowance to all fulltime employees of the Street Department and Utility Departments. (Ord. 2001-4, S15I, Feb. 14, 2001) (Ord. 97-10, S15I, October 14, 1997)
Scope
Employees must be employed full-time for six (6) months from date of hire as full-time employees of the Street Department, Park Department and Utility Departments before they are entitled to qualify for the Uniform Clothing Allowance. (Ord. 2001-4, S15II, Feb. 14, 2001) (Ord. 97-10, S15II, October 14, 1997)
General
1. All employees of the Street Department, Park Department and Utility Departments will be required to wear a shirt with the Town's logo. Employees in these department will be required to follow their own department's clothing standards.
2. Eligible Street Department employees will be provided with rental uniforms and other required garments.
3. Eligible Sewer Utility Department employees will be provided with rental uniforms and other required garments.
4. Eligible Water and Electric Utility Department employees will be provided with rental uniforms and other required garments.
5. The required garments are limited to:
  1. OSHA Approved Boots
  2. Overhauls
  3. OSHA Approved Work Shoes
  4. Rain Gear (Ord. 2001-4, S15III, Feb. 14, 2001) (Ord. 97- 10, S15III, October 14, 1997)

3.25.155 Use of Equipment, Tools, Vehicles.

Unless approved by the Town Council, personal use of Town equipment, tools, and vehicles is prohibited. Unless generally or specifically authorized by the Department Head for business reasons or for convenience, such property shall be returned by the employee at the conclusion of the employee's hours of work and shall not remain in the employee's personal possession. (Ord. 2003-02, S4, Mar. 12, 2003)

3.25.160 Use of Telephone.

Policy
The Town of Ferdinand recognizes that there sometimes arises the need to make personal phone calls while at the workplace. (Ord. 2001-4, S16I, Feb. 14, 2001) (Ord. 97-10, S16I, October 14, 1997)
Scope
This policy applies to all Town employees. (Ord. 2001-4, S16II, Feb. 14, 2001) (Ord. 97-10, S16II, October 14, 1997)
General
Employees shall make their personal phone calls during their lunch periods and breaks. Employees who make long distance personal phone calls must notify their Department Head of their intent to make a long distance phone call, as well as the number to be called prior to making the personal long distance phone call. Employees will be responsible for paying the costs of all long distance personal phone calls they make. The Town of Ferdinand may take any action deemed necessary to recover the costs of any long distance phone calls not timely paid for by the employee. (Ord. 2001-4, S16III, Feb. 14, 2001) (Ord. 97-10, S16III, October 14, 1997)

3.25.170 Drug-Free Workplace.

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