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600 EMPLOYEE WORK RULES & PROCEDURES

601. CITY WORK RULES - PURPOSE.
     The orderly and efficient operation of the City requires that certain work rules be established. Work rules covering personal standards of conduct as well as standard operating procedures are necessary to protect the health and safety of all employees, maintain uninterrupted service, and protect the City's goodwill and property.
602. IMPLEMENTATION.
     The Human Resources Department shall be responsible for the overall administration of the work rules to include recommending revisions, deletions, or adoption of new rules. Human Resources shall also be responsible for advising supervision on proper implementation of work rules.
603. WORK RULES.
     The following work rules apply to all City employees. These rules are not intended to be all inclusive and the City shall, when it deems appropriate, establish additional rules to ensure effective operation of the City.
     1. Employees must be at their designated work place on time and ready to work. Employees shall remain at work, until the scheduled quitting time, unless permission to leave earlier is granted by their supervisor.
     2. Where operations are continuous, an employee shall not leave his/her post until replaced by the next shift employee or until relieved by the supervisor.
     3. City offices will be staffed at least between 8:00 A.M. and 5:00 P.M. Monday through Friday to provide prompt assistance to City residents. Supervisors will arrange for their office staff members to take staggered lunch hours or shifts so City offices are staffed during these hours.
     4. Employees shall not gather on City premises to conduct any personal business without authorization.
     5. Employees shall follow all safety regulations including wearing safety articles and using protective equipment. Employees shall immediately report accidents or injuries to supervision.
     6. Employees shall be responsible for and shall not misuse City property, records, or other materials in their care, custody, and control. City property, records, or other materials shall not be removed from the premises without written permission from the Section Administrator/Manager.
     7. Employees shall not litter work areas.
     8. Employees shall deal with the public and co-workers in a courteous and professional manner.
     9. PUBLIC STATEMENTS ON BEHALF OF THE CITY. The Public Information Officer, attorneys in the Legal Office, Program Administrators/Managers, Department Directors, and the City Manager are authorized to make public statements on behalf of the City. These individuals may authorize others verbally or in writing to speak on behalf of the City. No City employee will make a public statement on behalf of the City on a matter involving litigation or confidential personnel matters without expressed authority to do so from the City Manager. City employees will direct media inquiries to the appropriate authorized person to address the media’s particular questions.
     10. Prior to the usual reporting time, each employee shall advise supervision of his/her inability to report to work and the reason.
     11. Employees shall immediately report the loss of their badge or identification card to their supervisor. Employees shall not allow other persons to use their badges or identification card at any time.
     12. Employees shall only smoke in designated smoking areas.
     13. Employees will notify their supervisor and the Human Resources Department whenever there is a change that may affect their employment or benefit status.
     14. Employees are responsible for obtaining and renewing any license, certificate, permit, or other credential required in order to perform their job. Moreover, employees are required to report the loss or revocation of any credential to supervision immediately. Failure to report shall result in disciplinary action.
     15. All employees of the City who are required by their duties to wear uniforms will wear regulation uniforms provided by the City as determined by the City Uniform Policy or Standard Operating Procedures of the Las Cruces Fire or Las Cruces Police Department.
     16. In the course of conducting City business, employees shall not park in prohibited areas.
     17. Employees shall not unduly restrict or interrupt work or interfere with the work of others.
     18. Employees shall report for and remain at work only when able to safely perform their job duties.
     19. Employees will notify their immediate supervisor whenever they will be absent, late, or need to leave early.
     20. Employees may not use his/her position to coerce or abuse another person.
     21. Employees may not engage in theft, unauthorized possession or use, vandalism or damage of City property, or private property while in performance of his/her official duties.
     22. Employees shall not fight, engage in horseplay, gamble, use abusive language, assault, including sexual assault, or make threats while on duty or on City premises.
     23. Employees shall not use City facilities or equipment to conduct a personal business during working hours on City premises and shall not remove City property from City premises without prior written consent of the supervisor.
     24. Employees shall not engage in unapproved soliciting or any partisan political activity while on the job.
     25. Employees shall not post notices on the City premises without prior written approval from the appropriate authority.
     26. Employees shall not possess unauthorized weapons, illegal drugs, or alcohol on City premises.
     27. Employees shall not sell, distribute, use, or be under the influence of any illegal drug or alcohol while on City premises or while operating any City owned or leased equipment.
     28. Employee will not engage in personal conduct which interferes with the proper performance of another employee's duties.
     29. Employees shall not falsify time sheets, public records, or claims of illness or injury.
     30. Employees shall not punch or sign another employee's time card or work sheet (except for supervisors signing time sheets for employees under their jurisdiction).
     31. No employee shall engage in any unapproved outside employment or business activity that conflicts with his/her municipal employment. The City Manager must approve any outside employment for full-time employees.
     32. No employee shall harass, discriminate or retaliate against any other employee or citizen.
     33. No employee shall be insubordinate, which is failure to obey a direct lawful order of a supervisor or someone higher in the chain of command.
     34. Employees shall not engage in negligent or careless operation or maintenance of equipment; unsafe practices which endanger the employee, other employees, or the public.
     35. Employees shall not abuse legitimate grievance processes resulting in repeated unsubstantiated claims.
     36. Employees will make themselves available, participate fully in all administrative investigations and be completely honest in said participation.
     37. All employees shall immediately notify Risk Management following any accident or citation received in the course of operating City equipment.
     38. No City employees shall solicit anything of value from a citizen or business for services that the City is expected to provide.

603A.  E-MAIL, INTERNET AND PC USE

1. ELECTRONIC MAIL POLICY
   Employees provided with E-mail accounts shall regularly read and respond to e-mail in the same way they respond to telephone calls. Employees who do not have E-mail accounts can apply for them through their Department Director. At the request of a Department Director, the Information Technology Department will assign a City E-mail address to an employee. This address is for E-mail purposes only and will not provide the user with browser based capabilities on the Internet.
In general, E-mail correspondence should be short, concise and withstand the scrutiny of public disclosure.
2. All E-mail is subject to the public records laws and will be deleted by City ordinance.
1. Internal E-mail generated by Outlook within the City of Las Cruces shall be for work-related activity only. Union activity via the City’s E-mail system is prohibited.
2. All E-mail messages are the property of the City.
3. Jokes, sent/forward even to other City employees, and the like are not considered City business.
4. Harassing or obscene messages are strictly prohibited and will result in discipline by supervisors.
5. Sending of E-mail computer-wide or City-wide by City employees is prohibited unless approved by the City Manager or designee.
6. With the exception of Information Technology Department personnel relaying computer operational announcements, all City-wide and computer-wide E-mail correspondence must be approved by the City Manager (or designee).
7. Employees with network E-mail access are responsible for reading electronic mail messages in a timely manner. When an individual, who either has a personal electronic mailbox or is responsible for accessing another’s personal electronic mailbox is away from work for a day or longer for any reason, it is their responsibility to set up and auto reply notifying sender.
8. The use of graphics alone or as background or animations, emoticons and highly stylized fonts are prohibited as it adds load to the system and can make them hard to read.

3. Monitoring of Electronic Mail
   All electronic mail messages are the property of the City of Las Cruces. As a matter of general policy, the City will not read electronic mail messages. However, the City reserves the right to access messages under the following circumstances or when determined by the City Manager:
   1. When necessary to investigate a possible violation of City policy;
   2. When reasonable suspicion exists that a user has committed or is committing a crime; or
   3. When internal or external investigations are requested by the City Manager; and
   4. When necessary to support the City’s need for supervision, control and efficiency in the workplace.

   General computer monitoring is performed by the Internal Audit office. All City computers are monitored for excessive personal usage and inappropriate content. Computer monitoring may be performed by the Internal Audit Office at a more detailed level under the circumstances noted above.

   When an employee ends employment with the City, the Human Resources Department shall notify the Information Technology Department immediately to ensure that the list of Internet users is kept up to date. The users’ mail is accessed for the purpose of ensuring compliance with the public records law.

4. INTERNET POLICY
   This policy is to ensure that privacy, security and legal issues concerning Internet access and use are addressed, and that guidelines are established to ensure proper use of this tool by City employees.
   1. Requesting Internet Access
      The Information Technology Department will grant an employee Internet browsing access at the request of the respective Department Director. Each user will sign the Computer Usage Form acknowledging the following:
      1. The employee will follow the established Internet policies;
      2. exchanges that occur in the course of conducting City business on the Internet will be considered a communication of the City and held to the same standards as formal letters; and
      3. the Internal Audit Office has the responsibility to monitor the Internet activity.

   2. Acceptable Use
      The use of any City-provided publicly accessible computer network such as the Internet is a privilege. Unauthorized use of the Internet will result in the loss of access for the user and may result in disciplinary action, up to and including termination.
      City employees have an obligation to use their Internet access in a responsible and informed way, conforming to network etiquette, customs and courtesies, and representing the City in a positive manner.
      1. Performance of job responsibilities
         During working hours, employees shall use the Internet for business and work-related communication only. Users may use internet access during lunch periods and after normal working hours for personal use providing such use does not violate the Prohibited Use portion of this policy.
         Examples of job related responsibilities include: accessing external databases, searching online public access information, disseminating documents to individuals or groups, participating in electronic mail discussion groups on job related topics, and gaining access to software user support information utilized in City job.
      2. Professional Development
         The Internet may be used to maintain professional and career development activities.
         Examples of appropriate use include: communicating with members of work-related professional organizations, collaborating on articles and other writing, reviewing information on professional or career development topics.
   3. Rules for Use of the Internet
      Messages transferred via the Internet are public information. If you desire to transmit confidential communications or sensitive information, do not use the Internet.
      Material which is statutorily exempt from New Mexico State Statutes, shall NOT be entered on the Internet (i.e., home addresses, phone numbers, social security numbers, or other personal information for police officers or code enforcement officers).
      Users are responsible and accountable for communications on the Internet and shall treat the Internet as a formal communications tool similar to the telephone or any written communications.
      Computer network facilities outside the City may have their own policies governing the use of those resources. When accessing remote computers through City facilities, users are responsible for obeying both the policies set forth in this document and the policies of other organizations.
      Computers shall not be left unattended in a state for long periods of time, which affords inappropriate access to City records, or otherwise compromises system security. All computers shall be shut-down and turned off at the end of the work day.
   4. Anonymity on the Internet
      The City’s Domain Name Server is traceable to the City. Users using City-provided Internet accounts should not assume they are provided any degree of anonymity. Outside users who want to identify machines associated with the City can do so easily.
   5. Downloading of Files
      It will be prohibited to download from the internet including but not limited to such programs as Hotbar and Weatherbug, these programs install Spyware on the computer. Any form of music file is also prohibited because unless authorized by Information Technology, these files pose the risk of copyright infringements and use of resources.
      Acceptable downloads are work-related documents used in performance of work duties.
   6. Streaming Audio
      The use of Streaming Audio uses valuable band width and may not be used for entertainment eg. Radio stations or other music services. It is however, permitted to use these services for official use such as training, conferencing, and listening to City Council meetings as approved by management.
   7. Prohibited Use
      Prohibited use of the Internet and Intranet includes, but is not limited to, the following:
      1. Use of the Internet for profit-making activities is strictly prohibited;
      2. Employees shall not use these services or resources to slander, defame, harass, discriminate or sexually offend others;
      3. Employees shall not use Internet nor e-mail services to conduct non-city commercial activity;
      4. Employees shall not use the Internet nor e-mail service to conduct other inappropriate activities, including but not limited to:
         1. Unlawful or malicious activities; or abusive or objectionable language;
         2. Misrepresentation of the City;
         3. Activities such as sending frivolous or non-city work related group messages, chain e-mails, jokes or participating in chat rooms;
         4. Use of the Internet to access obscene, pornographic and X-rated materials, or using such computers for gambling, or entering contest;
         5. Use of the Internet or e-mail for communications that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on race, national origin, sex, sexual orientation, age, disability or religious beliefs;
         6. Using systems to transmit or receive sexually explicit or otherwise offensive images, messages or cartoons;
            • Threats;
            • Political endorsements;
            • Sending copies of documents in violation of copyright laws;
            • Sending e-mail that appears to have come from someone else;
            • Subscribing to automatic electronic mailings; other than professional organization that are City business;
            • Posting on electronic bulletin boards material that violates existing laws or the City of Las Cruces Work Rules.

         7. Attempting to monitor or tamper with another user’s electronic communications, or reading, copying, changing, or deleting another user’s files or software without the explicit agreement of the owner. Files owned by individual users are to be considered private property, whether or not they are accessible by other users;
         8. Activities will not be considered misuse when authorized in writing by the City Manager for administrative purposes;
         9. Programs and files are considered confidential unless they have explicitly been made available to other individuals. Information Technology Department and Internal Audit personnel may access files when necessary through the approval of Human Resources Department or the Department Director. While in accordance with the requirements of performing their assigned duties, if violations are discovered, they will be reported immediately to the director of that department and the Internal Audit Office; or
         10. Downloading of software products from Internet sites is not permitted without the prior approval of the Information Technology Department.
         Violations of these policies may result in disciplinary action, up to and including termination.
      5. PC POLICY
         1. During working hours, computer equipment is to be used only for the purpose for which it is assigned and is not to be used for non-governmental business unless approved by your director.
         2. During non-working hours, employees may use their City supplied computer equipment for personal, non-business, use as long as they comply with the other provisions of these policies.
         3. The following conditions apply to all computer users of the City. Violations of any of the conditions are considered unethical and may be unlawful. An individual’s computer use privileges may be suspended immediately upon the discovery of a possible violation of these policies and the individual may be subject to discipline, up to and including termination. Suspected violations will be reported by the Information Technology Department or the Internal Audit Office to the appropriate director or designee.
      6. NEW APPLICATIONS:
         Users shall not install any applications onto a City PC. Users can request that special applications be installed to the network by submitting a problem request located on the Intranet under Information Technology through their Department Director. The software media, installation documentation and proof of license must accompany the request. The Information Technology Department adheres to all applicable software copyright policies and will not install software without a license. All outside diskettes received from third parties must be checked by the Information Technology Department for viruses. If an employee has access to the Internet from home or other sources, transport of files to the City network is strictly prohibited unless the Information Technology Department has checked and approved the diskettes.
      7. PROHIBITED USE:
         Prohibited uses of the PC includes, but is not limited to, the following:
         1. Using the City of Las Cruces Network to gain unauthorized access to any computer system;
         2. Knowingly or carelessly running or installing on any computer system or network, or giving to another user, a program intended to damage or to place excessive load on a computer system or network. This includes, but is not limited to, programs known as computer viruses, Trojan Horses, and worms;
         3. Attempting to circumvent data protection schemes or uncover security loopholes. This includes creating and/or running programs that are designed to identify security loopholes and/or decrypt intentionally secure data. This also includes programs contained within a login, or under the ownership of a user that are designed or associated with security cracking;
         4. Storing large files on the system which could compromise system integrity or preclude other users right of access to disk storage;
         5. Masking the identity of a user or machine. This includes, but is not limited to, sending mail anonymously;
         6. Using your login for any activity that is commercial in nature i.e. paid for by non-City of Las Cruces Funds. Commercial activities include, but are not limited to, consulting, typing services, and developing software for sale;
         7. COMPUTER USERS AGREE TO RESPECT THE INTEGRITY OF THE SYSTEM. No one should deliberately attempt to degrade the performance of the computer.
         8. Attempts to use other users ID’s without authorization for other than the intended purpose.
         9. Loopholes in computer security systems or knowledge of special passwords should not be used to damage computer systems, obtain extra resources, take resources from another user, gain access to systems or use systems which proper authorization has not been given.
         10. Any attempt to overcome the security systems of the City of Las Cruces is strictly prohibited. Game playing is not allowed on the system during normal working hours.
      8. Software Copyright Policies
         Software copyright policies must be taken seriously. It is unlawful to copy software from third parties or provide unlicensed copies of software packages to other individuals. Computer users agree to the proprietary rights of all software. Computer software protected by copyright is not to be copies from, into or by using city computers, excepting as permitted by law or by contract with the owner of the copyright.
      9. Hardware Policies
         Users shall NOT attempt to change the configurations or setups for any City computers or workstations. This request is the sole responsibility of Information Technology Department personnel. Requests for changes can be made via electronic mail to Information Technology Department personnel or by submitting the request on a problem request form. The SCADA is exempted from this portion of the policy.
      10. Backup of data
          The default drive for your PC will be the mapped drive to the server. The network and MIS staff will do nightly backups of your data that resides on the server. You may make duplicate copies for your desktop. You may not change the default write settings of the PC unless permission has been given from Information Technology Department.

604. UNAUTHORIZED WORK TIME
     Because of FLSA regulation, non-exempt employees are not to commence work prior to the scheduled starting time, work during their meal break, or work past the scheduled end of their shift without prior approval of their immediate supervisor.
     FLSA non-exempt employees who work unauthorized overtime hours shall be counseled and if the practice continues, may be subject to disciplinary action.
605. PAYMENT FOR SERVICES RENDERED. No employee shall receive compensation for services not rendered to the City.
606. COLLECTION OF PAYMENTS. Employees who receive or collect payments for services are charged to ensure that the City receipts for those payments. No employee shall charge for services not rendered nor shall any employee convert payment for services to his/her own use.
607. ALTERATION OF RECORDS. Except to correct errors, employees are prohibited from changing any City record.
608. CONSTRAINT OF BUSINESS OPERATIONS. Employees have freedom of personal association. However, if such association results in unlawful constraint of City business by tactics such as work stoppage, work slow-down, or other such ploys, then affected employees may be subject to disciplinary action.
609. EXPECTATION OF LEGALITY. The municipal government can reasonably expect its employees to obey all City ordinances, state and federal laws. Employees who plead guilty or who are convicted for illegal activities shall be dealt with on a case by case basis and their employment status will be decided accordingly. Employees who are indicted or charged with criminal activity are presumed to be not guilty pending adjudication.
610. DISCIPLINARY ACTION. Employees who violate any of the work rules set forth may be subject to disciplinary action up to and including termination.
611. EMPLOYEE ETHICS POLICY
     City employees may not use their positions for personal gain or to give unwarranted benefit or treatment to any person.
     1. DEFINITIONS:

        “Benefit” – Anything that furthers a person’s financial interest or from which a person hopes to gain in any way.

        “Confidential Information” – Information which by law or practice is not available to the public.

        “Financial Interest” – Any property ownership, management, professional or private interest from which the employee (or family or household member) receives a financial benefit.

        “Official Position” – An office or post of authority in the municipal government for which one has been hired.

        “Person” – Any man or woman and is extended to include any firm, association, corporation or partnership.

     2. Misuse of Official Position. City employees may not use their official position to:
        1. Secure employment or obtain contracts from other organizations;
        2. Accept pay from anyone other than the City for the performance of their official duties;
        3. Take or withhold official action on a matter in which they have an outside personal or financial interest;
        4. Use City time, equipment, property or facilities for personal and/or financial benefit; or
        5. Coerce subordinates in any manner which will result in outside financial benefit to the supervisor.
     3. Improper Gifts. City employees may not solicit or accept gifts of any value that benefit the employee’s personal or financial interest if it can be reasonably inferred that the gift is intended to influence the employee’s actions or judgment. Any gift with a value greater than fifty (50) dollars that is received by an employee whose action can affect the giver, must be reported to the employee’s supervisor immediately. “Gift” includes: money, items of value, services, loans, travel, entertainment, hospitality and employment.
     4. Improper Use or Disclosure of Information. No City employee may use or disclose any information gained from City employment if the use or disclosure could result in a financial or personal benefit to the employee (or to a family or household member), unless that information has already become public. No current employee may use or disclose confidential information acquired during employment.
     5. Improper Influence in Grants, Contracts, Leases, or Loans. No City employee (or immediate family or household member) whose action or inaction can affect the award, administration of a City grant or contractor loan, may apply for, be a part to or have an interest in that City grant, contract or loan.
     6. Improper Representation. No City employee may accept outside payment or financial benefit to represent, advise, or assist an individual in any matter being handled by the employee’s administrative unit.
     7. Outside Employment. No City employee may work outside of City employment if that work is incompatible or in conflict with the proper discharge of official duties. Every City employee must report and obtain prior approval from the City Manager or the City Manager’s designee for any outside employment or services for which the employee is paid. Changes in paid outside employment or services must also be reported and approved by the City Manager of the City Manager’s designee as they occur.
     8. Conflicting Financial Interests. An employee who has substantial financial interests (or who acquires such financial interests) direct or indirect, or any corporation, firm, or person who contracts with the City will disclose that interest in writing to the City Manager.
     9. Aiding a Violation of Employee Ethics Policy. Aiding another City employee to violate this policy is prohibited.
     10. Conflict of Interest in General. City employees shall faithfully discharge their duties and shall refrain from engaging in any outside employment or matters of financial interest incompatible with the impartial, objective, and effective performance of their duties. They shall not realize personal gain in any form that would influence improperly the conduct of their City duties. They shall not knowingly use City funds, position or power for personal or political gain. They shall inform their supervisors in writing of reasonably foreseen potential conflicts.
     11. Avoiding Appearance of Impropriety. City employees are required to accept responsibility for their decisions and the resulting consequences. This includes avoiding even the appearance of impropriety, because appearances affect public confidence. Employees shall not engage in any activity, on or off the job, which reasonably brings into question their impartiality, objectivity, and effective performance of their duties as City Employees.
     12. PROCEDURE:
         1. Notification of Potential Ethical Violations. When an employee is involved in a situation which may be in violation of the Employee Ethics Policy, the employee must not take official action related to that situation and must immediately disclose the matter in writing to the supervisor. The supervisor will provide a written determination of whether a violation exists or will exist. The supervisor may then reassign duties to avoid the violation, direct the removal by the employee of the conflicting personal or financial interest, ask the Ethics Policy Review Committee to evaluate the issue, or seek another solution. The notification form and supervisor response are then reviewed by the normal chain of command.
         2. Complaints of Potential Ethical Violations.
            1. Complaints about the ethical conduct of a current City employee will be filed with the City Manager’s Office.
            2. The City Manager will forward a copy of the complaint to the Ethics Policy Review Committee. The Ethics Policy Review Committee shall review the complaint and determine whether it warrants further investigation. If necessary, the Ethics Policy Review Committee shall investigate the complaint and report its findings and recommendations to the City Manager.
            3. All complaints and investigations will be confidential to the extent allowed by law.
         3. Ethics Policy Review Committee. The Ethics Policy Review Committee will consist of the Finance Director, the City Attorney and the Human Resources Director. The Committee will review in a timely manner questions of ethics violations that are forwarded by department personnel. The Ethics Policy Committee will review ethical questions on a case-by-case basis and provide recommendations that are consistent with the spirit of this Policy.
         4. Discipline. Violation of this Policy will result in discipline up to and including termination. Employee discipline will be administered in accordance with the Manual of Personnel Policies and Procedures.
612. ACCIDENT/INJURY REPORTING AND RETURN TO WORK PROCEDURES
     
     1. POLICY:
        Any City employee who incurs an injury or illness which limits his/her ability to perform one or more of the essential functions of his/her job for a temporary period of time will return to work as soon as possible, consistent with any medical limitations arising from that injury or illness. When an employee is temporarily unable to perform his or her usual and customary duties, the City will endeavor to place the employee in a temporary assignment as long as meaningful and necessary work is available. This assignment will be consistent with the employee’s skills and abilities and any medically necessary work restrictions.
     2. DEFINITIONS:
        Temporary assignment is an alternate assignment within an employee’s current job classification, or an assignment in a different job classification, while recovering from an accident or injury.
     3. GENERAL:
        1. All requirements for temporary assignments will be evaluated on a case-by-case basis with consideration given to the skills and abilities of the employee, the medical or physical restrictions, and the availability of work. The physician’s statement releasing the employee for modified or light duty shall include a description of the injury/illness, prognosis, work restrictions or limitations, the estimated length of time the employee may require modified work and, if applicable, any follow-up treatment or therapy required.
        2. The City may require periodic medical updates from the physician regarding the employee’s ability to perform the duties of the temporary assignment or be released to return to full duty.
        3. The City may require an employee to submit to an examination with a physician chosen by the City at City expense, if the amount of temporary assignment appears to be excessive, if the restrictions/limitations cannot be adequately interpreted or clarified with the employee’s physician, or if the City has reason to believe the employee’s release for duty is inconsistent with job requirements.

     4. WORKERS’ COMPENSATION PROCEDURES
        1. REPORTING ON-THE-JOB INJURIES
           Any employee who is injured by an accident, which arises out of and in the course of employment, shall immediately notify his or her supervisor. The employee and the supervisor shall then prepare a Notification of Accident form and the employee shall report to the Risk Management Office with that form. The employee shall then be sent for medical evaluation and treatment of the injury. Should the injury render the employee unable to report to the Risk Management Office, the supervisor shall be responsible to report to Risk Management.
           If the employee is removed from work by the treating physician, the Risk Management Office shall notify the supervisor.
        2. RETURN TO WORK PROCEDURES
           1. Prior to returning to work, an employee injured in the course of employment shall obtain a release from the treating physician and shall take that release, including any restrictions to the Risk Management Office.
           2. If the employee is released without restrictions, he or she shall return immediately to their work location.
              
           3. If the employee is released with temporary restrictions, the Workers’ Compensation Coordinator shall contact the employee’s Department Director, or a representative, and provide a report of all restrictions. The employee will be sent to the Department Director, who will determine if the employee can be utilized temporarily within the department or its sections consistent with the limitations. The Department Director will review the report while the employee is present, clarifying any questions they may have regarding the restrictions/limitations. If the employee can be so used, a Temporary Assignment Agreement will be executed and forwarded to Human Resources, and the employee will report to that department/section on Temporary Assignment.
           4. The Department Director will arrange the work schedule to permit the injured employee to keep physician appointments and any prescribed physical therapy or work hardening sessions. If, while on temporary assignment, the employee needs to be absent during work hours for medical treatment or a doctor’s appointment, the employee must bring a statement from the treating physician/facility indicating whether or not there are any changes in the employee’s condition that would impact the temporary assignment. This statement shall be delivered to the Workers’ Compensation Coordinator prior to returning to the work site. The Workers’ Compensation Coordinator will advise the Department Director of any changes in restrictions.
           5. If no work is available consistent with the employee’s restrictions, the employee shall be sent home.
           6. The Workers’ Compensation Coordinator shall maintain contact with the injured worker, the treating physician and keep the Department Director apprised of the employee’s workers’ compensation status and any changes in restrictions.
           7. Temporary assignment shall not exceed 90 days in duration.

     5. NON-WORK-RELATED INJURY/ILLNESS PROCEDURES
        1. NOTIFICATION OF INJURY/ILLNESS
           Any employee who suffers an illness or an accidental injury which does not arise out of or in the course of employment, and who is unable to report to work, will immediately notify his or her supervisor of that fact. If the employee is absent from work for more than three calendar days, the supervisor of that employee shall notify the Human Resources Department of that fact. The Human Resources Department will implement the Family and Medical Leave Act (FMLA) procedures.
        2. RETURN TO WORK PROCEDURES
           1. Prior to returning to work, an employee may be required to visit his or her health care provider and submit a written fitness-for-duty or return to work statement as to his or her ability to return work, and any restrictions which exist.
        3. If the employee is released without restrictions, he or she shall return immediately to their original work location.
           1. If there are temporary restrictions to the release, the Human Resources Department (in the case of non-work-related injury/illness) shall contact the employee’s Department Director to determine if the employee can be utilized temporarily in the department consistent with the limitations. If the employee can be so used, a Temporary Assignment Agreement will be executed and forwarded to Human Resources, and the employee will report to that department for work.
           2. If there is such work, the employee shall report to that workstation. If there is no such work available, the Human Resources Department, with the approval of the originating Department Director, will contact other Department Directors to determine if there is any temporary work available within the City that is consistent with the medical limitations of the employee. If such work is available, the employee shall be sent to that workstation for assignment.
           3. If, while on temporary assignment, the employee needs to be absent during work hours for medical treatment or a doctor’s appointment, the employee must bring a statement from the treating physician/facility indicating whether or not there are any changes in the employee’s condition that would impact the temporary assignment. This statement shall be delivered to the Human Resources Director prior to returning to the work site. The Human Resources Director will advise the Department Director of any changes in restrictions.
           4. If no work is available consistent with the employee’s restrictions, the employee shall be sent home and may utilize accrued annual, sick, personal leave or excused leave without pay. The Human Resources Department will assist the employee in procuring any City benefits information that would assist the employee in considering options and/or decision-making.
           5. Temporary assignment shall not exceed 90 days in duration.
        4. PREGNANCY:
           Whenever an employee becomes pregnant, she will work in her current position in accordance with her physician’s recommendations, as long as able to perform the essential functions of the job. If her physician submits information indicating that she can no longer perform her current job duties, she will be eligible for temporary assignment.
        5. ADA DISABILITY
           When an employee believes his or her restrictions may rise to the level of a disability as defined by the ADA, the employee is responsible for following the Reasonable Accommodation Policy and Procedures.
        6. DURATION OF TEMPORARY ASSIGNMENT
           In no event will a temporary assignment last for more than 90 calendar days for each injury in a calendar year. If the employee is not able to return to full duties within 90 days, an evaluation will be conducted by the Disability Review Team to identify options available to the employee, which may include consideration of medical retirement or termination. The City reserves the right, for good reason, to discontinue a temporary assignment at anytime. Good reason shall include, but not be limited to, temporary work no longer being available, operational requirements prohibiting the continuance of temporary assignment, or the employee ’s inability to satisfactorily perform the duties of the temporary assignment.
613. LOSS OF EMPLOYEE LICENSE OR CERTIFICATION OTHER THAN DRIVER’S LICENSE (For Loss of Driver’s License see Section 614)
     These procedures apply to City of Las Cruces employees and departments in the event an employee loses a license, other than driver’s license, or certification that is job related.
PROCEDURES:
1. Employee’s holding job-related licenses or certifications shall report suspension or revocation or non-renewal of their license or certification to their immediate supervisor prior to starting the next work shift. Failure to comply with these reporting requirements will result in processing for immediate termination.
2. If the license or certification is a requirement of the job, the employee's supervisor or section administrator/manager will determine if there is a vacant position for which the employee is qualified to which the employee can be transferred to for which there are no priority reassignments under Workers’ Compensation or ADA. If an appropriate position is identified, the employee will be reassigned to that position with a reduction in pay commensurate with the new position. If there are no vacant positions for which the employee is qualified, the Department Director shall issue a Personnel Action Notice (PAN) placing the employee on leave. If the employee has annual leave he/she may opt to use it, otherwise, he/she will be placed on leave without pay (LWOP) status.
3. If the license or certification is not required by the job, but the employee is being compensated for it, the supervisor or department director will issue a Personnel Action Notice (PAN) reducing the employee's pay by 5% until such time as the license or certification is restored.
4. While on leave, the employee may seek other positions in the City for which he/she is qualified for up to ninety (90) days, or pursue reinstatement of lost license or certification during this time.
5. If the employee has his/her license or certification re-instated within ninety (90) days, he/she may be placed back into his/her previous position if available, or compete for vacant positions for which the employee is eligible.
6. If a suitable vacancy cannot be found, or the license or certification cannot be re-instated at the end or the ninety (90) day period, the employee will be terminated.

614. LOSS OF EMPLOYEE’S DRIVER’S LICENSE
     
     1. APPLICABILITY:
        This policy applies to all City employees who are required by the essential functions of their job to operate a City-owned motor vehicle or who are asked to drive on City business.
     2. PURPOSE:
        1. The three primary objectives of this policy are:
        1. Ensure the safest practical working environment for our driving employees.
        2. Protect the citizens of Las Cruces.
        3. Control the financial liability of the City in driving situations.
        2. These goals are achieved by reviewing the driving histories of City employees and applicants for City jobs that require driving on City business. Only those applicants having acceptable driving histories are hired. Employees who do not maintain acceptable driving records are subject to discipline up to and including termination.

     3. POLICY:
        An employee must have the appropriate license in his/her possession to drive on City business. Only authorized employees are allowed to drive vehicles on City business. Employees are required to comply with all applicable federal, state and local regulations relevant to driving a motor vehicle. Employees will be permitted to operate City-owned motor vehicles only if they possess a current and valid New Mexico Driver’s License or Texas Driver’s License, or have a valid and unexpired New Mexico or Texas Temporary Driving Privilege License.
     4. MANAGEMENT RESPONSIBILITIES:
        1. Department Directors shall establish and maintain a list of driving positions. A copy of the current list shall be sent to the Human Resources Department in January of each year. This list identified the:
           1. Department Name/Section Name
           2. Job classifications
           3. Position numbers
           4. Employee’s name
        2. Department Directors, or their designee, shall prohibit any employee without an appropriate driver’s license in his/her possession from driving on City business.
        3. Department Directors, or their designee, will regularly, not less than quarterly, inspect the drivers’ license of each employee who operates a City-owned motor vehicle to ensure possession of the required license.
        4. Department Directors, or their designee, shall immediately remove from a driving position any employee whose license is cancelled, expired, refused, revoked, suspended, or restricted in a manner which affects the employee’s ability to drive on City business.
        5. If a supervisor learns that an employee had has their drivers’ license revoked or suspended or that the employee does not have a valid and un-expired New Mexico Temporary Driving Privilege License, the supervisor will take the following actions:
        1. Immediately prevent the employee from operating a City-owned motor vehicle until further notice from the employee that the license has been returned.
        2. Inform the Department Director in writing of the suspension, revocation or non-renewal and the facts surround the loss of the license by the next business day.
        3. The Department Director will determine if there is a vacant position for which the employee is qualified to which the employee can be transferred to for which there are no priority reassignments under Workers’ Compensation or ADA. If an appropriate position is identified, the employee will be reassigned to that position with a reduction in pay commensurate with the new position.
        4. If there are no vacant positions for which the employee is qualified, the Department Director shall issue a Personnel Action Notice (PAN) placing the employee on leave. If the employee has annual leave he/she may opt to use it, otherwise, he/she will be placed on leave without pay (LWOP) status.
        5. While on leave, the employee may seek other positions in the City for which he/she is qualified for up to ninety (90) days, or pursue reinstatement of lost license or certification during this time.
        6. If the employee has his/her license re-instated within ninety (90) days, he/she may be placed back into his/her previous position if available, or compete for vacant positions for which the employee is eligible.
        7. If a suitable vacancy cannot be found, or license cannot be re-instated at the end of the ninety (90) day period, the employee will be terminated.
        8. An employee in a driving position who has a status change in his/her driver’s license for a period of more than ninety (90) days shall be terminated.

     5. EMPLOYEE RESPONSIBILITIES:
        1. An employee in a driving position must be able to drive as an essential job function. Each driving employee is responsible for:
           1. Being aware of, understanding, and complying with federal, state, and local laws and City policies applying to the operation of vehicles on City business.
           2. Ensuring that the privilege to drive is maintained.
           3. Maintaining in his/her possession the appropriate driver’s license at all times while driving on City business and to prove they have valid driving privileges upon request.
           4. Comply with all license restrictions issued by the DMV.
           5. Signing a release of information form allowing the City to periodically verify driving privileges and records with the New Mexico Department of Motor Vehicles.
           6. Immediately reporting to their immediate supervisor prior to starting the next work shift if they do not have a valid drivers’ license for any reason or if there is any change in status of his/her driver ’s license
           7. Refrain from driving on City business after there has been a change in status of his/her driver’s license, even if the cancellation, expiration, refusal, revocation, suspension, or restriction has ended, unless the license has been reinstated. Proof of reinstatement must be provided to the supervisor before driving on City business.
           8. If an employee is cited for DUI/DWI or incurs any other action that threatens their drivers’ license, the employee will:
              1. Provide notice of such citation, non-renewal or other action to their direct supervisor prior to starting the next work shift.
              2. Provide proof of their Request for Hearing or appeal within twenty (20) days of the date of the citation, non-renewal or other action.
              3. Provide a copy of the Notice of Hearing from the Department of Motor Vehicle (DMV) within 72 hours of receipt.
              4. Provide a copy of the DMV ruling within three (3) days of the ruling, but no later than 90 days from the citation, non-renewal or other action.
           9. Failure to comply with these reporting requirements will result in immediate termination.
        2. An employee in a non-driving position must:
           1. Comply with federal, state, and local driving laws.
           2. Follow all regulations pertaining to driving on City business if requested to drive a vehicle on City business.
           3. Immediately notify his/her supervisor if requested to drive a vehicles on City business and the employee does not have the appropriate driver’s license in his/her possession.
           4. Sign a release of information form authorizing the City to verify drivers ’ license status.

        3. No employee will drive on City business after consuming alcoholic beverages or any other substance that may impair driving. Any impairment affecting the ability to operate a vehicle safely must be immediately reported to the supervisor.
     6. HIRING PROCEDURES
        1. Driving records of applicants for driving positions, including present City employees, must be reviewed before making an offer of employment. Applicants must have an acceptable driving history to be considered for employment.
        2. Driving records are evaluated based on moving violation convictions, chargeable accidents, and related performance. Driving record points are determined by the DMV.
        3. The employee’s driving record must be checked before an employee is promoted, transferred, or reassigned into a driving position. An employee who does not have a permissible driving history will not be placed into a driving position.
     7. DEFINITIONS
        1. Acceptable Driving Record: The driving employee has accumulated three points or fewer in the previous twelve months. Points are as shown in the Current DMV violation record. In addition, any cancellation, expiration, refusal, revocation, suspension, or restriction affecting the employee’s ability to drive on City business, or other factors such as a chargeable accident or zero point violation, are considered in determining whether the employee’s driving record is acceptable. Certain positions will have additional requirements that define an acceptable driving record.
           The following items preclude hiring into a driving position:
           1. Eight or more point in the previous 36 months, as shown in the DMV record.
           2. More than two chargeable accidents within the previous 36 months.
           3. A conviction of driving under the influence within the previous 36 months.
           4. License has been cancelled, refused, revoked, suspended, or restricted as the direct result of a moving violation within the previous 36 months.
           5. A current cancellation, expiration, refusal, revocation, suspension, or restriction that affects that applicant/incumbent ’s ability to drive on City business.
        2. Appropriate License: A New Mexico driver’s license of the class required for the vehicle being driven. The license must be current and valid and have all endorsements required by the type of equipment, the class of vehicle being driven, and the load being carried. The license may not have any restrictions that would preclude driving on City business. The appropriate Commercial Driver’s License (CDL) without the S restriction for all new hires is required when driving any CDL vehicle on City business, no matter where it is operated.
        3. Authorized: The employee has been given explicit permission by his/her supervisor to drive a specific class of vehicle on City business.
        4. Cancelled: The state has removed the person’s driving privileges.
        5. Change in Status: The driver’s license has been cancelled, refused, revoked, suspended, or restricted in such a manner which affects the person’s ability to drive on City business.
        6. Chargeable Accident: The driver received a conviction of a moving violation for a collision or is found most at fault by the DMV.
        7. Driving on City Business: The use of a motor vehicle to carry out the duties of the position. Driving on City business includes driving a vehicle owned, leased, rented, or otherwise controlled by the City, as well as the use of a personal vehicle on City business.
        8. Driving Position: A job that requires driving a vehicle on City business as part of the essential duties of the position.
        9. Driving Record: The DMV moving violation record and any chargeable driving incidents.
        10. Employee: Includes regular full-time, regular part-time, temporary, emergency, contract, and volunteer workers.
        11. Expired: The driver’s license is not renewed before its date of termination.
        12. Non-Driving Position: Any position not designated as a driving position.
        13. Refused: A license is not issued by DMV.
        14. Restricted: Any limitation imposed on the driver’s license that precludes the person from operating the vehicle on City business without meeting the restriction (e.g. wearing eyeglasses, or having an air brake endorsement for vehicles that have air brakes, etc.)
        15. Revoked: A license which has been rescinded by the DMV. The person’s driving privileges are repealed for a minimum of one year.
        16. Suspended: The temporary removal of the person’s driving privileges, which may be for a definite or indefinite period.
615. THREAT OF VIOLENCE IN THE WORKPLACE
     1. POLICY:
        The City of Las Cruces shall not tolerate any threat or act of violence within its work environment. The City shall enforce the level of discipline appropriate for any action of workplace threat of violence, harassment, intimidation or physical violence.
     2. DEFINITIONS:
        1. “Harassment” – Any behavior that creates a hostile work environment through unwelcome words, actions or physical contact.
        2. “Hostile environment standard” - applies to harassment on the basis of race, religion, sex, sexual orientation, gender identity, color, ancestry, serious medical condition, national origin, age, or disability.
        3. “Threat” – Any expression of an intent to inflict harm. Any indication of impending danger or harm. Any signs or warnings of impending danger or harm.
        4. “Workplace Violence” – hitting, shoving, pushing, kicking, and sexual assaults; this also includes verbal outbursts and can happen in the form of threats, harassment, abuse, and intimidation.
        5. “Fitness For Duty Evaluation”– A specialized assessment mandated by City of Las Cruces management, as a result of reasonable and documented concerns by the supervisors, of an employee’s present ability to perform the duties of the job in a safe and conscientious manner.
     3. PROCEDURES:
        The following procedures do not take the place of appropriate disciplinary action, but are to work in conjunction with discipline if it is appropriate for the employee to return to the worksite.
        1. The supervisor will inform his/her Department Director and the Human Resources Department of the events that have occurred. The Human Resources Department may assist the respective Department Director in determining appropriate disciplinary action, and will enlist the intervention of the Employee Assistance Program.
        2. Employees that may have been affected by the incident will be recommended to meet with the EAP to discuss the effects the incident has had, as well as any residual emotional effects the incident may have in their work or personal situations.
        3. If the incident does not result in termination of the employee(s), the supervisor, in accordance with the Fitness for Duty Policy, will arrange for the employee (s) to undergo an evaluation to determine the employee’s ability to perform their essential job functions without posing a direct threat to self or others before they are allowed to return to any worksite.
        4. If it is determined that the employee may return to work, the Supervisor(s), Human Resources Department Representative, and Employee Assistance Program Coordinator will develop a plan under which the employee may continue to work. This plan will include all recommendations that have come as a result of the Fitness for Duty Evaluation. The employee will provide a signed commitment to continue with the established plan. Failure to sign and/or comply with the established plan will result in further disciplinary action, up to, and including termination of employment.
           1. Appropriate disciplinary action, ranging from verbal reprimand up to, and including termination, shall be determined by the level of workplace violence that has occurred, and past history of violence that has occurred with the employee, the results of a Fitness for Duty Evaluation (if performed) and all other information deemed relevant by the City.
        5. Threatening violence against another person is a violation of the law. It is the employee’s option to report the incident to the Police.

616. WEAPONS IN THE WORKPLACE
     1. POLICY:
        The City of Las Cruces prohibits all employees who enter City property from carrying a handgun, firearm, or prohibited weapon of any kind onto the property regardless of whether the person is licensed to carry the weapon or not.
        1. This policy applies to all City employees. The only exceptions to this policy will be police officers, security guards or other persons who have been given written consent by the City Manager to carry a weapon on the property.
        2. All City employees are also prohibited from carrying a weapon while in the course and scope of performing their job for the City, whether they are on City property at the time or not and whether they are licensed to carry a handgun or not. The only exceptions to this policy will be persons who have been given written consent by the City Manager to carry a weapon while performing specific tasks on the City’s behalf. This policy also prohibits weapons at any City sponsored function such as parties or picnics.
        3. Prohibited weapons include any form of weapon or explosive restricted under local, state or federal regulation. This includes all firearms, illegal knives or other weapons covered by the law. If you have a question about whether an item is covered by this policy, please call the Human Resources Department. You will be held responsible for making sure beforehand that any potentially covered item you possess is not prohibited by this policy.
        4. Failure to abide by this policy may result in discipline up to and including termination.
617. FITNESS FOR DUTY
     1. POLICY:
        The City of Las Cruces may require an employee to undergo a fitness-for-duty examination when there is a reasonable belief, based on objective information obtained or reasonably available, that the employee’s ability to perform essential job functions will be impaired by a medical condition or that s/he will pose a direct threat due to a medical condition. The need for a medical evaluation must be clearly supported by the nature of the work and objective medical or other factual information. The examination shall be conducted by a medical professional selected by the City. All costs associated with such an examination will be borne by the Section in which the employee is assigned.
        1. If an employee is impaired in his/her capability to safely and effectively complete work assignments, and a fitness-for-duty examination supports this conclusion, options may include:
           1. Transferring the employee to a vacant position for which the employee is qualified and that accommodates his/her medical condition limitations;
           2. Accommodating the employee is his/her current position by modifying work assignments and/or the work environment.
           3. If an accommodation is not feasible in enabling the employee to perform the essential functions of the job held or vacant positions for which the employee is qualified; and if an accommodation does not reduce any direct threat issues to an acceptable level, the employee may be terminated.
     2. PROCEDURE:
        1. If a section has an employee with a medical condition which appears to impair his/her capabilities to safely and effective perform the essential functions of the job, or who poses a direct threat due to a medical condition, the Human Resources Director shall be contacted pertaining to a possible fitness for duty. The section must be prepared to discuss the following:

           What objective evidence supports the need for a fitness for duty examination?

           1. What is the reasonable belief that the employee’s ability to perform essential job duties is impaired?
           2. What is the basis for any belief of direct threat?
           3. What knowledge exists that performance issues are linked to a medical condition?
        2. A psychiatric examination or psychological assessment must be conducted in accordance with accepted professional standards by a licenses practitioner or physician authorized to conduct such examinations, and may only be used to make a legitimate inquiry into a person’s mental fitness to successfully perform the essential functions of his/her position without direct threat to the individual or others.
        3. The scope of any fitness for duty examination shall be limited to the specific medical condition and how such condition affects or may affect the employee’s ability to perform essential functions or pose a direct threat.
        4. All medical information obtained through the fitness for duty provisions shall be maintained by the Human Resources Department as strictly confidential and shall not be a part of the employee’s personnel file.
        5. When a section requests a medical examination, it must inform the employee in writing of its reasons for doing so and the consequences of failure to cooperate. The City will designate the examining physician or other appropriate practitioner, but will offer the individual an opportunity to submit medical documentation from his/her personal physician or practitioner. The City will review and consider all such documentation supplied by the individuals’ personal physician or practitioner along with the documentation from the examining physician selected by the City. Should the employee wish to submit medical documentation from his/her personal physician or practitioner, the employee shall pay for all examinations or documentation charges.
        6. Any employee who refuses to undergo a required fitness for duty examination shall be found insubordinate and subject to discipline up to and including termination.