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§ 33.090 WORK RULES.
   (A)   Working conditions. The policies contained in this chapter and throughout the Town of Monon Personnel Policies Handbook apply to all Town of Monon employees, except when in direct conflict with special employment conditions set forth by various statutes governing employment relationships.
   (B)   Work rules.
      (1)   The work rules set forth below have been established by the town to ensure that all employees are provided with a safe, orderly, and productive work environment. They describe certain acts that have been determined to be violations of acceptable work behavior. Employees are expected to read these rules carefully and to conduct yourself accordingly. The town will endeavor to follow the procedures set forth below. Alleged violations of the rules will be investigated to see if they are supported by facts. Employees will be given the opportunity to present their side of the incident before final disciplinary action is taken. When it is determined that the work rules have been disregarded or violated, employee will be subject to one of the following forms of disciplinary action: a verbal warning, a written warning, a final written warning, or discharge.
      (2)   These work rules do not constitute an exhaustive list of all the acts that will subject an employee to disciplinary action. No set of work rules can cover all situations and the penalties may be waived or increased depending on the particular facts involved. They do cover the most common types of employment misconduct. Cases of unacceptable work behavior not covered by these rules will be handled on an individual basis, subject to such penalties as the Town Council may deem appropriate for the type of misconduct involved. Employees should note that an accumulation of offenses over a period of time that have not been corrected, even though unrelated, is unacceptable. Accordingly, it is the town's policy to discharge any employee who has been disciplined on three previous occasions during any 12 month period whether because of specific work rule violations, unsatisfactory job performance, other misconduct, or any combination thereof.
   (C)   Work violations. Employees who commit any of the following acts, which have been determined to be violations of acceptable work behavior, will be subject to corrective disciplinary action through the procedures established for performance management.
      (1)   Exceeding time limits on break (15 minutes) or meal periods (60 minutes) or taking break or meal periods other than the designated times without proper authorization.
      (2)   Stopping or leaving work before the end of a scheduled work period without proper authorization.
      (3)   Sleeping, loafing, or wasting time during a scheduled work period.
      (4)   Using work hours for personal matters. This includes making or receiving excessive non-emergency personal telephone calls during scheduled work periods.
      (5)   Directing profane, abusive, insulting, or threatening language at a fellow employee.
      (6)   Creating disharmony among employees or interfering with other employees on the job.
      (7)   Working time is for work. Solicitation by employees is prohibited during the working time of the solicitor and the employee being solicited. Distribution of literature by employees, including handbills, leaflets, circulars, or other matter is prohibited in any working area. WORKING TIME means the time when you are scheduled to work as opposed to mealtime breaks, etc.
      (8)   Posting materials on bulletin board without the prior approval or defacing, marking, damaging, destroying, or removing materials posted on the bulletin board authorized by management.
      (9)   Failure to observe safety rules or regulations or engaging in any other unsafe or unhealthful conduct.
      (10)   Engaging in conduct which violates the town's policy concerning business ethics and conflicts of interest.
      (11)   Failures to report any work-related injury or accident no matter how minor.
      (12)   Poor workmanship, low productivity, or substandard performance.
   (D)   Serious work violations. Employees who commit any of the following acts, which have been determined to be serious violations of acceptable work behavior will be subject to discipline, up to and including discharge, for the first offense.
      (1)   Insubordination, including failure or refusal to promptly carry out the orders or instructions of the department head or Town Council while on duty or on town property.
      (2)   Provoking or engaging in a fight while on duty or on town property.
      (3)   Threatening physical harm to a supervisor, member of management, citizen, or fellow employee.
      (4)   Directing profane, abusive, insulting, or threatening language at a supervisor, member of management, fellow employee, or citizen.
      (5)   Destruction, damage or abuse of town property or the property of other employees, or citizens.
      (6)   Theft of town property or the property of other employees or citizens, or the unauthorized use or possession of any such property.
      (7)   Possession, display or use of explosives, or other dangerous weapons while on duty or on town property unless your job specifically requires such use or possession. Per Indiana State law, legally owned firearms must be kept locked/secured in employee's personal vehicle.
      (8)   Using, possession, selling, distributing or being under the influence of alcoholic beverages, illegal drugs, or controlled substances while on duty or on town property.
      (9)   Commission of any criminal offense (other than a minor traffic violation) while on duty or on town property, or commission of any criminal offense, which might adversely affect the employee's work or work relationships.
      (10)   Misrepresentation or omission of material facts on an employment application or any other document used to secure or retain employment with the town.
      (11)   Acts of dishonesty, including falsification or alteration of time sheets, production records, or any other documents used in connection with work.
      (12)   Punching/marking another employee's timecard or having another employee punch/mark your timecard.
      (13)   Encouraging or engaging in any unprotected work stoppage, slowdown, walkout, cessation of work or any other activity designed to restrict or delay the production, shipment, delivery or receipt of goods or services by the town.
      (14)   Engaging in acts of sexual harassment.
   (E)   The town recognizes that there are going to be times when employees have a problem or complaint that needs to be resolved. When an employee has a work-related complaint, he/she shall discuss the complaint with his/her department head. The employee and the department head shall make every effort to resolve the matter. If the matter does not get resolved, then the employee may take the problem to the Town Council.
(Ord. 2022-13, passed 12-21-2022)
§ 33.091 ANTI-THEFT POLICY.
   The security of employee property, the town's property, and the property of our citizens is a serious concern of the municipality. In the event of theft or suspected theft, the town will thoroughly investigate the matter. Law enforcement may be called to investigate such thefts. Any employee caught stealing will subject themselves to possible criminal prosecution and/or termination from employment with the Town of Monon.
(Ord. 2022-13, passed 12-21-2022)
§ 33.092 USE OF TOWN PROPERTY.
   Use of town property such as tools, material, equipment, etc. without permission is strictly prohibited. Permission must be requested from the department head and the department head will communicate the request to the Town Council for approval. Town property cannot be used for personal profit. Failure to obtain approval for use of town property will result in disciplinary action, up to and including dismissal.
(Ord. 2022-13, passed 12-21-2022)
§ 33.093 USE OF CELLULAR PHONES AND ELECTRONIC DEVICES WHILE DRIVING.
   (A)   The use of cellular phones and electronic devices while driving may present a hazard to the driver, other employees, and the public. This policy is meant to ensure the safe operation of town vehicles and equipment, and the safe operation of private vehicles while an employee is on work time conducting town business. This policy applies to all uses of cellular phones and communication devices, except for police officers, including, but not limited to, computers, text messaging, e-mail, electronic calendars, multi-media devices, and printers.
   (B)   Employees shall adhere to all federal, state, and local rules and regulations regarding the use of cellular phones and electronic devices while driving.
   (C)   Accordingly, employees shall not use cellular phones if such conduct is prohibited by law, regulation, or other ordinance.
   (D)   Employees, while driving a classified commercial vehicle, shall not send or read received text messages on personal or town-issued cellular phones.
   (E)   Employees should not use handheld cellular phones for business, or any purposes while driving, except for emergency personnel responding to emergency situations. Should an employee need to make or receive a business call while driving, he/she should locate a lawfully designated area to park and make or receive the call.
   (F)   Employees may use hands-free cellular phones to make or receive calls. Such calls should be kept short and should the circumstances warrant (such as heavy traffic or inclement weather), the employee should locate a lawfully designated area to park to continue the call.
   (G)   Employees, while operating commercial vehicles, as defined by the U.S. Department of Transportation, shall not engage in text messaging under federal law.
(Ord. 2022-13, passed 12-21-2022)
§ 33.094 SOCIAL MEDIA POLICY.
   Social media can take many different forms, including internet forums, blogs and micro-blogs, online profiles, wikis, podcasts, pictures and video, instant messaging, music-sharing, and voice over IP to name just a few. Examples of social media applications include, but are not limited to, LinkedIn, Twitter, Facebook, Instagram, Snapchat YouTube, Wikipedia, etc.
   (A)   Guidelines.
      (1)   As a public employee some acts can adversely affect work or work relationships. Ultimately employees are solely responsible for what they post online, on or off duty. Certain types of content or conduct may reflect poorly upon an employee's character and judgement and therefore influence his/her standing as an employee. Before creating online content, consider some of the risks and rewards that are involved. Employees should keep in mind that any of their conduct that adversely affects their job performance, the performance of fellow employees, or otherwise adversely affects the public, and people who work on behalf of the Town of Monon, or the Town of Monon, may result in disciplinary action up to and including termination.
      (2)   (2)   Discussion, debate and sharing one's opinion occur in many forms and forums including online conversations. Social media is defined as media designed to be disseminated through social interaction, created using highly accessible and scalable publishing techniques.
      (3)   Given the growing popularity of online media, the Town of Monon has developed a series of guidelines to assist its employees when engaging in such forums and discussions. The guidelines are intended to assist employees both when participating personally as well as when acting on behalf of the town.
   (B)   Know and follow town policies and work rules. Employees should carefully read the policies in this personnel policies handbook. Employees shall ensure that their postings are consistent with these policies, inappropriate postings including, but not limited to discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject employee to disciplinary action, up to, and including termination.
   (C)   Be respectful.
      (1)   Always be fair and courteous to fellow employees, town vendors, and the public on behalf of the Town of Monon. Also, employees should keep in mind that they are more likely to resolve work-related complaints by speaking directly with co-workers or the public rather than posting complaints to a social media outlet.
      (2)   However, if an employee does post complaints or criticism, they should avoid using statements, photographs, video, or audio that reasonably could be viewed as malicious, obscene, and threatening or intimidating, that disparage co-workers, town vendors, or the public, or that might constitute harassment or bullying. A few examples of such conduct include offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or town policy.
   (D)   Be honest and accurate. Make sure you are honest and accurate when posting information and news, and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the internet archives almost everything; therefore, even deleted postings can be searched. Never post any information or rumors that you know to be false about the Town of Monon, fellow co-workers, Town vendors, or the public.
   (E)   Restrictions.
      (1)   Employees should not post confidential or propriety information about the town, co-workers, town vendors, or the public. They should never violate federal law such as HIPAA (Health Insurance Portability and Accountability Act). Employees who share confidential information are subject to disciplinary action, up to, and including termination.
      (2)   Employees should not use the town's name to promote a product, cause, or political party or candidate.
      (3)   Employees should not state or imply that they speak for the town or for town officials. Be aware of their association with the town when using social networks. Remember that they are a public employee and expected to maintain a high standard of personal conduct.
      (4)   If they publish to a blog or some other form of social media, make it clear that whatever they say is their view or opinion by stating: "these are my personal views and opinions and not necessarily the views and opinions of your employer."
      (5)   Photographs posted on social media sites can easily be appropriated by others. Employees should use caution when posting pictures of town events, town employees, or citizens visiting town offices. Be respectful of others' privacy.
      (6)   Employees should not post obscenities, slurs, or personal attacks that could slander or libel them or the county which could result in civil or criminal penalties.
      (7)   Do not infringe on copyrights, logos, or trademarks.
   (F)   Respect time and property. The town's computers and time on the job are reserved for work-related business. Employees may use personal cellular/mobile phones during break periods, including meal breaks in locations that do not pose a disruption to others. Employees may not use town time to engage on social media for personal use.
   (G)   Think twice before posting. Privacy does not exist in the world of social media. Employees should consider what could happen if a post becomes widely known. Search engines can turn up posts years after they are created, and comments can be forwarded or copied. Exercise sound judgment and common sense, and if there is any doubt, DO NOT POST IT. There should be no expectation of privacy.
   (H)   Know that the internet is permanent. Once information is published online, it is essentially part of a permanent record, even if that information is removed/deleted later, or an attempt is made to make it anonymous. If a complete thought, along with its context, cannot be squeezed into a character restricted space (such as Twitter), provide a link to an online space where the message can be expressed completely and accurately.
(Ord. 2022-13, passed 12-21-2022)
§ 33.095 DRUG-FREE WORKPLACE.
   (A)   (1)   Drug and alcohol use are highly detrimental to the safety and productivity of employees in the workplace. No employee may be under the influence of alcohol, or any illegal drug while in the workplace, while on duty, or while operating a vehicle or equipment owned or leased by the town .
      (2)   The town shall maintain a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988, and the State of Indiana Drug-Free Workplace Executive Order No. 90-5 of 1990. Failure to comply with this law could jeopardize government funds received by the town. The unlawful manufacture, possession, distribution, transfer, purchase, sale, use, or being under the influence of alcoholic beverages or illegal drugs while on town property, while attending business-related activities, while on duty, or while operating a vehicle or machine leased or owned by the town is strictly prohibited and may lead to disciplinary action, including suspension without pay or discharge. When appropriate, the town may refer the employee to approved counseling or rehabilitation programs.
      (3)   Any employee while on official town business, or when serving as a representative of the town, who is convicted of a drug-related crime must notify the town within five days of the conviction.
      (4)   Monon Town Council members, the Clerk-Treasurer and department heads are required to notify the appropriate government funding agency within ten days of the conviction. Appropriate personnel action including possible discipline, up to, and including termination, and/or participation in a drug abuse assistance or rehabilitation program, may result after notice of the conviction is received.
      (5)   The town will determine on a case-by-case basis whether assistance will be provided to employees whose health or performance is at risk of deterioration. Employees may use physician prescribed medications, provided that the use of such drugs do not adversely affect job performance or the safety of the employee or other individuals in the workplace.
      (6)   The town recognizes that employees may wish to seek professional assistance in overcoming drug or alcohol problems. Please contact the Clerk-Treasurer for more information about the benefits potentially available under the employee medical benefit plans and any possible referral sources.
      (7)   Employees may keep prescription drugs on town premises when prescribed by a medical physician. Employees may keep over-the-counter medications on town premises as needed. Employees holding safety-sensitive positions shall notify their elected official/department head of such over-the-counter medications and prescription drugs, which may impair judgment in the performance of job duties and responsibilities.
   (B)   Testing. The Town of Monon may ask employees to submit to random alcohol or drug tests.
Alcohol or drug tests may be required for employees in the following circumstances.
      (1)   Pre-employment testing. The Town of Monon will not employ individuals known to use illegal drugs or misuse prescription drugs. All prospective new employees may be subject to drug and alcohol testing at the town's expense. Offers of employment may be contingent on passing the pre-employment drug and alcohol screen. Applicants who refuse to complete the test, test positive, or refuse to complete related documentation will not be hired by the town. Applicants will be asked to list any legally prescribed drugs taken at the time of the test and will be asked to provide physician authorization for those drugs.
      (2)   (2)   Reasonable suspicion. At the time a department head/Clerk-Treasurer requests an employee provide a sample for testing, the department head/Clerk-Treasurer shall provide the employee with a written statement setting forth workplace behavior witnessed by the employee's supervisors relied upon by the requesting authority in coming to a conclusion that there is a reasonable suspicion that the employee may be under the influence of a drug or alcohol. If the employee refuses to submit such a sample upon request, then accompanied by said written statement, the town will interpret such refusal as a positive drug test result and thus a violation of the town's work rules, and the employee's refusal of the test shall be subject to the town's progressive discipline policy and may include termination.
      (3)   Post-accident.
         (a)   Post-accident testing occurs when an employee is involved in an accident on town property or operating town equipment in the pursuit of town business.
         (b)   The town reserves the right to order post-accident tests, as it deems appropriate, based on the totality of the circumstances surrounding the accident. Post-accident tests may include screens for both drugs and alcohol.
         (c)   Questions concerning this policy, or its administration should be directed to the Clerk-Treasurer.
(Ord. 2022-13, passed 12-21-2022)
§ 33.096 SMOKING.
   (A)   This policy applies equally to all elected officials/department heads, employees, and visitors.
   (B)   Definitions. For the purpose of this policy:
      SMOKING. Inhaling, exhaling, burning, or carrying a lighted cigarette, cigar, pipe, e-cigarette, or other apparatus used to smoke tobacco or any other organic or non-organic material.
      TOBACCO PRODUCT. Any product made or derived from tobacco that is intended for human consumption, this includes, among other products, cigarettes, cigarette tobacco, and smokeless tobacco.
   (C)   In keeping with the town's intent to provide a safe and healthy work environment, the use of any tobacco products and/or smoking of any substances in town owned or leased buildings, vehicles, property, and any buildings, vehicles, property is prohibited.
   (D)   Supervisors will discuss the issue of taking breaks with their staff, both smokers and non-smokers.
   (E)   Together they will develop effective solutions that do not interfere with the productivity of the staff.
   (F)   Violators of this policy will be subject to disciplinary action up to and including termination.
(Ord. 2022-13, passed 12-21-2022)
§ 33.097 USE OF TOWN TELEPHONES, FAX MACHINES, AND TOWN MAIL.
   (A)   Personal telephone calls should be limited in frequency and duration. Employees should refrain from using town telephones when making local personal calls. Personal use of telephones for long-distance and toll calls is not permitted, except for emergencies. Employees shall reimburse the town for all long-distance/toll calls. The mail system is reserved for business purposes. Employees should refrain from sending or receiving personal mail at the workplace without expressed permission.
   (B)   A fax machine is reserved for business purposes. Employees should refrain from sending or receiving personal faxes at the workplace without expressed permission.
(Ord. 2022-13, passed 12-21-2022)
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