Human Resources

(E) Employees shall receive equitable and adequate pay and benefits; and eligible employees may receive merit pay increases based upon their performance subject to the availability of funds.

(F) The City of Sevierville does not discriminate based on race, color, gender, or national origin pursuant to Title VI of the Civil Rights Act of 1964.

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Section 5. Responsibility of the City Board of Mayor and Aldermen

The City Board of Mayor and Aldermen shall establish personnel policies and rules, including the classification and pay plan.

The City Board of Mayor and Aldermen shall adopt or provide for rules and regulations, resolutions or ordinances concerning personnel policies, and other measures that promote the hiring and retention of capable, diligent, and honest employees under the authority of the Charter for the City of Sevierville, Tennessee, Article VIII, Section 3.

The City Board of Mayor and Aldermen shall prescribe the office hours, workdays, and holidays to be observed by the various offices and departments of the City.

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Section 6. Responsibility of the City Administrator

The City Administrator shall be responsible to the Board of Mayor and Aldermen for administration and maintenance of the position classification plan and the pay plan, and shall appoint, suspend, and remove all City officers and employees except those elected by the people or whose appointment is otherwise provided by law. The City Administrator shall: recommend rules and revisions to the personnel system to the Board of Mayor and Aldermen for consideration; make revisions to the position classification plan; prepare and recommend revisions to the pay plan to the Board of Mayor and Aldermen for approval; determine which employees are exempt and non-exempt from the FLSA; establish and maintain a roster of all persons in the City service, setting forth each officer and employee, title of position, pay, and changes in title and status, and such other data as may be deemed desirable and useful; develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the City; develop and coordinate training and educational programs for City employees; investigate periodically the operation and effect of the personnel provisions of this policy and at least annually report the findings and recommendations to the Board of Mayor and Aldermen; maintain an organizational chart of all City classified positions; and perform such other duties in connection with a modern personnel program as is required. All matters dealing with personnel shall be routed through the City Administrator, who shall maintain a complete system of personnel files and records. (The City Administrator may perform any or all of these duties and responsibilities or assign them to a staff employee).

Section 7. Responsibility of Department Heads

The head of each City department, with the approval of the City Administrator, shall appoint, suspend and remove City officers or employees assigned to the department as prescribed in the Charter for the City of Sevierville, Tennessee, Article V, Section 3.

Section 8. Amendments to These Policies

These policies will be considered for periodic review and shall be maintained in a standard format, which will be accessible to all employees and other authorized personnel. Personnel policies may be amended by vote of the Board of Mayor and Aldermen. Proposed amendments may originate within staff, Board of Mayor and Aldermen, or a combination of the two.

Article III. Recruitment and Employment

Section 1. Statement of Equal Employment Opportunity Policy

It is the policy of the City to foster, maintain, and promote equal employment opportunity. The City shall select employees on the basis of the applicant’s qualifications and without regard to age, gender, race, color, creed, religion or national origin. Applicants with disabilities shall be given equal consideration as all other applicants for positions in which their disabilities do not represent an unreasonable barrier to satisfactory performance of duties.

Section 2. Implementation of EEO Policy

All personnel responsible for recruitment and employment shall continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable performance-related job requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, gender, race, color, creed, religion, national origin or disability. Notices with regard to equal employment matters shall be posted in conspicuous places in or on City buildings.

Section 3. Recruitment and Residence Requirements

(A) It is desirable for all employees to reside within the City limits or reasonable commuting distance, however, candidates for employment shall be recruited from as wide a geographic area as necessary to assure obtaining well-qualified applicants.

(B) All Police department personnel must reside within Sevier County or within a 10 air-mile radius from the police department building.

(D) Notice of Regular Full-time or Regular Part-time vacancies will be posted at designated conspicuous sites within City buildings for a minimum of 10 calendar days.

Section 4. Job Announcements

Employment announcements shall contain assurances of equal employment opportunity and shall comply with federal and state statutes regarding discrimination in employment matters.

Section 5. Applications for Employment

Applications for employment will be accepted at all times. Each applicant will be required to indicate the position being applied for on the application. Applications will remain active for a period of six (6) months.

Section 6. Application Reserve File

After the active period of six months, applications shall be kept in a reserve file in accordance with Equal Employment Opportunity Commission guidelines.

Section 7. Qualification Standards

(A) Employees shall meet the employment standards established by the position classification plan and job description.

(B) Qualifications shall be reviewed periodically to assure that requirements are fair and conform to the actual job performance requirements.

(C) The City may employ an applicant in a trainee capacity that does not meet all minimum qualifications for a particular job if the deficiencies can be eliminated through orientation and on-the-job training.

Section 8. Selection

Department heads shall make such investigations and have conducted such examinations as deemed appropriate to assess fairly the aptitude, education and experience, knowledge and skills, character, physical fitness, and other qualifications required for positions in the service of the City. These examinations may consist of medical, skills based, job knowledge and/or physical strength and agility tests. All selection devices administered by the City or by persons or agencies for the City shall be valid measures of bona fide occupational qualifications. Before any commitment is made to an applicant or City employee, the Department Head shall submit a completed application form to the City Administrator with a recommendation as to the applicant to fill the position and the rate to be paid. After a thorough review, the City Administrator shall act on the recommendation of the department head.

Section 9. Background Checks

Every prospective regular full-time, regular part-time, and temporary employee, as part of the employment application process, shall undergo a background check conducted by the City of Sevierville Police Department.

In addition to this background check, all prospective regular full-time, regular part-time, and temporary Childcare employees and Safety Officer employees will be fingerprinted. The Federal Bureau of Investigation will conduct the fingerprint background check.

All prospective Police Officers and Communication Officers (Regular and Reserve) will be subject to a post offer of employment psychological test in accordance with State Law and will be subject to the departmental background check.

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Section 10. Driving Background Checks

Every prospective employee who is required to drive a City of Sevierville vehicle as part of his/her job will undergo a driving background check. This background check will be done every year on a regular basis.

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Section 11. Medical / Physical Examinations

Every prospective regular full-time and regular part-time employee, as part of the conditional offer of employment, shall be given a medical/physical examination by a licensed physician designated by the City Administrator, to determine if he/she can perform the essential functions of the job. This medical/physical examination will include drug/alcohol screening and musculoskeletal screening. The cost of this medical/physical examination shall be borne by the City. Prospective employees who cannot perform the essential functions of the job with or without reasonable accommodations shall not be considered for appointment.

All employees of the City may be required by their department head and with the approval of the City Administrator or designee, to undergo periodic medical/physical examinations to determine their medical, physical and mental fitness to perform the work of the position in which they are employed. This periodic medical/physical examination shall be at no expense to the employee. Determination of medical, physical or mental fitness will be by a physician designated by the City Administrator. When an employee of the City is reported by the examining physician to be medically, physically, or mentally unfit to perform work in the position for which he/she is employed, the employee may, within five (5) working days from the date of his/her notification of such determination, indicate in writing to the City Administrator his/her intention to submit the question of his/her medical, physical or mental unfitness to a physician of his/her own choice.

In the event there is a difference of opinion between the examining physician and the physician chosen by the employee, a physician shall be mutually agreed upon and designated by the examining physician and the physician chosen by the employee. The third physician’s decision shall be final and binding as to the medical, physical or mental fitness of the employee. The City government shall pay its physician, the employee shall pay his/her physician, and the third physician shall be paid by the party whose contentions shall not have been upheld.

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Section 12. Probationary Period of Employment

An employee appointed to a regular full-time or regular part-time position shall serve a probationary period of six (6) months (twelve (12) months for sworn police personnel). This time period is to be considered a continuation of the selection process and should be used as such. This is the time when the employer determines if the appointee is right for the position and the appointee can determine if the position is right for him or her. It is a period of training and adjustment. In extenuating circumstances, and with the approval of the City Administrator, a probationary period can be extended for up to an additional three (3) months. However, only one extension period will be permitted. In such cases, the employee must be notified of the purpose of the extension, the conditions and performance expectations, and the length of time of the extension.

An employee serving a probationary period following initial appointment may be dismissed at any time during the probationary period. An employee serving a probationary period following a movement to a different job within the City shall be demoted as provided in Section 14 of this article or terminated if unable to perform assigned duties of the new job satisfactorily. Before the completion of the probationary period, the department head shall indicate in writing to the City Administrator that:

1. he has discussed the new employee’s progress, accomplishments, strengths, failures, and weaknesses with the new employee; and

2. whether or not the new employee is performing satisfactory work; and

3. whether or not the employee should be retained.

Employees serving a probationary period following initial hiring in a regular position shall receive all benefits provided in accordance with these policies with the following exceptions or as otherwise provided:

1. A new employee may accumulate vacation leave but shall not be permitted to take vacation leave during the probationary period unless the denial of such leave shall create an unusual hardship. Vacation may be granted in such a case only with the approval of the Department Head.

2. Employees hired on or after July 1 will not be eligible for longevity pay for that calendar year.

Section 13. Limitation of Employment of Relatives

A. Definitions:

1. “Close Relative” means a person who is related to the principal person as a spouse, child, grandchild, parent, grandparent, brother, sister, aunt, uncle, nephew or niece by blood, brother-in-law, sister-in-law, “step” relatives and adoptive ones. The brother-in-law and sister-in-law restriction does not include the husband or wife of an existing employee’s spouse’s sister or brother.

2. Department: an operational unit of the City consisting of the following designated departments:

1. City Administrator
2. Finance
3. Fire
4. Police
5. Parks and Recreation
6. Planning
7. Code Enforcement
8. Engineering
9. Information Services
10. Golf
11. public Works
12. Or such other department(s) as may from time to time be hereinafter designated by the Board of Mayor and Aldermen of the City of Sevierville.

3. Building: a permanent four- walled roofed structure, which contains the primary assigned work area for a City employee.

Section 14. Demotion

Any employee whose work in his or her present position is unsatisfactory or whose personal conduct is unsatisfactory may be demoted provided the employee shows promise of becoming a satisfactory employee in another position. Such a demotion shall be preceded by the warning procedures outlined in Article VIII, Section 1(A), 1(B), or 1(C) of these policies, whichever is applicable. An employee who wishes to accept a position with less complex duties and responsibility may request a voluntary demotion and be demoted for reasons other than unsatisfactory performance of duties or failure in personal conduct.

Representative causes for demotion because of failure in work performance, failure in personal conduct, or failure to follow the guidelines of the City of Sevierville Safety and Health Program are listed in Article VIII, Sections 1(A), 1(B), and 1(C) of these policies.

See Article V, Section 7(A) for Pay Rates regarding Demotion.

Section 15. Transfer

If a vacancy occurs and an employee in another department is eligible for a transfer and is selected, the department head wishing to hire the employee shall request the transfer, subject to the approval of the City Administrator.

(1) An employee in a probationary period is not eligible for internal transfers.

(2) An employee who has successfully completed a probationary period may be transferred to a different department and will be subject to a probationary period for the new position but will maintain all benefits.

See Article V, Section 7(B) for Pay Rates regarding Transfer.

Section 16. Oath of Office

Before taking office (or position) in the City Government, every employee shall take, subscribe to, and file with the City Recorder the following oath:

“I, ___________________, do hereby solemnly swear or affirm to honestly, effectively, and impartially execute the duties of _____________________and to support and defend the Constitution of the United States of America, the Laws of the State of Tennessee, and the Ordinances of the City of Sevierville to the best of my skill and ability, so help me God.

Article IV. Classification Plan

Section 1. Adoption

The position classification plan, as set forth in this Article is hereby adopted as the position classification plan for the City. The position classification plan is available for review in the City Recorder’s Office.

Section 2. Allocation of Positions

The City Administrator shall allocate each position covered by the classification plan to its appropriate pay grade in the Position Classification Plan. Position descriptions are prepared and maintained for each position in the City. These are reviewed and revised as needed.

Section 3. Administration of the Position Classification Plan

The City Administrator or his designee shall be responsible for the administration and maintenance of the position classification plan so that it will accurately reflect the duties performed by employees in the pay grades to which their positions are allocated. Department heads shall be responsible for bringing to the attention of the City Administrator (1) the need for new positions, and (2) material changes in the nature of duties, responsibilities, working conditions or other factors that may affect the classification of any existing positions.

When the City Administrator finds that a substantial change has occurred in the nature or level of duties and responsibilities of an existing position, the existing pay grade specification shall be revised and reallocated to the appropriate pay grade within the existing classification plan; or the position classification plan shall be amended to establish a new pay grade to which the position may be allocated.

Article V. The Pay Plan

Section 1. Adoption

The schedule of pay grades and pay steps, as set forth in the City’s budgetary documents is hereby adopted as the pay plan for the City. The pay plan shall include all pay grades of positions included in the classification plan. These budgetary documents are available for review in the City Recorder’s Office.

Section 2. Maintenance of the Pay Plan

The City Administrator shall be responsible for the administration and maintenance of the pay plan. The pay plan is intended to provide equitable compensation for all positions reflecting differences in duties and responsibilities, comparable rates of pay for positions in private and public employment in the area, changes in the consumer price index and the labor market, the financial conditions of the City, compliance with FLSA, and other factors. To this end, the City Administrator shall each year prior to preparation of the annual budget make comparative studies of all factors affecting the levels of pay grades, including internal relationships between positions, to reduce or eliminate any inequities and shall recommend to the Board of Mayor and Aldermen such changes in pay grades as appear to be warranted.

Periodically the City Administrator may feel that substantial change has taken place in the organization and labor market and may, with the Board of Mayor and Aldermen’s approval, contract for a complete review of all City positions, personnel policies, pay and benefits by an outside consultant or agency.

Section 3. Transition to Pay Plan

The following principles shall govern the transition to a new pay plan:

(A) No employee shall receive a pay reduction as a result of the transition to a new pay plan.

(B) All employees being paid at a rate lower than the minimum rate established for their respective pay grades shall have their pay raised to the new minimum for their pay grades consistent with Section 5 of this Article.

(C) All employees being paid at a rate below the maximum rate established for their respective pay grades shall be paid at a rate listed in the pay schedule. All employees not at a listed rate in the pay schedule shall have their pay raised to a listed rate consistent with Section 5 of this Article.

(D) All employees being paid at a rate above the maximum rate established for their respective pay grades shall remain at their present pay as long as the maximum rate for their pay grade is below the employees’ present pay.

Section 4. Use of Pay Grades

Pay grades/steps are intended to furnish administrative flexibility in recognizing individual performance among employees holding positions in the same pay grade by rewarding employees for meritorious service.

The minimum rate established for the pay grade is the normal hiring rate, except in those cases where unusual circumstances appear to warrant appointment at a higher rate. Appointment above the minimum pay step may be made with the approval of the City Administrator when deemed necessary and in the best interest of the City. Above-the-minimum appointments will be based on such factors as the qualifications of the applicant being higher than the desirable education and experience for the position, a shortage of qualified applicants available at the minimum pay step, the refusal of qualified applicants to accept employment at the minimum pay step or other similar factors.

Section 5. Payment at a Listed Rate

All employees covered by the pay plan shall be paid at a listed rate within the pay grade established for their respective position except for employees in a “trainee status” or employees whose present pay is above the established maximum rate for their pay grade following transition to a new pay plan.

Section 6. Pay of Trainee

An applicant hired or an employee transferred to a position in a higher pay grade, who does not meet all the established requirements of the position, may be appointed at a rate in the pay plan below the minimum established for the position. In such cases, a plan for training, including a time schedule will be prepared.

Trainee pay rates may be no more than two pay steps below the minimum pay established for the position for which the person is being trained. An employee will remain on the trainee pay step until the department head determines that the trainee is qualified to assume the full responsibilities of the position. The department head shall review the progress of each employee in a trainee status every three (3) months or more frequently as necessary, to determine when the trainee is qualified to assume the full responsibilities of the position. A trainee shall not be in such status for longer than one (1) year.

Section 7. Pay Rates in Demotion, Transfer, and Reclassification

When an employee is demoted, transferred or reclassified, the rate of pay for the new position will be established in accordance with the following rules:

(A) Demotion: An employee who is demoted for the benefit of the City may have the pay remain the same. If the demotion is for cause, the pay shall be reduced to a pay step in the lower pay grade. In the case of a voluntary demotion, the employee would maintain his current pay step level, but would be reduced to the pay grade level of the “demoted” position.

(B) Transfer: An employee transferring from one position to another position within the same pay grade shall continue to receive the same pay.

(C) Reclassification: An employee whose position is reclassified to a higher pay grade shall be increased to the lowest pay step within the new pay grade which is equal or above the employees current pay grade and step. If the reclassification is the result of a significant change in the scope of work and level of responsibility of the position, the pay step within the new pay grade may be adjusted accordingly subject to the written request of the Department Head and approval of the City Administrator. If the position is reclassified to a lower pay grade and the employee is receiving pay above the maximum pay step established for the new grade, the base pay of the employee shall be maintained at the pre-reclassification rate until such time as the new pay grade is increased above the employee’s current pay rate.

Section 8. Work Period

(A) Many of the services performed by City employees are essential and some must be provided day and night, every day of the year. Therefore, City employees may be required to work changing shifts, and the number of hours per day may differ.

(B) Work periods are generally as follows:

General Government Employees 40 Work Hours per 7 day work period (Pay Period begins at 12:01 AM on Saturday)

Police Personnel 171 Work Hours per 28 day work period (Pay Period begins at first shift on Saturday)

Fire Fighters 212 Work Hours per 28 day work period (Pay Period begins at first shift on Saturday)

In order to keep the City functioning efficiently, each employee’s job description will state specific time frames to be worked. Each employee shall adhere to the work times specified for his/her position.

When the activities of a particular department require some other schedule to meet work needs, the City Administrator may authorize a deviation from the normal schedule.

Exempt employees in administrative, professional or managerial positions shall work the number of hours necessary to assure the satisfactory performance of their duties.

Section 9. Overtime

(A) Department heads shall arrange the work schedules of their employees so as to accomplish the required work within the appropriate work periods. Employees shall be required to work overtime only in emergencies and the department head may order extensive overtime only with the approval of the City Administrator. Overtime work shall be considered work performed by an employee which exceeds the established work period of the employee. All overtime practices shall comply with the Federal Fair Labors Standard Act (FLSA) of 1983 as amended in 1985. The City Administrator, following FLSA regulations, shall determine which jobs are “non-exempt” and are therefore subject to the Act in areas such as hours of work and work periods, rates of overtime compensation, and other provisions.

Whenever practical, department heads will adjust schedules within the applicable work period for non-exempt employees, instead of paying overtime. Actual overtime worked will be paid at a time-and-one-half rate, in accordance with FLSA regulations. Employees in positions determined to be “exempt” from FLSA will not receive pay for hours worked in excess of their normal work periods. Job descriptions will indicate whether a position is exempt or not.

(B) The work periods established in Section 8 of this Article are used for the purpose of calculating overtime earned.

(C) Employees required to work hours over the maximum allowed in the assigned work period shall be compensated for such overtime hours worked subject to the following provisions:

(1) The position does not involve administrative, professional, managerial or other types of work exempt from coverage by FLSA.

(2) All overtime payments shall be earned at a rate of one and one-half hours for each hour of overtime worked.

(3) Department heads will pay employees for overtime work when it is not feasible to adjust schedules within the applicable work period for non-exempt employees.

(4) Vacation, sick, and other types of paid leave shall not be counted as time worked for computing overtime during a work period.

Supervisors shall be responsible for maintaining appropriate and accurate records detailing hours worked each day and total hours worked each work period. All time records must be signed by the supervisor and delivered to the City Recorder no later than Monday preceding pay day.

Section 10. Stand-By

Non-exempt employees may be required to remain in the greater Sevierville area to answer emergency service calls. When assigned such duty, the employee may be assigned for not more than two (2) calendar weeks in any month, and shall be entitled to call-out pay as described below. Stand-by time shall not be counted toward hours worked. Employees who are on stand-by and fail to respond to an emergency call may be subject to disciplinary action.

Section 11. Call-Out

When a non-exempt employee, after departing from his or her scheduled work period, is officially ordered to and does report back to work for emergency service, he/she shall be compensated for all hours worked at one and one-half times his or her regular hourly rate. The employee shall be paid a minimum of two (2) hours at this rate. Work time shall commence when the employee leaves his or her residence and shall end when the employee returns directly home.

Section 12. Merit Pay Raises

When the quality of an employee’s performance is worthy, the employee’s pay may be advanced from one pay step to the next higher pay step within the same assigned pay grade. Such merit pay raise shall be granted only after recommendation of the department head and approval by the City Administrator, and shall be based on the quality of the individual’s work performance. Such merit pay may be awarded to an employee who has received high scores on his/her annual employee evaluation. These employee evaluations will be done each year within 30 days of the employee’s anniversary date. This pay step increase may be granted if it will not exceed the maximum pay rate for the pay grade of the position.

Section 13. Longevity Pay

In order to reward satisfactory performing employees for their years of service to the City, each active regular full and part-time employee, hired prior to July 1^st, is eligible to receive longevity pay. Each full-time employee will receive a check in the amount of $300 net and each regular part-time employee, who works an average of 80 hours per month, will receive a check in the amount of $150 net. Longevity checks will be paid in December.

Section 14. Compensation for Absence on Official Business / Business Travel

(A) Absence due to official business:

(1) When an employee is away from the job on official City business or is participating in authorized training courses or attending authorized professional conferences, he or she will be considered as officially working and will be compensated based on an eight-hour day. This time will not be counted against the employee’s vacation or other authorized leave.

(2) Employees absent from the City on official business will be covered by Worker’s Compensation insurance in accordance with the “Tennessee Workers’ Compensation Act.”

(3) The travel portion of the personnel policies applies to City employees, City Attorney, Mayor, Board of Mayor and Aldermen Members or other persons who are traveling on official, approved City business.

(B) Reimbursement for expenses:

By Ordinance Number 094-07, the City of Sevierville adopted the Municipal Technical Advisory Services model travel policy using the same rates for travel reimbursement as the State of Tennessee. Copies of the travel policy, administrative procedures to be followed, and the required forms are available through the City Recorder’s office.

Refer to the City of Sevierville Purchasing Manual, Travel Policy for more detailed information.

Section 15. Payroll Deductions

Only payroll deductions specifically mandated or authorized by Federal, State or City act, or voluntarily elected by the employee may be deducted at each period from each employee’s pay.

Section 16. Pay Periods

All employees shall be paid on a biweekly basis with the payday being every other Friday. The pay received on Friday will pay the employee for work performed from the last pay period through the Friday preceding the current payday.

Section 17. Effective Dates of Pay Adjustments

Approved pay adjustments shall become effective at the beginning of the next pay period following the effective date indicated on the pay change form.
Article VI. Work Conditions and Expectations

Article VI. Work Conditions and Expectations

Section 1. Responsibility of Employee

Employees of the City shall be expected to:

(A) Report to work on time and to remain on the job until the end of the shift or workday.

(B) Perform duties to the best of their ability and contribute a full day’s work for a full day’s pay.

(D) Request prior approval before taking leave of absence and before leaving the work site.

(E) Refrain from spreading rumors or engaging in other activities that have a disruptive influence on morale or work progress.

(F) Avoid displaying any attitudes, work habits or job performance that, in the opinion of their supervisor, impedes the proper delivery of service(s) to the citizens of the City of Sevierville.

(G) Refrain from any act that is in conflict with the performance of their duties.

(H) Report any unsafe equipment or hazard in the workplace.

(I) Give proper notice of termination (2 weeks for most employees, 30 days for department heads). Notice period shall not include vacation or sick leave or leave without pay.

Section 2. Responsibility of Department Head

Department heads shall meet responsibilities as directed by the City Administrator, being guided by the City Charter, ordinances, and policies. They will meet their responsibilities and require their supervisors to meet their responsibilities by:

(A) Dealing with all employees in a fair and equitable manner and upholding the principles of equal employment opportunities.

(B) Developing and motivating employees to reach their fullest potential through continued education and training.

(C) Making objective evaluations of individual work performance and discussing these evaluations with each employee so as to bring about needed improvements.

(D) Keeping employees informed of their role in accomplishing the work of their unit and of conditions or changes affecting their work.

(E) Making every effort to resolve employee problems and grievances and advising employees of their rights and privileges.

Section 3. Attendance

(A) Because City services are essential and continuous, an employee shall avoid unnecessary absences and tardiness. Attendance and punctuality are important responsibilities of the employee, which may influence his future eligibility for a merit pay award.

(B) The employee shall be required to call his or her supervisor in advance to advise when illness prevents reporting to work or when the employee expects to be late for work because of unusual and unavoidable circumstances.

(C) In emergency situations, the employee or his designee is required to notify the employee’s supervisor about the situation as soon as possible.

(D) Employees who report to work late repeatedly, without a legitimate reason, are subject to disciplinary action.

Section 4. Performance Evaluation

A supervisor shall evaluate performance beginning with the employee’s first day on the job. Through open communications with his or her supervisor, the employee should obtain a clear understanding of what is expected related to job performance and a periodic assessment of his or her job strengths and weaknesses.

A formal evaluation shall be completed for an employee prior to the completion of his or her probationary period and within 30 days of the employee’s anniversary date each year thereafter. The City’s performance evaluation program provides a system for appraising the employee’s work.

Section 5. Gifts and Favors

(A) The conduct of an employee in City service shall be free from influence arising from gifts, favors or special privileges.

(B) No official or employee shall accept any gift, favor or thing of value that may tend to influence that employee or official in the discharge of duties.

Section 6. Political Activity Restricted

(A) Each employee has a civic responsibility to support good government by every available means and in every appropriate manner. The City encourages an employee to exercise this responsibility to support all levels of government by voting for the political candidates and issues of their choice.

(B) Employees may join or affiliate with civic organizations of a partisan or political nature; may attend political meetings; may advocate and support the principles or policies of civic, social, fraternal or political organizations in accordance with the Constitution and laws of the State of Tennessee and in accordance with the Constitution and laws of the United States of America.

(1) Engage in any political or partisan activity while on duty.

(2) Use official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for office.

(3) Be required as a duty of employment or as a condition for employment, to contribute to, solicit for or act as custodian of funds for political or partisan purposes.

(4) Coerce or compel contributions for political or partisan purposes from another employee of the City.

(5) Use any supplies or equipment of the City for political or partisan purposes.

(6) Display any political advertisement in or on City property.

(7) Be a candidate for or hold elective City of Sevierville office.

Any violation of this section shall subject such employee to disciplinary action up to and including dismissal.

Section 7. Outside Employment

The City has no intention of regulating what an employee does during his or her own time away from the job, as long as off-duty activities do not represent a conflict of interest or reflect discredit on the City. The work of the City will take precedence over other occupational interests of employees. In order to make certain that no conflict of interest or situations likely to reflect discredit on the City exists, all regular full and part-time employees desiring outside employment for pay, wages or commission and/or self-employment must submit a written request for approval to the department head, who will forward the request and a recommendation to the City Administrator for final written approval. Conflicting outside employment will be grounds for disciplinary action up to and including dismissal.

Section 8. Conformance to Immigration Law Requirements

All employees are required to furnish proof of citizenship or other required documents indicating a legal right to work in the United States. Copies of the completed form I-9 shall be a permanent part of the employees’ personnel files.

Section 9. Information Communication

Disclosure of any information concerning the City shall be in accordance with applicable statutes to the State of Tennessee which includes the open records act, and also, the confidential record information statute.

Section 10. Prohibition of Tape Recording

No employee of the City shall record by electronic device a conversation with another employee unless the employee has first obtained written permission to do so by the City Administrator. Such permission shall clearly state the following:

	the person who is authorized to do the recording
	the person or persons whom they are authorized to record
	the specific period of time when recordings are authorized
	the reasons for the authorization

Such authorization shall only be granted when there is a reasonable assurance that the recordings will provide evidence of a violation of City Personnel Policies related to sexual harassment, drugs or alcohol abuse, misuse or theft of City property, or misuse of position. All copies of recordings shall be turned over to the City Administrator and shall be used for no other purpose than that for which they were authorized.

Section 11. Controlled Substances

No employee shall use intoxicating beverages or intoxicant or be under the influence of impairing herbal supplements, legend drugs, non-prescription drugs, or other controlled substances while reporting for duty or on duty. Any employee using medication or drugs, which may affect job performance or safety, shall notify his or her supervisor immediately upon reporting to work.

All employees will be subject to random drug/alcohol testing. Employees carrying job-related CDL’s will be in a separate pool from the rest of the employees in order to meet State of Tennessee guidelines.

Please refer to Article XII. Substance Abuse Policy for detailed information.

Section 12. Tobacco Products

The use of any tobacco products by employees of the City of Sevierville inside City buildings or vehicles is prohibited.

Section 13. Use of City-Owned Equipment

(A) City equipment, materials, tools, and supplies shall not be available for personal use nor be removed from City property except in the conduct of official City business.

(B) Employees shall care for City-owned vehicles in the same responsible way that they would care for their own. These vehicles are to be used exclusively for City business, except that, by special approval of the City Administrator, an employee may be directed to take the vehicle home when doing so shall serve the best interest of the City.

Section 14. Discrimination/Harassment

No discrimination or harassment shall be exercised, threatened or promised against or in favor of applicants or employees because of their race, religion, national origin, age, political beliefs, gender or disabilities. No discrimination or harassment of any form shall be tolerated, and discriminatory or harassing behavior will subject the offending individual to disciplinary action up to and including termination. (See Sexual Harassment Policy, Article XIII).

Section 15. Personal Indebtedness

It is expected that each employee of the City will keep his or her financial affairs arranged in such a way that the City will not be embarrassed by excessive personal indebtedness. Failure to satisfy a creditor’s legitimate claim within a reasonable period of time may result in appropriate disciplinary action.

Section 16. Surrender of Property

An employee who is suspended or discharged shall be required to return all items of equipment and supplies, including uniforms, owned by the City. Return of such equipment must precede the issuance of such an employee’s final check. Each employee must return his/her equipment upon retirement.

Section 17. Clothing

Employees required to wear uniforms while on duty shall be furnished such uniforms by the City. The employee is responsible for the care and maintenance of the uniforms, will pay the cost of avoidable damage or loss, will wear them only when working, will not allow anyone else to wear them, and will return them to the City, if requested by the Department Head, upon separation from employment with the City. No City employee shall profit from the disposition of uniforms.

Section 18. Safety Plan

All employees shall receive and read the City’s Safety Plan. A copy of the Safety Plan is also available from your Department Head.

Section 19. Solicitations

No employee shall solicit pledges or contributions or promote sales for any cause during working hours except with the prior permission of the City Administrator.

Article VII. Leaves of Absence

Section 1. Holidays

The following days, and other days as the Board of Mayor and Aldermen may designate, are holidays with pay for regular full-time employees.

	New Year’s Day
	Martin Luther King, Jr.
	Good Friday
	Memorial Day
	Independence Day
	Labor Day
	Veteran's Day
	Thanksgiving Day
	Day After Thanksgiving
	Christmas Day
	Floating Holiday (To be determined annually by City Administrator)

(A) When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. All employees required to work on an observed holiday shall be paid at their regular rate of pay for actual hours worked on the holiday. This shall be in addition to the regular rate of pay to compensate the employee for the designated holiday. Department heads shall submit a roster to the Payroll Office including names of employees, position classification, and actual hours each employee worked on the holiday.

(B) Only regular full-time non-exempt employees who are in pay status on the scheduled workday before and after the holiday shall be eligible for holiday pay. For employees having a work period with greater hours than the basic work period, compensation shall be granted in the same proportion as their work period is to a forty (40) hour work period.

Section 2. Effect of Holidays on Other Types of Leave

Regular holidays, which occur during a vacation, sick or other leave period of any regular full-time employee of the City shall not be considered as vacation, sick or other leave.

Section 3. Injury or Illness-related Leave

Regardless of type of leave taken, the employee’s supervisor or department head may require a physician’s certificate concerning the nature of the illness and the employee’s physical capacity to resume duties for each occasion on which an employee has an injury or illness-related absence. A physician’s certificate may be required by the department head if absence occurs the day before or the day after a holiday. The employee may be required to submit to such medical examination or inquiry as is deemed desirable. A physician’s release will be required in the event of an off-the-job injury or serious illness, which could potentially limit job performance or capabilities. The department head shall be responsible for the enforcement of this provision to the end that employees shall not be on duty when their presence may endanger their health or the health of other employees. This applies to all employees including Temporary.

Section 4. Vacation Leave

Vacation leave shall be used for rest and relaxation and may be used for medical appointments and other personal needs.

(A) Initial Appointment

(1) Employees serving a probationary period following initial appointment may earn vacation leave, but shall not be permitted to take vacation leave during the probationary period unless the denial of such leave will create an unusual hardship. Vacation leave may be taken during this period only with the prior approval of the department head.

(2) Persons employed for partial months will earn vacation leave for that month on a prorated basis.

(B) Vacation Leave - Manner of Accumulation

(1) Any regular full-time employee working the basic work period of 40 hours shall earn vacation leave at the following rates:

Years of Service	Earned Each Month	Earned Each Year	Days
1st Year	6 2/3 Hrs.	80 Hrs.	10
2 - 5	8 Hrs.	96 Hrs.	12
6 - 10	10 Hrs.	120 Hrs.	15
11 - 15	12 Hrs.	144 Hrs.	18
16 or more	13 1/3 Hrs.	160 Hrs.	20

(2) For regular full-time employees having a work period with greater hours than the basic work period, vacation leave shall be granted in the same proportion as their work period is to a forty (40) hour work period.

(3) Regular part-time employees, who regularly work an average of 80 hours per month, shall earn vacation leave at 4 hours per month.

(4) Vacation leave continues to accumulate while an employee is on approved leave and paid by the City of Sevierville.

(5) An employee on vacation cannot work for the City.

(6) An employee cannot use vacation that has been earned by another employee.

Vacation leave may be accumulated to a maximum of 240 hours per fiscal year. At the end of each fiscal year, any employee with more than 240 hours of accumulated leave shall have the excess accumulation converted to sick leave so that no more than 240 hours is carried forward. (The maximum amount of vacation leave for a fire department employee to carry forward is 300 hours.)

Employees are cautioned not to retain maximum accumulation of vacation leave. Due to the necessity to keep all City functions in operation, large numbers of employees cannot be granted leave at any one time. No employee shall be allowed to schedule vacation at a time that will create a burden for the remainder of the staff. If a conflict arises between employees wishing to schedule vacation during the same period, the conflict will be resolved based on employee seniority and/or the order in which vacation requests are received and/or needed.

No employee may take more than six weeks of vacation in any calendar year regardless of the amount of vacation leave accrued. Vacation leave may be taken in increments of one-half hour subject to the approval of the department head

Employees are eligible to convert a maximum of forty hours of accumulated vacation leave to cash each year, provided the employee has a remaining balance of forty hours after converting. Such requests shall be received only in May of each year for payment in June.

(D) Vacation Leave - Manner of Taking Leave

Vacation leave may be taken as earned by an employee subject to the approval of the supervisor. Such leave should be scheduled in advance (30 days if possible). Leave records will be maintained in the City Administrator’s or his designee’s office.

Use of vacation leave shall not cause pay period hours to exceed normally scheduled hours.

(E) Vacation Leave - Adverse weather

Only the City Administrator may declare when administrative leave will be given for adverse weather conditions. No employee is expected to report to work when he or she feels unsafe. Vacation days may be taken by those employees who need to be absent for this reason.

(F) Vacation Leave - Terminal Pay of Vacation Leave

An employee who is separated without failure in performance of duties or personal conduct, shall be paid for vacation leave accumulated to the date of separation not to exceed the maximum of 240 hours, provided completion of twelve (12) months or more of continuous service has occurred and provided that written notice has been submitted to the employee’s immediate supervisor at least two weeks in advance of the effective date of separation. The notice period shall not include vacation or sick leave or leave without pay.

For involuntary separation due to failure in performance of duties, failure in personal conduct, or failure to follow the guidelines of the Safety and Health Program as outlined in Article VIII, Sections 1(a), 1(b), and 1(c) of these policies, accumulated vacation leave may be withheld at the discretion of the department head at the time of an employee’s separation.

Employees who do not give proper notice (2 weeks for most employees, 30 days for department heads) will not be paid for their accumulated vacation upon termination. Notice period shall not include vacation or sick leave or leave without pay.

(G) Vacation Leave - Payment for Accumulated Vacation Upon Death

The designated beneficiary of an employee who dies while employed by the City shall be entitled to payment for all of the accumulated vacation leave credited to the employee’s account not to exceed a maximum of 240 hours at the time of death.

Section 5. Sick Leave

Sick leave with pay is not a right that an employee may demand, but a privilege granted by the Board of Mayor and Aldermen for the benefit of an employee when sick. Sick leave shall be granted to an employee absent from work for any of the following reasons: sickness, bodily injury, quarantine, required medical or dental examinations or treatment or exposure to a contagious disease, when continuing work might jeopardize the health of others. Sick leave may be used when an employee must care for his/her spouse, child or parent.

Notification of the desire to take sick leave should be submitted to the employee’s supervisor prior to the leave, when possible. Unexcused absences are serious matters and must be avoided.

(A) Sick Leave - Manner of Accumulation

(1) Any regular full-time employee working the basic work period of 40 hours shall be granted sick leave computed at the following rate:

Hrs. Accrued                        Hrs. Accrued                     Days Accrued
Each Month                          Each Year                        Each Year
8 hours                                96 hours                           12 days

For regular full-time employees having a work period with greater hours than the basic work period, sick leave shall be granted in the same proportion as their work period is to a forty (40) hour work period.

(3) Regular part-time employees, who regularly work an average of 80 hours per month, shall earn sick leave at 4 hours per month.

(4) Persons employed for partial months will earn sick leave for that month on a prorated basis

An employee must be employed for three (3) months before he or she is eligible to use accumulated sick leave. Sick leave continues to accumulate while an employee is on approved leave and paid by the City of Sevierville.

(B) Sick Leave - Maximum Accumulation

Sick leave is allowed to accumulate without a maximum limitation. Credit for any unused sick leave may be added to length of service at retirement if it would be advantageous to the employee in calculating retirement benefits.

Sick leave is not to be abused and will be granted with pay only when the employee:

(1) Calls his or her supervisor and gives proper notice.

(2) Tells his or her supervisor the general nature and expected duration of the illness.

(3) Provides a physician certificate, if requested by the Department Head.

(4) Keeps the supervisor informed, daily if necessary, of the status of the illness.

(5) Failure to give proper notice, keep the supervisor informed or give an expected return date may cause the employee to be placed on leave without pay.

(6 An employee will not work at the same time that he or she is on paid sick leave nor will an employee engage in any activity that may or might ultimately result in financial gain to the employee or his family.

(7) An employee will not give his or her accumulated sick leave to another employee.

(8) An employee absent from work for more than 60 consecutive scheduled work days because of sickness or injury shall file application for disability, early or service retirement or show evidence to the satisfaction of the department head that the disability is not permanent.

(9) Using sick leave under false pretenses is a serious violation of City policy, and is grounds for dismissal. The City Administrator is responsible for monitoring sick leave usage. The City Administrator reserves the right to deny use of sick leave for any claim, which is not substantiated.

(10) No employee shall be paid for unused sick leave.

(D) Sick Leave on Separation

No employee shall be paid for any accrued sick leave.

Section 6. Leave Without Pay – Policy

Employees may request and be granted a leave of absence without pay for a maximum of 3 months if approved by the City Administrator. Multiple requests will be considered under extreme circumstances.

Combination of leave types cannot exceed 25 months.

The employee shall apply in writing to his/her Department Head for recommendation to and consideration by the City Administrator.

The employee is obligated to return to duty within or at the end of the time determined appropriate by the City Administrator. Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same position held at the time leave was granted or to one of like classification, seniority, and pay. If the employee decides not to return to work, the supervisor should be notified immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested and approved, shall be considered a resignation.

Leave without Pay - Effect on Benefits

An employee shall retain all unused vacation and sick leave while on leave without pay. An employee ceases to earn leave credits on the date leave without pay begins. The employee will continue to be eligible for City provided benefits only as provided for in Sections 7 through 12 as follows:

Section 7. Family/Medical Leave

“Eligible” employees of the City of Sevierville may take up to 12 weeks of unpaid family leave per fiscal year. To be “eligible”, an employee must have worked for the employer for at least 12 months with at least 1,250 hours during the year preceding the start of the leave.

Family leave is available for the following reasons:

1. To care for the employee’s child after birth, placement, adoption or foster care;

2. To care for an employee’s spouse, child or parent who has a serious health condition;

3. For a serious health condition that makes the employee unable to perform his or her job.

An employee desiring family leave must provide 30 days of advance notice when the leave is foreseeable and provide medical certification to support a leave request because of a serious health condition. The City will provide for the cost of benefits as provided under the Family and Medical Leave Act. Employees on approved Family/Medical Leave will continue to receive all benefits just as if they were still working. Details on the Family and Medical Leave Act are available in the City Recorder’s office.

State Medical Leave Law provides for an additional 4 weeks of unpaid maternity leave.

Section 8. Workers’ Compensation Leave

An employee absent from duty because of sickness or disability covered by the Tennessee Workers’ Compensation Act shall receive benefits as outlined by the Act. The employee may elect to use accumulated vacation and sick leave as a supplemental payment for the difference between the employee’s regular net pay and the net payments received under the Workers’ Compensation Act for no longer than 90 days from the date of injury. Vacation and Sick leave will continue to accrue as if the injured employee was still working. Upon reinstatement, an employee’s pay will be computed on the basis of the last pay earned plus any increment or other pay increase to which the employee would have been entitled during the disability covered by Workers’ Compensation.

Light duty work will be required, if available and with physician’s release based upon the light-duty job description, for employees on approved Worker’s Compensation Leave. Light duty assignments are only temporary and will be paid at that particular job’s rate. Worker’s Compensation Insurance may pay the standard percentage of the difference between the light-duty job and the injured employee’s regular rate of pay. Light duty work is a privilege and not a right.

Temporary employees will be placed in a leave without pay status and will receive all benefits for which they may be adjudged eligible under the Workers’ Compensation Act.

Employees must report work-related accidents during the shift in which they occur. Failure to do so may result in benefits being denied. Reports will be submitted on the appropriate claim/accident reporting form. The City Recorder’s office shall provide all necessary assistance in completing accident reports.

Worker’s Compensation Leave will be denied if the post-accident Alcohol/Drug test is failed.

Section 9. Death Leave

A regular full-time employee may have up to three (3) days leave at full pay granted when attending to matters surrounding the death of the employee’s parent, spouse, or child. An employee may have (1) day leave at full pay granted when attending the funeral of the employee’s grandparent, grandchild, brother, or sister or when attending the funeral of his/her spouse’s parent or child. Additional time to settle affairs of the family may be taken with the approval of the department head and should be charged to sick leave. Leave to attend funerals of other than the aforementioned family members may be granted by the department head and charged to vacation leave.

Created and Maintained by the Department of Information Services. Contact I.S. for StaffNet support, questions or suggestions. Revised: 09/29/09.

Created and Maintained by the Department of Information Services.
Contact I.S. for StaffNet support, questions or suggestions.
Revised: 09/29/09.