Chapter 7 | Conduct

Each rule and each section of the Personnel Policy Manual is an independent rule. The holding of any rule or section to be void, invalid or ineffective for any reason does not affect the validity of any other rule or section. In the event that any of the policies in this Personnel Policy Manual are found to be in conflict with the laws of the State of Illinois, the rules of the Fire and Police Commission or any current collective bargaining agreement between the Village and some of its employees, the laws, rules or agreements shall take precedence. 

7.1 Employee Disciplinary Guidelines

Policy
The Village administers discipline fairly, reasonably, and impartially, using procedures to ensure that prompt disciplinary action is taken with employees whose performance is unsatisfactory or whose conduct or failure to observe Village polices necessitates such action.

Guidelines
A. This policy applies to all regular Village employees below the position of department director.

B. A system of progressive discipline is generally used for conduct not conducive to employment with the Village. The implementation of a system of progressive discipline is not to be construed as preventing, limiting or delaying the Village from taking appropriate disciplinary action against an employee at any point in the process, including discharge, without prior warning, when such action is determined to be appropriate. Progressive discipline consists of the following:

  • Written warning
    A written warning is to be utilized for infractions of a minor degree or when a performance problem has not been corrected through informal discussions.
  • Written reprimand
    A written reprimand is to be utilized when an employee continues to have difficulties in the same area or if the violation or infraction is more serious.
  • Suspension
    A suspension is to be utilized for a severe violation of policies or for repeated violations. Exempt employees may not be subject to partial week suspensions for other than safety violations of major significance.
  • Discharge
    An employee may be terminated for a severe violation or repeated violations If a department director wants to recommend an employee be discharged, the director must provide the employee with a written statement of the specific reasons for the recommendation for discharge. A copy of the recommendation is to be sent to the Village Manager.

The disciplined employee may file a grievance on the discipline received, except for a recommendation for termination. 

C. All discipline is to be recorded on a Disciplinary Action Form. The Disciplinary Action Form is to be signed by the individual giving the discipline and the employee being disciplined. A copy of the Disciplinary Action Form is to be sent to the Human Resources Department to be placed in the employee’s personnel file.

D. In the case of a recommendation for discharge, the Village will conduct a pre-discharge hearing. An employee will be provided with notice of the recommendation for discharge. The notice shall include an explanation of the reasons on which the recommendations is based and the time and date for a pre-discharge hearing. If the employee fails or refuses to appear, the discharge may proceed. The pre-discharge hearing will be presided over by the Village Manager. At the hearing, the employee will be given an opportunity to explain why the discharge should not occur. The employee may bring one person to the hearing as an observer or representative. The Village Manager shall determine who else, if anyone, may participate in the hearing and how the hearing will be conducted. With five working days after the pre-discharge hearing, the Village Manager will issue a written decision on whether the discharge will proceed or whether lesser disciplinary action will be given. The Village Manager may extend the five-day time period as needed.

7.2 Prohibited Conduct

Policy
The continuing employment of every employee is contingent upon acceptable conduct and satisfactory performance of duties. The Village forbids retaliation against any employee for reporting any individual’s inappropriate conduct.

Guidelines
A. The following list contains examples of inappropriate conduct. This list is fundamental in character and is designed for the convenience and protection of everyone. Engaging in any of the listed behaviors may result in discipline, up to and including termination. The absence of a behavior from this list will not be the basis for avoiding disciplinary action when a supervisor believes discipline is warranted. This list is not exhaustive:

  • Disobeying safety regulations, including failure to promptly report work-related accidents to supervisors
  • Inappropriate use of the internet, email, voice mail or other forms of electronic communication
  • Physically harming others
  • Verbally abusing others
  • Using intimidation tactics and making threats
  • Sabotaging another's work
  • Making malicious, false and harmful statements about others
  • Excessive or unauthorized use of Village equipment for personal matters Insubordination
  • Job abandonment: Absent from work without notice for three consecutive days
  • Political activity on Village time
  • Possession, use, distribution, manufacture, or sale of any controlled substance or illegal drugs
  • Reporting to work or being at work under the influence of alcohol and/or drugs
  • Theft or unauthorized possession of Village property
  • Possession of weapons on Village premises or while on Village business unless specifically authorized by the Village to do so
  • Use of tobacco products or e-cigarettes in a Village owned or leased vehicle
  • Violation of applicable Village ordinances and State or Federal laws 

B. Any employee witnessing any of the above-listed or similar behaviors on Village property or against a Village employee on Village business shall report such incident to their supervisor or the Director of Human Resources.

7.3 Grievance Procedure

Policy
It is usually most desirable for employees and their immediate supervisors to resolve problems through free and informal communications. If this informal process does not resolve the problems, employees have the right to file grievances. No employee using this grievance procedure shall be subject to any unjust treatment as a consequence thereof.

Guidelines
A. A grievance is any dispute between an employee and the employee’s department concerning the meaning, interpretation or application of written work rules or the Village’s personnel policies concerning terms or conditions of employment.

B. The following items are not grievable:

  • The content of job descriptions and the salary and grade assignments for jobs
  • Policy decisions approved by the Village Manager regarding the salary and benefit structure (issues concerning equal application of these policies are grievable)
  • Discipline or termination of probationary employee. 

C. Any employee who has a grievance shall submit the grievance in writing to the employee’s department director. The grievance must contain a complete statement of the facts, the work rule or Village personnel policy alleged to have been violated and the relief requested. All grievances must be presented no later than ten working days from the date of the occurrence of the first event giving rise to the grievance or from the date the employee should have known about the event giving rise to the grievance. The department director may meet with the employee to discuss the grievance. The department director will respond to the grievance, in writing, within ten working days of the receipt of the grievance or within ten working days of the meeting, whichever is later.

D. If the grievance is not resolved by the department director, the grievant may appeal the grievance to the Village Manager. The appeal must be submitted in writing within five working days of receipt of the answer from the department director. The Village Manager or designee may schedule a meeting with the aggrieved employee and any other individuals who may be able to provide relevant information with respect to the grievance. If possible, the meeting should be scheduled within ten working days of receipt of the grievance appeal. The Village Manager will provide a written response to the grievance appeal within 15 working days of receipt of the appeal or within 15 working days of the meeting, if one is held. The written decision of the Village Manager is final and binding.

7.4 Anti-Harassment

Policy
The Village is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment, the Village does not tolerate harassment of its employees by anyone, including any supervisor, co-worker or vendor. The Village will not tolerate discriminating and harassing conduct that affects tangible job benefits or interferes unreasonably with an individual’s work performance or that creates an intimidating, hostile or offensive working environment. The Village forbids retaliation against anyone for reporting harassment, assisting in making a harassment complaint, or cooperating in a harassment investigation.

Guidelines
A. Harassment consists of unwelcome actions or conduct, whether verbal, physical or visual, that is based upon a person’s protected status, such as sex, color, race, ancestry, religion, national origin, age, physical and mental handicap, marital status, military status, gender identity, sexual orientation or any other protected group status. There are two types of harassment:

Discriminatory Harassment
Unwelcome verbal, physical or visual conduct which is directed at someone because of their protected status when:

  • Such conduct has the purpose or effect of unreasonably interfering with the individual’s work performance
  • Such conduct creates or has the intention of creating an intimidating, hostile or offensive work environment.

Discriminatory harassment may include but is not limited to nicknames, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that belittles or shows hostility toward an individual or group.

Sexual Harassment
Unwelcome sexual advances, requests for sexual favors and other physical, verbal or visual conduct based upon sex constitutes sexual harassment when:

  • Submission to the conduct is an explicit or implicit term or condition of employment
  • Submission to or rejection of the conduct is used as a basis for an employment decision.

Sexual harassment may include but is not limited to explicit sexual propositions, sexual innuendo, suggestive comments, sexually-oriented “kidding” or “teasing,” “practical jokes,” jokes about gender-specific traits, foul or obscene language or gestures, display of foul or obscene printed or visual material, and physical contact such as patting, pinching, or brushing against another’s body.

B. It shall not be considered harassment for a supervisor who, in a fair, lawful and consistent manner, enforces standards of conduct and job performance or attempts to correct work habits requiring improvement.

C. All Village employees are responsible to help ensure that the Village avoids harassment in the work place. Any employee who feels they have experienced or witnessed harassment should immediately notify the Director of Human Resources, as well as the Department Director, if appropriate.

D. All complaints of harassment will be investigated promptly and thoroughly. To the fullest extent practicable, the Village will keep complaints and the terms of their resolution confidential. If the investigation confirms that harassment has occurred, the Village will take appropriate corrective action, up to and including termination of employment.

7.5 Violence in the Workplace

Policy
The Village does not tolerate any threats, threatening behavior or acts of violence against employees, visitors, or other individuals by anyone on Village property or while an employee is off-premises engaged in Village business. Violations of this policy will lead to disciplinary action up to and including termination and may also lead to arrest and criminal prosecution. The Village forbids retaliation against any employee for reporting any violence in the workplace.

Guidelines
A. “Workplace violence” includes any behavior or conduct on Village premises which is sufficiently severe, offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of co-workers and/or property. It includes, but is not limited to:

  • Any physical behavior which involves aggressive contact with any other person, including pushing, hitting, fighting, throwing objects or otherwise intentionally injuring another person or attempting to injure another person
  • Any physical behavior that would place a reasonable person in fear of receiving imminent physical injury or other aggressive physical contact of the sort discussed above
  • Any act of vandalism or other intentional damage or destruction of Village property. 

B. Employees who become aware of workplace violence or any threat of workplace violence, whether by an employee or non-employee are obliged to immediately report such action to their immediate supervisor. Employee reports made pursuant to this policy will be held in confidence, to the extent permitted by law.

C. Threatening actions that may be considered endangering or life-threatening by or against any employee or individual on Village property should be responded to by calling 9-911 and ext. 5339 or 5343. If this behavior occurs while an employee is off-premises engaged in Village business, it should be responded to by calling 911.

7.6 Drug Free Workplace

Policy
To ensure a safe working environment and to enable the Village to be considered a “responsible source” for the award of federal grants by being in compliance with the Federal Drug-Free Workplace Act, the Village of Arlington Heights declares itself a Drug-Free Workplace. In accordance with the Federal Drug-Free Workplace Act, the Village will not permit the unauthorized use of, consumption of, or possession of drugs or alcohol on Village property.

Guidelines
A. Any location at which Village business is conducted is declared to be a drug-free workplace. This includes Village vehicles and any private vehicles parked on Village premises or worksites.

B. All employees are prohibited from unlawfully manufacturing, distributing, dispensing, possessing, or using controlled substances in the workplace. The following is a partial list of controlled substances:

  • Narcotics (heroin, morphine, etc.)
  • Cannabis (marijuana, hashish)
  • Stimulants (cocaine, amphetamines, etc.) H
  • Hallucinogens (PCP, LSD, designer drugs, etc.)

The Human Resources Department can provide a complete list and explanation of controlled substances.

C. By federal law, acknowledgement of and agreement with this policy is required of employees as a condition of employment. All employees will receive a copy of this policy, a booklet explaining the dangers of drug use and an acknowledgement form to sign at orientation. The acknowledgment form will be kept in the employee’s personnel file. Failure to comply with this requirement will result in termination of employment.

D. Any employee convicted of violating a criminal drug statute in the workplace must inform his supervisor of that conviction (including pleas of guilty and nolo contendre) within five days of the conviction. This information will then be forwarded to the Director of Human Resources. In accordance with federal law, the Village will then notify the federal drug contracting officer within ten days of receiving notice of the conviction.

E. Any employee violating this policy is subject to discipline, up to and including termination for the first offense.

F. The Village reserves the right to offer employees participation in an approved rehabilitation or drug abuse assistance program, at the employee’s cost, as an alternative to or in conjunction with, discipline. If such a program is accepted by the employee, then the employee must satisfactorily complete the program as a condition of continued employment.

G. All applicants who have received a conditional offer of employment will be tested for illegal drugs. Any offer of employment may be revoked from any applicant who tests positive for illegal drugs. Applicants who were denied employment because of a positive drug test may not reapply for employment for six months. Positive drug tests are subject to a second confirmatory test. An independent certified medical laboratory will test all samples. The name and address of the laboratory will be available to all applicants upon request.

7.7 Drug & Alcohol Testing for Commercial Driver's License Holders

POLICY
In compliance with the Omnibus Transportation Employee Testing Act of 1994 and Federal Highway Administration regulations requiring drug and alcohol testing for commercial driver’s license holders, which mandates urine drug and evidential breath alcohol testing for employees in safety-sensitive positions, including those who are required to hold a commercial driver’s license (“CDL”), the Village will take all steps necessary to ensure that its employees perform their duties and responsibilities free of the influence of drugs and alcohol. There will be mandatory drug and alcohol testing for employees and job applicants as set forth in the guidelines below.

Guidelines
A. The following conduct regarding alcohol and drug use or abuse is prohibited:

  • Alcohol concentration
    An employee may not perform duties covered under this policy while having an alcohol concentration of .02 or greater.
  • Alcohol possession and on-duty use of alcohol
    An employee may not possess or use alcohol while on duty or while operating a commercial vehicle.
  • Pre-duty use of alcohol
  • An employee may not operate a commercial vehicle within four hours after using alcohol. An on-call employee who consumes alcohol within four hours of being called in must acknowledge the use of alcohol and may not report for duty.
  • Alcohol use following an accident
    An employee required to take a post-accident alcohol test may not use alcohol for eight hours following the accident, or until a post-accident alcohol test is given, whichever come first.
  • Use of drugs
    An employee may not report for duty or remain on duty which requires driving a commercial vehicle when the employee has used a drug or drugs, except when the use is pursuant to instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial vehicle. Employees who are taking a prescription or over-the-counter medication that may impair their ability to perform their duties safely and effectively must provide written notice from their physician or pharmacist with respect to the effects of such substances.
  • Refusal to submit to a required test
    An employee may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this policy.
  • Positive drug or alcohol test
    An employee may not report for duty or remain on duty requiring the performance of duties covered under this policy if the employee tests positive for drugs or alcohol.
  • Tampering with a required test
    An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy.
  • Possession, transfer or sale
    No employee may possess, transfer or sell drugs or alcohol while in any position covered by this policy. 

B. The following describes the various tests the Village may use pursuant to this policy:

Pre-employment drug testing
All individuals who are covered by this policy must pass a drug test as a post-offer condition of employment.

Reasonable suspicion testing
Employees subject to this policy shall submit to a drug and/or alcohol test when the Village reasonably believes that this policy (except the prohibitions against possession, transfer or sale of alcohol) may have been or is presently being violated. A referral for testing will be based on contemporaneous, articulable observations. Such referrals will be made by supervisory personnel who have received training concerning the signs and symptoms of drug and alcohol use. Alcohol testing for reasonable suspicion may be conducted just before, during or after an employee operates a commercial vehicle. If removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not administered within eight hours, the employee will not be allowed to perform or continue to perform covered functions until:

  • An alcohol test is administered and the driver’s breath alcohol concentration measures less than .02
  • 24 hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated this policy concerning the use of alcohol. 

Post-accident testing
Following an accident (as defined in the attachment) involving a commercial vehicle:

1. The driver is required to submit to alcohol tests where:

  • A fatality occurs as a result of the accident
  • When the driver receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident if the accident involved:
    A. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident
    B. One or more motor vehicles incurring disabling damage as result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

2. The driver is required to submit to controlled substance tests where:

  • A fatality occurs as a result of the accident
  • When the driver receives a citation within 32 hours of the occurrence under State or local law for a moving traffic violation arising from the accident if the accident involved:
    A. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident
    B. One or more motor vehicles incurring disabling damage as result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. 

A driver who is subject to post-accident testing must remain readily available for such testing and may not take any action to interfere with testing or the results of testing. Drivers who do not comply with post-accident testing will be considered to have refused to submit to testing and will be subject to discipline for refusal to test as provided in this policy.

Random testing
Employees covered by this policy will be subject to random, unannounced alcohol and drug testing.

Return-to-duty testing
Employees who have violated this policy, including those who have tested positive on a drug or alcohol test, and who, under the discipline policy, are allowed to return to work, must test negative prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol concentration of .02.

Follow-up testing
An employee who is referred for assistance related to alcohol misuse and/or use of drugs is subject to unannounced follow-up testing for a period not to exceed 60 months as directed by a Substance Abuse Professional and the Village. The number and frequency of follow-up test will be determined by the Substance Abuse Professional and the Village, but will not be less than six tests in the first 12 months following the employee’s return to duty.

Retests
Employees who test positive for drugs may request a second test of the remaining portion of the split sample within 72 hours of notification of a positive test result by the Medical Review Officer.

C. No employee shall refuse to submit to an alcohol or drug test as directed under this policy. A refusal to submit shall include but is not limited to:

  • Failure to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing in accordance with the procedures
  • Failure to provide adequate urine for drug testing without a valid medical explanation after the employee has received notice of the requirement for urine testing in accordance with the procedures
  • Engaging in conduct that obstructs the testing process. Refusal to submit to a test shall be considered the same as a positive test result. 

D. If a person is to be hired into a position subject to this policy and during the previous two years has worked as a driver of a commercial vehicle, that person must authorize a request of all employers of the driver within the past two years to release information on the following (the Village is required to obtain this information by Federal law):

  • Positive alcohol or drug tests
  • Any refusal to be tested

This information must be obtained before the person is employed by the Village. However, if the information has not arrived by the anticipated start date, and if the person has passed the pre-employment drug test, the person may be hired and the requested information must be obtained from the previous employers within 14 calendar days of the date of hire. If the information has not been received within 14 days, the person will not be permitted to drive commercial vehicles until the information has arrived. If the information obtained from any previous employer indicates that either a positive test or a refusal to be tested has occurred within the past two years, that person will not be permitted to drive commercial vehicles unless subsequent information indicates that an evaluation was made by a Substance Abuse Professional was made and return to duty testing was administered.

E. All records related to drug and alcohol testing will be maintained in a secure location with controlled access. These records will be kept separate from records pertaining to all other employees. The following records shall be maintained for a minimum of five years:

  • Records of alcohol test results indicating an alcohol concentration of .02 or greater
  • Records of verified positive drug test results
  • Documentation of refusal to take a required alcohol and/or drug test
  • Evaluations and referrals
  • Copy of annual report

Records related to alcohol and drug collection process and training shall be maintained for a minimum of two years. Records of negative and canceled drug test results with a concentration of less than .02 shall be maintained for a minimum of one year. No records containing driver information required by this policy will be released except as provided as follows:

  • Upon written request of the employee
  • Upon written authorization of the employee, records will be disclosed to a subsequent employer subject to use as specified by the employee
  • Upon specific, written authorization by the employee, records will be released to an identified person, for use only as specified by the employee
  • Records may be disclosed to a decision-maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee, including but not limited to, a worker’s compensation, unemployment compensation or other proceeding relating to a benefit sought by the driver
  • As otherwise required by law. 

F. Any employee engaging in prohibited conduct, receiving a positive drug test, or receiving a blood alcohol test greater than .02, shall be subject to the full range of disciplinary action, including termination.

G. All employees, regardless of disciplinary action taken, will be advised of resources available to the employee in evaluating or resolving problems associated with drug use or alcohol misuse. Sick leave, vacation leave or leave of absence without pay may be granted for treatment and rehabilitation as in other illnesses. Insurance coverage for treatment will be provided to the extent of individual coverage. Confidentiality of information will be maintained as much as possible at all times.

H. The following provisions apply to those employees who are not terminated for policy violations:

  • If an employee tests positive for drugs or has an alcohol test that indicates a blood alcohol level of .04 or greater from a random, reasonable suspicion or post-accident test, or engages in prohibited conduct as set forth in paragraph A above, the employee will be immediately removed from duties requiring the driving of a commercial vehicle. The employee will not be permitted to return to work unless the employee: has been evaluated by a Substance Abuse Professional and, if recommended by a Substance Abuse Professional, has properly followed any rehabilitation prescribed and has a verified negative result on a return-to-duty alcohol (.02) and/or drug test.
  • Upon completion of a recommended rehabilitation program and successful return to work, an employee will be subject to follow-up random testing for up to 60 months as recommended by the Substance Abuse Professional and the Village with a minimum of six such unscheduled tests within the first 12 months of returning to duty. 


I. Employees having a breath alcohol concentration of at least .02 but less than .04 shall be removed from duty requiring the driving of a commercial vehicle for at least 24 hours.

J. The Village supports employees who volunteer for treatment of alcohol or drug abuse. Employees are encouraged to seek treatment voluntarily and to utilize the Employee Assistance Program. Any employee who comes forth and notifies the Village of alcohol or drug abuse problems will be given the assistance extended to employees with any other illnesses. Any such program, however, may not interfere with the test required by these rules. For example, a driver may not identify himself/herself as unfit to drive after having been notified of a random or reasonable suspicion test and expect to avoid the consequences of a positive test or a refusal to test. In addition, voluntarily seeking assistance does not excuse any failure to comply with all of the provisions of this policy or other policies of the Village.

Definitions for the Policy on Drug and Alcohol Testing for Commercial Driver's License Holders

Accident
An occurrence involving a commercial vehicle on a public road which results in (1) a fatality; (2) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (3) one or more motor vehicles incurring disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.

Commercial Vehicle
A vehicle that either: (1) has a gross weight of over 26,000 pounds (including combined weight if towed unit weighs over 10,000 pounds); (2) is designed to transport 16 or more persons, including the driver, or (3) is used to transport hazardous materials.

Driver
All employees whose positions may involve driving a commercial vehicle and that require the possession of a Commercial Driver’s License.

Driving a Commercial Vehicle
Performing all safety sensitive activities as defined in CFR 382 including, but not limited to, driving, loading, unloading, etc. This includes all time while at work in a position requiring a CDL.

Drugs
For the purposes of this policy and in accordance with the Federal Regulations, drugs refers to the following five substances: marijuana (THC), cocaine, opiates, phencyclidine (PCP), and amphetamines.

Medical Review Officer
The licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests.

Substance Abuse Professional (SAP)
A licensed physician, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. The SAP is responsible for evaluating employees with positive test results.

7.8 Drug & Alcohol Testing for Employees

Policy
The Village shall require any employee to submit to applicable tests if it has been determined by a trained supervisor that there is reasonable suspicion to believe that the employee has been using illegal drugs, abusing prescribed drugs, is under the influence of alcohol or is consuming alcohol while working.

Guidelines
A. Reasonable suspicion will be determined only by supervisors who have been appropriately trained and are utilizing applicable Village forms for the determination. Once reasonable suspicion has been determined, the employee shall be required to take the applicable drug and/or alcohol test. If an employee declines the test, it will be treated as a positive test and the employee will be subject to discipline, up to and including termination.

B. Results of a positive alcohol and drug tests will be sent to the Director of Human Resources and kept in the employee’s medical file. Test results will be kept confidential to the extent permitted by law. Department Directors may be informed of the results of alcohol and drug testing, as well as an employee’s participation in a substance abuse rehabilitation program, only if such information relates to the employee’s ability to perform all work duties or the need for a reasonable accommodation.

C. An employee may be required to participate in an Employee Assistance Program and/or a drug or alcohol treatment or rehabilitation program as part of the constructive counseling process.

D. An employee who enters an approved alcohol or drug rehabilitation program and is unable to work may be placed on leave of absence. Sick leave, vacation or compensatory time may be used for this leave of absence. If the employee does not have sick leave, vacation time or compensatory time available, the employee may request leave without pay pursuant to the policy on special leaves of absence. Consideration will also be given for a leave of absence if treatment is of a prolonged duration. Such leave will be counted as FMLA leave if appropriate.

E. The Village shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining a proper chain of custody. If the first test results in a positive finding, a confirming test shall be conducted. An initial positive test result shall not be submitted to the Village unless the confirming test result is also positive as to the same sample. A portion of the tested sample shall be retained by the laboratory so the employee may arrange for another confirming test to be conducted by a licensed clinical laboratory of the employee’s choosing and at the employee’s expense. Once the portion of the tested sample is delivered to the clinical laboratory selected by the employee, the employee shall be responsible for maintaining the proper chain of custody for that portion of the tested sample.

F. Any employee who tests positive for illegal drugs shall be terminated.

7.9 Employee Ethics

Policy
Employees shall not use their Village employment for private gain.

Guidelines
A. No Village employee shall engage in any act, which is in conflict with or creates the appearance of conflict with, the performance of official duties. An employee shall be deemed to have a conflict if the employee:

  • Has any financial interest in any sale to the Village of any goods or services when such financial interest was received with prior knowledge that the Village intended to purchase the property, goods or services.
  • Solicits, accepts or seeks a gift, gratuity or favor of more than minimal value from any person, firm, or corporation involved in a contract or transaction which is or may be the subject of official action by the Village. An inappropriate gift, gratuity or favor is one that has significant monetary value and is offered or accepted in expectation of preferential treatment instead of as an expression of courtesy.
  • Discloses or uses without authorization confidential information concerning property or affairs of the Village to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the Village.
  • Violates any applicable provision of the Illinois State Gift Ban Act, 5 ILCS 425/1 et seq., as now or hereafter amended. 

B. No employee may use Village time or property in any manner to promote any political issue or candidate, or to solicit funds for any political purpose or to influence the outcome of any election.

C. No employee shall be eligible for appointment or election to any public office when the holding of that office would be incompatible with or would substantially interfere with the discharge of Village duties.

D. The Village Manager shall designate appropriate individuals to investigate all suspicions, allegations and written complaints of unethical conduct by a Village employee.

E. Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. Depending upon the seriousness of the action, other appropriate civil or criminal sanctions may also be pursued.

F. Pursuant to the Municipal Code, all Village employees earning $35,000 or more per year must complete the Village’s Statement of Economic Disclosure form. This form is to be completed in May of each year and shall be retained in the employee’s personnel file. The Human Resources Department is responsible for transmitting the forms to all covered employees.

7.10 Purchase of Village Property

Policy
All employees and members of their immediate families are prohibited from purchasing Village property either through private transaction or at an auction. Immediate family is defined as an employee’s mother, father, brother, sister, spouse, child, mother-in-law, father-in-law, grandparent, grandparent-in-law, grandchild, stepparent, stepchild, son-in-law, daughter-in-law, brother-in-law, and sister-in-law.

7.11 Solicitations & Selling Among Employees

Policy
With the exception of Village Manager-approved solicitations, all activities such as non-approved solicitations, distribution of written materials, asking for contributions or selling merchandise of any kind are not to be conducted during work time or in work areas or in employee parking lots.

7.12 Outside Employment

Policy
The Village may approve outside employment as long as the outside employment does not prevent an employee from devoting their primary interest to the accomplishment of their work for the Village or tend to create a conflict or the appearance of a conflict between the employee’s private interests and the employee’s official responsibilities as an employee of the Village.

Guidelines
A. Outside employment is defined as any employment, either by one’s self or an employer other than the Village, which results or is intended to result in gain through salary, wage, or any other form of payment for services rendered.

B. Employees wishing to hold outside employment must apply in writing to the Department Director for prior approval using the Village’s Request for Approval of Outside Employment form. The Department Director reserves the right to prohibit any outside employment on the part of any employee, which in their judgement might be detrimental to the best interests of the Village. Final approval must be received from the Village Manager. All approved requests shall be placed in the employee’s personnel file.

C. Employees will not be permitted to engage in outside employment which:

  • Is of such a nature that it may reasonably be construed by the public to be the official act of the Village
  • Produces a conflict of interest with any enforcement or inspection functions of the Village
  • Produces a conflict with the working hours of the employee, including stand-by and availability for call-out
  • Involves the use of Village facilities, equipment, or supplies
  • Involves the use of sale of information related to Village operations and/or information not available to the public. 

D. While working on outside employment, Village employees (except Police and Fire personnel working on special details) are not covered by worker’s compensation.

7.13 Technology Resources

Policy
The Village provides the use of Technology Resources for the purpose of furthering the Village’s goals and objectives of providing service to the public. The purpose of this policy is to ensure responsible and acceptable use of the Village’s technology resources. This policy applies to all employees, contractors, volunteers and other individuals who are provided access to these systems. The Village reserves the right to review any and all data, information or computer files stored in or sent to, or from computers owned or supplied by the Village; both internally (networks, servers, workstations, telephones, databases, services such as the Internet and e-mail, etc) or externally (such as remote access, cell phones or access to Internet Service Providers) and is the sole property of the Village of Arlington Heights and intended for Village municipal use. Users have no expectation of privacy in the use of Village technology resources, including but not limited to, the creation, entry, receipt, storage or transmission of data. Data generated via the Village’s technology resources is Village property, and the Village may, without prior notice, access, search, monitor, inspect, review or disclose all such data and use of technology resources. Users specifically consent to the access by and disclosure to the Village of information created, entered, transmitted or received via the Village’s technology resources that is stored by a third-party electronic communication service or remote computing service.

Guidelines
A. Department Directors and Managers may provide access to the Internet for employees. This capability will be provided on an “as needed” basis and is a revocable privilege.

B. Employees may not use the Village’s network in any way that violates international, federal, state, local law or regulations and/or violates any Village policy, standard or procedure. At no time will any employee connect to any end-user device that has not been provided, configured and/or approved by the Village of Arlington Heights IT Division. Such devices include but are not limited to: laptops, personal computers, networking devices, wireless access devices, personal digital assistant devices, etc. Employees must respect software copyright and license agreements.

C. These resources are to be used primarily to conduct Village business; however, incidental and occasional personal use during non-working hours is permitted with supervisory approval. Any unlawful use of technology resources or use in violation of this policy may result in discipline, up to and including termination. Unlawful use may result in referral for criminal prosecution.

D. The Village’s telephone, email, computer, voice mail, Internet and other communication systems are not intended for personal use. The Village may monitor any of these systems to prevent abuse and ensure that our communications with vendors, members of the public and each other are of the highest quality. Use of Village telephone, e-mail, voice mail, computer or other communication devices in a manner that does not comply with the Village’s equal employment, anti-harassment or other policies or standards of conduct is strictly prohibited. All communication and messages must be businesslike, courteous, civil, and written with the expectation that they could be made public at some time in the future.

E. The safety and security of the Village's network and resources must be considered paramount when using the Internet. User passwords are confidential. It is the user's responsibility to maintain the confidentiality of their password(s). Individual users may be held accountable for use of their account by others.

F. Each Village employee is solely responsible for what he/she downloads, and for what is transmitted or communicated by electronic mail or the Internet. All Internet use is subject to the Village’s policy Anti Harassment and other applicable State and Federal laws.

G. Some Internet sites require that users subscribe before being able to use them. There shall be no use of subscription-based services without approval from an employee’s Department Director. Resources of any kind where fees are assessed may not be accessed without prior approval from an employee’s Department Director.

H. Village personnel are often required to use Village telephones in the course of performing their job duties. Such use should be limited to calls that are necessary for the performance of employees’ duties. While it is understandable that employees may occasionally need to make brief calls of a personal nature, it is expected that such calls will be kept to a minimum. The Village reserves the right to monitor its networks to ensure telephones are used appropriately for business purposes.

I. There are a number of prohibited activities for Village Technology Resources, which include but not limited to the following this list serves only as general guidance.

  • Any illegal, illicit, improper, unprofessional or unethical activity or any activity that could reasonably be construed to be detrimental to the interests of the Village
  • Unauthorized attempts to access another’s E-mail
  • Transmitting obscene or harassing messages to any other individual
  • Use for access to and distribution of indecent or obscene material, child pornography, inappropriate text or graphic files, or files dangerous to the integrity of the network
  • Use of Internet/E-mail resources for commercial use or profit
  • Extensive use of Internet/E-mail resources for personal use
  • Solicitation of funds, except on approved Village Intranet Pages
  • Political messages
  • Harassing messages
  • Messages that could be construed as sexually explicit or discriminatory based on race, national origin, sex, sexual orientation, age, disability, or religious or political beliefs
  • Employees may not identify themselves in any manner that suggests or implies they are speaking as a representative for the Village unless given authority by the Village Manager to do so.
7.14 Investigation and Reporting Vehicle Accidents

Policy
The Village requires that all vehicular accidents involving Village employees and occurring in the performance of official duties, regardless of the extent of damage and/or injury, be thoroughly investigated.

Guidelines
A. Any time there is a vehicular accident involving a Village employee on Village business and/or Village vehicle, the local police department shall be contacted. Village police officers shall not investigate accidents in which they are personally involved.

B. The following forms must be completed in their entirety:

  • Illinois Traffic Crash Report (or similar report from another jurisdiction)
  • Supervisor’s Investigation Report
  • Employee’s Incident Report 

C. All accidents will be photographed. Photographs will include, at a minimum:

  • All four sides of all vehicles involved in the accident
  • The general vicinity of the accident
  • Any property damage occurring as a result of the accident 

D. If a Village vehicle is not drivable as a result of an accident, towing arrangements will be made by the Village. If a Village vehicle is drivable after an accident, it should be driven to the Public Works’ facility for inspection. Damaged vehicles shall not be returned to service without the approval of the Fleet Services Foreman.

E. A copy of all police reports and other documents prepared after the accident shall be forwarded to the Finance Director within three business days after the accident. All accidents will be reported to the Accident Prevention Board.

F. If an employee is injured in a traffic accident, procedures should be followed as outlined in the Worker’s Compensation Policy.

7.15 Accident Prevention Board

Policy
The Accident Prevention Board (APB) is responsible for reviewing all motor vehicle accidents occurring while the employee is conducting Village business or driving a Village vehicle. The APB will determine the cause, responsibility, and corrective measures that may be taken in an effort to help drivers avoid accidents of the same nature. The findings shall be forwarded to the Department Director for review and disciplinary action if warranted.

Guidelines
A. The APB consists of five members. Department representatives shall be appointed by their Department Director. The Director of Human Resources shall select the administrative employee.

  • Director of Human Resources (Chair)
  • Police Department employee
  • Public Works Fleet Services Supervisor
  • Administrative Employee
  • Fire Department employee

In the absence of a member, the applicable Department Director may appoint a substitute. In the case of absence by the Director of Human Resources, the Director of Human Resources may appoint a substitute.

B. Members of the APB cannot participate in the review of their own accident; in such a case, an alternate representative will be appointed to review the incident.

C. The Accident Prevention Board shall meet on a monthly basis. It shall be the responsibility of the APB chair to maintain proper procedure and decorum and ensure that all accidents are reviewed fairly and thoroughly.

D. The APB shall review all applicable information including police reports, photographs or diagrams. The APB may refer to the National Safety Council Guidelines for Determining Preventable/Non-Preventable Accidents, the Illinois Vehicle Code, and other applicable published rules and regulations. Each member shall be provided with a copy of all written reports and supplemental information of the accident which may be helpful in arriving at the proper decision. Upon completion of the review, the APB shall make a determination as to the responsibility of the employee for the accident. The APB shall reach one of the following conclusions:

  • Total Exoneration
    For this finding, the APB must have determined that the employee was aware of the impending hazard, alert to its consequences, and skillful in minimizing the effect of the accident or that the employee was legally parked or standing. The employee, under these circumstances, was exempt from any contributions to the proximate cause of the accident.
  • Technical Exoneration
    For this finding, the APB must have determined that there was some extenuating circumstance on the part of the employee operating the vehicle exonerating the employee from responsibility.
  • Responsible
    For this finding the APB must have determined that the employee failed to exercise adequate care in the operation of the vehicle, deviated unnecessarily from Department regulations, procedures and safety practices, or was over zealous in the performance of assigned duties. The employee, under any of these circumstances, was responsible for the accident. A simple majority of the voting members present shall decide all issues or questions before the APB. A simple majority of the voting members present shall decide all issues or questions before the APB. 

E. The employee involved in the accident will be given the opportunity and encouraged to appear in person before the Accident Prevention Board to give his/her version of the accident. The employee involved in the accident may bring to the APB witnesses to the accident.

F. The APB shall report its conclusion, which may be accompanied by a short narrative of its findings and reasons for its conclusion, to the employee involved and that employee’s Department Director. When appropriate, the Accident Prevention Board will make a recommendation to the Department Director or department designee on methods or procedures that will help avoid such accidents from recurring.

G. If the employee is not satisfied with the decision of the APB, the employee may appeal that decision to the Village Manager by filing a written request with the Director of Human Resources. The request for appeal must be filed within ten working days following the employee’s receipt of the decision of the Accident Prevention Board. The employee’s Department Director and the employee requesting an appeal shall receive notification indicating the time and location of the appeal hearing. Unless there are extenuating circumstances, the scheduled appeal hearing will be the only opportunity the employee will be given for that particular request. The Village Manager will inform the Accident Prevention Board of his decision. The decision of the Village Manager shall be final.

7.16 Safety Recognition Program

Policy
The Village provides a Safety Recognition Program that encourages employees to create a safe work environment by promoting safety in the daily work routine. Objectives of this program include: identifying and correcting safety problems as they occur, keeping safety issues at the forefront of daily activities and encouraging departments to discuss safety issues. Individual contributions to this objective will be recognized and rewarded.

Guidelines
A. Each month employees will have the opportunity to gain points based on specific safety behaviors. Human Resources will track all points and at the end of the month a winner will be chosen based on the total number of points received.

B. All employees of the Village are eligible to participate.

C. A monthly drawing will be conducted by Human Resources for each recognized behavior. The drawing will randomly determine the number of points the employee will receive for the particular safety behavior. Points range from 25-100.

D. A monthly prize will be awarded to the employee who receives the most points.

E. Examples of safety behaviors include but are not limited to:

  • Performs acts of safety which stand out above the norm
  • Participates in non-mandatory safety training, including web-based safety training
  • Correctly completes the safety puzzle in “Happenings” and submits it to HR
  • Submits a viable safety suggestion through the Employee Suggestion Program
  • Attends Village sponsored safety/wellness programs
7.17 Anti-Bullying

Policy
The Village promotes a healthy workplace culture where all employees are able to work in an environment free of bullying behavior. Bullying, like other disruptive or violent behaviors, is conduct that disrupts both an employee’s ability to positively contribute to the organization on a day-to-day basis and the organization’s ability to successfully run its business. Workplace bullying is unacceptable and will not be tolerated under any circumstances. The Village will not knowingly permit retaliation or reprisal towards an employee who has reported bullying.

Guidelines
Bullying is conduct that meets all three of the following criteria:

  • Is directed at one or more employees
  • Substantially interferes with work/prevents work from being accomplished
  • Adversely affects the ability of an employee to contribute in a positive manner in the workplace by placing the employee in reasonable fear of physical harm and/or by causing emotional distress.

Bullying may be intentional or unintentional. Where an allegation of bullying is made, the intention of the alleged bully is irrelevant, and will not be given consideration when determining discipline.

A. All Village employees are responsible to help ensure that the Village is a bullying-free workplace. Any employee who feels they have experienced or witnessed bullying should immediately notify the Director of Human Resources, as well as the appropriate Department Director if appropriate, before the conduct becomes severe or pervasive.

B. The following lists examples of behavior that may be bullying. This list is not meant to be exhaustive and is only offered by way of example:

  • Staring, glaring or other nonverbal demonstrations of hostility
  • Exclusion or social isolation
  • Excessive monitoring or micro-managing
  • Work-related harassment (work-overload, unrealistic deadlines, meaningless tasks)
  • Being held to a different standard than the rest of an employee’s work group
  • Consistent ignoring or interrupting of an employee in front of co-workers
  • Personal attacks (angry outbursts, excessive profanity, or name-calling)
  • Encouragement of others to turn against the targeted employee
  • Sabotage of a co-worker’s work product or undermining of an employee’s work performance
  • Stalking
  • Spreading rumors and gossip regarding individuals
  • Unwanted physical contact, to an individual or an individual’s property (defacing or marking up property)
  • Repeated infliction of verbal abuse, such as the use of derogatory remarks and insults
  • Conduct that a reasonable person would find hostile, offensive, and unrelated to the employer’s legitimate business interests 

C. All complaints of bullying will be investigated promptly and thoroughly. To the fullest extent practicable, the Village will keep complaints and the terms of their resolution confidential. If the investigation confirms that bullying has occurred, the Village will take appropriate corrective action, up to and including termination of employment.

D. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to bullying conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that such behavior immediately stop.

7.18 Social Media

Policy
The Village recognizes that many of its employees have personal accounts on various social media sites such as Facebook, Linked-In, Google+, Twitter, and YouTube!, and may create or contribute to blogs, wikis, social network sites, virtual worlds and the like. This policy applies to all Village employees while on Village property, the Village’s worksites or wherever Village employees are performing a function of their jobs, or while participating in a Village-sponsored event on or off Village property or using Village electronic assets. The Village recognizes that Social Media provides opportunities to participate in interactive discussions and share information on particular Village and non-Village related topics. Social Media use, however, poses risks to the ability of the Village to operate effectively. The following policy is intended to balance those interests.

Guidelines
A. Use only During Nonworking Time

  • During the workday, employees may engage in the personal use of Social Media only during nonworking time. Nonworking time consists of authorized break times and meal periods only. This includes accessing Social Media from personally-owned devices. 

B. Prohibited Disclosure of Certain Information.

  • Confidential Information
    When posting comments to Social Media sites, including an online forum such as a blog, employees may not include any confidential information relating to the Village. Confidential information includes, by way of example, nonpublic information about individuals who have received services from the Village, HIPAA protected health information (other than with respect to the individual making the post), and other information, the disclosure of which would violate any federal, state or local statute or regulation (including privacy laws). Questions about whether an item of information constitutes confidential information should be directed to the Human Resources Department.
  • Use of Village’s Intellectual Property Prohibited
    Employees may not utilize any Village logos, drawings, trademarks, copyrights, or other images or photographs typically associated with the Village with respect to their personal Social Media activities if doing so would reasonably create the impression that the Social Media post or page is sponsored or sanctioned by the Village. 

C. Representation on Social Media Pages

  • Not Speaking for Village
    To the extent employees are posting comments to Social Media outside of the scope of their job responsibilities, they may not make any statements that would give the impression that the views they have expressed are the opinions of the Village. If there is the potential for confusion on this point (for example, the individual making the post identifies himself or herself in the post as an employee of the Village), employees are expected to include a disclaimer to the effect that the views being expressed are personal and do not necessarily reflect the views of the Village.

D. Content of Postings

  • Prohibited Content
  • Employees may not make comments or otherwise communicate about coworkers, supervisors, the Village, citizens or business owners, or vendors or suppliers in a manner that is vulgar, obscene, threatening, intimidating, harassing, libelous, or discriminatory on the basis of age, race, religion, sex, sexual orientation, gender identity or expression, genetic information, disability, national origin, ethnicity, citizenship, marital status, or any other legally recognized protected basis under federal, state, or local laws, regulations, or ordinances.
  • Employees may not post statements that they know to be false about the Village and/or its managers, supervisors, co-workers, independent contractors (consultants), or any third party. 

E. No Retaliation

  • The Village prohibits taking retaliatory action against any employee for reporting possible violations of this policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to discipline, up to and including termination.

F. Violations of this policy may result in disciplinary action up to and including termination.