HomeMy WebLinkAboutORD 2021-45 - Telecommuting PolicyORDINANCE NO. �`i.J
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS AMENDING ARTICLE III TITLED "WAGE AND SALARY
ADMINISTRATION" BY ADDING SECTION 3.01.231 TO THE CODE OF
ORDINANCES OF THE CITY OF GEORGETOWN RELATING TO THE
REGULATION OF TELECOMMUTING; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, Section 2.16 of the Georgetown City Charter provides that the City Council shall, by
ordinance, establish personnel policies; and
WHEREAS, the "policy statement" portion of each personnel policy is codified in the Code of
Ordinances, and the implementing procedures for each personnel policy are codified in a separate Personnel
Manual; and
WHEREAS, the City Council finds that it is necessary to update the personnel policy governing
Telecommuting.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT
Section 1. The meeting at which this ordinance was approved was in all things conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. Section 3.01.231 of the Code of Ordinances is added to the Code as follows:
Sec. 3.01.231.- Telecommuting
A. Purpose: To identify and encourage telecommuting opportunities within the
organization; to provide staff with alternative work schedules; to improve
productivity and job performance; to reduce traffic and commuting costs; and to
support continuity of operations plans, employee morale and employee retention.
Allowing the option to telecommute is intended to create flexible conditions that
Ordinance Number: -7JbZ[ — Page 1 of 3
Description: Telecommuting Ordinance
Date Approved: l
will help employees accomplish their work effectively without disruption to City
services during non -emergency work periods and during the period leading up to,
throughout, and/or immediately after emergency events.
B. Scope: This policy applies to any position as deemed appropriate.
C. Policy: Eligible employees will be considered for alternative work scheduling on a
case -by -case basis in situations where alternate work schedules have been shown
to accomplish both work and personal goals, to provide coverage for individual
department operations and to serve the City and its citizens with increased
productivity at no expense to quality output.
Section 3. If any provision of this ordinance or application thereof to any person or circumstance
shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of
this ordinance which can be given effect without the invalid provision or application, and to this end
the provisions of this ordinance are hereby declared to be severable.
Section 4. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest.
This ordinance shall become effective in accordance with the provisions of the Charter of the City of
Georgetown.
PASSED AND APPROVED ON FIRST READING on the day of t G 202L
PASSED AND APPROVED ON SECOND READING on the —Ze!ay of �, 2021.
ATTEST:
Robyn Densmore,
City Secretary
APPROVED AS TO FORM:
THE CITY OF GEORGETOWN:
Ordinance Number: Page 2 of 3
Description: Telecommuting Ordinance
Date Approved: )La&,L ?.Z Z t
Skye Masson, City Attorney
Ordinance Number: 70-Z i 45 Page 3 of 3
Description: Telecommuting Ordinance
Date Approved:.S��y ZCR 1
Personnel Policies and Procedures
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TELECOMMUTING
I. PURPOSE
To identify and encourage telecommuting opportunities within the organization; to
provide staff with alternative work schedules; to improve productivity and job
performance; to reduce traffic and commuting costs; and to support continuity of
operations plans, employee morale and employee retention. Allowing the option to
telecommute is intended to create flexible conditions that will help employees
accomplish their work effectively without disruption to City services during non -
emergency work periods and during the period leading up to, throughout, and/or
immediately after emergency events.
II. SCOPE
This policy applies to any position as deemed appropriate.
III. POLICY
Eligible employees will be considered for alternative work scheduling on a case -by -case
basis in situations where alternate work schedules have been shown to accomplish both
work and personal goals, to provide coverage for individual department operations and to
serve the City and its citizens with increased productivity at no expense to quality output.
IV. DEFINITIONS
A. Alternative Worksite
The employee will establish an appropriate worksite within their home or another
Director -approved established location for work purposes. Minimum
requirements for the alternate worksite include a reasonably private location free
from regular public traffic, access to a private broadband internet connection
legally contracted in the employee's name or in the name of an immediate family
member or provided at the primary residence, and of sufficient strength to
conduct the employee's job effectively. The alternate worksite shall be
professional in nature generally conform to an office -like environment, and be
free of any offensive, inappropriate, or illegal displays or items. The City will not
Telecommuting
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be responsible for taxes, fees, or costs associated with the setup of the employee's
alternate worksite, such as remodeling, furniture, data lines, Wi-Fi, broadband
internet service, utility service, or lighting, nor for repairs or modifications to the
alternate worksite.
B. Emergency Telecommuting
Temporary telecommuting arrangements may be approved by the City Manager
or their designee in emergency circumstances. These arrangements are approved
on an as -needed basis only, with no expectation of ongoing continuance.
Emergency telecommuting allows otherwise ineligible work groups and/or
employees to telecommute for safety reasons during a weather event or public
health emergency. See additional information related to eligibility for Emergency
Telecommuting under Procedures below.
C. Flexible Work Schedule
Working hours which differ from the City's normal business hours of Monday
thru Friday from eight to five to accommodate Quality of Life issues for
employees while still working the full-time hours or the number of hours hired to
work based upon the business needs of the City and the position per Policy #230.
D. Primary Work Location
The work location to which the employee would traditionally be assigned and
report to for work when not telecommuting.
E. Regular Telecommutin;
An arrangement in which an employee regularly performs work at an alternative
worksite for a specified period not to exceed (2) two days per week, or on a
specified weekly schedule as defined in the Telecommuting Agreement.
Telecommuters must have an approved signed Telecommuting Agreement
uploaded in Workday. Occasional work off -site, including work while traveling
on City of Georgetown business, does not constitute telecommuting.
F. Situational Telecommuting Arrangements
Situational telecommuting arrangements are intended to accommodate special
circumstances such as inclement weather, medical leave (where the employee is
not disabled from working), and special work assignments, in addition to the
business needs of the organization. Situational telecommuting arrangements are
Telecommuting
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temporary in nature and are approved by a Department Director on a case -by -case
basis. Situational agreements will include an explicit end date recorded on the
Telecommuting Agreement in the absence of an expiration date the
Telecommuting Agreement shall expire 30 days after the approval date. All
situational telecommuting agreements shall be reviewed at a minimum every 30
days.
G. Telecommuter
An employee who has an approved telecommuting work arrangement on file and
is working from an approved alternate worksite. All telecommuters are required to
participate in surveys, inquiries or analysis relating to the City's telecommuting
program.
H. Work Hours/Week
The workday, which must occur between 7 a.m. and 7 p.m., and week shall be
established in writing and be included in the Telecommuting Agreement. Under
Regular Telecommuting, no more than two (2) workdays per week may be spent
telecommuting for all employees.
V. PROCEDURES
A. Eligibility
Supervisors will identify those positions and responsibilities suited for
telecommuting. Department Directors must concur and have final approval and
revocation authority for Telecommuting Agreements. In emergency situations,
the City Manager or their designee may authorize the establishment of temporary
telecommuting arrangements for otherwise ineligible work groups and/or
employees to telecommute for safety reasons during a weather event or public
health emergency. Telecommuting Agreements established by the City Manager
or their designee and outside of regular telecommuting shall not be subject to the
30-day expiration and shall continue at the discretion of the City Manager.
a. Eligible Employees: All employees who are in good standing; and are beyond
the first (90) ninety days of starting a new position; have a record of
successful performance (for example, are not currently on a Performance
Improvement Plan or being counseled for poor performance); have no
disciplinary actions in the last six (6) months; and have demonstrated the
ability to work independently. Immediate supervisors of employees who are
Telecommuting
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within the first (90) ninety days of starting a new position should curtail
participation in telecommuting to encourage maximum face to face
onboarding. Outside employment should be given consideration in
determining telecommuting eligibility. Outside employment, per policy #426,
must be reported to the supervisor and may not interfere with the employee's
effective performance of duties. Directors must ensure that telecommuting
decisions are made for appropriate, non-discriminatory reasons and should
direct all questions to Human Resources.
b. Eligible Work Groups: Eligible work groups will consist of employees who
perform tasks that are suitable for working independently, such as reading,
writing, editing, analysis, computer programming, data entry or work
primarily utilizing a computer terminal and telephone. Work groups
participating in the program must be able to perform their regular job duties or
special assignments as productively at the alternate worksite as they would at
their regular worksite. The need for specialized material or equipment
available only at the regularly assigned worksite must either be minimal or
flexible. Other considerations should include whether the job requires
constant face-to-face interactions with customers and employees, and whether
the job requires supervision of on -site staff.
B. Telecommuting Agreement
Before entering any telecommuting arrangement, the employee and their
supervisor, with the approval of the Department Director, will evaluate the
suitability of such an arrangement. In the event any questions arise the Human
Resources Department is available to answer any questions or concerns.
Supervisors should be reviewing the following areas when making
determinations:
a. Suitability: Supervisor and employee will assess the needs and work habits of
the employee, equipment needs, workspace considerations and scheduling
issues. The employee must meet the requirements of an Eligible Employee as
defined above.
b. Job Responsibilities: Supervisor and employee will discuss the job
responsibilities and determine if the job is appropriate for a telecommuting
arrangement. Primary job functions should not require daily face-to-face
interactions with the public. Supervisors will clearly define productivity and
response -time expectations along with the metrics used to track them.
Telecommuting
Policy No. 231
Origination Date: 07/01/21
Revision Date: N/A
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Approvals: If the supervisor determines that telecommuting is an appropriate
arrangement, the supervisor and employee should complete a Telecommuting
Agreement, which must be signed by the Department Director.
i. In the event of a large-scale emergency, the City Manager, or an
authorized designee, can declare the City in an emergency event status,
such as a public health emergency, and activate the Emergency
Telecommuting portion of this policy. Department Directors may
approve temporary Emergency Telecommuting arrangements on an as -
needed basis only, with no expectation of ongoing continuance.
ii. Telecommuting Agreements must take into consideration work center
coverage and ensure that sufficient staff are available in person at the
primary worksite to continue providing high -quality customer service.
d. Exceptions
i. In Situational and Emergency Telecommuting events that are
unplanned and have an anticipated duration of less than three (3) days;
an email between the Supervisor and employee setting forth the terms
of the arrangement may suffice instead of a complete Telecommuting
Agreement. If the unplanned event is extended, a Telecommuting
Agreement shall be completed.
e. Updates to Agreement:
i. Telecommuting Agreements that have been in effect for more than six
(6) months will be reviewed by the supervisor and employee and
updated no later than January 15 each year.
ii. Situational Telecommuting Agreements will contain an expiration date
and will expire after the reason for the agreement has ended or on the
date listed whichever occurs first.
iii. Employees changing positions or supervisory organizations must go
through the telecommuting agreement process again.
iv. Telecommuting Agreements need to be updated and uploaded to
Workday when significant changes are made to an employee's job
responsibilities.
Telecommuting
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Retention of Telecommuting Agreements: Telecommuting Agreement forms
will be maintained in Workday. Upon termination of telecommuting status,
the supervisor will upload a copy of the revised terminated Telecommuting
Agreement.
C. E u� ll2ment
On a case -by -case basis, the City will determine, with information supplied by the
employee and the Supervisor, the appropriate equipment needs (including
hardware, software, and other office equipment) for each telecommuting
arrangement. All employees who work on a computer are issued a single City
computer for work purposes. Hardware and other equipment may not be
purchased by the City for the sole purpose of telecommuting. The City will not
duplicate resources between the primary worksite and the alternate worksite,
including the purchase of additional laptops or monitors for the purpose of
telecommuting. The employee may supplement City -provided equipment at the
employee's expense (excluding personal computers). An employee's personal
computer may not be connected to the City's corporate network. If an employee is
using a computer not provided by the City, they may only access web based
services intended for access from alternative locations (Workday, MS Office web
clients, email).. A list of standard equipment available for a telecommuting
arrangement is included in the Telecommuting Agreement. The Information
Technology Department will serve as resources in this matter.
Telecommuting employees must be reachable by phone for city business. Work
phones shall be forwarded to the employees cell or home phone.
Equipment supplied by the organization will be maintained and services provided
by the organization. Employees must provide their own computer monitors that
are compatible with the employee's City issued computer. City owned computer
monitors may not be routinely moved between the Alternative Worksite to the
Primary Worksite. In situations where an employee has been approved for
Normal Teleworking, Computer equipment taken to the Alternative Worksite may
only include the employee's City issued laptop, docking station, and any
supplemental keyboard or computer mouse. Exceptions may be granted for
Situational Teleworking. Equipment supplied by the employee, including data
access/Wi-Fi if deemed appropriate by the organization, will be maintained and
provided by the employee. The City accepts no responsibility for damage or
repairs to employee -owned equipment, , communications devices, equipment,
furniture, and facilities. The City reserves the right to make determinations as to
appropriate equipment, subject to change at any time. Equipment supplied by the
organization is to be used for business purposes only. The telecommuter must
Telecommuting
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agree to take appropriate action to protect the items from damage or theft. Upon
termination of employment, all City property will be returned to the City or the
value of each will be taken out of the employee's final paycheck, unless other
arrangements have been made. In the event of theft or destruction of equipment,
the employee agrees to provide the appropriate documentation evidencing legal
reporting of that event for use by the City as an insurable interest. Employees will
not be reimbursed for supplies or equipment used to outfit their home office. At
home printers will not be supported on City computer systems. Printing should be
done remotely to an office printer or an employee should come to the office to
print and pickup printed documents, as necessary.
D. Meeting with Customers or Coworkers
Employees are required to come to the office for work -related meetings, training
or other events that cannot be accomplished through an online platform such as
Skype, Zoom or Microsoft Teams, even if such meetings occur on the employee's
scheduled telecommuting day.
Employees are expected to comply with City Policy for appropriate professional
appearance when participating in meetings on these online platforms. Employees
participating in online platform meetings will be required to activate their web
cameras. To minimize the City's exposure to worker's compensation claims,
telecommuters may not conduct in -person meetings in their homes.
E. Time Worked
Regardless of whether an employee is on a regular eight (8) hours per day
schedule, or other flexible schedule, all employees' time must be documented for
record -keeping purposes using the time -keeping system within Workday. Daily
hours may be comprised of worked time, or a combination of work time and
accrued leave to total the scheduled hours per day.
Telecommuting employees are required to accurately record all hours worked
using the City's time -keeping system in Workday. Telecommuting hours worked
shall be entered using time entry code "Telecommuting" in Workday. Hours
worked in excess of those hours scheduled per day and per workweek require the
advance approval of the employee's supervisor (Overtime Approval). Failure to
comply with this requirement may result in the immediate termination of the
Telecommuting Work Arrangement for the employee and/or disciplinary action.
F. Use of Accrued Leave
Telecommuting
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Employees cannot use telecommuting in place of vacation, sick or other types of
leave when an employee is not available for work. Taking occasional calls or
replying to an email is not considered telecommuting when on vacation or
utilizing sick time. Vacation, sick and compensatory time policies apply and
employees must obtain approval before taking accrued and available leave. An
employee is expected to be productively engaged at the work terminal at the
alternate worksite during the same regularly scheduled hours as would be
applicable at the primary worksite.
G. Dependent Care
Telecommuting employees will not undertake the primary care of a dependent
child or provide primary care for an elderly adult at the off -site location during the
agreed -upon work hours. However, if a dependent child is injured or ill, the
employee may provide care for that child and, with supervisor approval,
participate in Situational Telecommuting.
Exceptions will be considered for employees who are authorized to telecommute
when on approved medical leave designated to care for a dependent.
H. Closure of Primm or Alternate Worksite
If the primary worksite is closed due to an emergency or inclement weather, the
supervisor will contact the employee. The telecommuting employee may continue
to work at the alternate worksite. If there is an emergency at the alternate
worksite, such as a power outage, loss of connectivity, or any other event that
renders the employee unproductive the telecommuting employee will notify the
supervisor as soon as possible. The telecommuting employee may be reassigned
to the primary worksite or an alternate worksite.
I. Securily
Consistent with the organization's expectations of information security for
employees working at the office, telecommuting employees are expected to
ensure the protection of proprietary City information accessible from their
alternate worksite. Steps may include the use of locked file cabinets and desks,
regular password maintenance, and any other measures appropriate for the job and
the environment.
J. Alternate Worksite Safety
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Employees will maintain their approved alternate worksite in a safe manner, free
from safety hazards. Injuries sustained by the employee in an alternate worksite
location and in conjunction with his or her regular work duties are normally
covered by the company's workers' compensation policy. Telecommuting
employees are responsible for notifying their supervisor of such injuries as soon
as practicable but no later than 24 hours after the incident. Telecommuting
employees agree to permit a City representative access to the alternate worksite at
a reasonable hour as part of the post -accident investigation. The City is not liable
for any injuries sustained by visitors to a telecommuting employee's alternate
worksite.
K. Situational Telecommutina Agreements
Situational telecommuting may be allowed on a non -regular basis in the following
circumstances:
a. Medical Leave: employees on FMLA or approved medical leave to the extent
practical for the employee and the organization and with the consent of the
employee's health care provider, if appropriate. However, the City may
determine whether it is appropriate to offer telecommuting as an opportunity
for partial or full return to work based on the City's return -to -work policies
following an injury or illness.
i. An employee on a protected leave may not be required to
telecommute.
ii. Any employee who is considered disabled from working, receiving
short- or long-term disability, or receiving worker's compensation pay
is not eligible to telecommute.
b. Illness or Injury of Dependent Child: if a dependent child is injured or ill, the
employee may temporarily provide care for that child while performing work
with supervisor approval.
c. Inclement Weather: closure for a weather event such as an ice storm. See
Emergency Telecommuting procedures below.
d. As a reasonable accommodation for a condition protected under the
Americans with Disabilities Act (ADA).
e. Where situational telecommuting applies to an employee whose regular job
duties are not suited for telecommuting, the employee must be assigned
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meaningful work. Examples include special projects, online training,
document audits, and so on.
f. When appropriate, the City Manager or their authorized designee will approve
the situational telecommuting arrangement. Situational telecommuting will be
temporary in nature.
g. Situational telecommuting will not be allowed in the following circumstances:
i. Military: Employees who are on leave to perform military service may
not simultaneously telecommute.
ii. Any employee who is considered disabled from working, receiving
short- or long-term disability, or receiving worker's compensation pay
are not eligible to telecommute.
iii. During a suspension from work for disciplinary or investigative
purposes.
L. Emergency Event
All City employees are considered essential employees for the continuity of
governmental operations in the event of a large-scale emergency, such as a
weather event. Telecommuting Agreements may be suspended if the employee
has responsibilities in the EOC or is needed at a City location. All employees
must be ready to assist in managing the emergency event.
M. EmerUncv Telecommuting
In the event of a large-scale emergency, the City Manager, or an authorized
designee, can declare the City in an emergency event status, such as a public
health emergency, and activate the Emergency Telecommuting portion of this
policy. Executive Team members may approve temporary Emergency
Telecommuting arrangements on an as -needed basis only, with no expectation of
ongoing continuance. Even if approved for telecommuting, all employees must be
ready to assist in managing the crisis and will be considered essential for the
continuity of governmental operations and may be asked to perform jobs in the
EOC. Telecommuting employees must focus on job performance, meeting
business demands, and ensuring that City services are maintained at their highest
level possible during the emergency.
Telecommuting
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Emergency Telecommuting arrangements will differ from a Regular
Telecommuting Arrangement by allowing a broader range of employees to
telecommute. Eligibility will be considered as to whether the employee's regular
work duties were impacted by the emergency situation (such as a facility closure,
reduced hours or reduced public interaction) and the availability of meaningful
work such as a special project or assignment.
Approval for Emergency Telecommuting will also take into consideration an
employee's underlying medical condition(s) which might be negatively impacted
by the health emergency. Outside of these specified differences, the scope,
eligibility, procedures, and responsibilities detailed in this policy apply to all
Emergency Telecommuting arrangements.
N. Tax and Other Legal Implications
The employee must determine any tax or legal implications under IRS, state and
local government laws, and/or restrictions of working out of a home -based office.
Responsibility for fulfilling all obligations in this area rests solely with the
employee. The City will continue to pay payroll taxes etc. as if the employee were
working full-time at a City work location.
O. AccountabiIity
Supervisors and Department Directors will bear complete accountability for the
employees under their charge authorized for telecommuting. Supervisors are
required to implement controls to maintain levels of productivity and output.
Immediate supervisors, of employees who are within the first (90) ninety days of
starting a new position, should curtail participation in telecommuting to
encourage maximum face-to-face onboarding. Productivity must remain the same
regardless of the location work is performed. Supervisors will be accountable to
the City Manager through the supervisory chain for ensuring high quality work
standards are met. Supervisors are expected to meet regularly with
telecommuting employees, and to assure productivity and customer service
standards are met. Human Resources is available to assist and provide tools to
help Supervisors manage telecommuting employees' productivity.
Supervisors and Department Directors must consider the service plan of each
work group when scheduling telecommuting, placing an emphasis on having staff
together for key days each week in order to maximize in -person meeting
effectiveness.
Telecommuting
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Compliance with this and all other City policies by telecommuting employees is
the responsibility of the immediate supervisor. Telecommuting is a privilege and
is authorized only with supervisor concurrence and can be rescinded at the
discretion of the supervisor. At no time will telecommuting status of a supervisor
or an employee under a supervisor be sufficient justification for failing to
maintain the established standards the City and its citizens have come to expect.
P. Enforcement
All Supervisors, Managers, and Department Directors who have employees who
are actively participating in the City of Georgetown telecommuting program have
primary responsibility for enforcing or reporting to the appropriate authority all
violations of the provisions set forth in this policy.
Telecommuting
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