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02-27-2013 HUCMMINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, February 27, 2013 Call to order — 3:00 p.m. President Bordson called the meeting to order. Members present: President Dwight Bordson; Vice President Leon Johnson; Secretary Monty Morrow; Commissioner Anthony Hanson; Commissioner Craig Lenz; Attorney Marc Sebora; General Manager Michael Kumm. 1. Approve Minutes of January 30, 2013 Regular Meeting The minutes of the January 30, 2013 regular meeting were discussed. The Board suggested adding the missing word "contact" in the fourth paragraph of Unfinished Business. A motion was made by Commissioner Hanson, seconded by Vice President Johnson, to approve the amended minutes. Motion was unanimously carried. 2. Ratify Payment of Bills for January 2013 The January 2013 payables were discussed. A motion was made by Commissioner Lenz, seconded by Commissioner Hanson to ratify the payment of bills in the amount of $3,248,749.07 (detailed listing in payables book). Motion was unanimously carried. 3. Approve Financial Statements /Budget Year to Date GM Kumm presented the January 2013 financial statements /budget year -to -date. After discussion, a motion was made by Vice President Johnson, seconded by Commissioner Lenz to approve the financial statements /budget year -to -date. Motion was unanimously carried. 4. Approve League of Minnesota Cities Insurance Trust of $64,307.00 Jared Martig presented the League of Minnesota Cities insurance trust explaining the price had decreased by approximately $5,600 from last year. After discussion, a motion was made by Commissioner Hanson, seconded by Secretary Morrow to approve the League of Minnesota Cities Insurance Trust of $64,307.00. Motion was unanimously carried. 5. Review Policies and Requirements Booklet GM Kumm presented the policies and requirements booklet, sections: • Electric Meter Requirements • Electric Meter Placement • Sealing of Meters - Electric The Board requested a change to the electric meter placement section. The recommended change was to add the verbiage, "to a location agreed upon by HUC." to the end of the `Commercial or Industrial' paragraph. A motion was made by Vice President Johnson, seconded by Commissioner Lenz to approve the amended language to the policies and requirements booklet, section electric meter placement. Motion was unanimously carried. (Changes attached.) 1 6. Approve Changes to Exempt and Non - Exempt Handbooks GM Kumm presented changes to the exempt and non - exempt handbooks, sections: • Employment of Relatives (Tabled at the January 30 Regular Meeting) • Complaint /Grievance Procedures (Exempt Only) • Employee Conduct • Discipline Employment of Relatives was tabled last regular meeting as the Board recommended Jan Sifferath research verbiage to replace, "No two members of an immediate family may work within the same Utilities department." The verbiage recommended to replace the sentence is: "Immediate family members may be employed by HUC provided there is no direct report relationship." Other changes were for clean -up purposes. No changes were recommended for complaint /grievance (exempt only). Staff recommended changes to sections, employee conduct and discipline for clean -up purposes only. President Bordson requested Jan Sifferath to further review the discipline policy and identify what other utilities' policies are from a threat and zero tolerance standpoint and report back to the Board in at the next regular commission meeting. Discussion regarding suspensions, demotions or discharges in the discipline policy prompted the consideration of appointing an HUC director to act as general manager in the event the general manager is absent. Attorney Sebora stated HUC could amend the HUC by -laws to reflect this appointment. A motion was made by Commissioner Lenz, seconded by Commissioner Hanson to approve the changes to the exempt and non - exempt handbooks, sections: employment of relatives; employee conduct; and discipline. Motion was unanimously carried. (Changes attached.) 7. Approve Requisition #5216 — Truck Replacement for MDC 441 Jared Martig presented requisition #5216 — truck replacement for MDC 441 with a recommendation to purchase the truck from Valley Sales based on price and local availability. This was a 2013 budgeted item. A motion was made by Commissioner Hanson, seconded by Secretary Morrow to approve requisition #5216 — Truck Replacement for MDC 441 for $30,347.16 from Valley Sales. Motion was unanimously carried. (Requisition attached.) 8. Discuss City of Hutchinson in Support of the Preservation of Tax Exempt Financing GM Kumm presented a sample of a resolution and letters supporting the preservation of tax exempt financing. Attorney Sebora stated the City would appreciate HUC's support. A motion was made by Commissioner Hanson, seconded by Secretary Morrow to support the City Council in creating a resolution in support of tax exempt financing. Motion was unanimously carried. 2 9. Discuss PILOT Workshop Discussion held regarding GM Kumm conducting another PILOT workshop to further review GM Kumm's PILOT recommendations. The Board requested GM Kumm present a 5 -year financial forecast and provide data from decisions made in about 2006 as it relates to the PILOT and reflects recommendations provided from the HUC PILOT committee at that time. An April PILOT workshop date will be set at the next HUC regular commission meeting. 10. Communication from the City Administrator City Administrator Carter was absent. 11. Division Reports Finance — Jared Martig • Working on final information with auditors. Natural Gas — John Webster • Developed different agreements for the City of Brownton. • Supporting production department with calculations for Wartsila; helping them with volume flow. • Discussed the cathodic protection study from GRE conducted on HUC's gas transmission line. Business — Jan Sifferath • Extended an offer for the plant electrician position. • Drafting procedures for HUC personnel to follow during irate customer situations. Electric — Steve Lancaster • Working with Wartsila to receive custody of the new engine. • Bid opening for new controls for unit 1 at plant 2. 12. Legal Update Nothing to report Unfinished Business • Update from City Attorney on Patent for the Real -Time Auto - Suggestion for Nodal Delivery in Energy Networks David Fairbairn is working on the final patent and will file the application by March 15, 2013. • Discussion Regarding Pre -Pay for Natural Gas Nothing to report. • Discuss Credit Card Payments Nothing to report. 3 • Discuss Criteria for New Commissioner Candidates Attorney Sebora sent the Board information from Hutchinson Health which can be used as a model for HUC's criteria for new commissioner candidates. Commissioners to review and send Kim Koski redlined documents to compile. This will be added as an agenda item to the April PILOT workshop for further discussion. Attorney Sebora will also send Commissioners the names of past commissioner applicants. New Business None There being no further business, a motion was made by Commissioner Hanson, seconded by Commissioner Lenz to adjourn the meeting at 4:28 p.m. Motion was unanimously carried. ATTEST: Dwight Bordson, President 11 Monty Morrow, Secretary MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, February 27, 2013 Call to order — 3:00 p.m. President Bordson called the meeting to order. Members present: President Dwight Bordson; Vice President Leon Johnson; Secretary Monty Morrow; Commissioner Anthony Hanson; Commissioner Craig Lenz; Attorney Marc Sebora; General Manager Michael Kumm. 1. Approve Minutes of January 30, 2013 Regular Meeting The minutes of the January 30, 2013 regular meeting were discussed. The Board suggested adding the missing word "contact" in the fourth paragraph of Unfinished Business. A motion was made by Commissioner Hanson, seconded by Vice President Johnson, to approve the amended minutes. Motion was unanimously carried. 2. Ratify Payment of Bills for January 2013 The January 2013 payables were discussed. A motion was made by Commissioner Lenz, seconded by Commissioner Hanson to ratify the payment of bills in the amount of $3,248,749.07 (detailed listing in payables book). Motion was unanimously carried. 3. Approve Financial Statements /Budget Year to Date GM Kumm presented the January 2013 financial statements /budget year -to -date. After discussion, a motion was made by Vice President Johnson, seconded by Commissioner Lenz to approve the financial statements /budget year -to -date. Motion was unanimously carried. 4. Approve League of Minnesota Cities Insurance Trust of $64,307.00 Jared Martig presented the League of Minnesota Cities insurance trust explaining the price had decreased by approximately $5,600 from last year. After discussion, a motion was made by Commissioner Hanson, seconded by Secretary Morrow to approve the League of Minnesota Cities Insurance Trust of $64,307.00. Motion was unanimously carried. 5. Review Policies and Requirements Booklet GM Kumm presented the policies and requirements booklet, sections: • Electric Meter Requirements • Electric Meter Placement • Sealing of Meters - Electric The Board requested a change to the electric meter placement section. The recommended change was to add the verbiage, "to a location agreed upon by HUC." to the end of the `Commercial or Industrial' paragraph. A motion was made by Vice President Johnson, seconded by Commissioner Lenz to approve the amended language to the policies and requirements booklet, section electric meter placement. Motion was unanimously carried. (Changes attached.) 1 6. Approve Changes to Exempt and Non - Exempt Handbooks GM Kumm presented changes to the exempt and non - exempt handbooks, sections: • Employment of Relatives (Tabled at the January 30 Regular Meeting) • Complaint/Grievance Procedures (Exempt Only) • Employee Conduct • Discipline Employment of Relatives was tabled last regular meeting as the Board recommended Jan Sifferath research verbiage to replace, "No two members of an immediate family may work within the same Utilities department." The verbiage recommended to replace the sentence is: "Immediate family members may be employed by HUC provided there is no direct report relationship." Other changes were for clean -up purposes. No changes were recommended for complaint/grievance (exempt only). Staff recommended changes to sections, employee conduct and discipline for clean -up purposes only. President Bordson requested Jan Sifferath to further review the discipline policy and identify what other utilities' policies are from a threat and zero tolerance standpoint and report back to the Board in at the next regular commission meeting. Discussion regarding suspensions, demotions or discharges in the discipline policy prompted the consideration of appointing an HUC director to act as general manager in the event the general manager is absent. Attorney Sebora stated HUC could amend the HUC by -laws to reflect this appointment. A motion was made by Commissioner Lenz, seconded by Commissioner Hanson to approve the changes to the exempt and non - exempt handbooks, sections: employment of relatives; employee conduct; and discipline. Motion was unanimously carried. (Changes attached.) 7. Approve Requisition #5216 — Truck Replacement for MDC 441 Jared Martig presented requisition #5216 — truck replacement for MDC 441 with a recommendation to purchase the truck from Valley Sales based on price and local availability. This was a 2013 budgeted item. A motion was made by Commissioner Hanson, seconded by Secretary Morrow to approve requisition #5216 — Truck Replacement for MDC 441 for $30,347.16 from Valley Sales. Motion was unanimously carried. (Requisition attached.) 8. Discuss City of Hutchinson in Support of the Preservation of Tax Exempt Financing GM Kumm presented a sample of a resolution and letters supporting the preservation of tax exempt financing. Attorney Sebora stated the City would appreciate HUC's support. A motion was made by Commissioner Hanson, seconded by Secretary Morrow to support the City Council in creating a resolution in support of tax exempt financing. Motion was unanimously carried. E 9. Discuss PILOT Workshop Discussion held regarding GM Kumm conducting another PILOT workshop to further review GM Kumm's PILOT recommendations. The Board requested GM Kumm present a 5 -year financial forecast and provide data from decisions made in about 2006 as it relates to the PILOT and reflects recommendations provided from the HUC PILOT committee at that time. An April PILOT workshop date will be set at the next HUC regular commission meeting. 10. Communication from the City Administrator City Administrator Carter was absent. 11. Division Reports Finance — Jared Martig • Working on final information with auditors. Natural Gas — John Webster • Developed different agreements for the City of Brownton. • Supporting production department with calculations for Wartsila; helping them with volume flow. • Discussed the cathodic protection study from GRE conducted on HUC's gas transmission line. Business — Jan Sifferath • Extended an offer for the plant electrician position. • Drafting procedures for HUC personnel to follow during irate customer situations. Electric — Steve Lancaster • Working with Wartsila to receive custody of the new engine. • Bid opening for new controls for unit 1 at plant 2. 12. Legal Update Nothing to report Unfinished Business • Update from City Attorney on Patent for the Real -Time Auto - Suggestion for Nodal Delivery in Energy Networks David Fairbairn is working on the final patent and will file the application by March 15, 2013. • Discussion Regarding Pre -Pay for Natural Gas Nothing to report. • Discuss Credit Card Payments Nothing to report. C • Discuss Criteria for New Commissioner Candidates Attorney Sebora sent the Board information from Hutchinson Health which can be used as a model for HUC's criteria for new commissioner candidates. Commissioners to review and send Kim Koski redlined documents to compile. This will be added as an agenda item to the April PILOT workshop for further discussion. Attorney Sebora will also send Commissioners the names of past commissioner applicants. New Business None There being no further business, a motion was made by Commissioner Hanson, seconded by Commissioner Lenz to adjourn the meeting at 4:28 p.m. Motion was unanimously carried. Monty Morrow, Secretary ATTEST:'`,R,y —' DAght Bordson, President M Commercial or Industrial All commercial and industrial electric meters must be located outside. If remodeling is done on the premises, which would cause the meter to be located inside, the owner, at owner's expense, must relocate the meter to the outside to a location agreed upon by HUC. EXEMPT EMPLOYMENT OF RELATIVES No applicant or employee shall receive preferential consideration because of his /her relationship to an Utilities HUC employee, a Commission member, a Hutchinson City Council member or other City employees and officials. Any Mies HUC employee who extends such preferential treatment is subject to discipline. Immediate family members may be employed by HUC provided there is no direct report relationship. No member of the immediate family of the General Manager or a current member of the Commission may be employed by the WtilitiesHUC. A former Commission member may not be hired as an employee of the Utiiities HUC for two years after the end of the Commissioner's term in office. EMPLOYEE CONDUCT All Ufih4yHUC employees are expected to conduct themselves in a manner that creates a work environment enabling employees to work effectively and to promote positive customer relations. UyHUC employees are required to adhere to the following standards of conduct while on the job. • To behave in a courteous, business -like manner and to comply with UHUC policies and work rules. • Refrain from any and all action, which may be detrimental to the safety or work of other employees or to the goals of the T TtilitiesHUC. • To communicate openly and honestly with management, other employees, and the public. • To share responsibility for personal development and growth. • To continually strive for excellence in work product and habits. DISCIPLINE In general, T T�yHUC employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules approved by the Commission. It is the policy of the Commission to administer discipline fairly, without discrimination, and for just cause. The employee may demand a hearing or use the grievance procedure with respect to any disciplinary action believed to be unjust or disproportionate to the alleged offense. The General Manager, Director or Manager shall investigate any allegation on which disciplinary action might be based before disciplinary action is taken. The Commission supports the concept of progressive discipline but expressly reserves the right to impose various levels of discipline depending on the nature of the offense. Staff Personnel may impose oral and written reprimands. Only the General Manager may impose a suspension without pay, letter in lieu of suspension, demotion, or discharge. Notices of oral reprimand, written reprimand, suspension without pay, demotion, or discharge will be documented in written form and will state the reason(s) for the action taken. The employee shall be provided with a copy of each such notice and a copy shall be retained in the employee's personnel file. The following are examples of disciplinary action but do not constitute an exclusive list of possibilities and may be taken in any order or not used at all. These examples and their descriptions are not intended to create a contract or obligation on management's part. A Oral reprimand. An oral notice advising an employee of inappropriate conduct and expected corrective action. B Written reprimand. A written notice advising an employee of inappropriate conduct. A written reprimand should describe in detail the behavior to be corrected, describe past actions taken by the supervisor to correct the problem, give direction and orders for the future including timetables and goals for improvement when appropriate, and specify consequences of repeating the inappropriate behavior. The employee will be given a copy of the reprimand and sign the original acknowledging receipt of the reprimand. The signature of the employee does not signify agreement with the reprimand. The reprimand will be placed in the employee's personnel file. C Prior to the suspension or as soon after as possible, the employee will be notified in writing of the reason for the suspension and its length. There are two forms of suspension: suspension as discipline and suspension pending investigation. An employee receiving a suspension as discipline may not be paid, may not accrue vacation, holiday or sick leave benefits during the suspension, and may not use paid time while suspended. An employee suspended pending investigation of allegations will have a copy of each written statement placed in the personnel file and will be paid during the investigation. If the allegations prove false, the statement will be removed. An employee placed on investigatory suspension should be notified as quickly as reasonably possible of the action taken regarding employment. D Demotion. Placement of an employee in a lower level position. E Discharge. The General Manager may discharge any employee, but if the employee has completed the probationary period, a dismissal will be made only for just cause. A dismissed employee will be notified by the previous posting of a summary of Minnesota Statute Sections 181.931 to 181.935 or by furnishing the terminated employee a copy of those statutes at termination that the employee has a right to make a written request for the UtilifiesHUC reason for termination. If requested, the UfififieSHUC will provide reasons, in writing, within five working days. This notice will also contain a statement indicating that the employee may respond to the charges both orally and in writing and may appear personally before the official having authority to make or recommend the final decision. An adequate reason or "just cause" for a disciplinary action will include, but not be limited to, evidence of any of the following: A Incompetence or inefficiency in the performance of duties. B Negligence or carelessness in the performance of duty, such as in the handling or control of municipal property, equipment, or funds and failure to observe safety rules and regulations. C Offensive or inappropriate conduct or language toward Utilities employees or other persons. D Failure to obey any lawful and reasonable direction given by an employee's supervisor or the appointing authority. E Acceptance of a fee, gift, or other valuable item or benefit in the course of, or as a result of, the employee's work. This limitation is not intended to prohibit the acceptance of articles of negligible value, which are distributed generally, or to prohibit employees from accepting social courtesies, which promote good public relations. This prohibition is intended to prevent or discourage relationships, which may be construed as evidence of favoritism, coercion, unfair advantage, or collusion. Employees may accept food and refreshments in such instances as a luncheon, dinner meeting, or inspection tour in conjunction with 7 T�yHUC business. F Conviction of a crime, which affects or relates to the performance of assigned duties. G Using, threatening or attempting to use, political influence or unethical pressure to influence a decision on a promotion, transfer, leave of absence, increased compensation, other benefit, or any other matter in which the employee has an interest. Unethical pressure includes offers of gifts or other special benefits, coercion, collusion, threats of blackmail, requests for favoritism, and use of unfair advantage. H Absence from work without prior approval in accordance with this policy I During assigned work schedules, (1) consuming or being under the influence of alcoholic beverages, (2) having the odor of an alcoholic beverage on the breath, or (3) consuming or being under the influence of a controlled substance, other than one prescribed by a physician, which does not impair the ability to perform assigned duties. J Tardiness or abuse of sick leave privileges. K Theft of public property, pilferage, or other unauthorized use or taking of property. L Sexual harassment. M Discrimination against or harassment of any TT�yffUC employee at any time, or any other person during work hours, based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, veterans status, disability, or age. N Performance of personal or other non -uyHUC work related matters during work hours. O Violation of the atilityHUC's equal employment plan. P Engaging in a conflict of interest or performing public duties in a situation where the employee has a conflict of interest. Q Violations of the provisions of this Handbook and /or policies. R Horseplay, loafing or sleeping on the job. S Proven dishonesty in the performance of duties. T Acts or threats of physical violence directed toward 4h4y UC employees. U Unauthorized use or release of confidential, sensitive or privileged information. V As a supervisor, knowingly permitting another employee to violate this policy or other work rules. W Acting or failing to act in a manner not otherwise specified that tends to lower discipline or morale among ufiH4yHUC employees, brings or tends to bring discredit to the u614HUC, its employees, or that adversely affects the prompt, courteous and efficient provisions of public services. Freedom of speech protected by the First Amendment shall not be a basis for discipline. X Unauthorized possession or use of firearms or hazardous materials on utflityHUC time or property. Y Refusal, during working hours, to submit to a Breathalyzer or other drug test required by law. Z Anyone who punches a time clock for another employee. NON- EXEMPT EMPLOYMENT OF RELATIVES No applicant or employee shall receive preferential consideration because of his /her relationship to an Utilities HUC employee, a Commission member, a Hutchinson City Council member or other City employees and officials. Any Utilities -HUC employee who extends such preferential treatment is subject to discipline. Immediate_family members may be employed by HUC provided there is no direct report relationship. No member of the immediate family of the General Manager or a current member of the Commission may be employed byte UtilitiesHUC. A former Commission member may not be hired as an employee of the Utilities HUC for two years after the end of the Commissioner's term in office. NON - EXEMPT EMPLOYEE CONDUCT All 7 t4ityHUC employees are expected to conduct themselves in a manner that creates a work environment enabling employees to work effectively and to promote positive customer relations. UtilityHUC employees are required to adhere to the following standards of conduct while on the job. • To behave in a courteous, business -like manner and to comply with U#lity UC policies and work rules. • Refrain from any and all action, which may be detrimental to the safety or work of other employees or to the goals of the UtifiltiesHUC. • To communicate openly and honestly with management, other employees, and the public. • To share responsibility for personal development and growth. • To continually strive for excellence in work product and habits. DISCIPLINE In general, I}HUC employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules approved by the Commission. It is the policy of the Commission to administer discipline fairly, without discrimination, and for just cause. The employee may demand a hearing or use the grievance procedure with respect to any disciplinary action believed to be unjust or disproportionate to the alleged offense. The General Manager, Director or Manager shall investigate any allegation on which disciplinary action might be based before disciplinary action is taken. The Commission supports the concept of progressive discipline but expressly reserves the right to impose various levels of discipline depending on the nature of the offense. Staff Personnel may impose oral and written reprimands, and may send an employee home for the remainder of a shift without pay. Only the General Manager may impose a suspension without pay, letter in lieu of suspension, demotion, or discharge. Notices of oral reprimand, written reprimand, suspension without pay, demotion, or discharge will be documented in written form and will state the reason(s) for the action taken. The employee shall be provided with a copy of each such notice and a copy shall be retained in the employee's personnel file. The following are examples of disciplinary action but do not constitute an exclusive list of possibilities and may be taken in any order or not used at all. These examples and their descriptions are not intended to create a contract or obligation on management's part. A Oral reprimand. An oral notice advising an employee of inappropriate conduct and expected corrective action. B Written reprimand. A written notice advising an employee of inappropriate conduct. A written reprimand should describe in detail the behavior to be corrected, describe past actions taken by the supervisor to correct the problem, give direction and orders for the future including timetables and goals for improvement when appropriate, and specify consequences of repeating the inappropriate behavior. The employee will be given a copy of the reprimand and sign the original acknowledging receipt of the reprimand. The signature of the employee does not signify agreement with the reprimand. The reprimand will be placed in the employee's personnel file. C Prior to the suspension or as soon after as possible, the employee will be notified in writing of the reason for the suspension and its length. There are two forms of suspension: suspension as discipline and suspension pending investigation. An employee receiving a suspension as discipline may not be paid, may not accrue vacation, holiday or sick leave benefits during the suspension, and may not use paid time while suspended. An employee suspended pending investigation of allegations will have a copy of each written statement placed in the personnel file and will be paid during the investigation. If the allegations prove false, the statement will be removed. An employee placed on investigatory suspension should be notified as quickly as reasonably possible of the action taken regarding employment. D Demotion. Placement of an employee in a lower level position. E Discharge. The General Manager may discharge any employee, but if the employee has completed the probationary period, a dismissal will be made only for just cause. A dismissed employee will be notified by the previous posting of a summary of Minnesota Statute Sections 181.931 to 181.935 or by furnishing the terminated employee a copy of those statutes at termination that the employee has a right to make a written request for the Uti'tiesHUC reason for termination. If requested, T the om- 'tilitiesHUC will provide reasons, in writing, within five working days. This notice will also contain a statement indicating that the employee may respond to the charges both orally and in writing and may appear personally before the official having authority to make or recommend the final decision. An adequate reason or "just cause" for a disciplinary action will include, but not be limited to, evidence of any of the following: A Incompetence or inefficiency in the performance of duties. B Negligence or carelessness in the performance of duty, such as in the handling or control of municipal property, equipment, or funds and failure to observe safety rules and regulations. C Offensive or inappropriate conduct or language toward Utilities employees or other persons. D Failure to obey any lawful and reasonable direction given by an employee's supervisor or the appointing authority. E Acceptance of a fee, gift, or other valuable item or benefit in the course of, or as a result of, the employee's work. This limitation is not intended to prohibit the acceptance of articles of negligible value, which are distributed generally, or to prohibit employees from accepting social courtesies, which promote good public relations. This prohibition is intended to prevent or discourage relationships, which may be construed as evidence of favoritism, coercion, unfair advantage, or collusion. Employees may accept food and refreshments in such instances as a luncheon, dinner meeting, or inspection tour in conjunction with UHlityHUC business. F Conviction of a crime, which affects or relates to the performance of assigned duties. G Using, threatening or attempting to use, political influence or unethical pressure to influence a decision on a promotion, transfer, leave of absence, increased compensation, other benefit, or any other matter in which the employee has an interest. Unethical pressure includes offers of gifts or other special benefits, coercion, collusion, threats of blackmail, requests for favoritism, and use of unfair advantage. H Absence from work without prior approval in accordance with this policy. I During assigned work schedules, (1) consuming or being under the influence of alcoholic beverages, (2) having the odor of an alcoholic beverage on the breath, or (3) consuming or being under the influence of a controlled substance, other than one prescribed by a physician, which does not impair the ability to perform assigned duties. J Tardiness or abuse of sick leave privileges. K Theft of public property, pilferage, or other unauthorized use or taking of property. L Sexual harassment. M Discrimination against or harassment of any UtiWyHUC employee at any time, or any other person during work hours, based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, veterans status, disability, or age. N Performance of personal or other non- ut4ityHUC work related matters during work hours. O Violation of the uyHUC's equal employment plan. P Engaging in a conflict of interest or performing public duties in a situation where the employee has a conflict of interest. Q Violations of the provisions of this Handbook and /or policies. R Horseplay, loafing or sleeping on the job. S Proven dishonesty in the performance of duties. T Acts or threats of physical violence directed toward util kyHUC employees. U Unauthorized use or release of confidential, sensitive or privileged information. V As a supervisor, knowingly permitting another employee to violate this policy or other work rules. W Acting or failing to act in a manner not otherwise specified that tends to lower discipline or morale among uHUC employees, brings or tends to bring discredit to the ufilityHUC, its employees, or that adversely affects the prompt, courteous and efficient provisions of public services. Freedom of speech protected by the First Amendment shall not be a basis for discipline. X Unauthorized possession or use of firearms or hazardous materials on ufi4tyHUC time or property. Y Refusal, during working hours, to submit to a Breathalyzer or other drug test required by law. Z Anyone who punches a timeclock for another employee. T N LO O O 6 Z c O 6 O a� CL a U) 0 t0 O m W o O LL N Z cn o� 0 M p U WM Lo a pwLLII)) WN J U) I.L �— ZZc G t- r- o zz2f p l L J'f V /cn V% to Ln in Z=Z0"C°.i V Cl) Cl) PL C) E c F- LO H O X O = r = d LL cn a Ll i W Y U �". 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