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HomeMy WebLinkAboutResolution #5335 - adopting additional personnel policies related to the coronavirus/covid-19 and the families first coronavirus response act RESOLUTION NO. 5335 A RESOLUTION ADOPTING ADDITIONAL PERSONNEL POLICIES FOR THE CITY OF CANTON RELATED TO THE CORONAVIRUS/COVID-19 AND THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT WHEREAS, at the time of this Resolution, there exists a nationwide pandemic involving Coronavirus/COVID-19; WHEREAS, on or about April 7, 2020, the City of Canton (the "City") adopted personnel policies for the City of Canton related to the Coronavirus/COVID-19 and the Families First Coronavirus Act (Resolution No. 5234); WHEREAS, due to changes in the law, changes in guidelines/recommendations, and the availability of vaccinations, the City, through the City Attorney pursuant to the Mayor's Executive Order(s), has implemented revised "City of Canton — Coronavirus (COVID-19) Policies," effective October 1,2021 (the "Revised COVID Policy"); WHEREAS, the City Council of the City of Canton finds it to be in the best interests of the City of Canton to adopt the Revised COVID Policy to protect City employees and residents from the spread of COVID; and WHEREAS, should any section or provision of this Resolution, or the adopted policies related thereto, be declared to be invalid, that decision shall not affect the validity of this Resolution, or the adopted policies related thereto, as a whole or any part thereof, other than the part so declared to be invalid; NOW, THEREFORE, be it resolved by the corporate authorities of the City of Canton the following: Section 1. The City of Canton hereby finds as fact the recitals set forth above and are incorporated herein as though fully set forth; Section 2. The Revised COVID Policy, substantially in the form as included as "Exhibit A"to this Resolution, are hereby ADOPTED. Section 3. The City Attorney, upon consultation with the Chairman of the Committee on Negotiation, Grievance and Personnel, is hereby authorized to enter into, such agreements, including memoranda of understanding, with the City's bargaining units in order to promote the provision of City services and the health and safety of the public and employees, to implement the policies adopted herein, or to otherwise comply with federal and state law and regulations. Section 4. The City Attorney, upon consultation with the Chairman of the Committee on Negotiation, Grievance and Personnel, is hereby authorized to modify, supplement, or otherwise amend the Revised Covid Policy adopted by this Resolution in order to promote City services and the health and safety of the public and employees or to otherwise comply with federal and state law and regulations. Section 5. The City Attorney, upon consultation with the Chairman of the Committee on Negotiation, Grievance and Personnel, is hereby authorized to adjust any personnel policies (including those related to bargaining units) related to leave time, other benefits or terms and conditions of employment as are reasonably related to providing sufficient staffing, to promote City services and the health and safety of the public and employees, or to otherwise comply with federal and state law and regulations, during the term of any Local State of Emergency. Section 6. This Resolution shall be in full force and effect immediately upon the passage of this Resolution. PASSED THIS 5th day of October, 2021. AYES: Alderperson Andra Chamberlin, Justin Nelson, John Lovell, Craig West, Angela Hale, Jeff Fritz, Greg Gossett NAYS: None ABSENT: Alderwoman Angela Lingenfelter APPROVED THIS 5th day of October, 2021. Al" SS"I", _ 1" t McDo 1, Mayor m. Diana I avley ocl ,Z, y Clerk EXHI'll IBIT A 4 CITY OF CANTON—CORONA"4'r;RU COVID-19 POLICIES D (As o£ October 1,2021) A. Vaccinations: All employees are encouraged to be vaccinated to protect against COVID-19 or any variants thereof(collectively "COVID"), unless an employee has a valid medical reason or religious basis for not doing so.Employees who are unvaccinated are required to continually monitor for symptoms of COVID and wear face coverings at all times while on-duty, unless doing so would unreasonably interfere with their ability to perform their jobs (e.g. while wearing an air mask during a fire)or the employee has a legitimate medical basis for not doing so,to prevent the spread of COVID. B. Notification of VaccinationStatus: All employees are required to notify the City Clerk of their vaccination status no later than 5:00 p.m. on October 6,2021 by providing the following: (1) Is the employee vaccinated?(Yes or No) (2) For employees who are vaccinated or partially vaccinated: o The type of vaccine received(Moderna,Pfizer,Johnson&Johnson,or other vaccine received in approved clinical trials). o The date of the first dose vaccine. o The date of the second dose for a two-dose vaccine. o A declaration, under penalty of perjury,that they have been vaccinated. o A copy of the employee's CDC COVID-19 vaccination record card or a photograph of the card. Employees who report that they are unvaccinated must update their status once they are fully vaccinated. To be fully vaccinated, 14 days must have passed since an employee received the final dose of a two-dose vaccine or the first dose of a one-dose vaccine. C. Weekly Testing: All employees that are not fully vaccinated prior to 5:00 p.m.October 6, 2021 shall submit to weekly testing (at a credible testing site approved by the City) beginning October 11, 2021.All testing results shall be tendered to the City Clerk within twenty-four(24)hours of receipt of same. If an employee is subsequently fully vaccinated,then he or she may be relieved of his or her obligation to submit to weekly testing upon tendering the information required in Paragraph B. D. Self-Reppifing Req uin nients: Any employee who tests positive for COVID, is exposed(as defined by the CDC), or becomes ill with or displays symptoms of COVID, shall notify their supervisor immediately and leave the workplace or otherwise not report for duty until instructed otherwise by the City Clerk or Mayor(or his designee).All employees shall immediately advise their supervisor if there has been a known work-related exposure to COVID.Notwithstanding the foregoing, in the case of exposure, fully vaccinated employees may be permitted to remain at work so long as they are asymptomatic and so long as they follow CDC guidelines for exposure. Page 1 of 7 CITY OF CANTON—CORONAVIRUS COVID-I9 POLICIES ID (As of: October 1 2021) E. Mandated Time-Off for COVID Positive Tests: Any employee who tests positive for COVID, regardless of vaccination status, shall not return to work until the end of any stay at home, quarantine, or isolation order, as set forth by the State of Illinois, Governor, Illinois Department of Public Health ("IDPH"), and/or Fulton County Health Department. The City, in its discretion, may also require the employee to remain home until it believes the employee is safe to return to the workplace. Prior to returning to work, the City may require the employee to obtain and provide: (i) a doctor's note; (ii) a negative COVID test performed by a credible testing site(as determined by the City);and/or(ii)a release/letter from the IDPH and/or Fulton County Health Department. In no event should an employee report to work while symptomatic. F. Mandated Time-Off for COVID Exposure: Unvaccinated individuals who have been exposed (as defined by the CDC) to COVID are required to remain at home for a period of 10 days after being exposed to COVID, unless said time period is later amended per the guidelines of the Centers for Disease Control and Prevention("CDC"). Vaccinated individuals who have been exposed to COVID will be required to wear a mask for 14 days, unless said time period is later amended per the guidelines of the CDC. All employees who have been exposed to COVID should obtain a test for COVID within 3-5 days following exposure, even if they do not exhibit symptoms, and they should provide the results of the test to the City Clerk upon receipt of same. An exposed employee shall not return to work until the end of any stay at home, quarantine,or isolation order(if any),as set forth by State of Illinois,Governor,IDPH,and/or Fulton County Health Department. The City,in its discretion, may also require the employee to remain home until it believes the employee is safe to return to the workplace. Prior to returning to work, the City may require the employee to obtain and provide: (i)a doctor's note; (ii) a negative COVID test performed by a credible testing site (as determined by the City);and/or(ii)a release/letter from the IDPH and/or Fulton County Health Department. G. Sus aected E OSUre: The City reserves the right to unilaterally order an employee home due to suspecting an employee has been exposed to COVID, even without symptoms,or due to an employee displaying symptoms of COVID where the employee does not self-report. H. Travel: All employees should follow the travel guidelines for domestic and international travel as set forth by the CDC, and employees must follow any quarantine or self- quarantine recommendations/requirements set forth by the CDC. If an employee has traveled domestically(out-of-state)to an area deemed to be"high risk"area with respect to COVID community transition rates (as determined by the CDC) or another country, or the City has reason to believe said employee has traveled to such a high risk area or another country,the City may ask the employee for information related to his/her travel and may also require a returning employee to not return to the workplace until they present a negative COVID-19 test and/or if CDC guidelines suggest staying home or isolating after such travel. After traveling, all employees must obtain a COVID-19 test as recommended by the CDC,and they should provide the results of the test to the City Clerk upon receipt of same.The City reserves the right to ask any employees about their travel. Page 2 of 7 D CITY OF CANTON—CORONAVIRLJ COVID-19 POLICIE(As of. October 1,2021) crature Checks: (i) Employees with a temperature of 100.4° F or higher shall not report to duty or continue working, and should notify their supervisor immediately. To ensure compliance with this policy, the City may take the temperature of any employee reporting to work or on duty to verify if the employee has a fever of 100.4° F or higher. (ii) Upon installation by the City at an employee's workplace, the employee will be required to use the temperature check devices placed at all entrances prior to starting his or her shift. Any individual who has a fever of 100.4° F or higher will not be permitted to enter the City property and shall return home. Any employee who has a fever of 100.4° F or higher should notify their supervisor immediately of their symptoms. (iii) Any employee, regardless of vaccination status, who has a fever of 100.4° F or higher is required to remain at home until they are fever free (without fever reducing medications) for at least 72 hours and should obtain a COVID test and provides the results to the City Clerk prior to returning to work. (iv) Any results of taking an employee's temperature will be kept confidential; however, City administration, including department heads, may share the information as reasonably necessary to maintain a safe workplace. J. Other creep ng Procedures: (i) The City may ask employees regarding their possible symptoms, including fever, chills,coughing,shortness of breath and/or a sore throat.Any medical information provided by employees will be kept confidential by the City; however, City administration, including department heads, may share the information as reasonably necessary to maintain a safe workplace. (ii) The City may utilize screening procedures, such as questionnaires, including on a regular basis (e.g. daily), in order to assess whether an employee may be experiencing symptoms of COVID-19. Any such information provided by employees will be kept confidential by the City; however, City administration, including department heads,may share the information as reasonably necessary to maintain a safe workplace. Page 3 of 7 CITY OF CANTON—CORONAVIRUS COVID-ISI POLICIES CANMMN (As of: October 1,2021) M�al�e a K. lcicliticrt l hts mal"("ice: (i) The City may send an employee home or order them not to return to work if the City knows or has reason to believe: (i) the employee has been exposed; (ii) is experiencing COVID symptoms; (iii) is COVID positive; (iv) has traveled to a "high risk"area or another country; (v)has been absent for any period of time; or (vi) should otherwise isolate or quarantine pursuant to applicable State, Federal, CDC, IDPH, and/or Fulton County Health Department guidelines, rules, or regulations. (ii) Prior to returning to work or upon being ordered to leave work, the City may require the employee to obtain and provide: (i) a doctor's note; (ii) a negative COVID test performed by a credible testing site(as determined by the City);and/or (ii)a release/letter from the IDPH and/or Fulton County Health Department. (iii) Where practicable, the City may choose to have non-essential employees remain home, on call, with regular pay, during the COVID crisis. "On-call" employees shall remain available,by phone,to the City during normal business hours and for emergencies that may otherwise arise. The determination of "essential" versus "non-essential" personnel shall be in the City's sole discretion on a case-by-case basis. (iv) Some employees may be asked to telework. If that is the case,then that employee may be given a City funded cell phone and/or"hot spot,"as needed and if possible. Being asked to be home and on-call is not the same as being home to "telework" where most of the employee's duties will be completed at home. (v) In accordance with the CDC's "Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected of Confirmed COVID-19", to ensure the continuity of operations of essential functions, like those performed by the City, an employee may be authorized by the City to continue to work following close contact with an individual with confirmed or suspected COVID as long as such employee remains asymptomatic and otherwise complies with the CDC's guidelines.The City is not required to authorize any employee to return to work under this paragraph and the election to do so shall be in the Mayor's sole discretion. (vi) The City reserves all managerial rights contained within its collective bargaining agreements, including but not limited to the exclusive right to unilaterally set regular hours,work shifts,workweeks, shift designations and all matters ancillary or relating thereto as the City's requirements or public safety may seem to require. Page 4 of 7 CITY OF CANTON—CORONAVIRUS COVID-19 POLICIES 1+1 (As of: October 1,2021) m h„ R ra�xr, L. Personal Protective lac ui ment and Recommended Procedures: (i) In the event any employee notices that the necessary personal protective equipment ("PPE") for his/her respective department is running low, he or she shall immediately take action to notify his or her supervisor.Employees understand that the City will use its best efforts to maintain adequate PPE inventory to protect against the Coronavirus/COVID,as it is available. (ii) Failure to use PPE, when instructed by a supervisor and readily available to the employee, shall be grounds for discipline, up to and including, termination of employment. Face coverings should be worn at all times as directed by a supervisor and consistent with CDC and IDPH guidelines, unless doing so would unreasonably interfere with an employee's ability to perform his or her duties or would otherwise jeopardize the safety or health of the employee. Any failure to wear a face covering may be grounds for discipline, including up to tennination. All failures to wear face coverings or other PPE will be addressed on a case-by- case basis. (iii) During the Coronavirus/COVID crisis, the City will require thorough hand washing by employees and to exercise proper etiquette for coughing and sneezing (i.e. covering your mouth and nose)and disposal of tissue. (iv) All employees are also strongly encouraged to do the following: (a) Clean hands often with an alcohol-based hand sanitizer or wash hands with soap and water for at least 20 seconds. Soap and water should be used if hands are visibly dirty; (b) Practice social distancing to the extent possible; (c) Use hand sanitizer frequently; (d) Eliminate handshakes,high-fives,etc.; (e) Wear all proper PPE at all necessary times,as available and possible;and (f) Wear gloves when interacting with the public. Page 5 of 7 CITY OF CANTON—CORONAVIRUS COV'ID-t'9 POLICIES 1 I+II"t N °° (As of: October 1 2021) M. General Provisions: (i) Effective: October 1,2021 (ii) Covered Employees:All employees of the City of Canton(herein after"employee" or"employees"). (iii) Supervisors: "Supervisor," for purposes of this Policy, includes the employee's direct on-duty supervisor,the department head,and/or the Mayor. (iv) These City of Canton - Coronavirus (COVID-19) Policies (this "Policy") hereby replace and supersede any and all prior COVID-19 policies and procedures, including but not limited to the "City of Canton — Coronavirus (COVID-19) Policies"issued on or about April 7,2020. (v) If an unvaccinated employee is ordered to leave the workplace(or to not report to work)under this Policy to be tested,and they then timely test negative for COVID upon being required to be tested by the City, they will not be reimbursed for any time missed due to the City's order and/or any applicable quarantine or isolation order. If a vaccinated employee is ordered to leave the workplace(or to not report to work) under this Policy to be tested, and they then timely test negative for COVID upon being required to be tested by the City, they will be reimbursed for their regular time missed due to the City's order to be tested. (vi) If an employee is unvaccinated due to either (a) a disability as defined under the Americans with Disabilities Act or(b)a legitimate religious belief or observance, may request an exemption for that employee to be treated as "vaccinated" for purposes of reimbursement related to city-ordered testing.In the event an employee is unvaccinated for either of these reasons,the employee shall notify the City Clerk prior to 5:00 p.m. on October 6, 2021.The City may require documentation from the employee supporting these reasons, and each request for an exemption will be reviewed on a case-by-case basis. This provision does not relieve an employee's obligation to maintain weekly testing, as set forth above, if the employee is not actually fully vaccinated prior to 5:00 p.m. on October 6,2021. If an employee is subsequently fully vaccinated, then he or she may be relieved of his or her obligation to submit to weekly testing provided the information in Paragraph B is provided to the City Clerk. Page 6 of 7 CITE" OF CAN'T'ON—CORONAVIRUS COVID-19 POLICIES �� (As of: October 1,2021) xaapr�m�zW (vii) If any employee tests positive for COVID or has been exposed to COVID, regardless of whether the employee is vaccinated or unvaccinated, or is otherwise required to stay home, leave work, or not report to duty pursuant to this Policy,an isolation order, quarantine order, or other government action, then the employee may apply their sick or personal time missed due to the City's orders and/or any applicable quarantine,order isolation order, or government action. (viii) Any medical information provided by employees will be kept confidential by the City; however, City administration, including supervisors, may share the information as reasonably necessary to maintain a safe workplace. (ix) In the event any employee believes his or her supervisor is demonstrating symptoms of COVID, has been exposed, is positive, or has travelled to a"high risk" area, and he or she feels uncomfortable confronting said supervisor about going home or getting tested, the employee may report such symptoms to the department head (and in the event of the department head, the Mayor) without retaliation. (x) In order to prevent the possible spread of Coronavirus/COVID, all full-time employees shall seek permission of his or her department head(and in the case of department heads, the Mayor) before working for any additional employer or governmental agency(e.g. a volunteer fire department). If the employee fears this will jeopardize the safety and operations of the other said agency or employer,then said employee shall notify his supervisor at the time of seeking permission. If an employee is also self-employed,then he should notify the department head(or in the case of department heads,the mayor) of such self-employment. Permission to work for another employer or to be self-employed shall not be unreasonably withheld. (xi) Due to the critical importance of combatting the spread of COVID,employees must be diligent in complying with the mandates of this Policy. An employee's failure to comply with the Policy may result in disciplinary action, up to and including, termination of employment. (xii) Questions regarding this Policy or the implementation thereof shall be directed to the City Clerk, who may then discuss any issues or questions with the applicable supervisor and/or the City Attorney. THE CITY OF CANTON RESERVES THE RIGHT'rO AMEND REVOKE.AND/OR SUPPLEMENT ITS PERSONNEL POLICIES INCLUDING THE POLICIES SET FORT14 IN THIS DOCUMENT ACC'ORDI'NG TO APPLICABLE LAW Page 7 of 7 EMPLOYEE ACKNOWLEDGEMENT This document acknowledges that I have been given a copy of the CITY OF CANTON- CORONAVIRUS (COVID-19) POLICIES (AS OF: OCTOBER 1, 2021) (hereinafter the "Policy"). I understand that it is my responsibility and obligation to read and review the Policy carefully, to direct questions about the policy to the City Clerk, except as otherwise set forth in the Policy, and to be in full compliance with the Policy at all times. I also understand that the City of Canton reserves the right to amend, revoke, and/or supplement its personnel policies,including the policies set forth in the Policy,according to applicable law. Name• Date•