Generic Standard Operating Procedures

Standard Operating Procedures

March 2018 2

Animal Services Mission

Missouri City Animal Services is committed to protecting the health,

safety and well-being of all people and animals in our community through

enforcement of state and local laws and by providing compassionate care

for every animal within the city’s animal shelter.

We accomplish our mission by:

Assuring that all proper medical treatment have been administered.

Facilitating registration of dogs and cats within the city.

Providing temporary housing and humane care and treatment for

all shelter animals.

Assisting in re-uniting lost pets with their owners.

Responding effectively and efficiently to all animal bite cases.

Providing spay/neuter services to reduce pet overpopulation and

heartworm testing prior to adoption.

Creating collaborative partnerships and training with outside

agencies, rescue groups, and volunteers to promote adoptions and

reduce euthanasia rate(s).


March 2018 3

TABLE OF CONTENTS PAGE #

COVER LETTER TO STAFF 5

CODE OF CONDUCT 6

FACILITY OPERATIONS HOURS OF OPERATION 7

ANIMAL INTAKE PROCEDURE 8

PHOTOGRAPHS FOR ANIMAL RECORD 9

LIMITIING TRANSMISSION OF DISEASE 10

FACILITY DUTIES 11

CLEANING DOG RUNS 12

CLEANING CAT AREA 13

WASHING THE DISHES 14

MEDICAL PROTOCOL FOR INCOMING ANIMALS 15

RECORDKEEPING 16

PREPARING A LIST OF ANIMALS FOR TRANSFER TO RESCUE ORGANIZATIONS 17

ADOPTIONS 18

FOSTER PROGRAM 20

VOLUNTEER LIST OF APPROVED DUTIES 21

LOST ANIMALS 22

FOUND ANIMALS 24

DISPOSITION OF ANIMALS 27

EUTHANASIA DECISIONS 28

EUTHANASIA TECHNICAL PROCEDURES 32

SAFTEY RULES 33

ANIMAL HANDLING SAFETY 34

RESTRAINT OF ANIMALS 35

APPROACHING FEARFUL KENNELED ANIMALS 36

SECURITY OF CONTROLLED SUBSTANCES / PRESCRIPTION MEDICATION 37

HAZARD COMMUNICATION PROGRAM 38

MEDIA CONTACTS 39

FIELD OPERATIONS VEHICLE OPERATIONS 40

UNIFORM 42

ANIMAL BITES 43

DEAD ANIMALS 44

INJURED ANIMALS 45

LEASH LAW VIOLATIONS 46

HUMANE TRAPPING 47

EMERGENCIES AND AFTER HOURS CALL OUT 48

ANIMAL ABUSE AND ABANDONMENT 49

LARGE LIVESTOCK 50

ENFORCEMENT 51


March 2018 4

BARKING / ANIMAL NOISE COMPLAINTS 52

APPENDIX A – CITY ORDINANCE 53

APPENDIX B – ADOPTION AGREEMENT 77

APPENDIX C – TRANSFER FORM 80

APPENDIX D – FOSTER AGREEMENT & WAIVER 83

APPENDIX E – TRAP AGREEMENT 86

APPENDIX F – PERSONNEL POLICY 89

APPENDIX G – CASH HANDLING POLICY 137


March 2018 5

COVER LETTER TO STAFF

This is your personal copy of the Standard Operating Procedures (SOPs) Manual. SOPs are a key tool for the operation and management of Missouri City Animal Services. They establish a baseline for how all staff and volunteers perform routine facility tasks. The consistency and predictability that SOPs can provide help make life less stressful for the animals — and for people, too. The SOPs were written with input from various stakeholders including benchmarking with other shelters in this area, and all staff and volunteers are accountable for following them. These SOPs enable us to be consistent about expectations for every employee and to determine whether performance meets, exceeds, or falls short of expectations. Be sure to read the entire document and then review the sections that relate to your job. Discuss any questions that you have with your supervisor. The SOP manual is a ‘living’ document that will be updated as we identify better ways of doing our jobs and responding to the needs of the animals in our care and of the community we serve. The formal procedure for suggesting and making changes to SOPs is outlined below. The Office of the Director of Public Works will have the master and current copy of the SOPs. The current copy of the SOPs will also be filed with the City Secretary’s Office. Process for changes, updates or clarifications to the SOPs

To avoid confusion and inconsistency, only the Director of Public Works can make the actual written changes to the SOPs. However, all staff can suggest changes as described below:

If you have suggestions for changes, deletions, or additions, please submit them in writing to the

Animal Services Manager or his/her designee. After discussion with the entire division, the division manager advises the Public Works Manager of

his/her team’s suggestions or needed clarification. The Public Works Manager evaluates the requested change and if necessary discusses it with the

Director of Public Works and/or the City Attorney. If the Director of Public Works agrees with any suggested changes, that section of the master SOP

manual (both electronic and physical copy) will be presented to the Animal Advisory Board for approval before it is updated with the new wording and instruction.

A memo then goes out to the entire staff with a summary of the update, and the page and section number that was updated. Each staff person also receives a printed copy of the new revised section for the staff member to update their own manual.

This manual is the foundation for the continued excellent performance of our staff and the organization. The manual will be used as a training document throughout the organization. We strongly encourage you to review SOPs in your staff meetings on a regular basis. The Animal Services Manager or his/her designee is responsible for ensuring that staff understand and follow the SOPs that apply to their roles in the organization. Thank you for all the hard work you do each day in humanely caring for the animals in our shelter, and in also protecting the health and safety of our citizens when it comes to animal services.

Sincerely,

Shashi Kumar, P.E. Director of Public Works


March 2018 6

CODE OF CONDUCT

It is the duty of Animal Services employees and volunteers to act in a professional manner in both conduct and appearance. Members will be governed by reasonable and ordinary rules of good conduct and behavior and will not commit any act tending to bring reproach and discredit upon the Department.

All animals are to be treated humanely.

Each staff member will provide courteous, prompt, and efficient customer service. Staff members will

be courteous, civil, and respectful to each telephone contact, customers, volunteers, and all visitors.

All phone calls shall be returned promptly (within 24-hours). A log of phone calls received with contact information and reason for the call shall be documented.

Each staff member will be in proper attire when on duty and attention to personal hygiene is expected.

Each staff member will report for duty on time each scheduled day unless the member is ill or has

made prior arrangements with the Animal Services Manager or his/her designee to be late or absent.

Each staff member will observe the City ordinances (Appendix – A) and these SOPs. Any staff member found guilty in violation of an ordinance will be subject to disciplinary action.

All staff members and volunteers are responsible for being aware of all policies, rules and regulations

concerning the facility. All staff members volunteers will familiarize themselves with the laws and ordinances pertaining to animal welfare and Animal Services.

It is the responsibility of the Animal Services Manager or his/her designee to enforce the above code of conduct and the SOP’s. Violation of the same is subject to disciplinary action in accordance with the City’s adopted personnel policy or Municipal Volunteer Program Manual, as applicable.


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Monday through Friday 8 a.m. to 5 p.m. Saturday 10 a.m. to 2 p.m. Sunday Closed to the Public

Facility Operations 000-01 February 1, 2018

HOURS OF OPERATION General

The hours of operation are designed to ensure that all domestic and wild animals are properly and humanely cared for, and that the public has adequate and ample opportunity to conduct business at the Missouri City Animal Services facility. Shelter Hours

Emergency Service Hours

Missouri City Animal Services on-call staff will promptly (within 2-hours) respond to animal emergencies 24- hours a day, every day of the year. Any situation is considered an emergency in which a domestic or wild animal is in danger or is creating a danger to the community.

In general, the Animal Shelter is closed to the public and the volunteers on Sundays. If volunteer services are needed on Sunday due to an adoption event, at the discretion of the Animal Services Manager or his/her designee, volunteers may be allowed on a case-by-case basis on Sundays with prior approval. Volunteers/adoption agencies should coordinate with the Animal Services Manager or his/her designee one week in advance, should they need the shelter to be opened on a Sunday to facilitate an adoption event.


March 2018 8


ANIMAL INTAKE PROCEDURE

The Missouri City Animal Services facility is not an open admission facility. We will only accept animals found at-large within City limits of Missouri City and will not accept owner surrenders. Residents can call-in City Animal Services to report at-large or stray animals to be picked-up by Animal Services Officers (ASOs). Personal pets of staff or pets donated to staff from outside City limits shall not be housed within the animal shelter. In the event of a staff emergency, when staff members are required to report to work related to emergency operations, the above requirement may be waived at the discretion of the Director of Public Works. It is our mission and mandate that we evaluate each animal individually and will make decisions regarding adoption, transfer, foster, or euthanasia based on the animal and its potential to be safely re-homed. Animal Process

If an Animal Services officer picks up a stray, it will be checked for a microchip and registration tags at the facility and entered into the computer system within 24 hours. An animal that does not have a microchip or registration tags will be reflected as a stray and held for the stray period (72 hours). Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a nonprofit humane organization for the purpose of veterinary medical care, as determined by the Animal Services Manager. Impounding Animals

The process for impounding animals is as follows:

1. Pick up the animal from dispatched address or from the patrol area. 2. When arriving at the Animal Services facility, remove the animal from the truck and scan the animal

within 24 hours of intake. 3. Perform intake assessment using kennel card. 4. Make kennel card for animal and place on the kennel. 5. All wildlife animals are to be released unless they need to be taken to wildlife rehab or euthanized, if

necessary. Reference: Ordinance Section 10-113 Intake Procedures for Cats

Cats brought in from an Animal Services vehicle should be transported in a wire transfer cage. The cat will then be examined to determine if they appear healthy before being placed in the cat room. Disposal of Vicious Animals Any vicious animal impounded, unless there is reason to believe such animal has an owner, may be immediately disposed of as deemed appropriate by the Animal Services Manager or his/her designee in accordance with state and local law. Reference: Ordinance Section 10-113. Completing the Intake Process: After creating a record in the computer for the animal, take a photo of the animal. See Photographs for animal record. If the animal is frightened or you cannot safely control the animal, do not try to take a picture at this time. Print out the kennel card and place the kennel card and any original paperwork in the plastic sleeve on the cage into which the animal is placed. When strays enter with collars, any ID, rabies tag, license information on the collar or the tags are to be entered into the computer and the Animal Services officer will start tracing the information to find the owners (see section 000-16 Lost Animals).


March 2018 9


PHOTOGRAPHS FOR ANIMAL RECORD

A good photograph of each animal is necessary for matching animals in the facility with owners looking for their lost pets. To help ensure that the animal is readily identifiable in the photo, within 48 hours of intake, the Animal Services Manager or his/her designee should take a picture and send to the Department of Communications or contact the Department of Communications to take pictures. The Communications Department will post these photos on the City’s website or other social media outlets within 24-hours upon receipt.


March 2018 10


LIMITING TRANSMISSION OF DISEASE

Animals come to the facility from many different levels of care; some known and some unknown, but mostly unknown. Most facility animals have not received the prior benefit of routine preventive health care. The stress of entering a facility, the facility environment itself, and several other factors contribute to an increased risk for developing illness. Disease can be transmitted in several ways, and staff must work diligently to prevent transmission as much as possible. The five (5) main modes of disease transmission are:

Direct contact (one animal to another, such as nose to nose) Fomite (indirect) transmission (germ transmission on an inanimate object, such as a mop, hand, shirt)

Aerosol (in the air, such as via a fan)

Droplet (sneezing, coughing, less than 1 meter distance transmission)

Vector (via a flea, mouse, tick) Common diseases seen in facility environments include: feline upper respiratory infection and canine infectious upper respiratory disease (kennel cough). These are spread mainly through aerosol, droplet transmission and through fomite transmission, such as via the hands, feet, and even on clothing of staff and volunteers. For this reason, please wash hands (use hand sanitizer) between handling each animal and/or wear disposable gloves. Sanitizer bottles and dispensers are located throughout the kennel area. You do not have to sanitize your hands between the mother and puppies or kittens in a litter, but you must do so before you interact with another dog or cat. Other diseases, such as parvovirus in dogs and pan leukopenia (the cat form of parvo virus), are spread mainly through fomite transmission of bodily secretions, such as vomit and feces. These viruses are very environmentally hardy and can be difficult to eradicate from the facility environment if proper sanitation procedures are not in place. Staff or volunteers who observe animals exhibiting any signs of illness (such as diarrhea, vomiting, sneezing, coughing, nasal discharge, etc.) should immediately notify the Animal Services Manager or his/her designee. Every-day Practices that Help Prevent Spread of Disease

Report any animal that appears to be sick to the Animal Services Manager or his/her designee.

Wash your hands between animals.

Do not let animals housed apart interact or touch noses.

Wash and then disinfect any cement or solid surface.

Any time you disinfect, rinse or wipe the area thoroughly.

Wash dishes according to the posted written protocol (See section 000-08 washing the dishes).

Change trash liners on a regular basis; don’t let the trash receptacles overflow. Sanitize equipment such as coaxing sticks between cats; disinfect control poles and pooper scoopers

between uses.

Mix and use fresh sanitizing solution (1 part bleach, 32 parts water) each day, as bleach/water solution is only good for 24 hours.

If we all follow the same procedures, the risk of having a disease problem will be greatly minimized.


March 2018 11


FACILITY DUTIES

After Clean-up, On-going Duties

Spot clean animals after morning clean-up and twice during the afternoon.

Disinfect and set up dirty cages; see EMPTY CAGE DISINFECTING (AFTER ANIMAL LEAVES).

Sweep/mop floors.

Re-stock supplies based on schedule.

Check water for all animals.

Assist with intake of incoming animals.

Clean toys from exercise yard.

Other duties as assigned. Closing Duties

Animal feeding will be done by 12 p.m. each day. Nursing mothers or puppies will be fed twice a day.

All computer records and transactions must be entered by close of business each day.

Spot check dogs and cats one last time/ scoop cages and litter boxes.

Check water.

Clean euthanasia room, wash room.

Keep intake areas clean, organized, and neat.

Intake any animals that arrive; do not leave animals without food, water, or litter.

Conduct a final count of animals within the shelter and reconcile the computer entries.

Put away supplies in the appropriate place.

Turn off the lights in the facility.

Lock the door as you exit. If we all follow the same procedures, the risk of having a disease problem will be greatly minimized.


March 2018 12


CLEANING DOG RUNS 1. Items needed

Five gallon bucket lined with a trash bag

Pooper Scooper

Foamer with a disinfectant

Long handled scrub brush

Squeegee

Laundry bin

2. Daily Cleaning

Remove animal from cage, when possible.

Remove all blankets and towels and deposit in bin.

Scoop all solid fecal material and deposit appropriately.

Apply disinfectant on the floor of the area (run).

Scrub floor with brush removing organic material.

Rinse cage.

Remove drinking water from dish, sanitize the dish and replace with clean water.

Squeegee cage.

Place animal back in the cage.

Remove trash bag with fecal matter and place in the appropriate dumpster.

Soak scooper in disinfectant bucket.

Place dirty items from laundry into washer and wash as appropriate.

3. Empty cage disinfecting (after animal leaves)

Remove all items from the cage, including and not limited to, towels, toys, and bowls (dishes) and take

to washing area.

Rinse solid fecal material into drain.

Spray disinfectant on all surfaces of the area, including floor, sides, top, drain, and gate door.

Allow disinfectant to sit for at least ten (10) minutes before brushing the entire cage with a scrub brush.

Rinse and allow to dry or squeegee.

Soak scooper in disinfectant bucket.

Place a “clean cage” sign/card on the cage.


March 2018 13


CLEANING CAT AREA

1. ITEMS NEEDED Disposable gloves Litter box scooper Litter Trash bags Broom Sanitizing wipes Cat food & fresh water Food and water bowls

2. DAILY CLEANING

Use gloves while handling litter boxes. Scoop fecal material or replace the whole litter pan with fresh litter. Sweep cat litter that has fallen on floor. Put all fecal materials in trash. Wipe down walls with sanitizing wipes around litter boxes, around food and water bowls. Remove all cat food and water bowls. Use clean cat food bowls and water bowls and replace with fresh food and water. Remove all trash bags. Mop the floor as necessary. Mop and clean the cat room at least once a week

3. MONITOR

This is a free roaming cat room; it is important to make sure cats are healthy, so monitor sneezing,

runny eyes, etc.


March 2018 14


WASHING THE FOOD AND WATER DISHES/BOWLS

Disinfecting Dishes Daily:

Clean any food particles from the dishes by wiping them out into the trash. Place dishes in the detergent solution and scrub completely inside and place the bowl in a clear water

rinse.

Place dishes in the bleach solution and leave for a minimum of 10 minutes. Place dishes in the rinse water and thoroughly rinsed under running water until there is no bleach

residue.

Stack dishes upside down so they can drain. When dishes are dry, take them back to the proper area: clean dish area for dogs and cats. Do this by

the end of the day so there are clean dishes for the next day.


March 2018 15

Facility Operations 000-09 February 1, 2018 MEDICAL PROTOCOL FOR INCOMING ANIMALS Once an animal’s 72 hour hold has been lifted, at the approval of the Animal Services Manager or his/her designee, if medical treatment is needed, the animal will be transported to the local vet for further evaluation. Volunteers will not be allowed to make any medical diagnosis for any animal in the Shelter. If a volunteer believes that an animal may be seriously ill or injured, the volunteer should contact the Animal Services Manager or his/her designee immediately. If an animal comes with a serious injury and/or needs immediate medical attention to alleviate suffering, the Animal Services Manager or his/her designee may at their discretion take the animal to the City’s contracted veterinarian to provide immediate treatment (even within the 72-hr stray hold period). The owner of the animal will be held responsible to reimburse the City for all medical and other related expenses incurred prior to taking the animal from the City’s shelter or veterinarian. Reference: Ordinance 10-111.


March 2018 16


RECORDKEEPING

Intake

All incoming animals should be entered into the computer system and receive an animal ID number. This record includes: date, control/intake number, manner of intake, breakdown by species, medical information (if any), microchip information, and disposition. Adoption-Related Forms

Adoption Agreement

Three copies are needed:

o Adopter copy o Facility file copy o Scanned copy, attached to computer record

See Adoption Agreement form (Appendix B) Transfer Form

Transfer Form


o Rescue / Organization copy o Facility file copy o Scanned copy, attached to computer record

See Transfer form (Appendix C) Foster Form

Foster Form


o Foster copy o Facility file copy o Scanned copy, attached to computer record

See Foster form (Appendix D) Trap Agreement

Trap Agreement

Two copies are needed: o Facility file copy o Scanned copy, attached to computer record

See Trap Agreement (Appendix E)


March 2018 17


PREPARING A LIST OF ANIMALS FOR TRANSFER TO RESCUE ORGANIZATIONS

The Animal Services Manager or his/her designee or other designee can prepare a list of animals that have been held for 72 hours or longer for transfer, export, or offsite adoptions. The Animal Services Manager his/her designee should be the main contact for all rescue groups working with the Animal Services division. A rescue group should have a 501(c)(3) on file with the Shelter or be in the process of obtaining a 501(c)(3) and have a clean history with no viable complaints against it to be an approved rescue. If the rescue group is not yet a 501(c)(3), they must provide the name of their veterinary office to be checked before it can be an approved rescue.

Animals are selected for possible transfer during the daily walk through by the Animal Services Manager

or his/her designee.

Animals are selected based on their ability to be adopted by the receiving agency, time at the facility,

health, and how they are doing in this environment. We will also transfer animals that have borderline behavior concerns that are workable in a different environment.

The following must be done by the person preparing the list before an animal is transferred.

Check the lost reports for each of the animals on the list for possible matches.

Give the list to the staff person who will contact a rescue organization.

Animal Services Manager or his/her designee will contact the rescue group to collaborate on any transfers from the shelter.

Change the computer routing status for each animal to TRANSFERRED. Update kennel card to reflect the animal is being transferred. Enter that the animal is being transferred to (enter the group name and contact information and the date) or being exported to (enter what agency), and your name and date.

Ensure the Transfer Form is completed with all necessary information and signed by both parties before releasing the animal.

The Animal Services Manager or his/her designee will have the final say on any animal being transferred from our facility.

Provide any vaccination/medical information and paperwork prior to transferring any animal.


March 2018 18


ADOPTIONS

Any impounded dog or cat not wearing current registration or vaccination certificates may be given up for adoption after 72 hours, except those under quarantine. Any impounded dog or cat wearing current registration or vaccination certificates, whose owner has not reclaimed the animal, may be given up for adoption after being held six days. If the rightful owner of the animal appears within 30 days of adoption, he/she may redeem the animal by paying the adopter all documented expenses incurred, and reasonable board for the animal. Reference: Ordinance 10-117. Guidelines for adoption procedures and the handling of adoption applications ensure that potential adopters are given an equal opportunity to adopt. The Animal Services Manager or his/her designee is responsible for adhering to adoption procedures, for reviewing and approving or declining adoption applications, and for handling adoption contracts and fees. Any potential adopters must be accompanied by a staff member when walking through the Animal Shelter. Staff member should explain the rules of the shelter prior to entering the kennel area. Conditions for adoption An individual may adopt an animal (dogs and cats only) from Animal Services under the following

conditions: o The animal must be classified as adoptable by the Animal Services Manager or his/her designee; o The prospective adopter must have proper facilities to care for the animal; o The animal shall be heartworm tested by a registered veterinarian or a Vet-Tech and the test results

shall be shared with potential adopters. The prospective adopter shall obtain all necessary vaccinations and registrations; and

o The adopter shall pay the fees associated with adoption as per the Council-adopted fees.

Refusal to allow adoption. The Animal Services Manager or his/her designee may refuse to allow a person to adopt an animal whom he/she has reason to believe:

o Would not be able to obtain a registration certificate; o Would not have proper facilities to contain or care for the animal; or o Wants the animal for resale or a purpose other than pet ownership.

Adoption procedures. The following procedures are designed to help place an animal in a suitable home.

o Consultation. Once an animal is selected, the computer record is reviewed for information about that

animal and to inform the applicant of any current holds on the animal or medical issues. o Staff will work with the applicant and the animal they are interested in and engage in a dialog with the

applicant to determine if this is a suitable match.

o Spay/Neuter. Any animal that has not been sterilized must be sterilized before an adoption is finalized. A note should be made in the animal’s computer record and an e-mail to be sent to the Manager or His/her designee to request this animal be added to the spay and neuter list.

o Processing an adoption application. The adoption process is designed to give staff more information about the adopter's household, expectations, and experience with animals and generally assist in making a good match between animal and home. Adoption of animals from the facility is on a first-come, first- served basis. In some cases the Animal Services Manager or His/her designee may grant a potential adopter a three day home visit with an animal (after the 72-hr holding period).


March 2018 19

o Outside Adoption Events o Adoption form must be completed on location and returned to the Animal Shelter within 48 hours. o Payment must be received at the time of adoption. If a city staff member is not present, a volunteer

who has received cash handling training may accept the payment on behalf of the city. The City shall receive the adoption payment from the volunteer in the form a check within 48 hours of the event.

o Finalizing an adoption. The final adoption process includes witnessing the adoption contract, payment of adoption fees, appointment set for spay/neuter if not already performed and completion of any other in-house forms. o Review the contract completely; get client’s initials where required and signature at the end.

o Collect payment. Monday thru Friday from 8 a.m. – 5 p.m. payment in the form of checks, cash money

orders or credit card can be made at City Hall. Weekends or after hours, payment in the form a check

or money order will only be accepted. o Update payment information in the computer record.

o Adoption Agreement. Adopters are required to carefully read the adoption contract and affix their signatures to this document indicating agreement to its terms, conditions, and spay/neuter and health exam requirements. A staff member will sign and date the contract. o Be sure to explain where the medical information is and remind them to take their copy of the contract

to their veterinarian on the first visit. The pet adopter will receive his or her copy of the contract. The original copy of the contract will be scanned and attached to the animal’s computer record.

o Medical information. All medical information is kept current in the animal’s record. This information is to be

given to the adopter so their veterinarian knows what we have done for the animal.

o Documentation. The animal’s record is updated to record the date of adoption and the name, address, and telephone number of the adopter. Pet behavior evaluations can be given to the new owner. Any pending applicants listed on the tracking slip should be notified that the animal has been placed in a new home.

o Refunds. Adoption fees are nonrefundable. At the Animal Services Manager or his/her designee’s

request, the Public Works Manager or the Director of Public Works may grant an exception to this policy.


March 2018 20


FOSTER PROGRAM The Foster Care Program brings caring individuals and needy animals together, providing special care in a home setting until the animals are ready for adoption.

Animals eligible for foster care (after the 72 hour hold period)

Very young kittens and puppies that are approved by the Animal Services Manager or his/her designee.

Animals with a treatable illness, with reasonable intervention.

Animals with a treatable injury, with reasonable time and treatment.

Single raised kittens and puppies, when they can be added to an existing group of siblings with a mother

to learn cat/dog behavior. Animals usually not eligible for foster care

Animals with serious medical problems and a poor prognosis for recovery or rehabilitation.

Animals with serious behavior problems, such as serious aggression issues that put humans or other

animals at risk of harm.

Young animals not strong and healthy.

Volunteer fostering

When an animal is a candidate for foster, we typically use volunteers who have been approved as part of the Municipal Volunteer Program.

The approval for the animal to be fostered must first be obtained by the Animal Services Manager or his/her

designee. The status of the animal is noted in the computer as “ready for foster.” Volunteers that are approved to foster are organized by the Animal Services Manager or his/her designee.

Volunteers fostering animals need to understand that ongoing decisions about care will remain in the

hands of the facility and are dependent on financial resources and prognosis for recovery.

Volunteers also need to be aware that the Animal Services Manager or his/her designee makes all

medical/surgical decisions about foster animals. If there is an emergency situation, the Animal Services Manager or his/her designee needs to be contacted immediately. Volunteers should not take animals to a veterinarian for exam, diagnosis, or treatment without the express written authority of the Animal Services Manager or his/her designee. Volunteers will not be reimbursed if they take an animal to another veterinarian for exam, diagnostic testing, treatment, etc.

Any animal that leaves the facility in foster care must be recorded as such and the Foster Form must be

completed. The name and contact person who is the foster provider and a status change in the computer record to FOSTER and information about where the animal is and the date the animal went into foster and the date that the next examination/recheck is due must be entered into the shelter software.

When the animal is returned to the facility, the computer record is updated showing the animal has been

returned and is ACTIVE.


March 2018 21


VOLUNTEER LIST OF APPROVED DUTIES All volunteers must sign up at least one week in advance, unless approved by the Animal Services Manager

or his/her designee. Volunteer walk-ins are not allowed and volunteers will not be allowed during unassigned

times. Volunteers are suggested to provide 24-hr advance notification if they cannot make-it to the assigned

shift due to illness or other emergencies.

Dog Buddy

The Dog Buddies take the dogs, one at a time, out to the yard to play. They work with the dogs to teach

them to not jump up and interact appropriately with people. The goal for the Dog Buddies is to help the

dogs become more socialized and therefore, more appealing to potential adopters. Dog Buddies also hose

out kennels when they are dirty and fill water dishes.

Cat Buddy

The Cat Buddies let the cats out of their kennels to play, pet and hold them inside the cat room. Cat

Buddies also clean the cat cages, making sure the litter boxes are clean and that each cage has food and

water when the cats are returned to their cages. The goal for the Cat Buddies is to help the cats become

more socialized and people-oriented. Cat Buddies should always call the shelter first to confirm there are

cats in the shelter that day.

Transporting Animals to Rescue

Transporters work on an as-needed basis to take dogs or cats to the vets or to deliver the animals to foster

homes. The Transporters must have a way to secure the dogs or cats in transit. The shelter can provide

carriers, crates and leashes to help secure the animal. Such items must be returned to the shelter after

transport.

Bathing

Bathers work on an as-needed basis to give flea baths or grooming baths to the dogs and cats as they

come in or before they go to adoption events.

Grooming

Groomers work on an as-needed basis to trim dogs or to cut mats out of the fur of badly matted dogs.

Manning Adoption Events

Adoption event volunteers pick up dogs, puppies or cats at the shelter and transport them to the adoption

event. They then stay at the event to manage the dogs or cats, make sure they are behaving, give them

water, take them for walks and answer questions from the public. At the end of the adoption event, this

volunteer transports the dogs or cats back to the shelter. The animal shelter staff will provide crates for

displaying the dogs or cats at the event, treats and water bowls, but the volunteer must have a vehicle

large enough to load the crates and the dogs or cats and have a way of securing them in transit. Upon

returning to the Shelter, all paperwork associated with any adoptions must be given to staff along with any

payments received within 48 hours.

Volunteers are not allowed to adjust the City’s animal adoption fee for any reason.

Laundry Room Duties

Washing and drying towels, toys, etc. as needed. Other assigned duties, per the Animal Shelter Manager

or his/her designee, as needed.


March 2018 22


LOST ANIMALS

It is the goal of the Missouri City Animal Services facility to return all strays entering the facility to their owners and to provide assistance to those who have lost pets. The Missouri City Animal Services facility defines reasonable attempts to contact the owner as:

Checking lost reports;

Checking found reports; and

Checking/Scanning Microchips and collar tags. If the owner is known, reasonable attempts include phone calls, email messages, and knocking on the door of the last known address within the City limits. At least two attempts using the above means shall be made within 48-hrs to trace the owners. The same shall be documented in the logging system by the staff member. Holding Animals for Law Enforcement

The Missouri City Animal Services facility occasionally is asked to hold animals while their owners are being detained by law enforcement. It is critical that we get the following information from Public Safety or person delivering the animal:

Name and badge number of police person,

Name of owner,

Contact phone numbers of the owner,

Location of owner, any known relatives, etc. Holding Period for Lost Animals

Staff are to record the date each animal is available for adoption in the animal’s computer record. The stray hold is 72 hours, except that any animal wearing current registration or vaccination metal certificates shall be held six (6) days. Matching Animals

The description of the animal, date lost or found, location where animal was lost or found, and any forms of identification are important factors used for matching animals with their owners. Our goal is to assist the person who is looking for their lost pet. Taking a Lost Pet Report

Ask the person if they have previously filled out a lost pet report.

If they have, ask them when (we keep reports for 30 days from the date of the report). If they filled out a report within the last month, check to be sure the report is on file.

All reports must be reviewed by staff to ensure the information is clear, the description is clear and the contact information is complete.

Explain to the patron they should visit the facility every 3-4 days to check. We do check daily but there are many animals and sometimes descriptions do not match.

Explain the stray hold period. Encourage them to post flyers around their neighborhood and on social media and to ask the mailperson

or paper delivery person to look for the lost pet too. The staff who took the report will at this time check the found animal records to see if there are any

matches.


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Checking Lost Reports Daily The Animal Services Manager or his/her designee will assign lost report checking to staff so the duties can be spread out over more people. The following daily checks need to be made:

Lost reports against found reports

Lost reports against facility on-hand animals These checks are done by walking through the facility with the lost reports in front of you and looking at each animal to see if there is a possible match. The lost and found reports/binder are placed at the front desk to be accessible to all Animal Services staff members.


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FOUND ANIMALS

Animals with Traceable Identification

The staff person who intakes the animal will enter all the information in the animal’s record and note in the

record that he or she has started tracing the identification, within 24 hours of receiving the animal.

That same person will start tracing the identification information to locate the owner (call the vet hospital to

trace the tag, call the owner listed on the ID tag, call the microchip company, and find out the owner’s information if it is available).

The person shall take notes in the animal’s record that the attempts have been made and the result. (E.g.,

contacted owner – current contact information, what the timeframe of the animal being picked up.)

If able to contact the owner, explain the fees, redemption requirements, including, but not limited to,

vaccination and registration requirements, what our hours are, and that the animal must leave the facility in a carrier or on a collar and leash.

Stray Animals

The person handling the intake of a stray animal brought to the facility by staff will promptly check lost reports on file. The animal computer record should reflect the date and time the animal was found, the employee, and the date lost reports were first checked. Sick or Injured Stray Animals

The Animal Services Manager or his/her designee will determine the correct treatment for the animal.

Animals that are experiencing extreme pain or suffering, may be euthanized after the staff has exhausted reasonable efforts to contact the owner.

If the animal is wearing identification, the manager or his/her designee will determine appropriate treatment to make the animal comfortable while reasonable attempts are made to contact the owner.

Stray animals MUST BE HELD FOR AT LEAST 72 HOURS and animals wearing current registration or vaccination metal certificates MUST BE HELD FOR AT LEAST SIX (6) DAYS, as we attempt to track the owner. All attempts must be documented on the animal’s computer record. If the animal cannot be kept calm or free of pain during this period or the animal is dying, a decision must be made whether to humanely euthanize the animal by the Animal Services Manager or his/her designee. Matching

The description of stray animals that have been brought to the facility by Animal Services staff should be immediately cross-checked with lost animal reports by the Animal Services officer. If a match is made, owners should be contacted within 48 hours and notified of the process involved for the release of the animal. Should the owner be unreachable by telephone, personnel will post a notice at the door of the residence described in the report.

A note is put on the animal’s record of a possible match and returned to owner. The possible owner is provided the information or steps he/she must take to finalize the return to owner.


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Calls from Citizens Reporting Found Animals

When individuals call or visit the facility to report a found animal, staff will complete the appropriate form and obtain as much detailed information as possible. Lost animal reports should be promptly checked.

If a match is made, the person should be referred to the owner of the animal.

The Animal Services Manager or his/her designee is encouraged to work with City’s Communications staff to share lost pet info through the citizen communications tools.

If no match is made, staff should encourage the person to have the animal picked up from his or her home by an Animal Services officer if he or she is unable to keep it, report the found animal to other local facilities, to post signs in the area the animal was found, and to advertise on local social media.

Processing Reports

Lost/found reports are kept in a current file until a match is made or 30 days after the report was filed. Staff and volunteers should call owners of lost animals and citizens reporting found animals on a frequent basis to see if they found their pet or found the owner as way to clear out reports and/or update the lost/found reports. Return to Owners: Proof of Ownership

Our goal is to GET THE ANIMAL HOME. Therefore the following guidelines have been put into place. Proof of ownership can be determined in many ways:

ID tag, rabies tags or license tags

Veterinary records

Pictures

Bill of sale

Registration papers If the above are lacking, take into consideration:

Where the animal was lost compared to where found

Zip code

Description

Coordinating dates

How the animal reacts to the person

Neighbors’ identification Reportees should be encouraged to

Call the vet or the groomer

Call a neighbor or friend

Notify the Animal Services Manager or his/her designee about all ownership disputes or issues Persons claiming a stray animal as their own must provide proof of ownership (see above). Pictures will be accepted only if they can show time, i.e. several pictures taken over time. Furthermore, pet owners may have to pay certain fees to reclaim the animal. If there are vet fees the owner will be responsible for those fees. The manager should have fees noted in the computer record in case an owner comes forth.


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Impound Impoundment Fees (per animal) are $25.00, which includes the boarding fee for the first day. Boarding Fees

For each additional night a stray animal is housed at the facility, a boarding fee of $7.50 per animal will be charged to the owner after the first 24 hours. In cases where a stray animal is being returned to an owner and the animal entered the facility without identification, staff should explain to the individual the City ordinances and the potential of receiving a citation for non-compliance. This individual will be required to purchase a registration tag prior to leaving with their animal. In addition, owners should be cautioned about leaving animals outside unattended and explain the impound fees as it pertains to repeat offenders.


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Facility Operations 000-17 February 1, 2018 DISPOSITION OF ANIMALS General

Domestic animals housed at the Missouri City Animal Services facility leave in one of following ways: they are adopted, returned to owner, humanely euthanized, or transferred. Wild animals are released, sent to a certified rehabilitator, or humanely euthanized. Pursuant to §10-113 of the Missouri City Code, wild animals that are considered endangered species will be immediately reported to and turned over to the state department of parks and wildlife, or its successor agency.

Adoption

Information about animals adopted from the Missouri City Animal Services must be recorded on the computer record. This includes the date of adoption and the name, address and telephone number of the adopter.

Euthanasia

When deemed necessary for medical, behavioral, or space reasons, domestic and wild animals may be humanely euthanized. Unweaned, critically ill, or seriously injured domestic animals may be humanely euthanized prior to conclusion of the stray holding period to prevent any additional suffering.

The date of and reason for euthanasia, the dosage and type of drugs used, and the technician's initials are recorded in the computer record and in the euthanasia log. Euthanasia procedure can only be performed by a licensed shelter veterinarian, vet-tech, or ASOs who have current euthanasia certification.

Rehabilitation

Domestic animals, such as chickens, and wild animals may be placed in rehabilitative care. The name of the wildlife rehabber and the date of release should be noted on the computer record.

Release

Depending on the condition of the animal and circumstances regarding rabies control in the City of Missouri City, wild animals may be set free in a safe release area. Personnel should indicate disposition in the computer record.

Transfer

Animals are released to facility and rescue partners, if the receiving agency is approved by the Missouri City Animal Services Manager or his/her designee.


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EUTHANASIA DECISIONS

Immediately notify the Animal Services Manager or his/her designee of any animal that shows any signs of illness.

Decisions about euthanasia are made by the Animal Services Manager or his/her designee. The following criteria should be considered:

Any notes based on the behavior evaluation or the animal’s situation

How the animal is handling the facility environment

Prognosis of the animal, if seen by a veterinarian

Behavior of the animal The Animal Services Manager or his/her designee may consult with the volunteers on the animal’s potential adoptability prior to making the euthanasia decision. Humane euthanasia of animals – a practice acknowledged by most animal protection organizations as an acceptable means for alleviating or preventing suffering – is still necessary due to the surplus of animals received at our facility and those in the surrounding communities. We sincerely wish that every animal that comes to us could be adopted to a caring, responsible home. Unfortunately, there aren’t enough quality homes for placement. We evaluate the health and temperament of each animal on an individual basis. We use our experience and protocol to evaluate an animal’s needs and balance those needs with the greater good of the animal population in our care. Each animal that comes to us is evaluated in entirety; taking into account both behavior and medical conditions. Euthanasia must be considered:

When an animal is felt to be suffering mentally, emotionally, or physically with a poor prognosis, protracted painful recovery, or incurable illness; or

When an animal is deemed to pose an unacceptable danger to other animals, itself, or the public. We also recognize the adoptability of animals in Animal Services facilities may be impacted by:

Temperament

Previous history, age, breed, health

Ability to cope with kennel stress

Space, time of year

Foster care resources, human resources, budget

Personal attachments by staff and volunteers

Requirements ordered by the courts Our evaluation process assesses an animal’s behavior, temperament, and health. The evaluation process is a tool to help the Animal Services Manager or his/her designee assess an animal’s behavior and health. This information is used to determine if an animal is healthy, treatable, or unhealthy/untreatable:

Animals that rate high in the evaluation are healthy and adoptable.

Treatable animals may be borderline but could respond with treatment.

Unhealthy animals are clearly sick or are unsafe for the community. Animals may display behavior patterns or have physical conditions that would make them difficult to care for at the facility or in a home environment. Some animals may be dangerous to people or other animals and it would be not be in the best interest of Missouri City Animal Services or the community to place such animals.


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Information from the behavior and health evaluations is included in the decision making process. Management reviews euthanasia decisions daily. Staff members must bring questions about euthanasia decisions directly to the Animal Services Manager or his/her designee. All animals slated for euthanasia will again be scanned for a microchip and checked for a tattoo. If the animal is a stray, a final search will be conducted in lost animal reports.

The Decision Makers

Daily Walk-Through Process

The Animal Services Manager or his/her designee will walk through the facility daily to evaluate animals, taking into account the animal’s health, behavior assessment, and adoptability. During this walk through of the facility each afternoon animals are evaluated.

If an animal is sick or it is showing signs of an oncoming illness, the animal is moved to the isolation area for that species, notations are made on an animal’s kennel card and in the computer record as to the type of illness and its severity.

If the animal is treatable with medication, therapy will be offered and documented. If an animal’s illness is contagious (i.e. it may infect the entire facility or human health) or if the animal is

suffering, the Animal Services Manager or his/her designee may authorize euthanasia and note accordingly.

Alternatives

Alternative options will be reasonably explored for animals initially accepted for adoption but that fail to continue to meet the criteria for adoptability. Some examples of options to pursue include: cooperating with other placement facilities and assisting with appropriate foster care. The facility works with many reputable rescue organizations and animal welfare advocates who may also be able to assist.

Criteria for Evaluating Animal for Euthanasia

It is critical for staff and volunteers who do not make euthanasia decisions to understand the pain, emotion, and guilt associated with this role. The decision-makers face a difficult task, and their selections must be respected, even if they are different from your own.

We strive to be compassionate, fair, and professional as we accept the responsibility for managing the hundreds of homeless animals that enter our facility each year. Making euthanasia decisions is difficult and emotional for those who must make those decisions. Stray Animals

Strays are kept for three business days (72-hours) before we can make the decision to place the animal up for adoption, or consider euthanasia. However, if the animal is feral or suffering due to severe injury or illness the animal may be humanely euthanized before hold period ends and within 24 hours of intake. If the animal is neither ill nor claimed, it can be considered for adoption, transferred to a rescue organization, remain at the

facility, or humanely euthanized after the 72 hour hold period or on the sixth day if the animal is wearing current

registration or has vaccination certificates. Records must be clearly noted with the medical reasons for euthanasia. (See next page for the full policy.)


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Illness or Injury

Animals can be considered for euthanasia if:

Their injuries or illnesses are untreatable based on Animal Services Manager or his/her designee or veterinarian assessment

Treatment is cost prohibitive for the average person (i.e. severely broken bones, broken backs, and extensive burns)

Keeping the animal alive would result in pain or a poor quality-of-life

Other circumstances may also affect euthanasia decisions:

If a veterinarian has noted that an animal has a serious illness, that animal is to be selected for euthanasia over a healthy animal.

If an animal is suffering, euthanasia is to be performed on the same day.

If the animal has an injury or condition that is painful but not life-threatening, it is to be medicated to relieve the pain. However, if evaluating for space reasons, injury or illness may be considered a reason for euthanasia. Use of veterinary services is authorized.

Guardian-ordered euthanasia will be performed immediately. Pursuant to §10-116 of the Missouri City Code, a written waiver is required for owner-authorized euthanasia.

Stray Animals Euthanized before Stray Period

Unweaned, critically ill, or seriously injured domestic animals may be humanely euthanized prior to conclusion of the stray holding period to prevent any additional suffering. Communicate this information to the Animal Services Manager or his/her designee in case any owner comes in looking for that animal. In addition:

Update the euthanized animal’s computer record.

Notate in the computer record the reason the euthanasia was performed.

It is the responsibility of the person actually performing the euthanasia to change the animal’s status in the

computer record. Since only the Animal Services Manager or his/her designee can authorize the euthanasia of a stray animal still in the stray period, the staff member directed by that person is responsible for following through the process.

If the animal is taken to an emergency clinic and euthanized at the clinic, it is the responsibility of the Animal Services officer to change the status of the animal in the computer record.

Aggressive Animals

Any stray animal regardless of its size, sex, or breed who is known to be aggressive or exhibits signs of aggression towards people or other animals may be euthanized in accordance with § 10-113 of the Missouri City Code. Determination of aggression can be made from past history, day-to-day interaction with the staff and volunteers. Dangerous, vicious, or fierce animals that have an owner shall be addressed in accordance with Article VI of Chapter 10 of the Missouri City Code.


March 2018 31

Aggression includes:

defensive and threatening behaviors

actual attacks

lunging at humans

baring teeth

exhibiting other characteristics that may make it a poor family companion for the average adopter Wildlife

Generally, most wildlife comes to us injured, and rehabilitation is not possible or extremely difficult or stressful for the animal. If the Animal Services Manager or his/her designee feels the animal (other than raccoons, due to high risk of rabies) can be rehabilitated, a licensed wildlife rehabilitation facility or rehabilitator is located. Wild animals that are considered endangered species will be immediately reported to and turned over to the State Department of Parks and Wildlife for disposition. Holding Times Individual animals may be marked “Do Not Release” which means that animal cannot be euthanized without permission from the Animal Services Manager or his/her designee or the person who asked for the animal to be held. Holding animals makes euthanasia decisions extremely difficult. It is important to understand that if one dog is held, another is euthanized in its place. If “do not release” is placed on the animal’s record, it must also contain the full name and justification of the staff person who placed the hold.


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EUTHANASIA TECHNICAL PROCEDURES (FOR CITY STAFF ONLY)

Verify animal is available for euthanasia by checking that the animal has been at the facility for three business days (72 hours). Check with the Animal Services Manager or his/her designee for approval.

Take the animal and kennel card into the medical room.

Inject the sodium pentobarbital at a rate of 1 mL per 10 pounds of animal. Use approved Texas Sate method (s) to euthanize.

Record the amount of sodium pentobarbital used in your log along with the date, type of animal, species, weight, and initial of the Animal Services Officer.

Verify the animal’s death by checking for a pulse.

Once the animal is dead, put the animal in a bag and place the bag in the freezer.


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SAFETY RULES

PERSONAL SAFETY

Following these common sense rules will help prevent many accidents.

Report all injuries, no matter how slight, to the Animal Services Manager or his/her designee.

All personnel and volunteers working with animals are required to purchase and wear skid- or slip-

resistant shoes. Staff and volunteers who are not wearing appropriate shelter attire will be asked to leave the facility.

Do not attempt to lift/push objects or animals that are too heavy--ask for help. Bend at the knees and hips

and lift with your legs. When restraining animals over 60 lbs. seek assistance, if necessary.

Identify and remember the location of fire extinguishers, fire alarm pull boxes, and emergency exits. NEVER block these areas with materials or equipment. Keep floors and aisles free of debris at all times.

Horseplay is prohibited.

Any person known or observed to be under the apparent influence of drugs or alcohol will not be allowed

to work, and will be subject to discipline, up to and including termination for employees and a discontinuation of volunteer services for volunteers.

Any person willfully violating safety procedures and/or endangering the safety of other employees,

volunteers, or shelter animals will be subject to discipline, up to and including termination for employees and a discontinuation of volunteer services for volunteers.

HOUSEKEEPING AND CLEANING

All employees are responsible for maintaining the general orderliness and cleanliness of their work areas.

Keep floors and aisles free of debris at all times. Housekeeping is an important part of maintaining a safe work environment. It reduces the spread of disease harbored by clutter and waste and eliminates tripping and falling hazards.

Do not eat, drink, smoke, apply cosmetics, or store food in areas where animals are handled. These

practices encourage the spread of disease.

ALWAYS wash your hands or use hand sanitizer in between handling animals to minimize the transmission of disease, and after handling chemicals to avoid potential allergic reactions.

Hand sanitizers shall be permanently placed by the entry lobby, animal housing area, and in the backyard near the animal playing area. They shall be promptly refilled when empty.

A readily visible first aid kit shall be marked and placed inside the lobby of the Animal Services building.

HAZARDS AND HAZARDOUS SUBSTANCES

Report all hazards to the Animal Services Manager or his/her designee immediately.

Only properly trained employees are to undertake any repair work involving electrical equipment.

The Material Safety Data Sheets (MSDS) sheets can be found at the front desk.


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ANIMAL HANDLING SAFETY

This information is a general overview of safe animal handling practices. It is not intended to replace actual safe animal handling training. When handling animals, be sure to:

take your time,

don’t over stimulate the animal, and

Remember that the animal may perceive a threat, even though you do not intend to threaten. If you do not feel comfortable handling an animal, DON’T! CATS

When removing a cat from a kennel, be sure to get the cat’s attention before opening the gate. Allow the cat to sniff your fingers before you pick it up. The cat should come to you, not the other way

around. Talk to the cat calmly and softly to avoid over-stimulating the cat.

When handling a cat, control the head and neck at all times. Hold the cat firmly—left hand controlling the head and neck, right elbow supporting/gripping the hindquarters, right hand controlling the front paws. Take a moment to readjust your grip if you need to. Keep the cat’s face away from other cats. (You can reverse this procedure if you are left-handed.)

Always use a carrier to transport the cat more than a few yards.

Watch for signs of stress/fear--enlarged pupils, thrashing tail, growling, hissing, and attempting to hide or escape. If these signs appear, carefully remove the cat from the source of stress--out of the visiting room or into a less stressful kennel.

If a cat is fearful, do not make direct eye contact. Approach the cat at his or her level. Do not reach over the cat’s head. Move slowly because rushing the cat can add more stress, leading to unpredictable behavior and increasing the likelihood of injury.

DOGS

When removing a dog from a kennel, distract the dog, and enter the kennel with your leash ready.

When moving the dog, keep the dog away from other kennels, and break his or her line of vision. Use proper leash techniques, looping the handle of the leash over your thumb and across your palm (like a joystick). Keep the leash short, bend your arms and knees and use both hands for better control.

Watch for signs of stress/fear:

o ears back, o hackles raised, tail down, o dilated pupils, o lifted lip, o submissive posture, o growling, snarling, barking, or lunging.

If these signs appear, remove the dog from the source of the stress--out of the visiting room, away from other animals, or into a less stressful kennel.

If a dog is fearful, do not make direct eye contact. Approach the dog at his or her level. Do not reach over the dog’s head. Move slowly because rushing the dog can add more stress, leading to unpredictable behavior and increasing the likelihood of injury. WITH ANY ANIMAL

Inform the Manager or his/her designee immediately if an animal is displaying signs of aggression and/or may be a threat to other animals or people.

Wear protective gloves, if needed, and shoes with closed toes (no sandals) to reduce the degree of injury from bites and scratches.


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RESTRAINT OF ANIMALS

It is the goal of Missouri City Animal Services to treat all animals as humanely as possible. We expect everyone to use the least amount of restraint necessary to both secure the animal and protect the staff and volunteers. The following policies for restraint, from least to most restraint, are the only ones that are appropriate to use:

Pick up and carry or place the animal in an appropriate sized carrier. No dragging, ever.

If necessary, use a leash muzzle wrap when picking up an animal. Frightened dogs or cats that try to bite or are fearful can be safely and humanely moved by wrapping the

animal in a heavy blanket or towel and carrying the animal to the run or cage. Use control poles when necessary and only by staff who are properly trained on their use. Transport all cats in transfer cages covered by a towel to minimize stress.


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APPROACHING FEARFUL KENNELED ANIMALS

When approaching a fearful animal, you should make every effort to be as non-threatening as possible. Remember that a caged animal may not show you signs of fear until it feels cornered (i.e. when you close off the only visible exit and/or path).

Consider your purpose: Are you evaluating the animal, attempting socialization, or trying to catch the animal to move and/or treat it? Approach as close as is absolutely necessary.

Move slowly and deliberately. Quick, sudden, or tentative movements may produce more fearful

reactions. Be sure that the animal sees you.

Do not make direct eye contact. While you obviously need to watch where you are going and what you are doing, direct eye contact is very intimidating and threatening to the animal. Look to the side, above the head, or toward the floor.

Approach at the animal’s level. Even if you are not a very large person, you are taller than the animal and may seem to loom over it. Crouch down (bending at the knees) or kneel or sit on the floor; you should be stable in whatever position you choose. (When working with higher cages, try to bring your hand in from the bottom, rather than the top, of the cage.

Do not reach over the animal’s head. Reach out and touch under the chest or chin, or behind and under the ears, rather than over the head. Allow the animal to sniff your fingers first if he wants to investigate you. (Cats will generally “tell” you where they prefer your finger to touch them; the jawbone is often selected!)

Rushing an animal increases stress for the animal and the situation. Increased stress means more unpredictable circumstances, which lead to dangerous situations.


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SECURITY OF CONTROLLED SUBSTANCES / PRESCRIPTION MEDICATION

Controlled substances

All controlled substances, prescription medication, needles and syringes are to be kept securely locked and should never be accessible to the public or any unauthorized persons, including volunteers.

Only City staff members who have been adequately trained to use such supplies will have access to them. Drugs are kept under lock and key in the medical treatment room, and only trained employees should have

access to the key. Volunteers should never have access to the key.

Controlled substances should NEVER be removed from the facility for any reason.

The shelter Manager or his/her designee is tasked with ensuring the above are strictly enforced. Recordkeeping

Each time any amount of a controlled substance or prescription medication is used it must be completely

and accurately documented in a bound book with numbered pages kept in the medical treatment room.

The animal's computer record should be updated to record the date of and reason for euthanasia, weight of animal, the type and amount of controlled substance used, and the technician's name.

Immediately report any discrepancy in the drug balance to the Animal Services Manager or his/her designee, Public Works Manager or the Director of Public Works.

The Animal Services Manager or his/her designee will conduct weekly checks of this log book to ensure proper accounting of the substance is being followed.

Inventory

All controlled substances must be carefully inventoried on a minimum weekly basis. The general supply of drugs are locked in the main supply drug safe, and only authorized employees have

entry to the safe. Each time a shipment of a controlled substance is received, it should be immediately placed in the safe

and the appropriate paperwork completed, to include matching the invoice with the order slip.

Each bottle should be numbered in sequential order to allow for extra accounting oversight. A bound book is kept in the main safe listing the type and amount of each controlled drug within. Under no circumstances should a page be removed from the book. If a mistake is made, a thin line should

be drawn through the error with the necessary correction being made and initialed. All entries should be made in ink, and no entry should be erased or completely obliterated. Any discrepancy

should be immediately reported. A complete inventory should be conducted twice annually and kept in the file, to be provided to any

inspecting agent or internal auditor.

The Animal Services Manager or his/her designee is tasked with ensuring the above are strictly adhered-to.


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HAZARD COMMUNICATION PROGRAM

Material Safety Data Sheets (MSDS)

The Missouri City Animal Services Division does not expect its employees to use a chemical that does not have a MSDS to explain the hazards and safety precautions that should be used with the chemical. The Animal Services Manager or his/her designee will be responsible for obtaining MSDS for each new chemical used at the facility. If a MSDS is not delivered with the first shipment of a new chemical, the Animal Services Manager or his/her designee will call the company providing the service and request an MSDS to be faxed or emailed over immediately.

The Animal Services Manager or his/her designee will also maintain hard copies of each MSDS in the MSDS folder at the front desk or other place accessible to all employees at all times. Container Labeling

The Animal Services Manager or his/her designee is responsible for checking arriving containers to verify that they are appropriately labeled. If a container is not labeled, the Animal Services Manager or his/her designee will obtain a label for the chemical immediately. Any container with a worn or missing label needs to be brought to the Animal Services Manager or his/her designee who will then label the container before it goes back into use. The Animal Services Manager or his/her designee is also responsible for ensuring that “in-facility” containers are labeled. Non-Routine Tasks

Before any employee engages in a non-routine task the employee shall consult the SOP for that particular task. Information Exchange with Other Employees

The Missouri City Animal Services Division will verbally give the information on where our MSDS are located to each employee.


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MEDIA CONTACTS

The public and media perceive many Animal Services activities from an emotional basis. Given the highly emotional and controversial nature of such issues as euthanasia, animal services, and animal rights, and given the layperson’s lack of knowledge and training in these areas, many programs and policies easily provoke debate and criticism. If you are contacted by a reporter or representative of any TV, radio, newspaper, or magazine, or by other media reps, you need to direct him or her to the Director of Communications or his/her designee. Animal services staff, visitors and volunteers are not authorized to directly establish contact with “media” on behalf of the City’s Animal Shelter or individual animals.


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Field Operations 000-01 February 1, 2018

VEHICLE OPERATIONS

Guidelines

The Animal Services vehicle will be used by Animal Services only. Only authorized personnel are permitted to be passengers in the vehicle. This includes:

Animal Services officers and supervisory personnel. City of Missouri City personnel as directed by the Director of Public Works

When operating the vehicle, Animal Services personnel are expected to follow all Federal, State, and Local laws associated with operation of a vehicle.

Animal Services officers will be responsible for routine maintenance and cleaning, and it will be performed as per the City’s Fleet Operations Manual.

There shall be no smoking in the truck. Employees are required to comply with all applicable Federal, State and City laws regarding the use of a

mobile communications device while driving. If a mobile device must be used by any employee while driving a City vehicle, a hands-free device must be used.

All employees are required to use seat belts when occupying any city vehicle. The Animal Services vehicle shall be equipped with the necessary supplies to perform the duties of an Animal Services Officer. The Animal Services Manager or his/her designee or the Animal Services officer who is on call will take the truck home; it is not uncommon for the Animal Services officer to be called out multiple times on the weekends or after hours. Vehicle Safety

The Animal Services Officer is responsible for completing safety checks on the Animal Services vehicle. Every morning, prior to leaving the parking lot, the following items should be in working order:

Lights

Brakes

Radio

Animal cages

Animal capture equipment Immediately report any nonworking, worn, broken items and lost or stolen items. Report a finding of damage or needed repair to the Animal Services Manager or his/her designee and Fleet Superintendent. Report any accidents involving Animal Services vehicles immediately. Do not leave the scene of the accident until police have made contact and reviewed the situation and/or scene. Leave vehicles in position of collision unless there is an urgent reason such as safety, to move them.

The Animal Services Manager or his/her designee should be notified as soon as possible.

A report must be made

If you are injured, go to the nearest emergency care facility.

For additional guidelines please refer to City’s adopted fleet policy.


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Vehicle Equipment

Vehicles should be equipped with, but not limited to, the following equipment:

Come-alongs, catch poles

Blanket(s) and towel(s)

First aid kit

Plastic garbage bags

Shovel

Surgical gloves

Leather gloves

Leashes Capture equipment will be cleaned with a non-caustic diluted rinse, not only to prevent the spread of diseases, but to maintain longevity.


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UNIFORM

Dress You are the first person the citizens come in contact with regarding Animal Services.

Animal Services officer will be in full work uniform when conducting official business.

Court hearings and formal appearances – Animal Services officer will be in uniform.

Sanitation

To prevent the spread of many contagious diseases:

• All volunteers and staff will wear skid or slip resistant footwear that can be disinfected with a solution of

either diluted bleach or parvocide. • The uniform shall consist of dark navy pants. • The staff shirts will have a City logo embroidered on the left side of the chest, and “Animal Services” on the

right side of the chest. Volunteers will wear the shirt provided by the City.

• The uniform shall be kept in a neat, presentable condition at all times. It is the responsibility of the Animal Services Officer to inform the Animal Services Manager or his/her designee if an item of their uniform needs replacement.

Personal Equipment Animal Services Officers are responsible for the inventory, routine maintenance, and repair and cleaning of all authorized equipment that is issued to them. Animal Services Officers reporting for shift duty should be equipped with, but not limited to, the following equipment:

Working radio

Leash


March 2018 43


ANIMAL BITES

Every animal that bites a human or attacks another animal in an unnatural manner shall be immediately confined by the owner, who shall promptly notify Animal Services. The owner shall surrender possession of such animal to Animal Services on demand for supervised quarantine. Supervised quarantine shall be at the Animal Shelter, or a veterinary hospital, or by any other method of adequate confinement approved by the Animal Services Manager or his/her designee. If the animal is placed in quarantine at the City’s Animal Shelter the following procedures should be followed: The animal is brought to Animal Services and put in a quarantine cage alone for a period of 10 days. This

period represents 10 days from the day of the bite, including weekends and holidays. The animal will not be allowed to come into contact with any other animals or people except Animal

Services personnel that care for it. Cages will be cleaned, and all animals will be fed and given fresh water each day.

If an animal becomes sick during this 10 day period, the owner will be notified. The owner will be allowed to have an animal transported to their veterinarian. Animal Services may choose a veterinarian to whom it will take the animal at the owner’s expense. Animal Services will be responsible for transporting the animal. At the end of the 10-day period, the owner will be required to pay all fees pertaining to the quarantine

period. The owner will be charged boarding fees for each day the animal stays. If Animal Services determines the animal could be considered a dangerous dog, Ordinance 10-211 will be followed.


March 2018 44


DEAD ANIMALS

Any animals found dead on public property will be picked up by Animal Services and properly disposed of. Proper disposal of any animal or livestock found dead on private property will be the responsibility of the owner of the animal or owner of the property. It is the policy of Animal Services to not go under houses or attics, or to rearrange, destroy, or remove private or personal property, in order to move a dead animal from someone’s property. In these instances, if a citizen can get the animal out, Animal Services will come and pick the animal up. Animals found in trash bins, garbage cans, and dumpsters will be the responsibility of the owner of these containers.


March 2018 45


INJURED ANIMALS

Injured animal calls should be handled as a priority call. When responding to injury calls, vehicles will be operated in accordance with all prevailing traffic regulations. When responding to injured animals on roadways, the Animal Services Officer’s concern is personal safety, other motorists/pedestrians, and then that of the animal. Vehicle warning lights and flashers should be used as necessary. If the owner is present, it is their responsibility to provide for veterinary treatment. Arrangements with the vet must be done by the owner. If the owner is not present or unavailable, the Animal Services officer must decide if the animal requires immediate medical attention, euthanasia, or if the animal can be taken to the Animal Services facility and made comfortable there. Animals showing severe pain, uncontrolled bleeding, respiratory distress, shock, severe fractures, or wounds should be evaluated for final determination. Minor fractures and wounds can often wait for medical attention after the 72-hour hold period

If the owner of the animal is known, an immediate effort should be made to contact them. If alone, or the animal is uncooperative or vicious, approach it with caution and try to muzzle it unless the animal is unconscious, having trouble breathing, has an injured mouth, or requires medication. If the animal can stand, attempt to secure the animal against a fixed object so the animal cannot effectively move its head. If you have assistance, and the animal is cooperating, always approach with caution. Restrain before administering first aid.


March 2018 46


LEASH LAW VIOLATIONS

Running at large means not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is on a secured leash or chain not more than 20 feet in length, or held in the hands of the owner or keeper, or under the direct supervision of the owner or keeper within the limits of the owner’s private property. Leash law violations are observed through response to complaints and through general patrol. An animal is at large, in violation of the leash law if:

When possible, loose dogs should be returned to their owners, and the owner should be warned or cited for the violation. When it is not possible to return the dog home, the dog should be impounded and proper reporting be completed. When responding to leash law complaints, the Animal Services Officer should patrol the area and deal with any stray dogs observed.


March 2018 47


HUMANE TRAPPING

Wildlife

Missouri City Animal Services loans traps for trapping nuisance wildlife. Once the nuisance wildlife is captured, an Animal Services Officer will pick up the wildlife and the trap.

The Animal Services Officer will give instructions on setting the trap, monitoring the trap and contacting Missouri City Animal Services when the wildlife is caught in the trap.

It is the responsibility of the complainant to monitor the trap closely and to protect the trapped animal from the elements, etc.

Trap requests will be entered into the Animal Services computer program.

Traps will be left with the complainant, and if nothing is trapped after three days, an Animal Services officer will pick up the trap.

If the complainant is still needing a trap and one is not available, they will be added to the wait list for the next available trap.

Domestic Animals

A citizen does have a right to detain cats for Animal Services impound for the following reasons:

The animal is sick or injured

A cat is causing property damage from urine, feces, soiling, clawing, etc.


March 2018 48


EMERGENCIES AND AFTER HOURS CALL OUT

Emergencies sometimes occur after normal working hours. Citizens should call 911 for all emergencies. Residents can call the non-emergency Police line at 281.403.8700 in regards to animal issues after 5 p.m. and before 8 a.m. For any of the following emergencies, an Animal Services officer can be dispatched:

Animals threatening to bite

Bite cases

Sick or injured animals

Dead animals interfering with traffic


March 2018 49


ANIMAL ABUSE AND ABANDONMENT Abuse of animals; animal fighting No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any bullfight or other combat between animals or between animals and humans. Reference Ordinance No. 10-63. Abandonment of animal Reference Ordinance No. 10-64.


March 2018 50


LARGE LIVESTOCK

Large livestock means any member of the domesticated equine family, including horses, ponies, mules, donkeys, and burros; and all members of the domesticated bovine family, including, but not limited to, bulls, cows, and steers. Any such animal found grazing, tied-out in the City’s right of way, or running loose may be seized. Upon report or complaint of such violation to Animal Services, the following procedures will be followed to correct the problem:

Upon receiving a complaint of livestock running loose, efforts may be made to notify the owner or

caretaker to secure the animal. In case of continuing problems or at the discretion of the officer involved, the animal may be impounded on public property. A warrant is needed to seize an animal found on private property is some instances.

Impoundment of any livestock must be reported to Fort Bend County. In cases where livestock is found to be loose within the City limits and enters the property through an

unsecured fence, gate, barrier, etc., the livestock may be impounded by Fort Bend County.


March 2018 51


ENFORCEMENT

Guidelines To enable Animal Services to effectively work as a team, the staff and volunteers must obey the same rules, and the public must be given consistent information.

At all times while working, Animal Services Officers are providing a public service and are to carry out their

duties in a courteous and professional manner. They must show concern for the complainants, suspects, and animals that are involved, while maintaining an objective view of the situation being handled.

Animal Services officers must use good judgment and professional, objective discretion in evaluating the violations they observe, and those which they investigate that are reported to them. Each individual situation is different; however, basic methods should be consistent, unless extenuating circumstances warrant otherwise.

March 2018 52



BARKING/ANIMAL NOISE COMPLAINTS

When a barking or animal noise complaint is received, the owner of the dog should be contacted in person

or by leaving a warning notice.

Discuss the problem with the pet owner and offer solutions. Give a verbal warning. Give a written warning explaining that it is a notice that we contacted the pet owner about the complaint

and is not a statement of guilt on the part of the owner.

Explain to the owner that if the problem continues, a citation maybe issued. If the Animal Services Officer observes the noise in question, a citation may be issued. If the noise is not observed by the Officer, a citation may be given, and the complainant would be included as a witness.

The witness must be willing to appear in court.

March 2018 53


APPENDIX A – CITY ORDINANCE

(1)

(2)

(3)

Chapter 10 - ANIMALS

ARTICLE I. - IN GENERAL

Sec. 10-1. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings

ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any living vertebrate creature or invertebrate creature, including, but not

limited to, mammals, reptiles, fish and fowl, but specifically excluding human beings.

Animal services means the animal services division of the city.

Animal services officer means any person designated by the supervisor of animal services to

enforce the provisions of this chapter.

Cattery means any authorized commercial establishment where three or more cats over four

months of age or 11 or more cats under four months of age are kept for boarding or breeding

purposes, except veterinary facilities.

Commercial stable means any facility where a fee is charged to house, pasture or rent horses

or other livestock.

Dangerous dog means a dog that:

Makes an unprovoked attack on a person that causes bodily injury and occurs

in a place other than an enclosure in which the dog was being kept and that

was reasonably certain to prevent the dog from leaving the enclosure on its

own;

Commits unprovoked acts in a place other than an enclosure in which the

dog was being kept and that was reasonably certain to prevent the dog from

leaving the enclosure on its own and those acts cause a person to reasonably

believe that the dog will attack and cause bodily injury to that person; or

Commits unprovoked acts at any location within the city that causes a person

to reasonably believe that the dog will attack and cause bodily injury to that

person even though the dog was being kept in an enclosure or otherwise was

restrained by a leash or other mechanism that is not reasonably certain to

prevent the dog's escape.

Domestic animal means animals that are habituated to live in or about habitations of men, or

that contribute to the support of the family.

[1]

(1)

(2)

(3)

(4)

(5)

(1)

(2)

(3)

(4)

(5)

Kennel means any authorized commercial establishment where three or more dogs over the

age of four months or 11 or more dogs under the age of four months are kept for breeding or

boarding purposes, except veterinary facilities.

Large livestock means any member of the domesticated equine family, including horses,

ponies, mules, donkeys and burros, and all members of the domesticated bovine family,

including, but not limited to, bulls, cows and steers.

Owner means any person or group of persons living in the same household, firm or

corporation having title to or custody of any animal, or any person who has, harbors, keeps, or

causes or permits to be harbored or kept an animal in his care or custody, or any person who

feeds an animal for seven days, or who allows an animal to remain on or about his premises for

ten days.

Restraint. An animal shall be deemed restrained when it is:

Confined on the premises of the owner within a building or walled or fenced

enclosure.

Fastened or picketed by a lead or chain, not more than 20 feet in length, so as

to keep the animal on the owner's premises.

Under the control of a person by a leash.

On or within a vehicle being driven or parked.

At heel beside a competent person 16 years of age or older and obedient to

that person's command.

Running at large means not completely confined by a building, wall or fence of sufficient

strength or construction to restrain the animal, except when such animal is on a secured leash or

chain not more than 20 feet in length, or held in the hands of the owner or keeper, or under the

direct supervision of the owner or keeper within the limits of the owner's private property.

Secure enclosure means a fenced area or structure that is:

Locked;

Capable of preventing the entry of the general public, including children;

Capable of preventing the escape or release of a dog;

Clearly marked as containing a dangerous dog; and

In conformance with the requirements for enclosure established by the city.

(a)

(b)

(c)

Serious bodily injury means an injury characterized by severe bite wounds or severe ripping

and tearing of muscle that would cause a reasonably prudent person to seek treatment from a

medical professional and would require hospitalization without regard to whether the person

actually sought medical treatment.

Small livestock means all types of domesticated swine, sheep and goats.

Supervisor of animal services means the person designated by the city manager to supervise

all aspects of animal services.

Wild animal means any poisonous or dangerous reptile, or any other animal which can

normally be found in the wild state, not normally capable of being domesticated, including, but

not limited to, skunks, foxes, raccoons, leopards, panthers, cougars, tigers, lions, lynx, ferrets and

opossums, unless certified for medical, biological, herpetological or other scientific research or

study.

(Code 1981, § 4-1; Code 1999, § 10-1; Ord. No. O-98-29, § 1(4-1), 7-20-1998)

Sec. 10-2. - Responsibility for enforcement; authority to issue citations; interference with animal

services officers.

Enforcement of this chapter shall be the responsibility of the supervisor of animal

services and/or any animal services officer or any other city official directed to do

so.

Any animal services officer or police officer shall have the authority to issue notices

of violation for any violation of this chapter.

It shall be unlawful for any person to interfere with any animal services officer in

the performance of his duties.

(Code 1981, §§ 4-2, 4-16; Code 1999, § 10-2)

Sec. 10-3. - Search and seizure warrants for vicious animals and suspected rabid animals.

The supervisor of animal services shall be authorized to obtain a search and seizure warrant

if there is reason to believe that an animal ordered removed from the city for being vicious has

not been so removed. Such warrant may also be obtained if the owner of such animal that has

been involved in a bite incident, or is suspected of having rabies or any other zoonotic disease,

fails to surrender such animal for quarantine purposes or for humane destruction.

(Code 1981, § 4-9(e); Code 1999, § 10-3)

Sec. 10-4. - Running at large prohibited; exceptions.

It shall be unlawful for any dog or other animal possessed, kept or harbored, except any

small, domesticated cat to run at large.

(Code 1981, § 4-3(a); Code 1999, § 10-4)

Sec. 10-5. - Impoundment of animals running at large.

The supervisor of animal services, and animal services officers acting under his direction, are

authorized to impound any animals running at large, other than a cat, and may impound a cat

under conditions specified in article IV of this chapter.

(Code 1981, § 4-3(e); Code 1999, § 10-5)

Sec. 10-6. - Limitation on number of dogs and cats.

No owner shall possess, harbor or keep more than a total of four dogs and/or cats over the

age of four months and/or ten puppies or kittens under the age of four months except for a

kennel, cattery or veterinary facility. The limitation of this section as to the number of dogs and

cats shall not apply when the premises on which such animals are possessed, harbored or kept is

located within the SD suburban district pursuant to the zoning ordinance (appendix A of this

Code).

(Code 1981, § 4-3(b); Code 1999, § 10-6)

Sec. 10-7. - Confinement of female dogs and cats in heat.

Every female dog or cat in season shall be confined in a building or a secure enclosure or a

veterinary hospital or boarding facility, in such a manner that another dog or cat cannot come in

contact with it except for controlled breeding purposes.

(Code 1981, § 4-3(d); Code 1999, § 10-7)

Sec. 10-8. - Maintenance of fences and enclosures.

Fences, gates, walls or enclosures used to confine an animal shall be maintained in such a

manner as to prevent the animal from escaping.

(Code 1981, § 4-3(f); Code 1999, § 10-8)

Sec. 10-9. - Sanitary condition of yards, pens and enclosures.

(a)

(b)

(a)

(b)

The owner or person in possession of animals shall keep yards, pens and enclosures in which

such animals are confined in such a manner so as not to give off odors offensive to persons of

ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes or other

noxious insects, or in any manner to endanger the public health or safety, or create a public

nuisance.

(Code 1981, § 4-12; Code 1999, § 10-9)

Sec. 10-10. - Sale of baby rabbits or fowl; artificially colored rabbits or fowl.

It shall be unlawful for any person to sell, offer for sale, barter or give away as toys,

premiums or novelties baby chickens or ducklings or other fowl under three weeks

old or rabbits under two months old, unless the manner or method of display is

first approved by the supervisor of animal services.

It shall be unlawful to color, dye, stain or otherwise change the natural color of any

chickens, ducklings, other fowl or rabbits, or to possess, for the purpose of sale or

to be given away, any of such animals which have been so colored.

(Code 1981, § 4-8(a), (b); Code 1999, § 10-10)

Sec. 10-11. - Keeping wild animals; allowing wild or vicious animal to run at large.

It shall be unlawful to keep any wild animal inside the corporate city limits.

It shall be unlawful to release or to allow to run at large any wild or vicious animal,

or any animal that has known vicious tendencies.

(Code 1981, § 4-8(c), (d); Code 1999, § 10-11)

Sec. 10-12. - Penalty.

Any person who causes, allows or permits another to violate any provision of this chapter

shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as provided

in section 1-13. Each day such violation shall be permitted to exist shall constitute a separate

offense. The owner, keeper or person in possession of the animal for which a violation of this

chapter exists, or any employee, agent or corporation employed in connection therewith who

may have assisted in the commission of such violation, shall be guilty of a separate offense and,

upon conviction, shall be subject to the penalty provided in section 1-13. The owner, keeper or

person in charge of the premises or part thereof, or of the subject animal where anything in

violation of this chapter shall be placed or shall exist, or any lessee, tenant, employee, agent or

corporation employed in connection therewith who may have assisted in the commission of such

violation shall be guilty of a separate offense and, upon conviction, shall be subject to the

penalties stated in section 1-13.

(a)

(b)

(a)

(b)

(c)

(Code 1999, § 10-12; Ord. No. O-98-29, § 7, 7-20-1998)

Secs. 10-13—10-30. - Reserved.

ARTICLE II. - DOG AND CAT REGISTRATION

Sec. 10-31. - Vaccination of dogs and cats required; vaccination certificates.

All dogs and cats must be vaccinated annually against rabies by four months of age

with a vaccine approved by the state health department and administered by a

veterinarian licensed by the state. The animal must receive a booster within the 12-

month period following the initial vaccination. All dogs and cats must be

revaccinated against rabies at a minimum of once every three years with a triennial

vaccine or a minimum of once every year with an annual vaccine.

A metal certificate of vaccination with the year of vaccination, a certificate number

and the name, address and phone number of the vaccinating veterinarian or

veterinary clinic must be securely attached to a collar or harness that must be

worn by the dog or cat at all times. In addition to the metal certificate, a paper

certificate must be issued stating the name of the owner, the address of the

owner, the telephone number of the owner, a description of the animal, the date

of vaccination, the number of the metal certificate, and the kind of vaccine used,

and signed by the administering veterinarian.

(Code 1999, § 10-31; Ord. No. O-03-15, § 1, 3-5-2003)

Sec. 10-32. - Registration of dogs and cats required; procedure; registration certificate.

No owner shall have within the city any dog or cat over four months of age unless

such dog or cat is currently registered with animal services. A current metal

registration certificate, issued by animal services, must be affixed to the collar or

harness and must be worn by the dog or cat at all times. No dog or cat shall be

registered until it has a current rabies vaccination.

Application for initial issuance or renewal of each registration must be made by the

owner, in writing or in person, and must be accompanied by the paper vaccination

certificate, and a fee in the amount specified in the schedule of fees adopted by

the city council.

Registration certificates shall be issued annually and shall run concurrently with

vaccination certificates. Registration certificates must be obtained within 30 days of

vaccination. A registration and/or vaccination certificate shall be valid only for the

animal to which it was originally issued.

(a)

(1)

(2)

(b)

(a)

(b)

(c)

(Code 1981, § 4-4(b); Code 1999, § 10-32)

Sec. 10-33. - Transfer of registration.

If there is a change of ownership in a dog or cat currently registered with animal services,

transfer of registration shall be made upon request of the owner.

(Code 1981, § 4-4(b); Code 1999, § 10-33)

Sec. 10-34. - Denial or revocation of registration.

Grounds. The supervisor of animal services may refuse to register a dog or cat or

may revoke a registration issued to any person who has been convicted in a court

of the state of any of the following:

Cruelty to animals as defined in V.T.C.A., Penal Code § 42.11, inhumane

treatment, or negligence to an animal; or

Four or more separate and distinct violations of an animal services ordinance

of a municipality in the state within a 12-month period.

Appeals. Any person denied such a registration may appeal the refusal to a

committee made up of the chief of police or his designated representative, the city

manager or his designated representative, and the city attorney or his designated

representative. This committee shall uphold or overturn the supervisor of animal

services refusal of registration.

(Code 1981, § 4-4(c); Code 1999, § 10-34)

Sec. 10-35. - Guard dogs.

Every person having care or custody of a dog which has received guard training

must register such dog with the supervisor of animal services. It shall be unlawful

for any person having ownership, occupancy or control of any property in the city

to permit or hire a guard dog to guard such property without such dog having first

been registered with the supervisor of animal services pursuant to this section.

Any dog which has received guard dog training may be destroyed, if necessary,

when such dog is running at large. The owner, keeper or person in charge of a

guard dog shall be subject to the other provisions of this chapter.

Registration tags identifying an animal as a guard dog must be worn by such

animal at all times, and the animal must be securely muzzled and leashed unless in

covered confinement or fenced, while in actual performance of duties.

(Code 1981, § 4-4(d); Code 1999, § 10-35)

State Law reference— Guard dogs, V.T.C.A., Occupations Code §§ 1702.116, 1702.283.


ARTICLE III. - CARE AND CONTROL GENERALLY

Sec. 10-61. - Scope of article.

The provisions of this article are guidelines for pet and animal care and are not intended to

contravene the provisions for animal cruelty contained in V.T.C.A., Penal Code §§ 42.09—42.105.

(Code 1981, § 4-13; Code 1999, § 10-61)

Sec. 10-62. - Food, shelter and care generally.

No owner shall fail to provide his animal with sufficient good and wholesome food and water,

proper shelter and protection from the weather, veterinary care when needed to prevent

suffering, and humane care and treatment.

(Code 1981, § 4-13(a); Code 1999, § 10-62)

Sec. 10-63. - Abuse of animals; animal fighting.

No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an

animal, or cause, instigate or permit any bullfight or other combat between animals or between

animals and humans.

(Code 1981, § 4-13(b))

Sec. 10-64. - Abandonment of animal.

No owner shall abandon any animal. Any animal left without proper food, water or shelter

shall be considered abandoned. Animal services shall take any abandoned animal into protective

custody until owners of such animals can be located and/or prosecuted.

(Code 1981, § 4-13(c); Code 1999, § 10-64)

Sec. 10-65. - Duties of person striking animal with vehicle.

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at

once and shall immediately report such injury or death to the animal's owner. If the owner cannot

be ascertained or located, such operator shall at once report the accident to the appropriate law

enforcement agency.

[2]

(a)

(b)

(1)

(Code 1981, § 4-13(d); Code 1999, § 10-65)

Sec. 10-66. - Leaving animal in motor vehicle.

No person shall leave any animal in any standing or parked vehicle in such a way as to

endanger the animal's health, safety or welfare. An animal services officer or police officer is

authorized to use reasonable force to remove the animal from the vehicle whenever it appears

that the animal's health, safety or welfare is or will be endangered if the owner or operator of the

vehicle cannot be located after reasonable attempts. The animal shall be taken to the shelter or to

a veterinarian, if the animal is in distress. A written notice bearing the name of the officer

removing the animal, a telephone number where he can be contacted, and the location where the

animal may be claimed by the owner of the animal shall be attached to the vehicle. Any person

violating this section shall bear the full cost and expense incurred by the city in the care, medical

treatment, impoundment cost and disposal of the animal, including the removal from a vehicle.

(Code 1981, § 4-13(e); Code 1999, § 10-66)

Sec. 10-67. - Teasing or molesting animals.

It shall be unlawful for any person to in any manner tease, annoy, disturb, molest or irritate

an animal that is confined to the owner's premises.

(Code 1981, § 4-13(f); Code 1999, § 10-67)

Sec. 10-68. - Animal defecation on property of another.

It is unlawful for the owner or person in control of an animal to allow or permit

such animal to defecate on any public property or improved private property,

other than that of the owner of the animal. That the animal was at large at the time

it defecated on any property shall constitute prima facie evidence that the owner

or person in control of the animal allowed or permitted the animal to so act.

It shall be a defense to prosecution under this section that the owner or person in

control of the animal immediately removed and cleaned up such animal's feces

from the public or private property.

(Code 1981, § 4-14; Code 1999, § 10-68)

Sec. 10-69. - Nuisance animals.

The following shall be considered a public nuisance and shall be unlawful:

Any animal that molests or chases pedestrians, passersby or passing vehicles,

(2)

(3)

(4)

(5)

(6)

(7)

(1)

(2)

(3)

including bicycles;

Any animal that makes unprovoked attacks on other animals of any kind;

Any dog that is repeatedly at large, specifically three or more times per 12-

month period;

Any animal that damages private or public property;

Any animal that barks, whines, howls, crows, cackles or makes any noise

excessively and continuously, and such noise disturbs a person of ordinary

sensibilities;

The keeping of an animal in such a manner as to endanger the public health,

by the accumulation of animal waste which causes foul and offensive odors

considered to be a hazard to other animals or human beings; or

Any person who keeps bees or allows bees to colonize on his property in such

a manner as to interfere with the peaceful enjoyment of adjacent property or

otherwise endangers the health and safety of others.

(Code 1981, § 4-15; Code 1999, § 10-69; Ord. No. O-98-29, § 5(4-18), 7-20-1998)


ARTICLE IV. - IMPOUNDMENT

DIVISION 1. - GENERALLY

Sec. 10-91. - Designation of place of impoundment.

The city manager shall select and establish a place for impounding all animals impounded

under any provision of this chapter.

(Code 1981, § 4-5(g); Code 1999, § 10-91)

Sec. 10-92. - Animals subject to impoundment.

The following animals are subject to impoundment:

Cats or dogs not exhibiting evidence of being vaccinated or registered as

described in article II of this chapter.

Any animal running at large, other than a cat; provided, however, a cat may

be impounded under the conditions specified in section 10-93.

Any animal treated in a manner determined by an animal services officer to

be cruel or inhumane.

(4)

(5)

(a)

(b)

(c)

Any animal that has bitten, scratched or viciously attacked a person, or needs

to be placed under observation for rabies, as determined by an animal

services officer.

Any animal in violation of any provision of this chapter.

(Code 1981, § 4-5(a); Code 1999, § 10-92)

Sec. 10-93. - Right of property owners and occupants to confine animals found on premises.

If any animal named in this chapter is found on the premises of any person, the owner or

occupant of the premises shall have the right to confine such animal in a humane manner until he

can notify animal services to impound the animal. When so notified, it shall be the duty of an

animal services officer to have such animal impounded as provided in this article.

(Code 1981, § 4-5(b); Code 1999, § 10-93)

Sec. 10-94. - Notification of owner of impounded animal.

Reasonable effort shall be made by animal services to contact the owner of any animal

impounded which is wearing current registration and/or vaccination certificates; however, final

responsibility for location of an impounded animal is that of the animal owner.

(Code 1981, § 4-5(c); Code 1999, § 10-94)

Sec. 10-95. - Fees; approval required for release of certain animals.

Impoundment fee; approval required for release of certain animals. An

impoundment fee for each impoundment within a 12-month period shall be

assessed in accordance with a schedule of fees adopted by the city council. Any

animal impounded more than four times in a 12-month period will not be released

to the owner without the written approval of the supervisor of animal services.

Daily handling fee. A daily handling fee shall be charged for every day or fraction of

a day that an animal is held at the animal services facility. The fee shall be in the

amount specified in a schedule of fees adopted by the city council.

Quarantine fee. The owner of any animal held in quarantine for observation

purposes shall be charged for every day or fraction of a day the animal is held at

the facility. This fee is in addition to any impoundment, handling or other fee as set

forth in this article and shall be in an amount specified in a schedule of fees

adopted by the city council.

(Code 1981, § 4-6(a)—(c); Code 1999, § 10-95)

(a)

(b)

(c)

Secs. 10-96—10-110. - Reserved.

DIVISION 2. - DISPOSITION OF IMPOUNDED ANIMALS

Sec. 10-111. - Redemption by owner.

Generally. The owner may resume possession of any animal impounded upon

payment of impoundment fees, handling fees and any veterinary expenses

incurred by animal for the welfare of the animal, and upon compliance with the

vaccination and registration provisions of this chapter, except where prohibited in

subsections (b) and (c) of this section.

Animals impounded on grounds of suspicion of cruelty or inhumane treatment.

Disposition of animals impounded on the grounds of suspicion of cruel or

inhumane treatment shall be by the court of jurisdiction.

Animals under rabies quarantine. If any animal is being held under quarantine or

observation for rabies, the owner shall not be entitled to possession until it has

been released from such quarantine.

(Code 1981, § 4-5(d)—(f); Code 1999, § 10-111)

Sec. 10-112. - Destruction of unreclaimed animals.

Any animal except vicious, wild or unvaccinated bite case animals, not reclaimed by the

owner, may be humanely destroyed by animal services after being held 72 hours, except that any

animal wearing current registration or vaccination metal certificates shall be held six days prior to

disposition.

(Code 1981, § 4-5(h); Code 1999, § 10-112)

Sec. 10-113. - Vicious or wild animals.

Any vicious animal impounded, unless there is reason to believe such animal has an owner,

may be immediately disposed of as deemed appropriate by the supervisor of animal services. Any

impounded wild animal, unless such animal is an endangered species, may be immediately

disposed of in a manner deemed appropriate by the supervisor of animal services. Wild animals

that are considered endangered species will be immediately reported to and turned over to the

state department of parks and wildlife for disposition.

(Code 1981, § 4-5(i); Code 1999, § 10-113)

Sec. 10-114. - Nursing baby animals.

(a)

(1)

(2)

Any nursing baby animal impounded without the mother, or where the mother cannot or will

not provide nutritious milk, may be immediately euthanized by animal services to prevent further

suffering of such baby animals.

(Code 1981, § 4-5(j); Code 1999, § 10-114)

Sec. 10-115. - Sick or injured animals.

Any impounded animal that appears to be suffering from extreme injury or illness may be

euthanized or given to a nonprofit humane organization for the purpose of veterinary medical

care, as determined by the supervisor of animal services.

(Code 1981, § 4-5(m); Code 1999, § 10-115)

Sec. 10-116. - Euthanization at direction of owner.

Any owner who no longer wants responsibility for an animal, or who believes an animal to be

ill or injured, may sign a written waiver, supplied by animal services, allowing the animal to be

euthanized in a humane manner, provided that such warm-blooded animal has not bitten any

human. Such animal that has bitten a human shall be held for a ten-day quarantine except where

laboratory examination is provided for.

(Code 1981, § 4-5(l); Code 1999, § 10-116)

Sec. 10-117. - Adoption of dogs and cats authorized; redemption by owner after adoption.

Any impounded dog or cat not wearing current registration or vaccination certificates may be

given up for adoption after 72 hours, except those under quarantine. Any impounded dog or cat

wearing current registration or vaccination certificates may be given up for adoption after being

held six days. If the rightful owner of the animal appears within 30 days of adoption, he may

redeem the animal by paying the adopter all documented expenses incurred, and reasonable

board for the animal.

(Code 1981, § 4-5(k); Code 1999, § 10-117)

Sec. 10-118. - Conditions for adoption.

Generally. An individual may adopt an animal (dogs and cats only) from the city

animal shelter under the following conditions:

The animal must be classified as adoptable by the supervisor of animal

services;

The prospective adopter must have proper facilities to care for the animal;

(3)

(4)

(b)

(c)

(1)

(2)

(3)

The prospective adopter shall obtain all necessary vaccinations and

registrations; and

The adopter shall pay an adoption fee in an amount specified in a schedule of

fees adopted by the city council.

Vaccination and licensing required. The purchaser of any dog or cat must have it

vaccinated and obtain a city license within 30 days after purchase.

Refusal to allow adoption. The supervisor of animal services may refuse to allow a

person to adopt an animal whom he has reason to believe:

Would not be able to obtain a registration certificate under the restrictions of

this chapter.

Would not have proper facilities to contain or care for the animal as required

by this chapter.

Wants the animal for resale or a purpose other than pet ownership.

(Code 1981, § 4-6(d), (e); Code 1999, § 10-118)

Secs. 10-119—10-140. - Reserved.

ARTICLE V. - RABIES CONTROL


Sec. 10-141. - Investigation of bite reports; killing suspected rabid animal or removal from city without

permission.

All animal bite reports shall be investigated by animal services. Without the permission of the

supervisor of animal services, it shall be unlawful for any person to kill or remove from the city

limits any animal that has bitten any person or other animal, or that has been placed under

quarantine, except when it is necessary to protect the life of any person or other animal.

(Code 1981, § 4-7(d); Code 1999, § 10-141)

Sec. 10-142. - Authority to direct disposition of suspected rabid animals.

The supervisor of animal services shall direct the disposition of any animal suspected of being

rabid or of having any zoonotic disease considered to be a hazard to any other animal or human

being.

(Code 1981, § 4-7(e); Code 1999, § 10-142)

Sec. 10-143. - Surrender of carcass of suspected rabid animal.

[3]

(1)

(2)

(3)

The carcass of any dead animal exposed to rabies or suspected of having been rabid shall,

upon demand, be surrendered to animal services.

(Code 1981, § 4-7(f); Code 1999, § 10-143)

Sec. 10-144. - Disposition of animal exposed to rabies.

Every animal exposed to rabies shall be immediately confined by the owner, who shall

promptly notify animal services of the place where such animal is confined and the reason

therefor. The owner shall not permit such animal to come in contact with any person or animal.

Any animal exposed to rabies shall be handled in one of the following manners:

Humane destruction, with notification to, or under the supervision of, animal

services;

If not currently vaccinated, quarantine under veterinary supervision for at

least 12 months immediately following exposure; or

If currently vaccinated, immediate revaccination and quarantine under

veterinary supervision for at least 90 days immediately following exposure.

(Code 1981, § 4-7(g); Code 1999, § 10-144)

Sec. 10-145. - Refusal to surrender animal.

No person shall fail to or refuse to surrender an animal for supervised quarantine or humane

destruction, as required in this article, for rabies control, when the demand therefor is made by

the supervisor of animal services or officers acting under his discretion.

(Code 1981, § 4-7(h); Code 1999, § 10-145)

Secs. 10-146—10-160. - Reserved.

DIVISION 2. - QUARANTINE

Sec. 10-161. - Authority to order quarantine.

The supervisor of animal services shall have the authority to order quarantine of animals

responsible for biting incidents or suspected of having any zoonotic disease considered to be a

hazard to the human or animal population.

(Code 1981, § 4-7(a); Code 1999, § 10-161)

[4]

(a)

(b)

Sec. 10-162. - Animals subject to quarantine; conduct of quarantine; place of quarantine.

Every animal that bites a human or attacks another animal in an unnatural

manner, or has rabies or any other zoonotic disease, or is under suspicion of

having rabies or any other zoonotic disease, shall be immediately confined by the

owner, who shall promptly notify animal services or an animal services officer of

the place where such animal is confined and the reason therefor. The owner shall

not permit such animal to come in contact with any other person or animal. The

owner shall surrender possession of such animal to animal services on demand for

supervised quarantine. Supervised quarantine shall be at the animal shelter, or a

veterinary hospital, or by any other method of adequate confinement approved by

the supervisor of animal services. The quarantine shall be not less than ten days

and shall be under the supervision of a licensed veterinarian, who shall submit to

animal services reports on the quarantined animal's physical condition on the first,

fifth and tenth days immediately following the date of bite incidents or any of the

other purposes for quarantine enumerated in this article. A release from

quarantine may be issued if no signs of rabies or other diseases have been

observed during the quarantine period.

Any animal quarantined other than at the animal shelter shall be observed by the

same veterinarian throughout the entire quarantine period in the same manner as

outlined in subsection (a) of this section, and the owner and veterinarian shall

immediately notify animal services as to the veterinarian and the location of

quarantine. Animals being held in quarantine resulting from bite episodes may not

be held in quarantine at a veterinarian located more than five miles outside the

corporate city limits, except with written approval by the supervisor of animal

services. If the supervisor orders quarantine other than in the animal shelter or a

veterinary hospital, the owner shall be responsible for confining the animal. He

shall also be required to obtain the same veterinary supervision of the animal and

release from quarantine as would be required in a veterinary hospital or at the

animal shelter.

(Code 1981, § 4-7(b); Code 1999, § 10-162)

Sec. 10-163. - Violation of quarantine.

The violation of quarantine by any person shall be just cause for seizure and impoundment of

the quarantined animal by animal services. It shall be unlawful for any person to interrupt the

observation period of any animal for any reason.

(Code 1981, § 4-7(c); Code 1999, § 10-163)

(a)

(b)

Sec. 10-164. - Notification of escape, sickness or death of quarantined animal.

Any person having possession of or responsibility for any quarantined animal shall

immediately notify animal services if such animal escapes, or becomes or appears sick or dies,

and in the case of death of the animal while under quarantine shall immediately surrender the

dead animal to animal services for diagnostic purposes.

(Code 1981, § 4-7(i); Code 1999, § 10-164)

Secs. 10-165—10-190. - Reserved.

ARTICLE VI. - DANGEROUS, VICIOUS OR FIERCE ANIMALS


Sec. 10-191. - Confinement and restraint of dangerous, vicious or fierce dogs.

The owner shall confine within a building, or locked and covered enclosure, every fierce,

dangerous or vicious dog, and not take such dog out of such building or enclosure unless such

dog is securely leashed and muzzled.

(Code 1981, § 4-3(c); Code 1999, § 10-191)

State Law reference— Restraint of dangerous dogs, V.T.C.A., Health and Safety Code § 822.042.

Secs. 10-192—10-210. - Reserved.

DIVISION 2. - DANGEROUS DOGS

Sec. 10-211. - Determination of dangerous dog.

If a person reports an incident with a dog that may meet the definition of a

dangerous dog as defined in this chapter, animal services may investigate the

incident. If, after receiving the sworn statements of any witnesses, animal services

determines the dog is a dangerous dog, it shall notify the owner of that fact.

An owner, not later than the 15th day after the date the owner is notified that a

dog owned by the owner is a dangerous dog, may appeal the determination of

animal services to the municipal court for a hearing as set forth in this chapter.

(Code 1999, § 10-211; Ord. No. O-98-29, § 2(4-9), 7-20-1998)

State Law reference— Similar provisions, V.T.C.A., Health and Safety Code § 822.0421.

[5]

[6]

(a)

(1)

a.

b.

c.

d.

e.

f.

(2)

(3)

(4)

(5)

Sec. 10-212. - Requirements for owner of dangerous dog.

Owner requirements.

Not later than the 30th day after a person learns that the person is the owner

of a dangerous dog, the person shall:

Register the dangerous dog with animal services;

Restrain the dangerous dog at all times by muzzling the dog and

keeping the dog on a leash in the immediate control of a person or by

keeping the dog in a secure enclosure;

Obtain liability insurance coverage or show financial responsibility in an

amount of at least $100,000.00 to cover damages resulting from an

attack by the dangerous dog causing bodily injury to a person, provide

proof of the required liability insurance coverage or financial

responsibility to animal services, and notify the city within 30 days if

liability insurance coverage is changed or canceled;

Ensure that the dangerous dog properly wears the collar issued by

animal services at all times;

Immediately notify animal services of any attacks made by the

dangerous dog on people or domestic animals;

Follow any other requirements of animal services that will prevent the

likelihood of future acts by the dangerous dog that would characterize

the dog as a dangerous dog under this chapter, including, but not

limited to, ordering the dog removed from the city limits.

The owner of a dangerous dog who does not comply with subsection (a)(1) of

this section shall deliver the dog to animal services not later than the 30th

day after the owner learns that the dog is a dangerous dog.

If, on application of any person, the municipal court finds, after notice and

hearing, that the owner of a dangerous dog has failed to comply with

subsection (a)(1) or (a)(2) of this section, the court shall order animal services

to seize the dog and shall issue a warrant authorizing the seizure. Animal

services shall seize the dog or order its seizure and shall provide for the

impoundment of the dog in secure and humane conditions.

The owner shall pay any cost or fee assessed by the city related to the

seizure, impoundment and destruction of the dog.

The court shall order animal services to humanely destroy the dog if the

owner has not complied with subsection (a)(1) of this section before the 11th

day after the date on which the dog is seized or delivered to animal services.

(6)

(7)

a.

b.

c.

(b)

(1)

a.

b.

c.

(2)

(1)

a.

b.

The court shall order animal services to return the dog to the owner if the

owner complies with subsection (a)(1) of this section before the 11th day after

the date on which the dog is seized or delivered to animal services.

The court may order the humane destruction of a dog if the owner of the dog

has not been located before the 15th day after the seizure and impoundment

of the dog.

For purposes of this section, a person learns that the person is the owner of a

dangerous dog when:

The owner knows of an attack described in the definition of dangerous

dog in section 10-1;

The owner receives notice that the municipal court has found that the

dog is a dangerous dog under this chapter; or

The owner is informed by animal services that the dog is a dangerous

dog pursuant to this chapter.

Registration. Animal services shall annually register a dangerous dog if the owner:

Presents proof of:

Liability insurance or financial responsibility, as required by this section;

Current rabies vaccination of the dangerous dog;

The secure enclosure in which the dangerous dog will be kept; and

Pays an annual registration fee as set out in the schedule of fees adopted by

resolution by the city council.

(Code 1999, § 10-212; Ord. No. O-98-29, § 2(4-10), 7-20-1998; Ord. No. O-03-15, § 2, 3-5-2003)

State Law reference— Similar provisions, V.T.C.A., Health and Safety Code § 822.042.

Sec. 10-213. - Seizure of a dog causing death of or serious bodily injury to a person.

The following shall apply whenever a dog is believed to have caused the death of or serious

bodily injury to a person:

The municipal court shall order animal services to seize a dog and shall issue

a warrant authorizing the seizure:

On the sworn complaint of any person, including the city attorney, or a

peace officer, that the dog has caused the death of or serious bodily

injury to a person by attacking, biting or mauling the person; and

On a showing of probable cause to believe that the dog caused the

death of or serious bodily injury to the person as stated in the

complaint.

(2)

(a)

(1)

(2)

a.

b.

(3)

(4)

a.

b.

c.

(5)

a.

b.

c.

(6)

a.

Animal services shall seize the dog or order its seizure and shall provide for

the impoundment of the dog in secure and humane conditions until the court

orders the disposition of the dog at the hearing as set forth in this chapter.

(Code 1999, § 10-213; Ord. No. O-98-29, § 2(4-11), 7-20-1998)

Sec. 10-214. - Hearing process.

Hearing.

The court shall set a time for a hearing to determine whether the dog caused

the death of or serious bodily injury to a person by attacking, biting or

mauling the person or whether the dog constitutes a dangerous dog. The

hearing must be held not later than the tenth day after either the date on

which the warrant is issued pursuant to section 10-213 or the date on which

the dog is delivered or seized pursuant to section 10-212(a)(2) or (a)(3).

The court shall give written notice of the time and place of the hearing to:

The owner of the dog or the person from whom the dog was seized; and

The person who made the complaint.

Any interested party, including the city attorney, is entitled to present

evidence at the hearing.

The court shall order the dog destroyed if the court finds that the dog caused

the death of a person by attacking, biting or mauling the person. If that

finding is not made, the court shall order the dog released to:

Its owner;

The person from whom the dog was seized; or

Any other person authorized to take possession of the dog.

The court may order the dog destroyed if the court finds that the dog caused

serious bodily injury to a person by attacking, biting or mauling the person. If

that finding is not made, the court shall order the dog released to:

Its owner;

The person from whom the dog was seized; or

Any other person authorized to take possession of the dog.

The court may not order the dog destroyed if the court finds that the dog

caused the serious bodily injury to a person by attacking, biting or mauling

the person and:

The dog was being used for the protection of a person or person's

property; the attack, bite, or mauling occurred in an enclosure in which

the dog was being kept; and:

1.

2.

b.

c.

d.

e.

(b)

(1)

(2)

(3)

(c)

The enclosure was reasonably certain to prevent the dog from

leaving the enclosure on its own and provided notice of the

presence of a dog; and

The injured person was at least eight years of age, and was

trespassing in the enclosure when the attack, bite or mauling

occurred;

The dog was not being used for the protection of a person or person's

property; the attack, bite or mauling occurred in an enclosure in which

the dog was being kept; and the injured person was at least eight years

of age and was trespassing in the enclosure when the attack, bite or

mauling occurred;

The attack, bite or mauling occurred during an arrest or other action of

a peace officer while the peace officer was using the dog for law

enforcement purposes;

The dog was defending a person from an assault or person's property

from damage or theft by the injured person; or

The injured person was younger than eight years of age; the attack, bite

or mauling occurred in an enclosure in which the dog was being kept;

and the enclosure was reasonably certain to keep a person younger

than eight years of age from entering.

Destruction of dog. The destruction of a dog under this section must be performed

by:

A licensed veterinarian;

Personnel of a recognized animal shelter or humane society who are trained

in the humane destruction of animals; or

Personnel of a governmental agency responsible for animal services who are

trained in the humane destruction of animals.

Provocation or location of attack irrelevant. Except as provided by subsection (a)(6)

of this section, this section applies to any dog that causes a person's death or

serious bodily injury by attacking, biting, or mauling the person, regardless of

whether the dog was provoked and regardless of where the incident resulting in

the person's death or serious bodily injury occurred.

(Code 1999, § 10-214; Ord. No. O-98-29, § 2(4-12), 7-20-1998)

Secs. 10-215—10-240. - Reserved.

ARTICLE VII. - LIVESTOCK AND OTHER FARM ANIMALS

(a)

(b)

Sec. 10-241. - Authority to waive requirements.

In cases involving a scientific or educational program, a nonprofit organization show,

exhibition or humane activity, or animals owned by the city, the supervisor of animal services may

waive certain requirements of this article.

(Code 1981, § 4-10(c); Code 1999, § 10-241)

Sec. 10-242. - Keeping swine.

It shall be unlawful for a person to keep swine within the city except upon premises located

within a district zoned SD suburban district by the city zoning ordinance (appendix A of this Code).

The number of swine permitted shall not exceed one adult (six months of age or older) per one-

third acre for the first two acres, and two adults per acre for each additional acre over two acres.

No swine shall be permitted within 2,500 feet of any residence, church, school or business other

than that of the owner.

(Code 1981, § 4-10(a); Code 1999, § 10-242)

Sec. 10-243. - Limitation on number of cows or horses.

Any foal or calf six months of age or older shall be considered to be an adult in determining

the number of livestock permitted in a given area. The number of cows or horses permitted shall

not exceed one adult per one-third acre for the first two acres, and two adults per acre for each

additional acre over two acres of a single tract of land, excepting stabled animals. The person in

lawful possession of the premises, as owner or tenant, may keep thereon cattle or horses

belonging to others, but the limitation as to the number of cattle or horses on the premises and

the area and distance requirements of this article shall still apply, and keeping of cattle or horses

for others shall not be done as a business in violation of the zoning ordinance (appendix A of this

Code). The limitation of this section as to the number of cows or horses permitted shall not apply

when the premises on which such animals are kept are located within a district zoned SD

suburban district by the city zoning ordinance.

(Code 1981, § 4-10(b); Code 1999, § 10-243)

Sec. 10-244. - Confinement generally.

Any enclosure, pasture, pen, corral or other restrictive area for large or small

livestock shall be of sufficient strength and construction so as to keep such

livestock confined.

All gates must be of sufficient strength and construction so as to keep livestock

(c)

confined.

When small and large livestock are kept together, the standards for small livestock

must be met.

(Code 1981, § 4-10(d)—(f); Code 1999, § 10-244)

Sec. 10-245. - Minimum distance of pens from residence, church, school or business.

It shall be unlawful for any person to keep on premises under his control within the city limits

any small or large livestock in such a manner that the livestock are sheltered or lodged within a

pen or corral closer than 300 feet to any human habitation, church, school or business other than

that of the owner's or keeper's living quarters.

(Code 1981, § 4-10(g); Code 1999, § 10-245)

Sec. 10-246. - Confinement of male horses and cattle; breeding.

Male equines (horses) and male bovines (cattle) capable of breeding will be confined in such a

manner that the animal will not be dangerous to human beings, and all breeding will be done

under the control of the owner, the handler or a licensed veterinarian.

(Code 1981, § 4-10(h); Code 1999, § 10-246)

Sec. 10-247. - Keeping fowl or rabbits.

Fowl and rabbits shall be kept in a secure pen or enclosure that is at least 30 feet from any

adjoining property line.

(Code 1981, § 4-11; Code 1999, § 10-247)


March 2018 77

APPENDIX B – ADOPTION AGREEMENT

March, 2018

1

City of Missouri City Animal Control

1923 Scanlin Road, Missouri City, TX 77489

(281) 403-8707 ____________________________________________________________________________________________________________

Adoption Agreement

Name _______________________________________ Home # ____________________________Cell# _______________________

Address ____________________________________________________City ___________________________Zip Code __________

Your Employer ________________________________________________________ Work# ______________________________

Spouse or Roommate Name _____________________________________________________________________________________

Email Address _______________________________________________________________________________________________

Number of adults in household _________ Number of children living at home ____________ Children’s Ages ___________________

Who will be primarily responsible for the pet? _______________________________________________________________________

What pets do you currently have? _________________________________________________________________________________

What is the name and phone number of your vet clinic? ________________________________________________________________

Where will you keep this pet during the day? __________________________________________ At night? _____________________

How many hours will the pet be alone on a daily basis? ________________________________________________________________

How will you keep the pet confined on your property? (Please circle any and all that may apply)

*fence *leash *garage *house *kennel *patio *chain *other ______________________________________________________

What will you do if the dog or cat is destructive? _____________________________________________________________________

I understand that sterilization of the animal I am adopting is required under Chapter 828, Texas Health and Safety Code, and

that a violation of this chapter is a criminal offense punishable as a Class C misdemeanor. _______ (initials)

I understand that if this animal is under the required age for sterilization, I will have it sterilized on or before the 30th day after the animal has reached 6 months of age. _______(initals)

I certify that I have proper facilities to care for this animal and do not want the animal for resale, research, or any purpose other than pet ownership and that I am over the age of 18 years old. _______ (initials)

I understand that the City of Missouri City makes no guarantee as to the health, quality or temperament of the animal described below. _______ (initials)

I further agree that I must obtain proper license or registration for my city of residence within thirty (30) days of adoption. Missouri City residents must purchase registration prior to adoption. _______ (initials)

If the rightful owner appears within thirty (30) days of adoption, he/she may redeem the animal by paying to the Adopter all documented

expenses incurred, reasonable board and sterilization costs, if any, for the animal. _______ (initials)

I understand that the City of Missouri City Animal Services may examine and make inquiry about said animal(s) at any time and if not

satisfied with the animal’s treatment or living conditions, the City of Missouri City Animal Services may reclaim animal.

_______ (initials)

If the City of Missouri City must institute court action to enforce the terms of this contract, I agree to be responsible for all attorney’s

fees and court costs. _______ (initials)

March, 2018

2

FOR AND IN CONSIDERATION OF THE OPPORTUNITY TO ADOPT AN ANIMAL, FOR MYSELF AND ON BEHALF OF MY

AGENTS, HEIRS, EXECUTORS, SUCCESSORS, ASSIGNS, AND ADMINISTRATORS, I HEREBY RELEASE AND FOREVER DISCHARGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF MISSOURI CITY, A

MUNICIPAL CORPORATION OF THE STATE OF TEXAS, ITS EMPLOYEES, OFFICERS, AND AGENTS, IN BOTH THEIR

INDIVIDUAL AND OFFICIAL CAPACITIES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “CITY”) OF, FROM, AND AGAINST ANY AND ALL ACTIONS, CAUSES OF ACTION, ANY AND ALL CLAIMS OR DEMANDS OF EVERY KIND

AND CHARACTER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH THE ADOPTION

OF AN ANIMAL FROM THE CITY’S SHELTER, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR CONTRIBUTION AND ATTORNEY’S FEES, DAMAGES, SUITS, LIABILITIES, JUDGMENTS, AWARDS, COSTS, AND OTHER EXPENSES WHICH

MAY BE ASSERTED BY A THIRD PARTY, ME, MY AGENT, HEIR, EXECUTOR, ASSIGN, OR ADMINISTRATOR FOR ANY

REASON OR CAUSE, INCLUDING, BUT NOT LIMITED TO, INJURY, DEATH, LOSS, PROPERTY DAMAGE OR THE EFFECTS OF CONSEQUENCES THEREOF REGARDLESS OF WHETHER CAUSED, IN WHOLE OR IN PART, BY THE

NEGLIGENCE OR ACTS OR OMISSIONS OF THE CITY. _______ (initials)

As the Adopter, I agree to abide by all federal, state, and local laws. _______ (initials)

I, ___________________________________________, do hereby adopt from the City of Missouri City, Animal Services Office, one

________________________________________________

Animal Name and ID #

____________________________

Breed

__________ _____________ ______________ Sex Size Color

___________________________________________ ____________________

Signature of Adopter Date

__________________________________

Driver License or ID number of Adopter

__________________________________ ____________________ Signature of Animal Services Officer Date of Adoption

__________________________________ ____________________ Verification of Vaccination and License Date

(Veterinarian Name and City Licensed by)


March 2018 80

APPENDIX C – TRANSFER FORM

TRANSFER FORM

“Receiving Organization”: __________________________________________________________

Address:____________________________________________________

Phone #:____________________________________________________

Animal Name and ID # (“Animal”): _________________________________________________________

Breed / Species:________________________________________________________________________

Gender Altered? YES / NO (circle one)

Color: ______________________________

Size when grown: Small Med. Large (circle one)

Age:________________________________

The City of Missouri City (the “City”) received Animal on _________. Animal is being transferred from the

City to Receiving Organization. As of _______________________, subject to Section 10-117 of the

Missouri City Code (relating to redemption by owners after adoption), the City transfers all ownership and

responsibility of care of Animal to the Receiving Organization. The Receiving Organization accepts all care

and responsibility for Animal.

FOR AND IN CONSIDERATION OF THE OPPORTUNITY TO RECEIVE THE ANIMAL, THE RECEIVING

ORGANIZATION, FOR ITSELF AND ON BEHALF OF ITS AGENTS, HEIRS, EXECUTORS, SUCCESSORS, ASSIGNS,

AND ADMINISTRATORS, HEREBY RELEASE AND FOREVER DISCHARGE AND AGREE TO INDEMNIFY,

DEFEND, AND HOLD HARMLESS THE CITY OF MISSOURI CITY, A MUNICIPAL CORPORATION OF THE STATE

OF TEXAS, ITS EMPLOYEES, OFFICERS, AND AGENTS, IN BOTH THEIR INDIVIDUAL AND OFFICIAL CAPACITIES

(HEREINAFTER COLLECTIVELY REFERRED TO AS THE “CITY”) OF, FROM, AND AGAINST ANY AND ALL

ACTIONS, CAUSES OF ACTION, ANY AND ALL CLAIMS OR DEMANDS OF EVERY KIND AND CHARACTER,

WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH THE ANIMAL, INCLUDING,

BUT NOT LIMITED TO, CLAIMS FOR CONTRIBUTION AND ATTORNEY’S FEES, DAMAGES, SUITS, LIABILITIES,

JUDGMENTS, AWARDS, COSTS, AND OTHER EXPENSES WHICH MAY BE ASSERTED BY THE RECEIVING

ORGANIZATION, A THIRD PARTY, ITS AGENT, HEIR, EXECUTOR, ASSIGN, OR ADMINISTRATOR FOR ANY

REASON OR CAUSE, INCLUDING, BUT NOT LIMITED TO, INJURY, DEATH, LOSS, PROPERTY DAMAGE OR THE

EFFECTS OF CONSEQUENCES THEREOF REGARDLESS OF WHETHER CAUSED, IN WHOLE OR IN PART, BY

THE NEGLIGENCE OR ACTS OR OMISSIONS OF THE CITY.

Reason animal was held:__________________________________________________________

Reason for transfer:____________________________________________________________________

Known medial / behavioral issues:_________________________________________________________

List of Medications being transferred with animal, if any:

_____________________________________________

_____________________________________________

_____________________________________________

Has this animal received any veterinary care? YES / NO (circle one)

If yes, what was the reason for medical care?________________________________________________

Veterinary Clinic:_______________________________________________________________________

Receiving Organization information:

_________________________________ ______________________________________ Representative Signature Representative Name (print) __________________________________ Date

Missouri City Animal Services (for office use only)

_________________________________ ____________________________________ Representative Signature Representative Name (print) _________________________________ Date


March 2018 83

APPENDIX D – FOSTER AGREEMENT & WAIVER

FOSTER AGREEMENT & WAIVER

First Name:

Last Name:

Address:

City: State: Zip:

Email:

Animal(s) Fostered (List by name and ID #) (hereinafter called “Fostered Animal(s)”):

1

2

3

4

I understand and agree that: 1. Any Fostered Animal(s) by the foster are the property of Missouri City Animal Services (MCAS).

_____________(initials) 2. If the Fostered Animal is in need of veterinary attention, shows any signs of illness, or is lost or

injured, I will contact the Missouri City Animal Service Manager or his/her designee immediately. _____________(initials)

3. I will provide food and fresh water to the Fostered Animal on a daily basis. _____________(initials) 4. If I am unable, or no longer want, to care for the Fostered Animal (s) I agree to contact the Missouri

City Animal Services Manager or his/her designee. I agree to drop the Fostered Animal(s) off at the Missouri City Animal Shelter. _____________(initials)

5. Missouri City Animal Services may remove the Fostered Animal (s) at any time. _____________(initials) 6. I will not allow the Fostered Animal(s) to be removed from the premises or give the Fostered Animal

(s) to any third party without prior approval from the MCAS Manager or his/her designee. _____________(initials)

7. The adoption of the Fostered Animal(s) into a permanent home will be in accordance with the Missouri City Animal Services policies. I understand that I may refer anyone interested in adopting the Fostered Animal(s) to the contact MCAS. _____________(initials)

8. I will make the Fostered Animal(s) available to adoption events. _____________(initials) 9. I will make the Fostered Animal(s) available to Missouri City Animal Services for all required

vaccinations. _____________(initials) 10. I will work with the Missouri City Animal Services Manager or his/her designee to get the Fostered

Animal(s) to the Vet office as required for illness, spay/neuter, vaccination, or injury. _____________(initials)

11. I am agreeable to utilize a kennel for confinement and/or training purposes. _____________(initials)

FOSTER AGREEMENT & WAIVER cont.

WAIVER - I understand that there is always a risk that the Fostered Animal(s) could harbor a contagious

illness. My animals are currently vaccinated and should they or a family member happen to become ill,

(allergies, etc.) as a result of my Fostered Animal(s), I hereby expressly agree that I (we) will not hold

MCAS financially or otherwise legally responsible. Although I also acknowledge that I also understand that

while MCAS takes every precaution to not place aggressive dogs in foster homes, that there is the risk that

a rescue dog could injure myself or others. I understand that if I witness any aggressive or other dangerous

behavior from my Fostered Animal(s) (or from any members of my own family or pets toward the

Fostered Animal(s)) that I will immediately notify MCAS Manager or his/her designee to have the Fostered

Animal(s) removed from the home. FOR AND IN CONSIDERATION OF THE OPPORTUNITY TO FOSTER THE

FOSTERED ANIMAL(S), FOR MYSELF AND ON BEHALF OF MY AGENTS, HEIRS, EXECUTORS, SUCCESSORS,

ASSIGNS, AND ADMINISTRATORS, I HEREBY RELEASE AND FOREVER DISCHARGE AND AGREE TO

INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF MISSOURI CITY, A MUNICIPAL CORPORATION

OF THE STATE OF TEXAS, ITS EMPLOYEES, OFFICERS, AND AGENTS, IN BOTH THEIR INDIVIDUAL AND

OFFICIAL CAPACITIES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “CITY”) OF, FROM, AND

AGAINST ANY AND ALL ACTIONS, CAUSES OF ACTION, ANY AND ALL CLAIMS OR DEMANDS OF EVERY

KIND AND CHARACTER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH

THE FOSTERING OF THE FOSTERED ANIMAL(S), INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR

CONTRIBUTION AND ATTORNEY’S FEES, DAMAGES, SUITS, LIABILITIES, JUDGMENTS, AWARDS, COSTS,

AND OTHER EXPENSES WHICH MAY BE ASSERTED BY A THIRD PARTY, ME, MY AGENT, HEIR, EXECUTOR,

ASSIGN, OR ADMINISTRATOR FOR ANY REASON OR CAUSE, INCLUDING, BUT NOT LIMITED TO, INJURY,

DEATH, LOSS, PROPERTY DAMAGE OR THE EFFECTS OF CONSEQUENCES THEREOF REGARDLESS OF

WHETHER CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR ACTS OR OMISSIONS OF THE CITY.

The terms of this Foster Agreement survive the expiration or termination of this Foster Agreement and

apply notwithstanding any contrary provision.

If any portion of this Foster Agreement is held invalid, the remaining provisions of this Foster Agreement

shall continue in full force and effect.

Signature

Name (print) Date

Missouri City Animal Services (for office use only)

Representative Signature

Representative Name (print) Date


March 2018 86

APPENDIX E – TRAP AGREEMENT

Missouri City Animal Services

Trap Agreement _____________________________________________________________

To Whom It May Concern:

I, _______________________________ am borrowing a cat/dog/squirrel (circle one) trap,

designated as Unit No. _________ (the “Trap”), from the City of Missouri City Animal Services.

I am responsible for the Trap, and agree to pay for any damages that may occur during my

possession.

If the Trap is stolen, I agree to pay the replacement cost as follows:

Cat - $60.00

Dog - $125.00

Squirrel - $60.00

I also agree to release all animals caught in the Trap to the City of Missouri City Animal

Services as soon as possible. Do not set the Trap on holidays.

I, ___________________, FOR AND IN CONSIDERATION OF THE OPPORTUNITY

TO BORROW A TRAP, FOR MYSELF AND ON BEHALF OF MY AGENTS, HEIRS,

EXECUTORS, SUCCESSORS, ASSIGNS, AND ADMINISTRATORS, HEREBY RELEASE

AND FOREVER DISCHARGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD

HARMLESS THE CITY OF MISSOURI CITY, A MUNICIPAL CORPORATION OF THE

STATE OF TEXAS, ITS EMPLOYEES, OFFICERS, AND AGENTS, IN BOTH THEIR

INDIVIDUAL AND OFFICIAL CAPACITIES (HEREINAFTER COLLECTIVELY

REFERRED TO AS THE “CITY”) OF, FROM, AND AGAINST ANY AND ALL ACTIONS,

CAUSES OF ACTION, ANY AND ALL CLAIMS OR DEMANDS OF EVERY KIND AND

CHARACTER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN

CONNECTION WITH BORROWING OF THE TRAP, INCLUDING, BUT NOT LIMITED

TO, CLAIMS FOR CONTRIBUTION AND ATTORNEYS FEES, DAMAGES, SUITS,

LIABILITIES, JUDGMENTS, AWARDS, COSTS, AND OTHER EXPENSES WHICH MAY

BE ASSERTED BY A THIRD PARTY, ME, MY AGENT, HEIR, EXECUTOR, ASSIGN, OR

ADMINISTRATOR FOR ANY REASON OR CAUSE, INCLUDING, BUT NOT LIMITED

TO, INJURY, DEATH, LOSS, PROPERTY DAMAGE OR THE EFFECTS OF

CONSEQUENCES THEREOF REGARDLESS OF WHETHER CAUSED, IN WHOLE OR IN

PART, BY THE NEGLIGENCE OR ACTS OR OMISSIONS OF THE CITY.

For Office Use Only

_________________________ _________________________

Officer Releasing Trap Trap #

1923 Scanlin Rd., Missouri City, Texas 77489- (281)-403-8707

The terms of this Trap Agreement survive the expiration or termination of this Trap Agreement

and apply notwithstanding any contrary provision.

If any portion of this Trap Agreement is held invalid, the remaining provisions of this Trap

Agreement shall continue in full force and effect.

________________________________ ______________________

Address Driver’s license

________________________________ ______________________

Home Phone Alt. Phone

________________________________ ______________________

Signature Date


March 2018 89

APPENDIX F – PERSONNEL POLICY

PERSONNEL POLICY

Adopted by the City Council of the City of Missouri City on July 17, 2017

Table of Contents

Chapter 1: INTRODUCTORY STATEMENTS.............................................................. 1

1.1 Objective ............................................................................................................... 1

1.2 Applicability and Effect ........................................................................................ 1

1.3 Division of Responsibility ..................................................................................... 1

1.4 At-Will Employment ............................................................................................. 2

1.5 Termination for Violation ..................................................................................... 2

1.6 Interpretation ......................................................................................................... 2

Chapter 2: EMPLOYMENT AND HIRING .................................................................... 2

2.1 Announcement of Vacancies ................................................................................. 2

2.2 Applications .......................................................................................................... 3

2.3 Examinations ......................................................................................................... 3

2.4 Nepotism ............................................................................................................... 3

2.5 Appointments ........................................................................................................ 4

2.5.1 Type ................................................................................................................. 4

2.5.2 Temporary Appointments ............................................................................... 5

2.6 Personnel Files ...................................................................................................... 5

2.7 Status Changes ...................................................................................................... 5

2.7.1 Temporary Promotions .................................................................................... 5

2.7.2 Transfers .......................................................................................................... 6

2.7.3 Non-disciplinary Demotions ........................................................................... 6

Chapter 3: EMPLOYEE CONDUCT .............................................................................. 6

3.1 Work Standards ..................................................................................................... 6

3.2 Work Emails .......................................................................................................... 6

3.3 Political Activity ................................................................................................... 7

3.3.1 Campaigning and Contributions ..................................................................... 7

3.3.2 Candidacy ........................................................................................................ 7

3.3.3 Forfeiture of Employment ............................................................................... 7

3.4 Solicitation ............................................................................................................ 7

3.5 Outside Employment ............................................................................................. 7

Revised July 2017 2

3.6 Physical Fitness ..................................................................................................... 8

3.7 Personal Appearance ............................................................................................. 8

3.8 Personal Obligations ............................................................................................. 8

3.9 Acceptance of Gifts ............................................................................................... 8

3.10 Use of City Equipment ...................................................................................... 8

3.11 Driver’s Licenses ............................................................................................... 9

3.12 Registered Sex Offenders .................................................................................. 9

Chapter 4: DISCRIMINATION AND HARASSMENT ................................................. 9

4.1 General Policy ....................................................................................................... 9

4.2 Sexual Harassment .............................................................................................. 10

4.3 Procedure ............................................................................................................. 10

4.3.1 Responsibility of Employees ......................................................................... 10

4.3.2 Investigation .................................................................................................. 11

4.4 Confidentiality ..................................................................................................... 11

4.5 Retaliation Prohibited .......................................................................................... 11

Chapter 5: COMPENSATION AND BENEFITS ......................................................... 12

5.1 Compensation and Classification ........................................................................ 12

5.2 Errors on Paychecks ............................................................................................ 12

5.3 General Guidelines for Compensation ................................................................ 12

5.3.1 Demotions ..................................................................................................... 12

5.3.2 Rehire ............................................................................................................ 12

5.3.3 Payroll ........................................................................................................... 13

5.4 Overtime, Call Outs, and Emergency Work ....................................................... 13

5.5 Salary Adjustments Related to Performance Evaluation .................................... 14

5.6 Benefits for Full-Time Employees ...................................................................... 15

5.7 Benefits for Temporary and Part-Time Employees ............................................ 15

5.8 Retirement Benefits ............................................................................................. 16

5.9 Longevity ............................................................................................................ 16

5.10 Salary Reserve ................................................................................................. 16

5.11 Employee Development and Educational Reimbursement ............................. 16

5.12 Business Reimbursements and Allowances .................................................... 17

5.13 Training Incentives .......................................................................................... 17

Revised July 2017 3

Chapter 6: PERFORMANCE MANAGEMENT ........................................................... 17

6.1 Performance Management Purpose ..................................................................... 17

6.2 Performance Evaluations..................................................................................... 17

6.2.1 Counseling ..................................................................................................... 18

6.2.2 Reconsideration ............................................................................................. 18

Chapter 7: ABSENCES FROM WORK ........................................................................ 18

7.1 Holidays .............................................................................................................. 18

7.2 Vacation .............................................................................................................. 19

7.3 Sick Leave ........................................................................................................... 21

7.4 Military Leave ..................................................................................................... 23

7.5 Funeral/Bereavement Leave ................................................................................ 23

7.6 Administrative Leave with Pay ........................................................................... 23

7.7 Administrative Leave Without Pay ..................................................................... 24

7.8 Absences in Excess of 120 Calendar Days ......................................................... 24

7.9 Absence Without Leave (Lost Time) .................................................................. 25

7.10 Occupational Injury Benefit Program.............................................................. 25

7.10.1 Responsibilities and Duties ......................................................................... 25

7.10.2 Salary-Continuation Benefits ...................................................................... 25

7.11 Nursing Mothers .............................................................................................. 27

Chapter 8: FAMILY MEDICAL LEAVE ACT ............................................................ 27

8.1 Definitions ........................................................................................................... 27

8.2 Eligibility ............................................................................................................. 28

8.3 Amount of Leave ................................................................................................. 28

8.3.1 12 Workweeks ............................................................................................... 28

8.3.2 26 Workweeks ............................................................................................... 28

8.3.3 Spouses .......................................................................................................... 28

8.3.4 Exhaustion of Paid Leave .............................................................................. 29

8.4 Requests for Leave .............................................................................................. 29

8.5 Leave Certification .............................................................................................. 29

8.6 Intermittent or Reduced-Leave Schedule ............................................................ 29

8.7 Health Benefits .................................................................................................... 30

Chapter 9: DRUG-FREE WORKPLACE ...................................................................... 30

Revised July 2017 4

9.1 Employee Responsibilities .................................................................................. 30

9.2 Pre-Employment Drug Screening ....................................................................... 31

9.3 Drug and Alcohol Screening for Current Employees ......................................... 31

9.3.1 Reasonable Suspicion .................................................................................... 31

9.3.2 Post-Accident Testing ................................................................................... 31

9.3.3 Random Testing ............................................................................................ 32

9.4 Management Responsibilities and Guidelines .................................................... 32

9.5 Drug and Alcohol Testing Procedures ................................................................ 32

9.5.1 Consent to Drug and Alcohol Testing ........................................................... 32

9.5.2 Testing Procedures ........................................................................................ 33

9.5.3 Drugs Included in Testing ............................................................................. 33

9.5.4 Laboratory Procedures .................................................................................. 33

9.5.5 Processing of Samples ................................................................................... 34

9.6 Privacy in Drug Testing ...................................................................................... 34

9.7 Confidentiality of Test Results ............................................................................ 34

9.8 Consequences of a Confirmed Positive Test Result ........................................... 34

9.9 Drug Policy Implementation ............................................................................... 35

9.9.1 Prior Notice of Testing Policy ....................................................................... 35

9.9.2 Use of Drug-Sniffing Dogs ........................................................................... 35

9.9.3 Disciplinary Action Notwithstanding Drug and Alcohol Testing ................. 35

9.9.4 Employee Assistance Program ...................................................................... 35

9.9.5 Exception for Police Department Training and Programs ............................ 35

Chapter 10: SMOKE-FREE WORKPLACE ................................................................. 36

10.1 Smoking Prohibition ........................................................................................ 36

10.2 Designated Smoking Areas and Notification of Policy ................................... 36

Chapter 11: DISCIPLINARY ACTION ........................................................................ 36

11.1 Disclaimer ........................................................................................................ 36

11.2 Grounds for Personnel Action ......................................................................... 36

11.3 Formal Disciplinary Action ............................................................................. 37

11.3.1 Written Reprimand ...................................................................................... 37

11.3.2 Suspension ................................................................................................... 37

11.3.3 Disciplinary Reduction in Pay..................................................................... 38

Revised July 2017 5

11.3.4 Disciplinary Demotion ................................................................................ 38

11.3.5 Dismissal ..................................................................................................... 38

Chapter 12: WORK SEPARATION .............................................................................. 38

12.1 Resignation ...................................................................................................... 38

12.2 Layoff .............................................................................................................. 38

12.3 Veterans ........................................................................................................... 38

12.4 Restoration of Seniority Credits ...................................................................... 38

12.5 City Property.................................................................................................... 39

Chapter 13: GRIEVANCES ........................................................................................... 39

13.1 Grievance Report ............................................................................................. 39

13.2 Supervisory Consideration .............................................................................. 39

13.3 City Manager Consideration ............................................................................ 40

ACKNOWLEDGEMENT OF PERSONNEL POLICY .................................................. 41

Revised July 2017 1

CHAPTER 1: INTRODUCTORY STATEMENTS

1.1 Objective

The objective of this Personnel Policy is to help foster an environment that:

a. promotes and increases efficiency, responsiveness to the public, and economy in

City service;

b. provides equal opportunities for qualified persons to enter and progress in City

service in a manner based on merit and fitness as ascertained through practical

personnel management methods;

c. maintains recruitment and advancement practices that enhance the attractiveness of

a City career and encourage each employee to give his best effort to the City and

the public; and

d. maintains consistent, up-to-date position classification and compensation plans

based on the essential functions of jobs in City service.

1.2 Applicability and Effect

Except as set forth in an employment agreement authorized by the City Council of the City

of Missouri City, this Personnel Policy applies to all employees of the City of Missouri City, Texas

(the “City”). The purpose of this Personnel Policy is to provide general information and guidelines

for your employment. This Personnel Policy does not state the essential terms of an agreement

between the City and its employees for the provision of goods or services. THIS PERSONNEL

POLICY DOES NOT CONFER ANY CONTRACTUAL RIGHTS TO EMPLOYEES. THE

POLICIES AND PROCEDURES SET FORTH IN THIS DOCUMENT MAY BE

DEVIATED OR DEPARTED FROM BY THE CITY, AND THE CITY RESERVES THE

RIGHT TO AMEND, MAKE EXCEPTIONS TO, INTERPRET, AND APPLY ANY OF ITS

POLICIES AND POLICY PROVISIONS IN ITS SOLE DISCRETION.

Additionally, the policies and procedures set forth in this document are not intended to

cover every aspect or situation that might occur. Please consult with your supervisor should you

have any questions. All City employees shall be informed of the existence of this Personnel Policy.

Each department shall keep a copy available for reference by its employees. Other employment

policies may also be applicable to your employment. Such policies may be obtained from the city

secretary’s office or the Human Resources and Organizational Development (“HR”) office.

1.3 Division of Responsibility

With the exception of matters reserved to City Council, the general and final authority for

personnel management rests with the City Manager. Each supervisor is responsible for enforcing

the provisions of this Personnel Policy and any related policies and procedures within his

department or division.

Revised July 2017 2

1.4 At-Will Employment

This Personnel Policy is a general, but non-comprehensive guideline for procedures

between the City and its employees. Neither this Personnel Policy nor any other document confers

any contractual right, either express or implied, to remain in the City’s employ. Nor does it

guarantee any fixed terms or conditions of your employment. EMPLOYEES OF THE CITY

SHALL BE HIRED FOR AN INDEFINITE TERM. THE CITY AND THE EMPLOYEE

BOTH RETAIN THE RIGHT TO TERMINATE THE EMPLOYMENT AND

COMPENSATION AT WILL AT ANY TIME WITH OR WITHOUT CAUSE, AND WITH

OR WITHOUT NOTICE. THE CITY ALSO RETAINS THE RIGHT TO CHANGE ANY

TERMS, CONDITIONS, BENEFITS, OR PRIVILEGES OF EMPLOYMENT AT ANY

TIME WITHOUT NOTICE. NO CITY EMPLOYEE OR REPRESENTATIVE HAS THE

AUTHORITY TO GUARANTEE YOUR EMPLOYMENT FOR ANY SPECIFIC PERIOD

OF TIME.

1.5 Termination for Violation

Employees of the City have no property right in their employment and may be dismissed

with or without cause and with or without notice. FURTHERMORE, THE VIOLATION OF

ANY PROVISION OF THIS PERSONNEL POLICY MAY SUBJECT AN EMPLOYEE

TO DISCIPLINARY ACTION, UP TO, AND INCLUDING, TERMINATION OF

EMPLOYMENT.

1.6 Interpretation

For purposes of this Policy, any reference to the masculine gender shall include the

feminine gender. Pronouns such as “he” and “his” are used throughout the Policy solely for

purposes of brevity.

For purposes of this Policy, “Department Director” is defined to include the members of

the City’s Leadership Team, as such members may be designated by the City Manager, except that

the City Manager and Assistant City Managers shall not be included unless serving as directors of

City offices or departments.

CHAPTER 2: EMPLOYMENT AND HIRING

2.1 Announcement of Vacancies

The Director of Human Resources and Organizational Development (the “HR Director”)

will announce by appropriate means all vacancies to be filled (other than vacancies due to

administrative transfer or temporary promotion) and shall maintain a list of announced vacancies

for public inspection.

Each announcement, insofar as practicable, will specify the title, salary, and nature of the

job; the required qualifications; whether competition is open to the general public or restricted to

Revised July 2017 3

City employees; the type of selection procedure to be utilized; and the deadline for and method of

application. Each announcement will contain a statement affirming the City’s commitment to a

policy of equal employment opportunities.

It is the City’s policy to hire the most qualified candidates for open positions. The City

reserves the right to advertise a vacant position internally prior to or simultaneously with

advertising publicly.

2.2 Applications

Applications for initial employment, promotion, and transfer shall be submitted in writing,

and a failure to submit such application will be construed as a lack of interest in the position. Only

applications officially received in the prescribed manner shall be considered. All information

submitted in connection with applying for City positions is subject to verification. Any omission

or false representation found to be on an employment application may result in the rejection of the

application or, if the applicant is hired, disciplinary action, up to, and including, termination of

employment.

The appropriate Department Director, with concurrence of the City Manager or his

designee, shall determine the most appropriate means of evaluating applicants against job

requirements to identify the best qualified candidates. Reference checks, interviews, examinations,

background checks, performance tests, written tests, and/or other screening procedures may be

used as appropriate and as allowed under state and federal law.

Applicants shall be required to provide any information and undergo any examinations

necessary to demonstrate compliance with prescribed qualification requirements for the position

involved.

2.3 Examinations

A person promoted, reinstated, or selected for initial appointment may be required to

undergo an examination at City expense by a competent professional selected by the City.

Promotion and employment shall be contingent upon successful completion of the examination in

relation to the standards of fitness required for the position involved. The City Manager, acting on

information provided by personnel, shall be the final authority in determining suitability for

employment.

With the approval of the City Manager, a Department Director may require that a current

employee successfully undergo an examination to determine fitness for continued employment or

additional or different duties.

2.4 Nepotism

The employment of any person in any position will be prohibited if such person is a

member of another employee’s family and one employee would be in a supervisory capacity over

Revised July 2017 4

the other. For the purposes of this section, “family” shall include an employee’s spouse and the

following relatives, whether related by blood, marriage or adoption: children, grandchildren,

siblings, parents, grandparents, uncles, aunts, nephews, nieces and first cousins. For the purposes

of this section, “supervise” shall include, but shall not be limited to, authority to assign, evaluate,

or reward.

During the course of employment should any two employees become related, both will be

permitted to continue working for the City provided one does not routinely work in a supervisory

relationship over the other. Should two employees become related and there exists a supervisory

relationship between the two, the City may, but is not obligated to, find a suitable position within

the City to which one of the employees may transfer.

The City shall not employ any person having kinship within the second degree by blood or

marriage or within the third degree by blood to the Mayor, members of the City Council, or the

City Manager. Additionally, no confirmation of appointment or employment may be given where

such kinship exists. A relationship of the second degree includes the employee’s spouse, children,

grandchildren, siblings, parents, and grandparents. A relation of the third degree includes the same

relations of the second degree in addition to the employee’s great grandchildren, great

grandparents, nephews, nieces, uncles and aunts. This paragraph shall not apply to any person

employed in or appointed to a position for more than 2 years.

Department Directors may impose additional nepotism rules with the approval of the City

Manager. Violation of departmental nepotism rules may subject employees to disciplinary action.

2.5 Appointments

Except as otherwise provided by Charter or ordinance, the appointing authority for all City

positions shall be the City Manager. Appointments shall be made based on the qualifications of

applicants as ascertained through practical selection methods. THIS SECTION DOES NOT

CONFER ANY CONTRACTUAL RIGHTS TO EMPLOYEES. THE POLICIES AND

PROCEDURES SET FORTH IN THIS SECTION MAY BE DEVIATED OR DEPARTED

FROM BY THE CITY, AND THE CITY RESERVES THE RIGHT TO AMEND, MAKE

EXCEPTIONS TO, INTERPRET, AND APPLY ANY OF ITS POLICIES AND POLICY

PROVISIONS IN ITS SOLE DISCRETION.

2.5.1 Type

Appointments shall be designated either regular or temporary and either full-time or part-

time. A limited term regular appointment may be made in unusual circumstances.

Full-time positions typically require an average of 40 hours of work per week; however,

full-time positions providing sleeping time during a duty shift require an average of 53 hours of

work per week. Part-time positions are positions that require less than 30 hours of work per week.

Revised July 2017 5

2.5.2 Temporary Appointments

Whenever there is a need for the services of personnel who are not otherwise available, the

City Manager may authorize immediate and temporary appointment of such personnel without

regard to normal recruitment and selection requirements until a permanent appointment can be

made.

2.6 Personnel Files

Under the direction of the City Manager, the HR Director shall maintain official personnel

files for all City employees. Employees should be aware that pursuant to the Texas Public

Information Act, much personal information is deemed open and accessible to the public, except

as otherwise provided by law.

Employees must notify HR of any changes that would impact benefits or payroll status,

including a change in home address or telephone number, a change in marital status or in the

number of dependents, a change of insurance beneficiary, a change in the number of exemptions

claimed for income tax purposes, and/or a legal change of name.

An employee’s medical records shall be maintained in a file separate from his personnel

file. Information about a medical condition, medical history, requests for reasonable

accommodation due to a disability, and requests for Family and Medical Leave shall be

confidential and shall not be divulged or used except where consistent with or required by existing

state and federal law.

2.7 Status Changes

Department Directors shall report changes in personnel status of their employees to the HR

Director in accordance with procedures approved by the City Manager. THIS SECTION DOES

NOT CONFER ANY CONTRACTUAL RIGHTS TO EMPLOYEES. THE POLICIES AND

PROCEDURES SET FORTH IN THIS SECTION MAY BE DEVIATED OR DEPARTED




2.7.1 Temporary Promotions

The City Manager may authorize a temporary promotion to ensure the proper performance

of City functions if a position is vacant or if its regular incumbent is absent. Employees so

promoted may be additionally compensated for the duration of their temporary assignments.

Authorized additional compensation shall be paid only in cases of formal temporary promotion

effected in accordance with these rules and in accordance with existing law, but the employee shall

not acquire any other status or rights in the classes to which temporarily promoted. Nothing herein

shall be construed to prevent the assignment of higher-level duties to an employee without

Revised July 2017 6

additional compensation. Temporary promotions shall not be used to circumvent normal selection

procedures.

2.7.2 Transfers

A transfer is the assignment of an employee from a position within one job title to a position

within another job title. A transfer not involving promotion or demotion may be effected upon

approval by the appropriate Department Director, provided that the employee is qualified to

perform the duties of the position to which transfer is contemplated. Transfers may be made

administratively or in conjunction with an announced selection process. Transfers between

departments shall become effective following approval by the City Manager.

2.7.3 Non-disciplinary Demotions

A demotion is the assignment of an employee from a position in one class to a position in

another class having a lower maximum salary. With the approval of the Department Director, and

if qualified to perform the duties of the lower level position, an employee may be administratively

demoted at his own request or when the City so desires. Such demotions shall not be considered

disciplinary actions, nor shall they disqualify the employee involved from consideration for later

advancement. Demotions effected as alternatives to layoffs may be fully or partially rescinded at

any time.

CHAPTER 3: EMPLOYEE CONDUCT

3.1 Work Standards

It shall be the duty of each employee to maintain high standards of cooperation, efficiency,

professionalism, and economy in his work for the City. Department Directors shall organize and

direct the work of their departments to achieve these objectives. If the work habits, attitude,

production, or personal conduct of an employee fall below appropriate standards, counseling and

warning the employee may precede formal disciplinary action, but nothing herein shall prevent

immediate formal action.

3.2 Work Emails

All employees are required to use their City-issued email accounts to conduct City

business. Employees are specifically prohibited from using their personal email accounts to

conduct City business. If any City-business email gets sent to an employee’s personal email

account, the employee must immediately forward the email to the employee’s City-issued email

account and conduct any further City-business using the City-issued email account. Employees

should be aware that any email containing City business is subject to the Texas Public Information

Act, even if it was sent or received on the employee’s personal email account.

Revised July 2017 7

3.3 Political Activity

3.3.1 Campaigning and Contributions

Except as may be otherwise provided by law, the following restrictions on political activity

shall apply to City employees:

a. City employees shall not use working hours or City property to solicit or receive

any subscription, contributions, or political service, or to circulate any petition or

campaign literature on behalf of any candidate for public office.

b. No appointive officer or employee of the City shall make a contribution to the

campaign fund of any person seeking election to a City office, nor shall he be

solicited for this purpose, but his right to express an opinion or to cast a vote as a

citizen shall not be limited.

3.3.2 Candidacy

Prior to becoming a candidate in an election for public office, an employee of the City shall

notify the City Manager of such pending candidacy and shall execute a code of conduct

commitment.

3.3.3 Forfeiture of Employment

If an employee shall be elected to the office of Mayor or for any place on City Council,

such election shall constitute a forfeiture of employment with the City to be effective as of the date

of the election.

3.4 Solicitation

Solicitation of funds or anything of value for any lawful purpose may be permitted of or

by City employees on the job if approved by the City Manager. No employee may be required to

make any contribution nor may an employee be penalized in any way in connection with his

employment as a result of his response to a solicitation.

3.5 Outside Employment

An employee shall not engage in outside employment, including self-employment, and

shall not perform volunteer work where such employment or volunteer work would constitute a

conflict of interest or would adversely affect the employee’s performance in City service. Outside

employment must be reported to, and approved in writing by, the appropriate Department Director

or the City Manager or his designee, as appropriate. Additionally, the Department Director shall

file the document approving the outside employment in the employee’s personnel file with HR.

Department Directors may impose additional department rules requiring that volunteer work be

reported to and approved by the Department Director.

Revised July 2017 8

3.6 Physical Fitness

It shall be the responsibility of each employee to maintain the standard of physical fitness

required for performing the essential functions of his job. The City from time to time may sponsor

an Employee Wellness Program or similar program designed to encourage employees to be more

health conscious and to live happier and healthier lifestyles. The City encourages all eligible

employees to participate in such programs; however, participation is strictly voluntary and

participation (or lack thereof) will not impact any performance evaluation.

3.7 Personal Appearance

All employees, regardless of work location and degree of public contact, are expected to

dress appropriately and in good taste and are expected to maintain a good general appearance at

all times. Supervisors are responsible for ensuring compliance with this section.

3.8 Personal Obligations

All employees are expected to keep their personal affairs in good order. An employee’s

personal affairs that impede job performance may constitute a basis for disciplinary action.

3.9 Acceptance of Gifts

An employee is prohibited from soliciting, accepting or agreeing to accept any gift for

himself or his family or friends, which is attributable in whole or in part to his association with the

City. This includes gifts of money, property, service or other things of value from any source

except by or through the City’s compensation plan and benefits accruing to an employee under

this Personnel Policy.

The prohibition of the acceptance of gifts does not apply to anything intended to benefit

the City at large, such as requests for free easements, park sites, or foundation grants. Secondly,

the prohibition of acceptance of gifts does not include small perishable items, reasonable business

lunches, and small office supply advertisement tokens. Where possible, such gifts shall be made

available for the enjoyment of all the employees of that particular department or division.

Nothing required herein shall be construed to permit what is otherwise prohibited behavior

under current law or to authorize acceptance of any gift that may give an appearance of

impropriety.

3.10 Use of City Equipment

From time to time, employees may be required or authorized to use equipment during the

performance of their jobs with the City. Although the nature and proper use of the equipment may

vary depending on the piece of equipment and the City’s needs, any employee entrusted or

authorized to use or operate equipment is responsible for ensuring its safe and proper use.

Revised July 2017 9

This includes ensuring the safety of the employee and the general public, the safekeeping

of the equipment, and the use of the equipment in accordance with City directives and other

applicable laws, rules and regulations. The City may impose additional restrictions to ensure the

safe and proper operation of specific kinds of equipment that is in keeping with this Section, taking

into consideration the nature of the particular equipment and the needs of the City. For purposes

of this Section, equipment is to be interpreted broadly and includes motor vehicles, computers, fire

apparatus, and office equipment.

From time to time an employee may be authorized or required to use wireless

communication devices. Employees using wireless communication devices shall operate,

including looking and touching, such equipment only under conditions when it is safe and proper

to do so and in accordance with other applicable laws, rules and regulations. Specific examples of

operation that may be unsafe include operation of wireless communication devices while operating

a moving motor vehicle or when otherwise involved in an activity that requires the employee’s

full attention.

3.11 Driver’s Licenses

Employees who drive on City business at any time must maintain a valid Texas driver’s

license and valid evidence of financial responsibility (i.e. liability insurance) at all times. Such

employees must notify their immediate supervisors of any changes in the status or validity of their

driver’s licenses and financial responsibility coverage.

3.12 Registered Sex Offenders

All City positions may involve interaction with members of the public, including certain

vulnerable populations. If, at any time during the employment, the City becomes aware that an

employee is or should be listed on the Texas Public Sex Offender Registry, or any other sex

offender registry, the City may reassign or terminate that employee.

CHAPTER 4: DISCRIMINATION AND HARASSMENT

4.1 General Policy

The City provides equal employment opportunities for all employees and prospective

employees. The City will not discriminate in its personnel practices on the basis of race, sex, color,

national origin, age, disability, genetic information, or religion.

The City prohibits unlawful harassment in the workplace. This means that harassment by

means of verbal or physical conduct that singles out, denigrates, or shows hostility or aversion

toward someone on the basis of race, color, religion, age, gender, national origin, disability, genetic

information, or any other legally protected characteristic, is strictly prohibited. Harassment can

include offensive jokes, slurs, epithets or name calling, physical assaults, or threats. While on duty

or on the City premises, employees shall not discriminate against or harass any other person,

including coworkers, vendors, patrons, and members of the public.

Revised July 2017 10

4.2 Sexual Harassment

Sexual harassment is one type of harassment and is defined by the Equal Employment

Opportunity Commission as “unwelcome sexual advances, requests for sexual favors, and other

verbal or physical conduct of a sexual nature when submission to the conduct enters into

employment decisions and/or the conduct unreasonably interferes with an individual’s work

performance or creates an intimidating, hostile or offensive work environment.”

Examples of behavior that may be considered sexual harassment include, but are not

limited to, the following:

a. Sexual advances, defined as any invitation, no matter how blatant or subtle, that is intended to result in coerced sexual intercourse;

b. Requests for sexual favors; c. Sexually explicit comments, or vulgar or demeaning comments based on gender,

such as describing a person’s body; d. Sexually explicit jokes or innuendoes; e. Displaying offensive calendars, magazines or posters; f. Suggestive or insulting sounds; g. Leering; h. Making obscene gestures; i. Causing unwelcome physical contact; j. Spreading rumors about a person’s sex life; k. Blocking a person’s path or otherwise invading a person’s body space; l. Revealing parts of the body in violation of common decency;

m. Referring to someone in demeaning terms; n. Purposefully brushing up against a person; and o. Any other similar activity.

All forms of behavior of these types are prohibited, even if such behavior does not rise to

the legal definition of sexual harassment.

4.3 Procedure

4.3.1 Responsibility of Employees

Any employee who is subject to, a witness to, or becomes aware of any conduct that might

be considered a violation of the protections in this policy (including discrimination, harassment,

or retaliation) must report the incident in a timely manner. The employee should make the report

to (1) the employee’s immediate supervisor, (2) the employee’s Department Director, (3) the HR

Director, (4) the City Manager, or (5) the Mayor. Employees have the right to bypass the chain of

command in selecting which person to whom to make a complaint. Informing the person alleged

to be violating the policy that the conduct is unwelcome does not constitute a report under this

Section. If the person alleged to be violating the policy is one of the persons listed above, the

employee must notify a different person in the list so that the matter is appropriately addressed.

An employee should not assume that others who witnessed the conduct will know that the conduct


is unwelcome and report it in accordance with this Section. Employees must therefore report the

conduct regardless of whether or not any other employees were witnesses. Employees should be

prepared to provide the following information in connection with the complaint:

a. The employee’s name and position title; b. The name(s) of the person or persons committing the violation, including their

titles (if known); c. The specific nature of the violation, how long it has gone on, and any employment

action (demotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against the employee as a result of the behavior, or any other threats made against the employee as a result of the behavior;

d. Names of witnesses to the violation; and e. Whether the employee has previously reported such violation and, if so, when and

to whom.

Employees are not only encouraged to report instances of violations of this policy, they are

obligated to do so. Employees are obligated to cooperate in every aspect of an investigation under

this policy, including, but not limited to, coming forward with any relevant evidence, answering

questions of an investigator, and fully and truthfully making a written report when required to do

so by an investigator.

4.3.2 Investigation

After an incident described by this policy has been reported, HR will coordinate with the

City Manager. The City Manager may delegate the investigation to another City employee or to

an independent contractor at his discretion. In the event the complaint is against the City Manager,

the Mayor shall delegate the investigation to a City employee or to an independent contractor. An

investigation shall be conducted, and when appropriate, local law enforcement officials will be

involved to ensure the safety of employees. An employee who is found to have engaged in conduct

in violation of this policy is subject to appropriate disciplinary action, including termination of

employment. A written record of all disciplinary action taken, including, but not limited to a verbal

reprimand, shall be kept in the employee’s personnel file.

4.4 Confidentiality

Staff will strive to maintain the confidentiality of a complaint as much as possible.

However, absolute confidentiality cannot be promised.

4.5 Retaliation Prohibited

Retaliation is an adverse employment action, such as a decision related to the promotion,

transfer, compensation, terms, conditions or privileges of employment, against an individual for

certain conduct. Retaliation in any form against an employee for making a good faith charge or

report of prohibited conduct under this policy, or for assisting in an investigation, is strictly


prohibited. Employees must immediately report acts of retaliation using the procedure set forth in

subsection 4.3.1 of this Section.

CHAPTER 5: COMPENSATION AND BENEFITS

For purposes of this chapter, “full-time” and “part-time” positions mean those terms as

described in subsection 2.5.1 of this Personnel Policy. THIS CHAPTER DOES NOT CONFER

ANY CONTRACTUAL RIGHTS TO EMPLOYEES. THE POLICIES AND

PROCEDURES SET FORTH IN THIS CHAPTER MAY BE DEVIATED OR DEPARTED




5.1 Compensation and Classification

The City Manager shall direct the preparation and administration of a compensation and

classification plan for City service based on an analysis of the duties and responsibilities of

positions. Positions shall be allocated to appropriate classes based on compensable factors. No

City employee or representative has the authority to orally promise an employee a bonus, raise, or

other change in the employee’s compensation package. The City will not honor any compensation

promises made under such circumstances.

5.2 Errors on Paychecks

Employees should examine each paycheck and direct deposit notice. If an employee

believes there is an error in his pay, including, but not limited to, a deduction that has been

incorrectly assessed, the employee should promptly report the matter to his supervisor, who shall

coordinate with HR and the Finance Department. The City will not retaliate against an employee

for making such a report in good faith, and encourages employees to do so.

5.3 General Guidelines for Compensation

5.3.1 Demotions

If an employee is demoted or transferred from a higher paying position to a lower paying

position as reflected in the pay plan, the employee’s new salary will be recommended by the

Department Director and approved by the City Manager, or determined by the City Manager in

cases where the employee reports directly to the City Manager, within the range set forth in the

pay plan for such new position. In the case of a demotion, the new salary within the lower pay

range must be lower than the employee’s current salary.

5.3.2 Rehire

A former employee who is rehired pursuant to provisions of these rules shall be

compensated within the approved range for the new position.


5.3.3 Payroll

Employees are paid on a bi-weekly basis.

5.4 Overtime, Call Outs, and Emergency Work

5.4.1 Overtime

From time to time, the City may order an employee to work overtime as allowed by law.

A non-exempt employee shall receive overtime compensation for time worked in excess of 40

hours in one workweek as required by the Fair Labor Standards Act and other applicable laws,

rules and regulations; except that a non-exempt employee whose position provides for sleeping

time during a shift shall receive overtime compensation for time worked in excess of 181.33 hours

during a 24-day cycle. An employee must secure approval from his supervisor, Department

Director, or designated representative prior to working in excess of scheduled hours. Failure to

work overtime when ordered or failure to secure approval prior to working overtime may subject

an employee to disciplinary action. In receiving overtime compensation, a nonexempt employee

may elect to receive either overtime pay or compensatory time at a rate of one and a half times the

employee’s regular hourly rate. Furthermore, non-exempt employees must keep accurate time

records and must not work “off the clock” under any circumstances. Employees should

immediately report any effort by a supervisor or any other person to participate in, encourage, or

permit any employee to work “off the clock.”

An employee may make or change an election for overtime compensation on January 1 or

July 1 of each year or upon a change in employment status by the City. The maximum accrual of

compensatory time a nonexempt employee may maintain is 80 hours. If an employee has elected

to accrue compensatory time in lieu of overtime pay and has reached 80 hours of accrued

compensatory time, the employee will receive overtime pay for work in excess of 40 hours in a

workweek; until the employee’s compensatory time account falls below 80 hours.

All employees who are compensated on a salary, rather than hourly basis, are paid their

salary for all hours worked during the work week, regardless of the actual number of hours worked.

Department Directors set the workweek for employees in accordance with the needs of the

department and in accordance with administrative procedures, if any, established by the City

Manager or his designee. Employees that are considered exempt employees pursuant to the Fair

Labor Standards Act do not receive any extra pay for hours worked beyond the normal workweek.

A regular, full-time nonexempt employee who is directed to work and does work on an

official holiday may elect to either be paid for the time worked at the regular rate in addition to

regular pay, or to accrue holiday time. A regular, full-time nonexempt employee whose regularly

scheduled day off falls on an official City holiday may elect either to be paid at the regular rate, or

to accrue holiday time to be used at a later date.

AS PER SUBSECTION 5.2 HEREIN, IF AN EMPLOYEE BELIEVES THAT HE

HAS BEEN PAID OR COMPENSATED FOR OVERTIME INCORRECTLY, THE


EMPLOYEE SHOULD IMMEDIATELY REPORT THE ALLEGED ERROR TO HIS

SUPERVISOR WHO SHALL COORDINATE WITH HR AND THE FINANCE

DEPARTMENT.

5.4.2 Callouts

From time to time, a supervisor, Department Director, or the City Manager or his designee

may call an employee in to work before or after the employee’s scheduled shift. For callouts

involving work before or after a non-exempt employee’s shift in circumstances other than declared

disasters or emergencies, employees will be credited with a minimum of 2 hours of work.

5.4.3 Emergencies

In the event of a declared disaster or emergency, employees shall report to work as directed

by the City Manager or his designee. Employees should be aware that this means that they may be

called to work outside of regular working hours. The City Manager or his designee will be

responsible for tracking nonexempt employee overtime costs generated as a result of or related to

a declared disaster or emergency. Such costs shall be subject to reimbursement in accordance with

law by the appropriate local, state or federal agency. Employees will continue to be compensated

by the City as required by the Fair Labor Standards Act and other applicable laws, rules and

regulations during the emergency or disaster.

5.5 Salary Adjustments Related to Performance Evaluation

After a performance evaluation, the City Manager may, but is not required to, increase the

salary for the evaluated employee, provided that any increase shall be within the limits established

by City Council and imposed by the City’s Budget. Notwithstanding any other provision in this

Personnel Policy, no employee shall receive a salary increase that causes the employee’s salary to

exceed the maximum salary range in the City’s approved pay structures. In the event that market

adjustments and performance evaluation increases would result in an annual salary for an

employee that exceeds the maximum salary of the given range for such employee’s position, the

City Manager may award such employee a one-time, lump sum amount that may be up to the total

of the difference between the maximum salary of the existing range and salary adjustment which

the employee would have received based on the market adjustment and performance evaluation

rating. The City will not add the difference to the annual salary as no salaries will exceed the

maximum of any range.

Based on present or projected budget limitations, funding availability or fiscal restrictions,

the City Manager may, with the approval of the City Council, (1) award a one-time, lump sum

payment to eligible employees, in lieu of a salary increase, for market or performance adjustments,

or (2) impose a freeze on salary adjustments altogether. Upon conclusion of any such freeze, all of

an employee’s evaluations during the freeze period will be considered when establishing the

subsequent merit pay increase, if any, as determined by the City Manager.


5.6 Benefits for Full-Time Employees

This Section is designed to summarize the benefits offered to City employees, but it is not

comprehensive. Furthermore, all benefits are subject to change from time to time and benefits

described in this policy may be modified or discontinued at the City’s discretion. For questions

related to benefits, please contact HR.

Benefits are provided (or not provided) to each type of employee in accordance with

applicable law. Eligible employees may receive insurance and retirement benefits as prescribed in

the applicable programs and as approved by City Council. Booklets and such other additional

information regarding these programs, such as eligibility, coverage, and cost are available through

HR. Eligibility for participation in any benefit plan is governed by the terms of the plan document

in question.

Benefits that may be available to eligible employees include health, dental, vision,

disability and life insurance coverage. Some of these benefits may also be available to the spouses

and dependents of eligible employees under terms and conditions that may or may not be different

from those available to other eligible employees or former eligible employees.

Certain health insurance coverage may be available to certain existing retirees and certain

eligible departing employees in accordance with applicable laws and as set out in this paragraph.

During Calendar Year 2009 and Calendar Year 2010, the City shall contribute for a qualifying

employee employed by the City prior to September 21, 2009, who retires at 65 years of age or

more, who has accrued at least 10 years of service with the City, and who is not employed by

another employer that offers insurance, 100 percent of the portion of the premium the City pays

for employees, spouses and dependents. The City shall make the same percentage of premium

contribution for existing retirees who receive health insurance benefits and who retired at 65 years

of age or more and with at least 10 years of service with the City. For Calendar Year 2011 and

thereafter, for the two above-referenced categories of retirees, the City shall contribute 100 percent

of the portion of the premium the City pays for employees only and shall make no contributions

toward spouse and dependent coverage. The City shall provide health insurance benefits in

accordance with applicable law for any employee employed by the City on or before September

21, 2009, who subsequently retires from City service, provided such employee is not employed by

another employer that offers insurance.

5.7 Benefits for Temporary and Part-Time Employees

Temporary and part-time employees are not eligible for health, dental, vision, disability, or

life insurance coverage. Temporary and part-time employees are not entitled to any other City

benefits, including, but not limited to, longevity pay and the salary reserve payment, except that

any part-time employee whose position normally requires services from the person for not less

than 1,000 hours a year shall participate in the City’s retirement program, as required by law.

Workers hired through temporary agencies are employees of those agencies and are not

employees of the City, and thus, are not entitled to benefits.


5.8 Retirement Benefits

The City of Missouri City is a member of the Texas Municipal Retirement System

(“TMRS”), which provides certain retirement benefits for eligible City employees. TMRS requires

a mandatory contribution of the salary of certain employees, which will be deducted from the

compensation paid for each pay period. Retirement benefits are calculated on the combined

contributions of the employee and the City. Additional information regarding benefits to eligible

retiring employees is available by contacting HR.

5.9 Longevity

Regular full-time employees shall be paid four dollars ($4.00) per month for each year of

service to the City, not to exceed 25 years. Regular part-time and temporary employees shall not

accrue nor be paid longevity pay.

5.10 Salary Reserve

City Council will determine from year to year, when the budget is passed, whether or not

to make a salary reserve payment to employees. If City Council approves the salary reserve

payment, all regular, full-time employees are eligible to receive a percentage of the employee’s

current monthly base salary as of the date the salary reserve payment is received. Employees must

be employed with the City on such payment date to be eligible to receive this salary reserve

payment. Employees working one year or more as of the date the salary reserve payment is

received will receive the full amount of the reserve payment described above. Employees working

less than one year will be paid pro-rata for the number of months employed by the City prior to

the date the reserve payment is made.

5.11 Employee Development and Educational Reimbursement

In order to provide more effective and efficient service delivery, the City encourages, and

may sometimes require, employees to attend workshops, seminars, training sessions, or classroom

instruction aimed at increasing their professional knowledge and ability. Should the City require

an employee to attend a workshop, seminar or training session, the City will pay 100% of the costs

of registration fees related to the course before or at the start of the course. All courses, seminars

and professional training sessions will be attended with the prior approval of the employee’s

supervisor and Department Director, in consultation with the City Manager.

Should a full-time employee request to attend a job-related course (or course required to

complete a job-related degree) or seminar that will provide sufficient short-term or long-term

benefits, as determined by the City, the City may supplement costs associated with such course as

provided in a procedural document prepared by the City Manager and administered by HR. If an

employee receives financial assistance from a source outside of the City for such course or training,

such assistance must first be applied to the employee’s expenses. Any employee who receives or

attempts to receive a reimbursement for expenses that have been paid for from outside sources

may be subject to disciplinary action.


5.12 Business Reimbursements and Allowances

The City may reimburse officials and employees for reasonable and allowable business

expenses personally incurred, such as travel and meals, and may provide allowances for expenses

such as car, cellular phone and data devices. Certain employees may be provided gear, uniforms

and/or equipment at City cost to assist employees in carrying out their duties. The specific

reimbursements, allowance amounts, and provisions, and the rules and procedures for securing

such reimbursements, allowances, and provisions shall be set forth in administrative procedures

administered by the City Manager or his designee.

5.13 Training Incentives

Unless waived by the City Manager, police officers and firefighters are required to have

their basic certificate prior to hire. To encourage continuing education in one or both fields, sworn

fire and police personnel may be paid incentives above their normal salary in accordance with

existing law and may be paid additional incentives as may, from time to time, be determined.

CHAPTER 6: PERFORMANCE MANAGEMENT

6.1 Performance Management Purpose

The City will establish a performance management system. Performance management will

help supervisors and employees measure how well work is being performed and will provide tools

for employee development and management decisions, including, but not limited to, decisions

regarding compensation, training, assignment, promotion and retention.

6.2 Performance Evaluations

It is the policy of the City that all full-time employees will receive an annual written

performance evaluation. Department Directors, managers, and supervisors are responsible for

initiating, managing, and completing performance evaluations, including required quarterly

“touchpoints.” The annual written performance evaluation will:

a. align annual individual goals with unit, division and departmental goals;

b. elicit process improvement ideas;

c. coach, mentor and promote individual and professional development;

d. connect individuals with organizational and business priorities;

e. provide opportunities for coaching and mentoring; and

f. provide a review of the City’s Code of Ideals.


6.2.1 Counseling

Supervisors or Department Directors shall provide full-time employees with copies of their

own performance evaluation reports. Supervisors shall individually discuss the reports with the

employees and shall counsel them regarding their careers and any improvements in performance

that appear desirable or necessary. Employees may be required to attend counseling sessions

through the City’s Employee Assistance Program or with other counselors provided by the City.

Where an employee’s performance has been found to be below expectations, the employee

may be subject to disciplinary action, up to, and including, termination of employment. The

supervisor or Department Director may, but is not required to, counsel the employee regarding

performance, provide the employee with written notification of the reasons his performance has

been judged substandard, and outline specific ways and means of correcting performance problems

by way of a performance improvement plan.

6.2.2 Reconsideration

Employees dissatisfied with their performance evaluations may seek reconsideration by

using established grievance procedures.

CHAPTER 7: ABSENCES FROM WORK

Employees shall be at their places of work in accordance with City and departmental

policies and regulations. Department Directors shall establish work schedules in accordance with

administrative procedures, if any, established by the City Manager or his designee and shall

maintain daily attendance records. An employee’s workweek need not be the same as the calendar

week. The workweek may begin on any day of the week and at any hour of the day. The workweek

shall be established by the Department Director and changes may be made only upon the

Department Director’s approval. An employee who fails to report, is habitually tardy, leaves the

workplace without proper authorization, or misuses leave may be subject to disciplinary action.

7.1 Holidays

New Year’s Day, Martin Luther King Jr. Day, Good Friday, Memorial Day, Independence

Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve, Christmas

Day, and one additional floating holiday shall be observed as official holidays for City employees

in accordance with the following rules:

a. Only regular, full-time employees shall receive paid holidays.

b. As many employees as possible shall be given each holiday off consistent with the

maintenance of essential City functions.

c. Full-time regular employees, part-time and temporary employees may be granted

unpaid holidays upon approval of their Department Director.

d. The time of day that an official holiday begins for an employee is the normal time

the employee is to report to work on such official holiday. For employees


participating in a non-traditional work schedule (i.e. 4/10), holiday hours will

accrue at the same hourly rate as the rate for employees on a traditional work

schedule.

e. An employee on leave of absence without pay status on the holiday or on the

scheduled workday immediately preceding or following the holiday shall not

accrue holiday time nor receive pay for the holiday.

f. With approval of the Department Director, an employee may take up to three days

off for the purpose of observing religious holidays. The employee may take time

off without pay or use accrued vacation, holiday, or compensatory leave.

g. If a holiday falls on Saturday, the preceding Friday shall be observed, and if a

holiday falls on Sunday, the following Monday shall be observed.

h. The maximum accrual of holiday time an employee may maintain is 132 hours.

7.2 Vacation

7.2.1 Employees Other Than Certain Police and Fire Department employees

Except as provided below (for members of the Police or Fire Departments), regular full-

time employees shall earn vacation leave as follows:

7.2.2 Police and Fire Department Employees

Regular full-time employees who are members of the Police or Fire Departments, as

defined under Section 142.010 of the Texas Local Government Code, as such code may be

amended, who have been in said departments for at least one full year shall earn vacation leave as

follows:

Service With City

Vacation Days*

Hours Earned Per Month

Hours Worked Per Workweek Hours Earned

0-5 years 10 40 6.66 53 10.00

6 years 11 40 7.33 53 11.00

7 years 12 40 8.00 53 12.00

8 years 13 40 8.66 53 13.00

9 years 14 40 9.33 53 14.00

10-14 years 15 40 10.00 53 15.00

15 years and over 16 40 10.66 53 16.00


*For those persons working a 24-hour shift, which includes sleeping time, each 24-hour

shift shall be considered to be made up of two, 12-hour days.

7.2.3 Administration of Vacation Leave

Vacation leave shall be administered according to the following rules:

a. Only regular, full-time employees shall accrue vacation leave.

b. An employee’s hire date shall be recorded as the anniversary date for the purpose

of vacation accrual.

c. The maximum accrual an employee may maintain is equal to, but not greater than,

two (2) times his annual rate. Employees shall be encouraged to use a substantial

portion of their vacation leave each year.

d. An employee who accrues the maximum vacation leave allowed shall not accrue

additional vacation until that employee uses a portion of the accrued vacation time.

e. No vacation leave shall be allowed unless previously approved by the Department

Director. Department Directors shall schedule or approve vacations giving due

consideration to the needs of the City and the interests of the employee.

f. Employees who are separated from City service for any reason shall be paid for any

accrued, unused vacation leave up to, but not greater than, the maximum vacation

accrual leave.

g. Vacation leave may be taken in one-hour increments if so authorized by the

Department Director or his designee.

h. Vacation leave shall be charged only for time during which the employee would

ordinarily have worked. For example, City holidays will not be charged against

vacation time.

i. Employees being laterally transferred, promoted or demoted shall retain accrued

vacation leave.

j. Vacation leave shall not be advanced to employees except with the approval of the

City Manager.

k. Vacation leave credits are not transferable between employees.

l. An employee under suspension, or on leave without pay, shall not accrue vacation

leave.

Service With City

Vacation Days*



Less than 1 year 10 40 6.66 53 10.00

1-14 years 15 40 10.00 53 15.00

15 years and over 16 40 10.66 53 16.00


7.3 Sick Leave

7.3.1 Applicability

Sick leave is paid time away from work due to a bona fide illness or injury that prevents

an employee from working, for medical visits, or to care for certain family members who are ill or

injured. An employee to whom this section applies may use sick leave to care for his child, spouse

or parent. A child of an employee is a biological, adopted, or foster child; a stepchild; a legal ward;

or a child of a person standing “in loco parentis.” A spouse is a person legally married to the

employee under federal law. A parent of an employee is a biological parent or an individual who

stands “in loco parentis” to the employee.

Regular, full-time employees shall earn sick leave as follows:

7.3.2 Administration of Sick Leave

Sick leave shall be administered according to the following rules:

a. Only regular, full-time employees shall accrue sick leave.

b. On January 1 of each year, the first six months’ worth of sick leave will be set aside

from the major illness sick leave account for annual short-term sick leave. For new

employees or employees who do not have at least six months’ worth of sick leave

accumulated, the first six months of sick leave accumulated will be used as short-

term sick leave. On December 31 of each year, if an employee has used one short-

term sick leave day or more, up to a maximum of six, the short-term sick leave

account shall be replenished from the major illness leave account so that up to six

days of sick leave are available at the beginning of each calendar year.

c. If more than six days of short-term sick leave are taken during the year, additional

days off must come from accumulated vacation days, compensatory time, or

holiday time. Authorized use of major illness leave begins with the fourth

consecutive working day of absence due to sickness. However, the short-term sick

leave account will not be replenished once time is deducted from the major illness

account.

d. An employee who has 300 or more hours of major illness leave accumulated and

has used his or her six short-term sick leave days for the year, has the option of

using hours accumulated from his or her major illness sick leave account instead of

using vacation, compensatory time, or holiday time for an illness. Should the

employee’s major illness sick leave fall below 300 hours, he or she no longer has



40 8.00 53 12.00


this option except upon City Manager approval—he or she must use his or her

vacation, compensatory time, merit reward time, or holiday time for an illness.

e. Should an employee be out for an illness and return to work and the same illness

then continues (within a reasonable period of time), the Department Director may

authorize continued use of major-illness sick leave with no break in usage. The

time worked between the original illness and the reoccurrence will not be deducted

from sick leave but counted as actual time worked.

f. Sick leave time shall not be used for attending funerals or for any other activity not

expressly permitted in this Personnel Policy.

g. Employees will not be permitted to engage in any employment or business outside

of their regular City duties from the time they give notice of sick leave until such

time as they have returned to work in their respective City departments, divisions,

or offices unless the employee has prior approval from the employee’s Department

Director.

h. An employee out on sick leave, either for himself or to care for an ill family

member, must report to his supervisor on a regular basis as determined by the

supervisor in order to be kept advised as to a return-to-work date.

i. Accumulation of major illness sick leave credits for use during employment shall

be unlimited. However, there is a maximum of 120 calendar days that can be

expended for any one illness or injury. After that period of time, an employee may

be placed on administrative leave without pay and may apply for long term

disability.

j. Sick leave credits will not be restored upon rehire. Employees shall not receive any

pay or other compensation either for, or in lieu of, accrued sick leave time upon any

type of employment termination except as otherwise authorized in this section.

k. The City Manager, Department Director, or Department Director’s designee may

request and obtain verification of the circumstances surrounding any use of sick

leave. Failure to provide verification upon request may subject an employee to

disciplinary action, up to, and including, termination of employment.

l. Notwithstanding any other provision of this Policy, after the exhaustion of sick

leave within a year, additional leave must come from accumulated vacation days,

compensatory time, or holiday time. Pay shall be discontinued when all

accumulated leave is exhausted.

m. An employee who becomes ill or injured during a vacation may request that the

vacation be terminated and the time of the illness or injury be charged to sick leave.

n. Sick leave credits are not transferable between employees.

o. Part-time and temporary employees shall not accrue sick leave.

p. Falsely claiming sick leave or failing to provide requested medical verification may

result in disciplinary action up to and including termination of employment.

q. Upon retirement from the City, employees will be paid for 25% of accumulated

major illness sick leave exceeding sixty working days, up to a total of thirty days.


r. Sick leave may be taken in increments equivalent to one hour of work because of

illness, injury, legal quarantine, or routine health care appointments, which cannot

reasonably be scheduled outside of working hours.

s. The City reserves the right to have a physician, appointed by the City, to render a

decision (second opinion) as to whether an employee is able to return to work—

either in a full-duty or a light-duty status. If it is determined that an employee is not

able to perform his normal job but the employee is able to perform a lighter duty

job, it will be at the City’s discretion as to whether the employee is to be placed on

sick leave or to return to work on a light-duty status.

t. If an employee is released to a light duty status, the employee may be placed in

another position or department to perform a light duty job. If the employee works

in a light duty status for more than 90 days, the employee’s salary may be reduced

if the light duty position is in a lower pay range.

7.4 Military Leave

The City provides leave and associated benefits in compliance with the Uniformed Services

Employment and Reemployment Rights Act (USERRA) and other applicable federal and state

laws. An employee should contact HR as soon as practicable prior to taking military leave to

determine applicable responsibilities and procedures.

7.5 Funeral/Bereavement Leave

A Department Director may grant a regular full-time employee under his supervision up to

three (3) days of leave with pay in the event of a death within the employee’s immediate family,

provided that the employee’s request complies with this subsection and is adequately supported

by appropriate documentation. In this subsection, the phrase, “immediate family” means an

employee’s father, father-in-law, mother, mother-in-law, sister, brother, spouse, child, step-child,

grandparent, or grandchild. If requested by the employee, the City Manager may grant additional

leave, which may be taken as leave without pay or, if available, holiday leave or vacation leave, in

cases involving extenuating circumstances or extreme traveling distances.

Part-time and temporary employees may be granted not more than three (3) days of leave

without pay in the event of a death within the employee’s immediate family. If requested by the

employee, the City Manager may grant additional leave without pay in cases involving extenuating

circumstances or extreme traveling distances.

Department Directors and the City Manager must document any type of leave granted for

a funeral or bereavement and must submit such documentation to HR within 7 days of the date

such leave is granted for placement and retention in the employee’s personnel file.

7.6 Administrative Leave with Pay

A regular, full-time employee ordered not to report to work or who cannot report to work

because of inclement weather or disaster may be granted administrative leave with pay by the City


Manager. All employees shall be granted sufficient administrative leave with pay, when necessary,

in order to vote in an official election. All employees called for jury service shall be granted

administrative leave with pay during such service and shall retain any fees paid by the courts.

Employees excused or released from jury service shall report to their workstations in accordance

with departmental instructions. With the approval of the City Manager, a Department Director may

grant an employee administrative leave with pay for purposes of attending a professional

conference, convention, training activity, legislative proceeding, civic function or meeting, or for

the purpose of coordinating with governmental and private agencies and entities in the interest of

the City. Administrative leave with pay shall only be provided in the amount of time the employee

was scheduled to work.

7.7 Administrative Leave Without Pay

For circumstances not falling within other provisions of this Personnel Policy, the City

Manager may authorize an employee to take administrative leave without pay under such terms

and conditions as may be determined by the City Manager. Administrative leave without pay may

be authorized for up to 6 months. No benefits will be provided to an employee while on

administrative leave without pay except any insurance coverage, in effect and under the terms and

conditions offered during such administrative leave without pay. Such insurance coverage will be

provided to the employee by the City for up to 6 months. Sick leave, vacation time, holiday time,

and longevity will not accrue while the employee is out on administrative leave without pay.

Should an employee return to work, accruals for sick leave, vacation time, holiday time, longevity,

and other benefits shall resume accruing at the same rate as when the employee began the

administrative leave without pay.

Except as provided in Chapter 7, the City may or may not hold the employee’s position

open during his administrative leave without pay. If the City does hold a position during an

employee’s administrative leave without pay, at the City’s option, the employee may return to his

former position, or he may be placed in a similar position.

If an employee is unable to return to work at the end of 6 months, or is terminated, the

employee may elect to continue his health and dental insurance coverage under the provisions of

the Consolidated Omnibus Reconciliation Act of 1985 (“COBRA”). The employee will be

responsible for the premium and any other related fees for the coverage. COBRA payments are

due the first of each month and are to be submitted to the insurance carrier.

7.8 Absences in Excess of 120 Calendar Days

After the expiration of 120 calendar days following any continuous absence due to any

reason, an employee may be placed on administrative leave without pay under such terms and

conditions as may be determined by the City Manager, and, if applicable, may apply for long-term

disability.


7.9 Absence Without Leave (Lost Time)

An employee failing to report for duty or remain at work as scheduled without proper

notification, authorization or excuse shall be considered absent without leave, and shall not be in

pay status for the time involved. Absence without leave constitutes abandonment of duties, which

may result in dismissal. If an employee is absent for 3 days without notifying his supervisor, the

City may assume that the employee has quit and the employment relationship may be terminated.

7.10 Occupational Injury Benefit Program

The purpose of this Section is to establish employee benefits for those individuals who

receive occupational injuries and to define a process for administering the Worker’s Compensation

Program for the City of Missouri City.

7.10.1 Responsibilities and Duties

Accident Review Committee: The City may form an Accident Review Committee

comprised of members from several City Departments who will review and investigate any work-

related injury or occupational disease claimed or suspected.

Finance Department: The Finance Department shall be responsible for overall supervision,

coordination and instruction in execution of the City’s Workers’ Compensation Program. All

questions relative to the specific application of the Workers’ Compensation Act should be directed

to the Finance Director or to the HR Director.

Department Directors: Department Directors may implement safety guidelines and

policies applicable to their departments. Each Department Director should see that all occupational

injuries are immediately reported to the HR Director. A delay in reporting accidents may cause a

delay in the payment of applicable benefits or may result in disallowance of benefits. To the fullest

possible extent, Department Directors should arrange for personal contact with all employees who

suffer major lost time injuries. Contact should be made, if possible, no later than 48 hours after the

initial report of injury. Department Directors shall review all accident reports, may review

recommendations of the Accident Committee, if any, and shall take appropriate corrective action

to minimize the likelihood of reoccurrence of such accidents.

Individual Employees: An injured employee must immediately notify his supervisor when

accidents occur, who, in turn, will notify his supervisor up through the chain of command to the

Department Director.

7.10.2 Salary-Continuation Benefits

In addition to the benefits prescribed under the Workers’ Compensation Act, an injured

employee unable to work in any available position may receive a salary-continuation benefit in

accordance with the terms and conditions set forth herein. An employee must have accrued sick

leave or other accrued leave to be eligible to receive the salary-continuation benefit.


The salary-continuation benefit payments shall result in a deduction of accrued sick leave

or other accrued leave. The increments by which an employee’s accrued sick leave or other leave

is deducted shall be as set forth herein. The monetary amount of the salary-continuation benefit

per pay period shall be calculated as follows: net pay (salary) before the injury minus the workers’

compensation benefit payment amount which corresponds to such pay period equals the amount

of the salary-continuation benefit for that period. The salary-continuation benefit payments shall

result in a deduction to the employee’s accrued sick leave or other accrued leave as follows: the

salary-continuation benefit payment paid divided by the employee’s hourly rate equals the sick

leave or other leave hours to be deducted for the benefit payment. In no circumstances shall the

paragraph above be construed so as to make the salary-continuation benefit exceed the difference

between the level of income benefit payments and the employee’s net pre-injury wage. The salary-

continuation benefit shall cease after the expiration of 120 calendar days from the date of first

absence from work due to the work related injury.

Salary continuation and/or sick leave benefits may be withdrawn if:

a. The accident is not reported within twenty-four hours, unless the employee

is unable to comply due to his work-related injury or occupational disease.

b. The employee does not promptly submit to an examination(s) by a

physician(s) of the City’s choice.

c. The employee is awarded disability retirement.

d. The employee is found to be working.

e. The employee resigns, is terminated from City employment or is placed on

administrative leave without pay.

f. The employee will not agree to perform light, partial or part-time City work

as authorized by a physician and as requested by the City.

g. If the employee fails, refuses to comply with, or disregards the treating

physician’s instructions regarding treatment.

h. The employee misrepresents his physical condition as other than in fact it

is.

i. The employee fails to return to regular or partial duty after he has been

released for regular or partial-duty by a physician.

j. The employee fails to notify the City of a previous medical problem, which

is aggravated by duties while in the employment of the City.

k. The employee refuses to supply medical reports or other information

relating to the injury, when requested by the City or fails to report weekly

to his supervisor and the HR Director.

In the event an employee develops a serious health condition, as defined herein, as a result

of an occupation injury, the employee may be eligible for family medical leave if he is otherwise

qualified under the provisions of the Family Medical Leave Act.


7.11 Nursing Mothers

In accordance with the Patient Protection and Affordable Care Act, Title IV, Section 4207

(29 U.S.C. § 207(r)(1)) and Section 619.003 of the Texas Government Code, the City Manager

prepared and the Human Resources and Organizational Development Department administers a

policy to accommodate the expression of breast milk during a work day by employees who are

nursing mothers. Employees may contact HR for information regarding the City’s policy.

CHAPTER 8: FAMILY MEDICAL LEAVE ACT

The Family and Medical Leave Act (“FMLA”), as codified in the United States Code, Title

29, Chapter 28, Sections 2601-2654, requires covered employers to provide eligible employees

with up to 12 weeks per year of unpaid leave, with protection of the employee’s job and continued

medical benefits, for certain qualifying conditions. The purpose of this Section is to provide

employees with a general description of FMLA rules. In the event that a term is undefined herein,

the meaning of that term under federal law shall apply. In the event of any conflict between this

Section and the applicable law, employees will be afforded all rights required by law. For more

information or for questions related to FMLA, contact HR.

8.1 Definitions

For purposes of this Section, the following words have the following meanings:

a. Child means a biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in the position of a parent who is (a) under 18 years of age or (b) 18 years of age or older and incapable of self-care because of a mental or physical disability.

b. Covered military member means the employee’s spouse, son, daughter, or parent on

active duty or call to active duty status.

c. Covered service member means a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty.

d. Health Care Provider means a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or any other health care provider as defined by the FMLA.

e. Parent means biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child.

f. Reduced Leave-Schedule means a leave schedule that lowers the usual number of hours per workweek, or hours per workday, of an employee.


g. Serious Health Condition means that term as defined by the FMLA.

h. Spouse means that term as defined by federal law.

8.2 Eligibility

Employees who have been employed for at least 12 months, worked at least 1,250 hours

during the preceding 12-month period, and work at a location where at least 50 employees are

employed at the location or within 75 miles of the location, are generally eligible for FMLA leave.

FMLA is unpaid leave that runs concurrently with other types of leave, such as sick leave, vacation

leave, short-term disability, and worker’s compensation.

8.3 Amount of Leave

8.3.1 12 Workweeks

Eligible employees are entitled to 12 workweeks of unpaid leave in a rolling 12-month

period for:

a. the birth of a child and to care for the newborn child within one year of birth; b. the placement with the employee of a child for adoption or foster care and to care

for the newly placed child within one year of placement; c. to care for the employee’s spouse, child, or parent who has a serious health

condition; d. a serious health condition that makes the employee unable to perform the essential

functions of his job; and e. any qualifying exigency arising out of the fact that the employee’s spouse, son,

daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation.

8.3.2 26 Workweeks

Eligible employees are entitled to 26 workweeks of unpaid leave during a single 12-month

period to care for a covered servicemember with a serious injury or illness if the eligible employee

is the servicemember’s spouse, son, daughter, parent, or next of kin.

8.3.3 Spouses

If husband and wife are both employed by the City and are eligible to take FMLA leave,

they are limited to a combined total of 12 workweeks of leave during any 12-month period for

leave taken under subsections 8.3.1(a)-(c) of this Section.


8.3.4 Exhaustion of Paid Leave

An employee who takes FMLA leave must substitute and exhaust accrued sick leave,

vacation leave and holiday leave, as part of the 12-week or 26-week entitlement periods before

beginning leave without pay status. An employee may elect to substitute accrued compensatory

time as part of the 12-week or 26-week entitlement periods.

When an employee is on FMLA leave without pay, vacation leave, sick leave, holiday

leave, and longevity will not accrue. Should an employee return to work, accruals for vacation,

sick leave, longevity and other benefits, except for health benefits which are addressed elsewhere

in this Section, will begin accruing at the same benefit rate as when the employee began his FMLA

leave without pay.

8.4 Requests for Leave

Whenever leave is taken or anticipated to be taken that may be subject to the FMLA, the

employee should fill out a FMLA leave request form. When the need for leave is foreseeable, the

employee must provide the City with at least 30 days advanced written notice. When an employee

becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide

notice as soon as practicable. Employees must give the City sufficient information for it to make

a determination as to whether the employee’s absence is FMLA-qualifying. Employees shall not

be retaliated against for requesting or taking FMLA leave. Employees should report any alleged

retaliation to HR immediately.

8.5 Leave Certification

The City may require FMLA leave to be supported by a certification issued by the health

care provider of the employee or the child, spouse, parent, or next of kin of the employee. A

certification must be furnished within 15 calendar days of the request for such certification or as

soon as is practicable to HR. The Department Director shall be notified when such certification is

received by the City and of the length, terms and conditions of the leave necessitated by the FMLA

qualifying reason. The City may require a second or third medical opinion (at the City’s expense).

Employees may be asked to periodically recertify the need for FMLA. The recertification

must be provided within 15 days or as soon as practicable under the particular facts and

circumstances. The City will request recertification no more than every 30 days, but may request

recertification in less than 30 days if (1) the employee requests an extension of leave,

(2) circumstances described by the previous certification have changed significantly, or (3) the

City receives information that casts doubt upon the employee’s stated reason for the absence or

the continuing validity of the certification.

8.6 Intermittent or Reduced-Leave Schedule

An eligible employee may take FMLA leave on an intermittent or reduced-leave schedule

for a qualifying exigency if medically necessary for planned medical treatment only if approved


by the City Manager. Employees needing intermittent leave or leave on a reduced-leave schedule

for planned medical treatment must attempt to schedule their leave so as not to disrupt the City’s

operations. If an employee requests intermittent leave or leave on a reduced-leave schedule, the

City may require the employee to transfer temporarily to an available alternative position for which

the employee is qualified and that has equivalent pay and benefits and better accommodates

recurring periods of leave than the regular employment position of the employee.

8.7 Health Benefits

The City will provide health benefits to an employee while on FMLA leave at the level and

under the conditions benefits would have been provided if the employee had continued in

employment for the duration of the leave. The City may elect to recover the cost that the City paid

for the health benefits during the period of unpaid leave if the employee fails to return to work

after the period of leave to which the employee is entitled has expired.

CHAPTER 9: DRUG-FREE WORKPLACE

All employees of the City are required to refrain from the use of illegal drugs. Persons who

use illegal drugs, on or off duty, are not suitable for employment with the City. The use, possession,

or sale of illegal drugs by any employee, on or off duty, is strictly prohibited. Possession or use of

alcoholic beverages on City premises is prohibited except when specifically authorized as a

necessary job assignment, or at City-sponsored social or recreational functions approved by the

City Manager. Further, employees shall not be under the influence of alcohol or performance-

altering drugs while on duty or on call. All employees shall be aware that violation of this policy

can result in disciplinary action, up to, and including, dismissal. Any employee who learns or

suspects that another employee is in violation of any aspect of this policy shall immediately report

such violation to a supervisor.

An employee who uses or possesses illegal drugs while on duty, during working hours, or

on City property, is subject to immediate disciplinary action, up to and including dismissal.

Further, employees reasonably suspected to be under the influence of alcohol or drugs shall be

prevented from engaging in further work of any sort and may be subjected to immediate testing in

accordance with the procedures set forth in this Section.

9.1 Employee Responsibilities

All employees must:

a. not report to work or be “on call” while his ability to perform job duties is impaired due to

alcohol or drug use, on or off duty;

b. not possess or use alcohol or drugs during working hours, on breaks, during meal periods

or while operating any City vehicle or equipment, except when specifically authorized as

a necessary job assignment or as otherwise allowed under this Section;

c. not directly or through a third party sell or provide drugs to any person or to any other

employee while either employee or both employees are on duty or “on-call”;


d. submit immediately to reasonable requests for alcohol and/or drug testing when requested

by a responsible City representative;

e. notify his supervisor, before beginning work, when taking any medications or drugs

(prescription or non-prescription) that may interfere with the safe and effective

performance of duties or operation of City equipment; and

f. provide, within 24 hours of request, a current valid prescription for any drug or medication

identified when a drug test is positive. The prescription must be in the employee’s name.

9.2 Pre-Employment Drug Screening

All applicants for employment by the City shall be required to undergo drug testing for the

presence of certain drugs after a contingent offer of employment is made. Applicants who refuse

to consent to drug screening will not be considered for employment. An applicant who has a

positive test result after an initial drug test and a confirmatory test shall not be eligible for hire by

the City until the expiration of one year from the date of testing. An applicant who has tested

positive shall be eligible to reapply for City employment upon the expiration of such one year

period; provided however, that the applicant shall be subject to retesting prior to employment.

9.3 Drug and Alcohol Screening for Current Employees

9.3.1 Reasonable Suspicion

The City may require an employee to undergo drug and/or alcohol testing if there is a

reasonable suspicion that the employee is under the influence of drugs or alcohol during working

hours. “Reasonable suspicion” means an articulable belief based on specific facts and reasonable

inferences drawn from those facts that an employee is under the influence of drugs or alcohol.

Circumstances that constitute a basis for determining “reasonable suspicion” may include, but are

not limited to:

a. a pattern of abnormal, unusual, or erratic behavior;

b. information provided by a reliable and credible source;

c. possession of drugs or alcohol or direct observation of drug or alcohol use; or

d. presence of the physical symptoms of drug or alcohol use (i.e., glassy or bloodshot

eyes, alcohol odor on breath, slurred speech, poor coordination or reflexes).

9.3.2 Post-Accident Testing

An employee shall be required to submit to drug or alcohol testing, or both, when he is

involved in a work-related accident involving a fatality and there is a reasonable possibility that

drug use was a contributing factor or when he receives a citation under state or local law for a

moving traffic violation committed while working. This does not limit a supervisor’s ability to

otherwise require drug and/or alcohol testing of an employee after he is involved in a work-related

accident. An employee who refuses to consent to a drug and/or alcohol test when required under

this Section is subject to disciplinary action up to, and including, dismissal. The reasons for the

refusal shall be considered in determining the appropriate disciplinary action.


9.3.3 Random Testing

The City may require all of its employees in those departmental divisions that are subject

to the Omnibus Transportation Act of 1991 (the “Transportation Act”) to be randomly tested for

the presence of drugs or alcohol. Such random testing will be conducted in accordance with the

applicable federal rules and regulations pertaining to the Transportation Act. However, nothing in

this Section is intended to affect the City’s ability to implement other sections of this Policy, except

in the case of a direct conflict, in which case the Transportation Act and any rules and regulations

relating thereto shall prevail, and then, only to the extent of such conflict.

9.4 Management Responsibilities and Guidelines

Supervisors are responsible for consistent enforcement of this policy. Any supervisor who

knowingly permits a violation of this policy by an employee under his direct supervision shall be

subject to disciplinary action. Any supervisor requesting an employee under his supervision to

submit to a drug and/or alcohol test should immediately notify the Department Director or the City

Manager. Should the Department Director or the City Manager concur that there is a reasonable

suspicion that the employee is under the influence of drugs or alcohol, the following procedure

shall immediately be applied:

a. The City Manager, Department Director, or supervisor should document in writing

the facts constituting reasonable suspicion that the employee in question is

intoxicated or under the influence of drugs;

b. The supervisor requesting an employee to submit to a drug or alcohol test shall be

responsible for the employee’s transport to the drug and alcohol testing laboratory

where the drug or alcohol test will be performed; and

c. Any supervisor encountering an employee who refuses to submit to a drug or

alcohol test upon request shall remind the employee of the requirements and

consequences of this policy. Any employee refusing to submit to a drug or alcohol

test shall not be forced to submit to such testing. The supervisor should provide

transport for the employee to his home. The employee will be placed on

administrative leave without pay pending further disciplinary action.

9.5 Drug and Alcohol Testing Procedures

9.5.1 Consent to Drug and Alcohol Testing

Before a drug or alcohol test is administered, employees or applicants will be asked to sign

a consent form authorizing the test and permitting release of test results to City officials. The

consent form shall provide space for employees and applicants to acknowledge that they have been

notified of the City’s drug and alcohol testing policy. The consent form shall also set forth the

following information: (1) the procedure for confirming an initial positive test result; (2) the

consequences of a confirmed positive test result; and (3) the consequences of refusing to undergo

a drug test.


9.5.2 Testing Procedures

The initial drug screening shall utilize industry standard testing procedures, which shall be

administered at the City’s expense. An employee or job applicant whose drug test yields a positive

result shall be given a second test, at the City’s expense. The second test shall use a portion of the

same test sample withdrawn from the employee or applicant for use in the first test.

If the second test confirms the positive test result, the employee or applicant shall be

notified of the results in writing by the appropriate City representative using a standard form. The

letter of notification shall identify the particular substance found and its concentration level.

An employee or applicant whose second test confirms the original positive test result may,

at the employee’s or applicant’s own expense, have a third test conducted on the same sample at a

laboratory selected by the City that meets certain minimum criteria for drug testing.

The employee or applicant requesting a third test shall notify the City of such request in

writing within 3 working days of his receipt of the results of the second test.

9.5.3 Drugs Included in Testing

When drug or alcohol testing is required under the provisions of this policy, the test will

be given and may detect the presence of the following drugs: amphetamines/methamphetamines

(e.g. speed, crystal), benzodiazepines (e.g. Valium, Librium, Oxazepam, Serax, Dalmane, Ativan),

barbiturates (e.g. Amobarbital, Butabarbital, Pentobarbital, Phenobarbital, Secobarbital), cocaine,

propoxyphene, methodone, methaqualone (e.g. Quaalude), opiates (e.g. Codeine, Heroin,

Morphine, Hydromorphone, Hydrocodone), phencyclidine (PCP), THC (Marijuana), alcohol,

and any other controlled substances or substances that may be deemed controlled substances in the

future.

9.5.4 Laboratory Procedures

All drug and/or alcohol testing of employees and applicants shall be conducted at medical

facilities or laboratories selected by the City. A medical facility or laboratory must maintain written

procedures approved by the City that will be used to maintain test samples. These procedures shall,

at a minimum, include:

a. testing procedures that ensure privacy to employees and applicants, consistent with

the prevention of tampering;

b. methods of analysis that ensure reliable test results, including the use of industry

standard procedures to confirm positive test results;

c. chain-of-custody procedures that ensure proper identification, labeling, and

handling of test samples; and

d. retention and storage procedures that ensure reliable results on confirmatory tests

of original samples.


At the test site, the employee or applicant will be given a form on which he may list any

medications he has taken or any other legitimate reasons for his having been exposed to drugs

within the previous 30 days.

9.5.5 Processing of Samples

Upon receipt of the sample from the employee, the individual supervising the testing will

test the temperature of the urine and initiate the processing of the sample. The sample shall be

sealed by the employee and the individual supervising the testing will sign the sealed sample. The

sample will be labeled with a control number and the date and time the specimen was obtained and

kept in a secured refrigerated atmosphere until tested. The seal will only be broken by the

individual performing the analysis. In order to protect the chain of custody, any person handling

the sample must sign for it.

9.6 Privacy in Drug Testing

Urine samples shall be provided in a restroom stall or similar enclosure so that employees

and applicants may have privacy while providing the sample. Street clothes, bags, brief cases,

purses, and other containers may not be carried into the test area. The water in the commode may

be colored with blue dye to protect against dilution of test samples.

9.7 Confidentiality of Test Results

Unless otherwise allowed or required by law, all information from an employee’s or

applicant’s drug or alcohol test is confidential and only those with a need to know are to be

informed of test results. Disclosure of test results to any other person, agency, or organization is

prohibited unless written authorization is obtained from the employee. All records relating to the

taking of a drug or alcohol test or the order to take a drug or alcohol test shall be deemed

confidential unless written authorization has been obtained from the employee or the records

become the subject of a judicial proceeding. All records relating to the taking or ordering of a drug

or alcohol test shall be kept by the HR Director in a separate file. The HR Director shall implement

procedures to prevent the unauthorized distribution of the results of or the order to take a drug or

alcohol test. Notwithstanding the foregoing, the City is subject to the Texas Public Information

Act and will disclose information in accordance with the law.

The results of a positive drug or alcohol test shall not be released until the results are

confirmed. The records of unconfirmed positive test results and negative test results shall be

handled in accordance with all applicable laws and regulations.

9.8 Consequences of a Confirmed Positive Test Result

If an employee’s positive test result has been confirmed, the employee is subject to

disciplinary action, up to, and including, dismissal. Factors to be considered in determining the

appropriate disciplinary response include the employee’s work history, length of employment,

current job performance, and the existence of past disciplinary actions.


No disciplinary action will be taken against an employee solely for his voluntarily

identifying himself as a drug user or alcohol abuser, if such voluntary identification is made prior

to and apart from an incident giving rise to a circumstance that would constitute a basis for

administration of a drug test, the employee obtains counseling and rehabilitation through an

Employee Assistance Program (EAP) approved by the City Manager, consents to a program of

random drug and/or alcohol testing, and after such voluntary identification refrains from violating

the City’s policy on drug and alcohol abuse. Disciplinary action may, however, be taken against

such employee for other reasons.

9.9 Drug Policy Implementation

9.9.1 Prior Notice of Testing Policy

The City shall encourage its employees to become more knowledgeable about and make

available to all employees information about the dangers of drug use and alcohol abuse in the work

place. By acknowledging receipt of the Personnel Policy, the employee understands and agrees to

comply with the rules concerning drug and/or alcohol testing. Job applicants shall also be provided

written notice of this policy.

9.9.2 Use of Drug-Sniffing Dogs

The City may use properly trained and supervised drug-sniffing dogs to conduct

unannounced inspections of the property and facilities owned and operated by the City to detect

the presence of illegal drugs.

9.9.3 Disciplinary Action Notwithstanding Drug and Alcohol Testing

Nothing in this policy requires the City to undertake drug or alcohol testing, or both, as a

requisite to any disciplinary action or restricts the discretion of the City to proceed based solely on

evidence of behavior, personal observations, or other evidence customarily relied upon in

determining whether or not to take disciplinary action.

9.9.4 Employee Assistance Program

The City’s Employee Assistance Program (EAP) is available for alcohol abuse and drug

use treatment, and HR will make additional referral sources available upon request.

Disciplinary action based on a violation of the City’s drug and alcohol policy is not

automatically suspended by an employee’s participation in the EAP and may be imposed when

warranted by this policy or other appropriate authority. The City will participate in the cost of EAP

to the extent of coverage by the City’s Group Hospitalization Insurance Coverage.

9.9.5 Exception for Police Department Training and Programs

In the event that an employee participates in training or a program specifically authorized

by the City’s Chief of Police, the employee does not violate this Chapter for conduct required by


such participation, provided that the employee participates in accordance with the City’s guidelines

for participating in such training or program. Notwithstanding any other provision, such employee

may be subject to disciplinary action for conduct other than possessing or using alcohol or drugs,

including conduct associated with or arising out of his authorized possession or use of alcohol or

drugs under this subsection.

CHAPTER 10: SMOKE-FREE WORKPLACE

10.1 Smoking Prohibition

In order to protect the health and welfare of City employees and volunteers, as well as the

general public, all City-owned or operated buildings and facilities are declared “Smoke Free,”

thereby prohibiting the use or smoking of a burning tobacco product or e-cigarette, except as

otherwise set forth in this policy. This includes lobbies, waiting rooms, conference rooms, break

areas, work rooms and restrooms, but excludes City parks and other open air areas. Smoking is

also prohibited within 25 feet outside of entrances, exits, and wheelchair ramps serving any

entrance or exit; operable windows; and ventilation systems of enclosed areas where smoking is

prohibited. A City employee or volunteer shall not smoke or use a burning tobacco product or e-

cigarette when in contact with the general public on official business. The City Manager or his

designee will resolve any conflict resulting from this policy, and the determination made by same

shall be final.

10.2 Designated Smoking Areas and Notification of Policy

Outside smoking areas for employees and volunteers, away from the general view of the

public, may be provided by the City Manager or his designee for each building and facility. Signs

may be displayed at entrances to City buildings and other key areas stating that smoking is

prohibited.

CHAPTER 11: DISCIPLINARY ACTION

11.1 Disclaimer

EMPLOYEES OF THE CITY SERVE AT THE WILL OF THE CITY MANAGER

(OTHER THAN THE CITY SECRETARY AND THE CITY ATTORNEY, WHO SERVE

AT THE WILL OF THE CITY COUNCIL) AND HAVE NO PROPERTY RIGHT IN

THEIR EMPLOYMENT AND MAY BE DISMISSED WITH OR WITHOUT CAUSE AND

WITH OR WITHOUT NOTICE. This Section describes disciplinary procedures generally, but

the City reserves the right to combine or skip steps, or otherwise deviate or depart from these

procedures in any manner, on a case-by-case basis.

11.2 Grounds for Personnel Action

The City Manager, or his designee, may take disciplinary action against an employee.

Disciplinary action may be taken for conduct including, but not limited to, illegal, unethical,


abusive or unsafe acts; violation of City rules, regulations, policies or procedures, including this

Personnel Policy; insubordination; inefficiency; neglect or abandonment of duties; participation in

prohibited political activity or solicitation; abuse of leave or other benefits; tardiness or absence

without leave; falsification of official documents or records; using or being under the influence of

drugs or intoxicating beverages while on duty; waste, damage, or unauthorized use of City property

or supplies; unauthorized or improper use of official authority; on-duty or off-duty criminal

conduct; and any other conduct which, in the opinion of the City Manager, is detrimental to the

City. This is an illustrative list but does not include all reasons for disciplinary action against an

employee, as it is impossible to list every possible scenario.

The City Manager, or his designee, may take other disciplinary action against an employee

for unsatisfactory performance related to his job or position not directly due to a disciplinary

problem. For example, a job may grow to the point that the employee in the job is no longer capable

of performing the job in a fully satisfactory manner, or an employee may be promoted into a job

beyond the apparent capability of the employee to satisfactorily perform. Or, it may be determined

that an employee needs additional training or education before said employee can satisfactorily

perform in a job. Or, an employee may cease to satisfactorily perform a job after performing

satisfactorily for a time.

11.3 Formal Disciplinary Action

Formal disciplinary action shall include, but is not limited to, written reprimand, probation,

suspension, reduction in pay, demotion, and dismissal. Any of the foregoing types of formal

disciplinary action may be invoked for a particular deficiency or infraction, depending upon

circumstances, and may be combined. All formal disciplinary action shall be permanently noted

in the employee’s official personnel file. An employee may be notified at any time that he may be

dismissed or otherwise disciplined for further unsatisfactory performance and/or conduct. Nothing

herein shall prohibit the administration of informal disciplinary action, such as oral reprimands.

11.3.1 Written Reprimand

An employee may be reprimanded in writing. The written reprimand shall describe the

deficiency or infraction involved and may state the likely consequences of further unsatisfactory

performance or conduct.

11.3.2 Suspension

A Department Director may suspend an employee without pay for up to 30 calendar days

in one calendar year. A written notice of suspension shall be given to the employee that describes

the deficiency or infraction involved and may state the likely consequences of further

unsatisfactory performance or conduct.

When an employee is under investigation for a crime or official misconduct or is awaiting

a hearing or trial in a criminal matter, he may be suspended without pay for the duration of the


proceedings. If the investigation or proceedings clear the employee, he shall be eligible for

reinstatement under such terms and conditions as may be specified by the City Manager.

11.3.3 Disciplinary Reduction in Pay

An employee’s pay may be reduced within the range specified for his position in the City’s

compensation plan. A written notice of reduction in pay may be given to the employee that

describes the deficiency, infraction, or performance problem involved and may state the likely

consequences of further unsatisfactory performance or conduct. The imposition of a disciplinary

reduction in pay shall not disqualify such employee from consideration for later pay increases.

11.3.4 Disciplinary Demotion

An employee may be demoted. A written notice of demotion may be given to the employee

that describes the deficiency or infraction involved and may state the likely consequences of further

unsatisfactory performance and/or conduct. The reduction shall be noted in the employee’s official

personnel file, but the employee shall not be disqualified from consideration for later pay increases.

11.3.5 Dismissal

An employee may be dismissed from City service. A written notice of dismissal may be

given to the employee that describes the deficiency or infraction involved. If a written notice is

issued to the employee, the written notice shall be placed in the employee’s personnel file prior to

the closing of the file.

CHAPTER 12: WORK SEPARATION

12.1 Resignation

An employee may leave the City service in good standing by submitting his resignation at

least ten working days in advance of the work separation. The City Manager may waive any part

of or the entire notice period.

12.2 Layoff

An employee may be laid off because of changes in duties or organization or for lack of

work or funds. Layoffs shall not be considered disciplinary actions.

12.3 Veterans

Employees who left the City service to enter on duty with the armed forces of the United

States shall be eligible for reinstatement in accordance with the applicable state and federal laws.

12.4 Restoration of Seniority Credits

Restoration of seniority or service credits upon rehire shall be prohibited unless expressly

provided for in this Personnel Policy or by law.


12.5 City Property

Former employees that have exited City employment for any reason are not to be on City

property that is not open to the public after employment has ended unless escorted by a City

employee. Furthermore, employees must return any City property at the time of separation.

CHAPTER 13: GRIEVANCES

13.1 Grievance Report

An employee, other than a Department Director, an Assistant City Manager, or an

appointed official, who is formally disciplined or to whom other personnel action has been taken

may file a written grievance report as set forth herein. The report must be filed within 30 days of

the action at issue.

An employee must first report any grievance(s) to the employee’s supervisor. If the

employee needs assistance in putting the grievance(s) in writing at any point in the grievance

process, the employee may request assistance from his immediate supervisor or any supervisor in

his chain of command (other than the City Manager), and that assistance will be provided.

The grievance report should include the following information:

a. The employee’s name and position title;

b. The employee’s supervisor’s name and position title;

c. The specific basis for the employee’s grievance;

d. The employee’s desired outcome of the grievance report; and

e. Whether the employee has previously reported the grievance to anyone and if so,

when and to whom.

13.2 Supervisory Consideration

It is the supervisor’s responsibility to attempt to fairly settle the grievance(s). If the

supervisor cannot settle the grievance(s) or does not satisfy the employee to the employee’s

satisfaction, the employee may present the grievance(s) to the next supervisor in the employee’s

direct chain of command. The grievance must be presented in writing. If the employee does not

feel the grievance has been resolved, after proceeding through the chain of command, the employee

may present the grievance to the employee’s Department Director in writing.

Any supervisor responding to a grievance must give a written comment and

recommendation to the Department Director with a copy to the employee. The Department

Director shall consider the grievance(s) and shall meet with the employee to further clarify the

grievance(s) if necessary. The Department Director shall give a decision in writing.


13.3 City Manager Consideration

If the Department Director’s decision is not acceptable to the employee, the employee may

present the grievance(s) to the City Manager. This must be done in writing. The City Manager will

conduct such additional fact-finding as he considers appropriate and will give a decision in writing.

The City Manager shall have the absolute authority to approve, disapprove, modify or rescind any

disciplinary action taken or proposed. The City Manager’s decision shall be final and binding on

all parties concerned.

Notwithstanding any of the foregoing, the City Manager may, at his discretion, consider

hearing a written grievance(s) that comes directly to him from an employee, giving due

consideration to the sensitivity of the grievance, the employment history of the aggrieved party,

the need for a timely decision, and other relevant factors. If the City Manager elects not to hear a

grievance that comes directly to him from an employee, the employee shall be allowed to proceed

through the chain of command where he left off as specified by this policy.


YOU MUST RETURN THIS SIGNED ACKNOWLEDGEMENT TO YOUR

SUPERVISOR WITHIN 5 BUSINESS DAYS OF RECEIVING THE POLICY AND MAY

BE REQUIRED TO SIGN THIS ACKNOWLEDGMENT ANNUALLY

CITY OF MISSOURI CITY

ACKNOWLEDGEMENT OF PERSONNEL POLICY

I understand that this Personnel Policy is not intended to be and is not understood to be an

employment contract. I understand that there is no specified length of employment with the City

and that either the City or I can terminate the relationship at will, at any time, with or without

cause, and with or without advance notice. My employment relationship with the City of Missouri

City may be governed by a number of sources, including, but not limited to this Personnel Policy,

the Missouri City Code, administrative policies and procedures, departmental policies and

procedures, and state and federal statutes and regulations. Additionally, I understand that the City

reserves the right to modify its employment policies and to use discretion in carrying out such

polices. By signing below, I acknowledge receipt of the City of Missouri City Personnel Policy,

agree that the City of Missouri City Personnel Policy is not a contract, and agree to abide by the

policies and procedures set forth and incorporated therein.

______________________________

Employee’s Signature

______________________________

Employee’s Printed Name

______________________________

Date


March 2018 137

APPENDIX G – CASH HANDLING POLICY

(Forthcoming)

Documents

Generic Standard Operating Procedures