HR Essentials for Cities without an HR Department #IowaLeague18 HR Essentials for Cities without an HR Department Lisa A. Mart, Human Resources Specialist, IMWCA Handouts and presentations are available through the event app and at www.iowaleague.org.

Hiring Practices-Mistakes 10 Hiring Practices-Mistakes Being unprepared (questions, job description) Having illegal, inappropriate information on application Asking illegal, inappropriate questions during interview Not asking the right questions Quality over speed and ease Filling the position with the wrong person ?

Hiring Practices: Application 10 Hiring Practices: Application INCLUDE: EEO statement Job history Education/professional designations Military Service (Veterans Preference) References Availability Fair Credit Reporting Act (FCRA) notice At-will statement (if applies) Attestation with signature SKIP: Requiring information that discloses if the applicant is a member of a protected class Social Security number Dates of graduation Criminal conviction inquiries

Hiring Practices: Interview 10 Hiring Practices: Interview It is important to ask the same general questions of all interview candidates. Do the candidates’ qualifications meet the requirements of the job? Is the job a good fit for the candidate? Omit discriminatory topics Disregard the information or redirect if candidates share

10 Do not ask any thing that would disclose the applicant as member of a protected class. Are you legally eligible to work in the United States? Are you a United States citizen? Can you with/without reasonable accommodation perform the essential functions of the job? Do you have any physical or mental disabilities? If hired, can you provide proof your are 18 years of age? How old are you? Have you ever worked under another name? Gender related questions Explain the work schedule, ask the candidate if they have any problems working the schedule. Do you have children, plan on having children? What is your religious affiliation?

9 Background Checks Provide a defense against negligent hiring Verification of job/educational history Motor vehicle record check Reference check Credit check Criminal history

9 Background Checks Only required in Iowa for certain positions Cannot be used to discriminate (disparate impact) or inquire about prohibited protected subjects Fair Credit Reporting Act

8 Job Descriptions Foundation for hiring process Create interview questions Set the expectation and responsibilities Define the essential functions of the position (ADA & ADAAA)

8 Job Descriptions Heading Summary Duties/ Responsibilities Qualifications Physical Demands

7 Veterans Preference What is Veterans Preference? Part of Code of Iowa since 1939. Section 35.1 & Section 400.10 Covers every public department and counties, cities and schools Hiring: Preference in hiring process for qualified veterans Termination: A pre-termination hearing is required Who is a Qualified Veteran? Military veterans of qualified wars and service receive a preference “in the appointment and employment over other applicants of no greater qualification.” (Code 35.1)

Post public notice 10 days prior to application deadline 7 Veterans Preference Hiring Post public notice 10 days prior to application deadline Applicant has a right to request notification and grounds for refusal-response due within 10 days after applicant selected Termination Termination protection to qualified veterans-they shall not be removed from a position-”except incompetency or misconduct shown after a hearing, upon due notice. . .” Failure to comply could result in going to court or final and binding arbitration

6 Communication Training Education

Communication: Training/Education 6 Communication: Training/Education Productivity/ Efficiency Safety Satisfaction/ Morale

5 Evaluations Not completing evaluations Not completing the evaluations honestly Not using job description/duties in your evaluation Lack of quality evaluations = lack communication= lack of accountability.

5 Evaluations Not required, but important tool in documentation and communication No one evaluation form is better than another; find one that works for your managers Review a certain time period (first 90 days, six months and the past year) Shouldn’t contain new information Use job description to assess how employee is performing their position Review past goals and achievement, set new goals for the future

Evaluations 5 Quality Communication Accountability

4 Handbooks Provide on day-one Go-to reference for policies/procedures User-friendly Adapt to your culture/expectations Not one-size-fits-all

4 Handbooks

Discrimination/Harassment 3 Discrimination/Harassment Equal Employment Opportunity Commission (EEOC) An independent governmental agency that endorses equal opportunity in employment Enforces many federal laws that affect employment and investigates claims of discriminations Has the authority to settle the charge of discrimination Has the authority to file a lawsuit if warranted

3 Iowa-4+ EE Federal-15+ EE Sex Race Color National Origin Religion Retaliation Additional Acts cover Creed Age (18) The Age Discrimination in Employment Act (40) Disability (Mental or Physical-including Pregnancy) The Pregnancy Discrimination Act (pregnancy, childbirth and related medical conditions) Sexual Orientation Gender Identity 3

Discrimination/Harassment 3 Discrimination/Harassment Prohibits discrimination of qualified individual with disability or perceived disability. Prohibits discrimination in state and local programs and activities, by all local government, regardless of the number of employees. Illegal to retaliate against employee/applicant for asserting rights under ADA/ADAAA. Make a reasonable accommodation for qualified employees with a disability. Americans with Disabilities Act of 1990 (ADA) & Amendments Act of 2008 (ADAAA)

Absenteeism/Tardiness 2 Problem Employee Policy/Procedure Performance Behavior/Conduct Absenteeism/Tardiness Violation

Effects of Problem Employees Increased absenteeism Decreased productivity Increased health-care cost Poor work environment/morale High employee turnover Poor public view Litigation costs 2

Problem Employee Corrective Steps 3 2 Problem Employee Corrective Steps Explain the Issue Listen Policy Violated Prior Performance Issues Set Expectations Document

Discipline and Termination 1 Discipline and Termination Lack of or vague documentation Lack of timely and appropriate discipline Rushed disciplinary decisions

Discipline and Termination 1 Discipline and Termination Protects the city Provides a record Establishes patterns of behavior Helps make better decisions Communicates to the employee Provides employees with areas to improve Provides support employee deserves a promotion or salary increase.

Discipline and Termination 1 Discipline and Termination DO DON’T Follow the policy List first and last names Just the facts Set expectations Provide tools for success Be consistent Be detailed Date documentation Abbreviate Be subjective Wait Backdate Rush Be inconsistent Be too vague Have important conversations via text or email

Discipline and Termination 1 Documentation Essentials Explain the situation that led to documentation/ disciplinary action Reference the violated policies Review previous performance issues that have been previously reviewed Explain the changes needed to be successful

Consistency in Practice Prior to Termination Policy Violated Prior Infractions Consult Policies Consistency in Practice Attorney

What questions do you have? Lisa A. Mart SPHR, SHRM-SCP | Human Resources Specialist lisamart@iowaleague.org | 515-974-5329