G USER: DR - NAM Ym 10 STA/photo not found NAM Kevin 4.00: I sex/m MAY BE THE SAME AS: PAGE @1 FOR OFFICIAL INVESTIGATION PURPOSES ONLY OLN, PRIVACY FLAG. | NAM, KEVIN ANDREW. ** OPR STATUS/VALID. | RES, ** CDL STATUS/NOT LICENSED. CLASS/D. ** EXP/ 16-25-2616 . OLT/DRIVER LICENSE. ELIGIBLE FOR TRAFFIC SAFETY COURSE. HGT/51@. WGT/185. ISS/11-27-2012. REC/@10123320258. CNTY/ADA. | SEX/M. HAT/ BRO. EVE/eLU. 008/\S soc MM = oncan vonor | ‘AON as AKA OLS/ID. CITN/@9-07-2000C. @8-19-2000A.BASIC RULE. CTY. BOISE. ORD DEGREE/INER. CITN/11-14-2000C. 10-26-2@0@A.BASIC RULE. CTY. BOISE. | __ ORD DEGREE/INFR. | | CITN/12-@8-2000C. 11-17-2880A.FOLLOW CLOSE. CTY.BOISE. ORD DEGREE/INFR. | CITN/@5-18-2001C. @5-@4-2001A.BASIC RULE. ISP. ELMORE. | ORD DEGREE/INFR. | CITN/@5-31-2001C. @5-@7-2@01A.N/PF LIA INS. CTY.BOTSE. ORD DEGREE/INFR. SUSP/@6-20-2001.UNTL/07-20-2001. POINTS/MAND. REIN FULL.@4-22-2002.0P SUSP/@7-09-2001 .UNTL/07-89-2002. N/PF LIA INS. FULL.SR22.04-22-2002.0P | SUSP/@7-25-2001.UNTL/10-23-2001. INFRACTIONS. REIN FULL.@4-22-2002.0P | | CITN/@8-18-2005C. _ @7-18-2@05A.BASIC RULE. ISP. IDAHO. | | ORD DEGREE/INFR. | SUSP/11-14-2005.UNTL/@2-11-2607. UNSAT JUDGE. FULL.SR22.04-06-2006.0P | CITN/@9-67-2007C. @8-23-2007A.BASIC RULE. SHR. VALLEY. ORD DEGREE/INFR. CITN/@4-12-2010C. @3-26-2010A.TRF CTRL DVC. CTY.NAMPA. ORD DEGREE/INFR. CITN/@7-23-2010C. @3-18-2010A.BASIC RULE. SHR. BOISE. ORD DEGREE/INER. END OF RECORD END OF MESSAGE... INQ/ 1/22/2016 Page 1 of 2MRI 9682016 IN: IDMV 317@ AT 2016-01-22 19:25:57 | | OUT: SCANCAD 3353 AT 2@16-@1-22 19:25:57 Search More 1/22/2016 Page 2 of 2NCIC: QH - NAM: HB kevin 7L@104YR ,MRI9682069 100140000 THIS NCIC INTERSTATE IDENTIFICATION INDEX RESPONSE IS THE RESULT OF YOUR INQUIRY ON NAMMEBBKEVIN A SEX/M RAC/U DOB/(RR PUR /c ATN/A TAKEUCHT 16-0138 NAME FBI NO. INQUIRY DATE EVIN ANDREW 53992RB7 2016/01/22 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR PHOTO Mow | 510 168 = BLU «BRON BIRTH PLACE WASHINGTON FINGERPRINT CLASS PATTERN CLASS SCARS -MARKS- SC CHEST IDENTIFICATION DATA UPDATED 2011/07/08 THE CRIMINAL HISTORY RECORD IS MAINTAINED AND AVAILABLE FROM THE FOLLOWING: IDAHO - STATE ID/1D0261747 TATTOOS, SOCIAL_SECURITY THE RECORD(S) CAN BE OBTAINED THROUGH THE INTERSTATE IDENTIFICATION INDEX BY USING THE APPROPRIATE NCIC TRANSACTION. END MRI 9682070 IN: NCIC 1653@ AT 2016-01-22 19:26:46 OUT: SCANCAD 3354 AT 2016-01-22 19:26:46 22/2016 Page | of |HF: IR - NAM SR Kevin THIS RESPONSE IS BASED ON YOUR INQUIRY OF va Kev oe POSSIBLE RECORD(S) FOUND IN IDAHO CRIMINAL HISTORY FILES si LAST Nave FIRST naw Sex RACE Ss 1020261747 xevIN 77 END OF RESPONSE MRI 9682086 IN: CCHQ 2796 AT 2016-01-22 19:27:09 | OUT: SCANCAD 3355 AT 2016-01-22 19:27:09 Page | of 1NLET: IR - NAM: Kevin IR.ORS1RO00O 19:27 01/22/2016 21833 19:27 01/22/2016 22111 10140000 *wR19682085, TXT PUR/C.ATN/A TAKEUCHI.NAM BE KEVIN A.008/ [BBM Sex/ » .rac/ u NO CCH CANDIDATES MRI 9682088 IN: NLI1 24796 AT 2016-01-22 19: OUT: SCANCAD 3357 AT 2016-01-22 19:27:12 1222016 Page | of |HFS: FR THIS RESPONSE IS BASED ON YOUR INQUIRY OF | STD/1D@@261747 PUR/C ATN/A TAKEUCHI THIS RECORD MAY BE USED ONLY FOR CRIMINAL JUSTICE PURPOSES AS DEFINED BY THE FEDERAL BUREAU OF INVESTIGATION, IDAHO CODE CHAPTER 67, TITLE 30 AND IDAHO CODE CHAPTER 52, TITLE 19. AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT. + * IDAHO CRIMINAL HISTORY * * THE SUBJECT OF THIS CRIMINAL RECORD INQUIRY HAS BEEN CONVICTED OF A FELONY CRIME AS DEFINED BY IDAHO CODE 18-111 AND 18-112A. | INDIVIDUAL MAY BE PROHIBITED FROM POSSESSING OR AQUIRING FIREARM OR | AMMUNITION PURSUANT TO FEDERAL GUN CONTROL ACT OF 1968 AND IDAHO CODE 18-310. IDENTIFICATION | | SID NUMBER FBI NUMBER IRITY NUMBER | 1000261747 53992R87 | awe: «201 anorew DATE(S) OF BIRTH: | — SEX RACE HEIGHT WEIGHT EYE HAIR SKIN Sr ——C——C= COB POB III STATUS [us PowRoy wa SINGLE-STATE OFFENDER SCARS, MARKS, TATOOS: SC CHEST CRIMINAL HISTORY CYCLE 1 esse ARREST - DATE OF ARREST: 12-29-2008 | ARREST AGENCY 10010160 BOISE POLICE DEPARTMENT PRINT ID#: 100009071691 | cHarGe: 1 1/22/2016 Page 1 of 3OFFENSE LITERAL: STATUTE: SEVERITY: COUNTS: ARRESTING CASE NUMBEI CHARGE: OFFENSE LITERAL: STATUTE: SEVERITY: COUNTS: COURT ORT DISPOSITION: = ARREST - DATE OF ARREST: ARREST AGENCY: PRINT ID#: CHARGE: OFFENSE LITERAL: sTaTUT! SEVERITY: COUNTS: ARRESTING CASE NUMBER: = ARREST - DATE OF ARREST: ARREST AGENCY: PRINT ID#: CHARGE OFFENSE LITERAL: STATUTE: SEVERITY: COUNTS: ARRESTING CASE NUMBER: CHARGE: OFFENSE LITERAL: STATUTE: SEVERITY: COUNTS : ARRESTING CASE NUMBER: CHARGE: OFFENSE LITERAL: STATUTE: SEVERITY: COUNTS: = COURT DISPOSITION: = COURT DISPOSITION: GRAND THEFT 18-2407(1) FELONY 1 2000 1 GRAND THEFT 18-2407(1) FELONY 1 1D@@10253 NOT FILED CYCLE 2 8-14-2001 1D@010200 GARDEN CITY POLICE DEPARTMENT 1D0009081470 at FTA 19-3901 FELONY 1 e000 CYCLE 3 12-04-2001 10001800 ADA COUNTY SHERIFF'S OFFICE 101116002548 1 BURGLARY 18-1401 FELONY 1 600549 2 GRAND THEFT 18-2407(1) FELONY 1 60549 1 BURGLARY 18-1401 FELONY 1 Page 2 of 3COURT ORT: COURT CAS! COURT DATE: DISPOSITION: CHARGE: OFFENSE LITERAL: STATUTE: SEVERITY: COUNTS: COURT ORI: COURT CASI COURT DAT! DISPOSITION: CHARGE: OFFENSE LITERAL: SEVERITY COUNTS: COURT ORT: COURT CASE: COURT DAT! DISPOSITION: | STATUTI END OF RECORD 100010253 cRe1-1373 04-09-2002 DISMISSED @4-@9-2002 1 GRAND THEFT 18-2407(1) FELONY 1 100010253 cR01-1373 4-09-2002 DISMISSED 04-09-2002 1 GRAND THEFT 18-2407(1) FELONY 1 100010253 cRe1-1373 04-99-2002 CONVICTED PRISON SUSPENDED: YES PRISON DETERMINATE: 7Y PROBATION: 7Y FINE: $2,000 COURT COST: $416 MRI 9682108 IN: CCHQ 2797 AT 2616-01-22 19:27:35 OUT: SCANCAD 3358 AT 2016-@1-22 19:27:35 1/22/2016 Page 3 of 3NLET: IR - NAM: RRR Kevin IR. CASTREG@@ 19:27 01/22/2016 57783 19:27 01/22/2016 22118 TDe14e000 *MRI9682085 TXT PUR/C.ATN/A TAKEUCHI | NAMM KEVIN A.SEX/ .008/ SIMI. RAC/ U CA DOJ SACRAMENTO, DATE: 20160122 TIME: 18:27:09 | | RESTRICTED - pO NOT USE FOR EMPLOYMENT, LICENSING, PLACEMENT OR | CERTIFICATION PURPOSE. THE RECORD IDENTIFICATION(S) IS/ARE MADE BY SEARCHING: NaM/MBKevin a SEX/ con RAC/ x xX cA SID NAME DOB SEX RAC HGT EYE HAT caress64s SR KEVIN | THESE OOOO DOE OE Or DC SHEERS Ere ies inser | WANTS NOT CHECKED - PLEASE CHECK NCIC WANTS. LISS RSE HDB EEE SED rO ESO OS DEED EE EEE N 51@ BRO BLK 4s 44 ee ee END OF CA RECORD 4 * 4 HH HEH MRI 9682@87 IN: NLI1 24795 AT 2016-01-22 19:27:10 OUT: SCANCAD 3356 AT 2016-01-22 19:27:10 | 1/22/2016 Page | of IBrian Zimmerman From: Steve Walker Sent: Sunday, February 14, 2016 8:34 AM To: Chris Graham. ce: Brian Zimmerman; Alan Takeuchi; Robert Kightlinger Subject: Re: Pass on 2-13-16 Mine started at 745 for a car fire at the canyon springs. Steve Walker On Feb 14, 2016, at 07:06, Chris Graham. wrote: Called out at 645 this morning for 18 arbor the dog from 110 s highland was there. Dog returned home. Lindsey advised training collar was missing Steve urit. Sent from my iPhone Officer Chris Graham #824 Middleton Police Department On Feb 14, 2016, at 00:01, Chris Graham. wrote: Started out good this morning first call was not until about 9, animal at large in the area of ea" St. North. Area was checked and talked to some of the residence in the area that were out, NO one saw a pair of dog out running the neighborhood Citizen Assist at 129 Eaton subject had questions on open carry and the age limit was it 18 oF 21. | checked the code for 2 CCW it says “21” but nothing for open carry not even the Idaho Code. Agency Assist {IEEE for the Boise animal shelter had a dog that was chipped to the address. Contact was made but they did not have a dog that was missing. Attempted to contact the shelter but was unable to get a live talking person only a message system. Left message no call back Suspicious at Ridley’s “you might want to sit down for this one” Darin Boren called in the following: Weird lady by boxes, Darin thinks she is a prostitute, “she bent over and her but fell out of short dress” Then it was Darin thinks she is a drag queen on the side of the store, lots of bags and clothes on the picnic table, Female was trying on clothes possible wearing a wig. Female wearing a lime green dress, high heels, bright red wig, possible on drugs. Darin advised “people don’t act like this in Middleton” | don’t know about you but this guy must be living in a dream world. Dispatch would not give the last one over the air told me to read the call notes. So the female was breaking up with her boyfriend and had been having issues. She had no family and contacted the Heritage Christian Church in Emmett. Pasture Albert had come down to get her and the 4 bags of her lives worth. They had set up to help her in Emmett. Nothing was physical with heror the boyfriend no drugs involved she got hooked up with a bad re.wcionship and wanted out. Citizen Assist 2t I Lindsey wanted to talk to an officer about finding footprints in the yard and her dog was let out opsaken from the kennel, Lindsey has been having issue with the neighbor atlilandill mother daughter team... They not like the fact Lindsey keeps her dog in a kennel or outside. They have tried to buy the ddog from Lindsey on a number of occasions. Lindsey thinks they let it out or took it no evidence of it. Talked with the neighbors they said the dog was running around yesterday morning. They had the dog and was trying to call but the dog got away last seen north on Cemetery abou [They called Lindsey about it. Lindsey confirmed they didn’t know the dog was out until today so | will leave that to you. During this | was getting text messages and a phone call from the mayor over 3 different semi’s parked on city streets. | shared the text with you on that. It’s on Middleton. Chatter. Rob checked the house Cody was having a large party and 88. i'm done for the night going to take the rest of iton call. Officer Chris Graham #824 Middleton Police Department 6 North Dewey Middleton, Idaho 83644 Office 208-585-0008 ceraham@middl Brian Zimmerman From: ‘Alan Takeuchi Sent: Saturday, January 23, 2016 4:35 AM To: Brian Zimmerman; Steve Walker; Robert Kightlinger; Chris Graham. Subject: pass on Looked for a border collie running at large. Probably the same skittish one that always runs around town. UTL Made a few tstops. Checked on 2 civil problem 2t EEE Josh Iiarshall possibly taking advantage of some lady by charging too much and not properly fixing the car. No carat the house. Josh's phone not accepting calls. Josh is probably working on that car at Haugens’ house. Arrested Kevinf for Domestic Battery Traumatic Injury in presence of child. Was called in by nurse at star medical clinic. Nurse was concerned that she may be suffering from head trauma and possibly neurological issues. Victim, was struck in the head by a punch or something else. Located the suspect using the victim's find my iPhone app on her phone. Dave Minshall left and located him. PC taken tojail. Report scanned and sent to PA. and photos on cd ready to go.Brian Zimmerman From: Coleen Bishop Sent: Thursday, May 12, 2016 10:19 AM To: Brian Zimmerman; Steve Walker Subject: Joe Anonymous RE: He has information about one of our officers who did something that would be considered a predatory crime- it may also involve a domestic dispute case. He was very vague and wouldn't give me full answers.Brian Zimmerman From: Steve Walker Sent: Thursday, May 12, 2016 10:43 AM To: Coleen Bishop Brian Zimmerman ferloe aronymo.s ee, Ce Subjes Completed Steve Walker On May 12, 2016, at 10:18, Coleen Bishop wrote: RE: He has information about one of our officers who did something that would be considered a predatory crime- it may also involve a domestic dispute case. He was very vague and wouldn't give me full answers.City of Middleton, Idaho Employee Personnel Policy and Procedures Handbook Revisions Adopted by Resolution 358-15 June 3, 2015 First Distributed: January 23, 1979 Previously Revised: February 7, 1994 October 1, 2003 April 3.2013 February 19, 2014 ‘April 16, 2014 July 15, 2014 Page 1 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015PERSONNEL POLICY INDEX GENERAL POLICIES Introduction to Public Employment...Page 3 Equal Employment Opportunity Statement....... Page 3 Veteran's Preference. Page 3 Nepotism / Hiring of Relatives. Page 3 Saving Clause ... Page 4 EMPLOYMENT START UP Employment Forms to be Completed. Page 4 Payroll Reporting Systems. Page 4 Distribution of Polic Page 4 Employee Personnel Files. Page 4 RULES OF EMPLOYEE CONDUCT Workplace Conduct...... Page 5 Prohibited Workplace Conduct....... Page 7 Relationship Policy... Page 9 Candidacy for Elective Office Page 9 Discriminatory Workplace Harassment Policy & Complaint Procedure........ Page 10 Employee Use of City Vehicle....... Page 12 ‘Communications Systems and Devices. Page 13 Page 13 Drug Testing. EMPLOYEE CLASSIFICATION COMPENSATION AND BENEFITS Employee Classification Page 13 Compensation ... Page 14 Employee Benefits Page 17 EMPLOYEE PERFORMANCE AND DISCIPLINE Purpose of Discipline/Performance Policy....... Page 21 Disciplinary/Performance System Framework... Page 21 Disciplinary Action Available. Page 21 Opportunity to Be Heard ~ Assertion of Unlawful Discrimination and “Name- Clearing Hearing”...... Page 22 SEPARATION FROM EMPLOYMENT Reduction in Force (RIF)......- Page 23 Resignation Policy....... Page 23 COBRA Benefits. Page 23 Exit Interview. Page 23 APPENDIX A: ACKNOWLEDGEMENT OF RECEIPT OF PERSONNEL MANUAL Page 2 of 25 ity of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015THE CITY OF MIDDLETON PERSONNEL POLICY THIS PERSONNEL POLICY IS NOT A CONTRACT. ALL EMPLOYEES OF THE CITY ARE “AT WILL” AND CAN BE TERMINATED WITH OR WITHOUT CAUSE, AND WITHOUT PRIOR NOTICE BY THE CITY. THE CITY COUNCIL MAY CHANGE THESE POLICIES AT ANY TIME, WITHOUT PRIOR NOTICE. GENERAL POLICIES A INTRODUCTION TO PUBLIC EMPLOYMENT The Organization in which you work: The City of Middleton is a political subdivision of the State of Idaho, though it is not a part of state government. The Mayor and City Council are public officials elected by Middleton residents. The City Council serves as the governing body for the City of Middleton. The City Council has primary authority to establish a budget and policies for the City of Middleton, Some City employees are appointed by the Mayor and confirmed by City Council, and other City employees are typically hired through the advertisement and interview process. Some ‘employees are “exempt” from the Fair Labor Standards Act (FLSA), which means they are not compensated for “overtime” hours worked. Other employees are “non-exempt”, and are compensated for overtime hours worked ‘The Mayor is authorized and responsible to administer and enforce these City policies and procedures on a day-to-day basis. The Mayor, department heads, and other supervisors coordinate together to implement these policies and procedures EQUAL EMPLOYMENT OPPORTUNITY STATEMENT ‘The City of Middleton is an equal opportunity employer and complies with the federal Civil Rights Act when making employment decisions. Alleged violations shall be brought to the attention of the Mayor, and ifthe allegation is against the Mayor, then brought to the attention of City Council. VETERAN'S PREFERENCE In the event of equal qualifications for an available position, a veteran who qualifies for preference pursuant to Idaho Code § 65-503 or as amended, will be offered employment first. D, _ NEPOTISM/HIRING OF RELATIVES No person shall be employed by the City of Middleton which would result in a violation of provisions found in Idaho Code, § 59-701, et seq., §18-1359, and as amended, ‘The employment of the following persons is prohibited: Person related to the Mayor, a City Council member, or a supervisor by blood or marriage within the second degree of consanguinity. Page 3 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015E An employee wh... relative is subsequently elected may re...1 his/her position as allowed in Idaho Code §18-1359(5). SAVING CLAUSE If any chapter, section or portion of this policy manual is found to be invalid by duly constituted authority, it shall not affect the validity of the balance of these policies and procedures. If any portion of these policies and procedures are in conflict, the most recent amendments shall apply. EMPLOYMENT START-UP A EMPLOYMENT FORMS TO BE COMPLETED ‘The following forms must be completed before the employee may begin work for the City of Middleton: Employment application form. Insurance forms if applicable. Immigration form (1-9), Any other benefit forms necessary for employee information. Drug testing waiver form. 2, 3 4. 5 6, PAYROLL REPORTING SYSTEMS Background check waiver form, Reports of hours worked and leave time taken on forms provided by the City must be completed and submitted in a timely manner. Each report of employee time must be signed by both the supervisor and by the employee, as a certification that itis a true and correct record of the employee's time and benefit use for that time period covered. Employees shall review their pay advices upon receipt of paycheck, and immediately bring to the Treasurer's attention any concerns. Ifthe response from the Treasurer is unsatisfactory, the employee should address the issue to the Mayor in order to resolve stated concerns. DISTRIBUTION OF POLICY ‘At time of employment, each employee is provided a copy of this personnel policy. It is the responsibility of the employee to familiarize themselves with the contents of the personnel policy and to acknowledge its receipt in writing. Updates should be distributed either electronically or by paper copy and acknowledged by the employee. EMPLOYEE PERSONNEL FILES 1. Personnel Records The City Clerk maintains personnel files, which contain information regarding an employee's hiring, performance, and separation of employment from the City. Within these personnel files will be kept all records of employee performance evaluation, employee statistics, and other relevant materials related to ‘the employee's service with the City of Middleton. An employee's supervisor, Mayor or the employee himvherself may contribute materials to that employee's personnel file deemed relevant to the Page 4 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015employee's performanc. 4 tenure. An employee may review all 4. _rials placed in his/her personnel file at any reasonable time. An employee may request a copy of that employee's personnel file. Personnel files shall not be removed from the premises except as necessary for City purposes. 2. Access to Personnel Files It is the policy of the City of Middleton to allow limited access to an employee's personnel file Personnel files may be accessed and reviewed only in the course of official City business. Those authorized to access and review personnel files include the Mayor, City Clerk, and an employee may review their own file. The Mayor or City Clerk may authorize a department head to access and review personnel files for employees whom he or she supervises. ‘The Mayor or City Clerk may authorize a City Attomey to review personnel file(s). RULES OF EMPLOYEE CONDUCT Violation of any of the rules set forth below shall be grounds for disciplinary action including possible termination of employment. However, this list is not all-inclusive, and other acts of misconduct not specifically stated below ‘may be grounds for disciplinary action, A. WORKPLACE CONDUCT Each employee of the City of Middleton is expected to conduct himself or herself in a manner which does not reflect adversely upon the City. Each employee must recognize that public employees are subject to additional public scrutiny in their public and personal tives because the public's business requires the ‘utmost integrity and care. In order to accomplish the goals of the City of Middleton as a public institution, each employee is expected to scrupulously avoid personal behaviors which would bring unfavorable public impressions of the City of Middleton and its officals. In order to accomplish City goals, each employee: 1, Shall be polite, fair and friendly toward co-workers and others with an optimistic and willing attitude, displaying this in atitude and speech. 2. Shall work safely, cooperatively and constructively with co-workers and others to provide public service of the highest quality and quantity 3. Shall be prompt and regular in attendance at work or other required fictions. If'an employee will be unable to report to work, or will be late, he or she must notify the supervisor as soon as possible, and always before the scheduled starting time. If the supervisor is unavailable, the employee shall leave a message for the supervisor and notify the City Clerk. The message shall include the reason for being late or absent and a telephone number where the employee may be reached. If an employee’s absence or tardiness is due to an emergency, please call in, or have someone call in on the employee’s behalf, as soon as possible. 4, Shall comply with the City DRESS AND GROOMING STANDARDS, which are: Clothing wom shall be clean and neat; shorts, tank-tops and similar clothing are prohibited; shirts may be worn when authorized by the Mayor; pants and skirts without holes, tears or frays may be wor; skirts shall be at or below the knee; capris or three-quarter length pants ‘may be worn; Page 5 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015Page 6 of 25 b. The City Luding Official, Code Enforcement Officer al employees in the public works department shall wear outer clothing displaying the City logo; uniform shirts shall have a collar; all clothing displaying the City logo is provided by the City, is property of the City, and shall be retumed to the City upon separation from City employment; ¢. Temporary employees assigned to the public works department shall wear outer clothing displaying the City logo; collared shirts are not required; and all clothing displaying the City logo is provided by the City, is property of the City, and shall be retuned to the City upon separation from City employment; 4d. Hats and other head-cover may be worn if they are in good taste, clean, and do not show undue wear; ©. Foot-wear shall be professional and appropriate for the position; for employees in the building, police and public works departments, footwear shall be in good condition and cover the entire foot; for employees in all other departments, flip-flops and tennis shoes are prohibited unless authorized by the Mayor, f. Men’s hair is to be clean and trimmed such that it does not extend below the shirt collar; sideburns are to be neatly trimmed and not extend below the earlobe; full beards are prohibited, however goatees may be worn if not longer than one-half inch in length; mustaches ‘may be wom if neatly trimmed and do not extend beyond the comer of the mouth; Body jewelry, spacers, retainers or plugs are not permitted in any body piercing, including non-visible piercings, except traditional earrings, while working; and hh, Employees’ personal hygiene shall be clean, Shall dedicate primary efforts to City of Middleton employment. Each employee shall notify in writing the Mayor of any other employment, self-employment or other business interests. Secondary employment should not conflict with duties performed for the City in any significant way. Shall avoid ‘conflicts-of interests in appointments and working relationships with other employees, contractors and potential contractors in Middleton and related agencies. No employee shall engage in conduct which violates the laws of the State of Idaho, including but not limited to 1.C. §18-1356 (accepting gifts that exceed a value of $50), LC. §74-301 et seq. (Ethics in Government Act), LC. §74-201 (Prohibitions Against Contraets) and LLC. §18-1359 (Using Public Position for Personal Gain). Shall not release confidential information or other public record without authorization from the Mayor or City Clerk, Shall not engage in conduct away from work which, whether civil or criminal, may reflect adversely ‘upon Middleton or its officials or otherwise impair the employee's ability to perform job duties. Shall not use substances, lawful or unlawful, which may impair the employee's ability to perform job duties. As the abuse of alcohol or any other drug is a serious threat to both personal health and job performance, employees are strictly prohibited from possessing, selling, consuming, or being under the influence of alcohol or drugs, except as authorized by a physician, while on the job, Smoking and use of tobacco products is prohibited in all City-owned buildings and vehicles. Smoking by employees is permitted only during rest or meal periods and only outside of City-owned vehicles and buildings at least twenty (20) fee away from entrances. City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-20159. Shall not engage in| duct when operating a motor vehicle that i _.rs the ability of the employee to perform job functions even though the driving conduct does not involve a City vehicle or occur during hours of employment. 10. Give hisher best efforts to accomplish his or her job. 11. Properly use and care for City property to assure that the public investment in equipment is protected. 12, Perform duties in the employee's job description and as assigned by the supervisor. 13. Comply with all local, state and federal laws. 14, Report accidents involving an employee, and unsafe or suspicious employee behavior promptly to supervisor, department head, Mayor or City Clerk. 15, Each employee shall cooperate in gathering information relating to any job-related accident, or workplace hazard, or co-worker conduct. 16. Keep their general work area clean and orderly, including City vehicles. While the City employs custodial services to maintain larger areas, individual employees are responsible for the neatness of their own work areas. City property, including computers and electronic devices, shall be used for work-related functions only. Employees shall provide their passwords in writing to the City Clerk. nse when necessary for an employee to perform his or her job duties. 17. Maintain a current driver’s a. Each employee must report any state-imposed driving restrictions to his/her immediate supervisor, b. No sign, including bumper stickers shall be placed on any City owned vehicle. ¢. Each employee shall immediately notify their supervisor of any citations received while driving a City vehicle. B. PROHIBITED WORKPLACE CONDUCT ‘The City functions in an environment which emphasizes the importance of quality and reliability. As such, the City expects each employee to contribute to the quality and reliability of the City’s services within the scope of his/her job responsibilities. Failure to meet this standard of performance may be the basis for adjustment in compensation or disciplinary action, up to and including termination. The following list of prohibited workplace conduct is representative, not exhaustive. Employees shall not: 1, Be present in the workplace under the influence of prescription medication, drugs, alcohol, illegal substances, or other substances which would impair the ability of the employee to perform his/her work competently or which would threaten the safety or well-being of others. No employee should be absent from work because of such conduct, even though such conduct does not occur during regular ‘work hours 2, Engage in angry, rude or abusive language or conduct with others, including but not limited to false, argumentative, combative, snide, profane, sarcastic, impolite, condescending, loud, uncivil, dlisrespectfl, critical, condemning, and/or harassing behavior. Page 7 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-20153. 4, 10, u 12, Page 8 of 25 Sexual Harassmen: Any conduct that is sexual in nature and is i.e explicitly or implicitly a term or condition of employment, promotion, termination, or any other employment decision, or interferes with an individual's work performance, or creates an intimidating, hostile or offensive work environment. ‘There are two types of sexual harassment: a) “Quid-pro-quo” harassment, where submission to harassment is used as the basis for employment decisions, for example: employee benefits such as raises, promotions, better working hours, job retention, etc., are directly linked to compliance with sexual advances. Therefore, only someone in supervisory ‘capacity can engage in quid-pro-quo harassment. » “Hostile work environment,” where the harassment creates an offensive and unpleasant working environment, for example: hostile environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials, or even unwelcome physical contact. Cartoons, drawings, or posters of a sexual nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all fall into this category. Hostile work environment can be created by anyone in the work environment, whether by supervisors, other employees, or the public. Sleep or be absent from the employee’s workstation when on duty. Employees shall be attentive to their work at al times. Engage in malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; willfully interfering with another employee's work output or encouraging others todo the same. Use work time for personal business including but not limited to the following actions: selling goods or services, or voicing religious, political, or social views to others during the workday. ‘Loan City vehicle(s) or equipment to another without authorization from the Mayor. Unless according to law and with City Council approval, destroy a City record or alter, falsify or steal a City record. Discriminate against any class protected by federal civil rights acts, ie., race, color, age, religion, ‘gender, pregnaney, citizenship, familial status, disability, or veteran status, ‘Abuse employee benefits by taking unjustified sick leave, uneamed vacation, or otherwise participate in a scheme or deception designed to create incorrect personnel records or to claim benefits which are not earned according to City policy. Be absent from work without prior approval. Employees must obtain prior permission for vacation, sick, bereavement, or other types of leave. Engage in prolonged visits with co-workers, children, friends, or family members, salespersons or ‘others not related to City business, whether in person, over the telephone or in an electronic manner, including email and instant messenger, or engage in any personal endeavor which interferes with performance. City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015,13, Engage in criminal uct of any kind, while on or off duty. Eni _yees are expected to behave in a lawful and socially-acceptable manner. Any employee who drives City vehicles and is convicted of any felony or misdemeanor moving violation will be subject to discipline, demotion or termination. C. RELATIONSHIP POLICY 1. Noemployee shall hire, supervise or otherwise exercise discretion concerning a paid employee who is ‘4 spouse or family member who is related to the supervisor within the first degree of affinity of consanguinity. 2. No employee of the City of Middleton shall hire a paid employee who is related to the supervisor within the second degree of affinity of consanguinity pursuant to state law (LC. §18-1359 or its successor). 3. Any supervisor involved in a romantic relationship with a subordinate must immediately notify his/her superior of the existence of any such relationship. Efforts should be made to eliminate supervisory responsibility for one who is romantically involved with a subordinate. D. CANDIDACY FOR ELECTIVE OFFICE While the City of Middleton recognizes that the First Amendment provides Constitutional protections for the political activity of its employees, it also recognizes that this right is not absolute when balancing the right of the individual to become a candidate for office and the City’s interests in promoting the efficiency of the public services it performs through its employees. (Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731 (1968). for whom the employee is If an employee initiates candidacy against an incumbent elected of subordinate, and there is a reasonable prediction of disruption in the workplace, the employee must immediately resign or face possible termination. A “reasonable prediction of disruption” is based upon the following factors: 1, The size of the office in which the employee works—the smaller the office, the greater prediction of disruption; 2. Whether the employee candidate holds a position of trust and confidence to the incumbent—the closer the ties, the greater prediction of disruption; 3. Whether the employee candidate is running for position in which he/she would replace or become superior to his/her current supervisor—in such circumstances, the greater prediction of disruption ; or 4. The nature of the relationship between the employee candidate and the incumbent, and the degree of contact they have with one another—the greater the amount of contact and interaction, the seater the prediction of disruption. Not all of the above factors must be met in order to seek resignation or termination of the employee. If the official determines that there is a “reasonable prediction of disruption” and the employee refuses to resign, he/she may be terminated. The official should set out, in writing, the factual basis for finding Page 9 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015that there is a “reason....c prediction of disruption” using the abov...actors, and provide a copy to the employee, and place a copy in the employee’s personnel file. E, DISCRIMINATORY WORKPLACE HARASSMENT POLICY AND COMPLAINT PROCEDURE, 1. PURPOSE ‘The purpose of this Harassment Policy is to clearly establish the City’s commitment to provide a work environment free from unlawful harassment, to define discriminatory harassment, and to identify the procedures for investigating and resolving complaints of harassment. It is important that all employees treat all others with decency and respect. Inappropriate behavior which impacts the workplace, or has the potential to impact the workplace, will not be tolerated This policy applies to all terms and conditions of employment, including but not limited to, hiring, placement, job retention, promotion, disciplinary action, layoff, reinstatement, transfer, leave of absence, compensation and training. POLICY Harassment of an applicant for employment or an employee on the basis of race, color, religion, national origin, sex, age (40 and over), pregnancy, disability, or veteran status (Protected Classes) is violation of state and/or federal law. Employees found to be participating in any form of employment-related unlawful harassment or retaliating against another employee for filing a complaint or cooperating with an investigation shall be subject to disciplinary action up to and including termination of employment. RESPONSIBILITIES ‘The City: It is the responsibility of the City to develop and update this policy, provide training to employees on this policy, and to respond to any violation of this policy brought to the City’s attention. ‘The Mayor and City Clerk will each be referred to as a “Designated Official.” Designated Official: ‘It is the responsibility of a Designated Official to enforce the poticy, to train rnew employees on the policy, to make a regular review with all employees to ensure they know the policy and to regularly check the workplace to make sure the policy is being followed, If an employee observes that unlawful discrimination, harassment or retaliation is occurring, he/she should immediately report the action to the Mayor or City Clerk, The Designated Official should investigate the circumstances by speaking directly with the affected person, developing a specific account of the actions, omissions or occurrences that are deemed discriminatory, speaking with others with knowledge of the circumstances, and taking corrective or disciplinary action as appropriate. No complaining party should be allowed to retract an allegation of unlawful harassment without providing that it was made erroneously. Employees: It is the responsibility of each employee to know this policy and to follow it. Employ share the responsibility of understanding and preventing discrimination and harassment. Individuals who believe they have been discriminated against or unlawfully harassed have the primary obligation Page 10 of 25, City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015of informing the D. nated Official of the act of discrimination,__lawful harassment or retaliation, recounting specific actions or occurrences whenever possible. 4, DEFINITIONS ‘As used in the City policy, the following definitions and examples apply and provide guidance. a. Verbal Harassment ~ Epithets, derogatory comments, slurs, propositioning, or otherwit offensive words or comments referring to a Protected Class whether made in general, or directed to an individual or group, regardless of whether the behavior was intended to harass. For example: sexually-oriented comments, rumors, code words, stories, jokes, “kidding,” et. b. Physical Harassment ~ Assault, impeding or blocking movements that restrain, leering, or the physical interference with normal work, privacy or movement when directed at an individual who isa member of a Protected Class. For example: touching, pinching, patting, grabbing, etc. ¢. Visual Harassment - Derogatory, prejudicial, stereotypical or otherwise offensive posters, photographs, cartoons, e-mail, notes, bulletins, drawings, or pictures referring to a Protected Class on either City or personal property in the workplace 5. COMPLAINT PROCEDURE. The following complaint procedure will be followed in order to address @ complaint regarding harassment, discrimination, or retaliation: a. A person who believes he’she has been harassed or discriminated against should report it to the Designated Official. Once a complaint is received, it cannot be withdrawn by the complainant without a determination that it was made erroneously. b, Promptly upon receiving a complaint, the Designated Official should make inquiries to determine whether there is a reasonable basis for believing that an alleged violation of this policy occurred, ©. The Designated Official, in conjunction with legal counsel for the City, should engage an appropriate person to investigate the complaint. The investigator should be a neutral party. 4. The investigator will interview the complainant, the respondent, and any relevant witnesses to determine whether the conduct occurred. e. As soon as practical, the investigator will conclude the investigation and submit a report of his or her findings to the Mayor. 6. DISCIPLINARY ACTION a. If it is determined that harassment or discrimination has occurred, the Mayor will take disciplinary action, and notify the party of the action taken. The action should be ‘commensurate with the severity of the offense, up to and including termination of employment. ‘The Mayor should take into consideration the following factors when determining disciplinary action: Page 11 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015i, The wverity, frequency and pervasiveness of the ~onduct; fi, Prior complaints made by the complainant; iii. Prior complaints made against the respondent; iv. Whether the circumstances are known by employees or others; and ¥. The quality of the evidence (first-hand knowledge, credible corroboration, etc.) b. Ifthe investigation is inconclusive, or it is determined that there has been no harassment or discrimination, but some other inappropriate conduct has occurred, disciplinary action should be taken, and the Mayor will notify the parties of the action taken. 7. RETALIATION Retaliation in any manner against a person for filing 2 complaint for discrimination or harassment, providing information or assisting in an investigation, is prohibited. 8, FALSE COMPLAINTS A discrimination or harassment complaint that is found to be false may result in discipline. This section is not intended to discourage employees from making complaints regarding discrimination or harassment. However, false complaints adversely impact the workplace and the career of the accused and will not be tolerated EMPLOYEE USE OF CITY VEHICLES If an employee uses a City vehicle or uses their own vehicle while performing work duties, the following policies apply. 1. Tose a City vehicle, the employee must have and cary with them a valid Idaho driver’s license and provide a copy for their personnel file, If an employee uses their own vehicle for City business, evidence of insurance and a copy of their current driver's license must be kept in employee’s personnel file 2, Employee must operate vehicle in a safe, courteous and lawful manner. 3. Employee may not use City vehicles for personal use, including but not limited to errands and travel to and from employee’s home, unless authorized by the Mayor, City Clerk or Public Works Foreman. 4, Employee must maintain the vehicle in proper working order. 5, Employee must promptly notify and the Mayor and the City Clerk of any citations for moving violations or accidents, Page 12 of 25, City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015G. COMMUNICATION $._ TEMS AND DEVICES 1, Employees have no privacy rights in City communications systems or devices, and communications may be monitored or subject to public records requests. Employees expressly waive any right of privacy in anything created, stored, sent, or received on City communications system or devices. 2, Employees shall provide the City with all passwords used on City communication systems or devices. 3. Copyrighted and trademarked material that does not belong to the City of Middleton may not be transmitted by employees on the City e-mail or Internet systems without permission from the holder of the copyright or trademark. Every employee who obtains access to materials must respect all copyrights and trademarks and may not copy, retrieve, modify or forward copyrighted materials, except with permission or as a single copy for reference only. DRUG TESTING The City has an interest in maintaining safe, healthy and efficient working conditions for its employees. Drug and alcohol possession or use imposes serious safety and health risks to the employee and others in the workplace. 1. PreEmployment Screening: The City may require pre-employment screening practices designed 10 prevent hiring individuals who use illegal drugs. A drug testing consent form is required for all applicants and employees. 2. Drug and Alcohol Screening: The City may require a blood test, urinalysis, hair follicle sampling, or other drug or alcohol screening of those persons suspected of using or being under the influence of a drug or alcohol or where circumstances or workplace conditions justify it. An employee's consent to submit to such a test is required as a condition of employment and the employee's refusal to consent may result in disciplinary action including termination, for a first refusal or any subsequent refusal. EMPLOYEE CLASSIFICATION, COMPENSATION, AND BE! A. EMPLOYEE CLASSIFICATION Employment Status City employees are considered “AT WILL” and may be terminated with or without cause absent prior notice. None of the City's employee classifications create guaranteed permanent employment status for any City employee. The employee classification and statuses are outlined below: 1 Full-Time Permanent Employee: Employees whose typical work schedule is at least 40 hours during each seven (7) calendar-day payroll period. 2, Part-Time Employee: Employees who are not temporary or seasonal and whose typical work schedule is less than 40 hours during each seven (7) calendar-day payroll period. Such persons are considered “employees” but do not receive benefits of permanent full-time employees. Part-time employees working at least 20 hours per week may be eligible for participation in PERSI. Part ‘time employees working at least 30 hours per week are eligible for holiday pay, annual paid leave, and medical, vision, and dental insurance. Page 13 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015‘Temporary En.,.oyees: Employees whose maximum wotn petiod under PERSI regulations is less than five consecutive months. Temporary employees do not receive benefits. Elected Officials: Elected officials are not considered regular employees. Elected officials receive employment benefits by action of the City Council, B, COMPENSATION 1 Salary Administration The City Council adopts an annual budget and the Mayor establishes salaries within the budget. Salaries are subject to the annual budgetary process and may increase, decrease, or remain the same for any time period, Salaries are typically reviewed around budget time, The City may adjust salaries during the course of the budget year in order to manage cash flow or to deal with other circumstances. ‘An employee's rate of pay is based on an assessment of the position, training, experience and the market for similar jobs. Changes in the wage rate or salary are dependent upon City budget considerations as well as each individual employee's job performance. Performance considerations include pace, productivity, recognition of things that need to be done and doing them without being asked, display of a willing and optimistic attitude, and work ethic, Right to Change Compensation ‘The City of Middleton reserves the right to change general compensation for any reason deemed appropriate by the City. Compensation may also be adjusted based upon job performance and the availability of funds to maintain a solvent entity budget. Hours worked may be reduced or employees may be laid off as necessary to meet budgetary constraints or as workload changes. Fair Labor Standards Act In addition to the employee classifications set forth elsewhere in this policy, all employees are classified as exempt (salaried) or non-exempt (hourly) for purposes of complying with the Federal Fair Labor Standards Act (FLSA). ‘The FLSA is the Federal wage and hour law which governs the obligation of employers to pay overtime compensation. Certain employees are exempt from operation of this law because they hold positions which are professional or primarily executive or administrative in nature. As such, exempt employees are not required to receive overtime pay for hours worked beyond the limits provided by the statute. Employees who serve as sworn law enforcement officers and as fire fighters will be subject to special exceptions found in the FLSA (See 29 U.S.C. §207K). Please contact the department supervisor or the office of the Mayor for further clarification of FLSA status. According to the federal Fair Labor Standards Act (FLSA), only actual hours worked in excess of 40 hours per week are computed for purposes of determining hours worked for overtime calculation. Pay for overtime hours worked will be calculated at a rate of one-and- one-half hours for each overtime hour worked. ‘Therefore, the City will not count Annual Leave or any other time for which an employee is compensated but do not actually perform work when computing hours worked in a work week. Page 14 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-20154, Overtime Compen{ _n/Compensatory Time Policy No employee shall accumulate overtime hours without prior authorization from his or her supervisor. It shall be the policy of the City to exercise discretion to either accrue Compensatory Time (“Comp Time”) in liew of payment for overtime hours worked by regular non-exempt employees or pay for overtime hours worked. This policy does not create any contractual rights. a, Accrual: Comp Time will accrue at a rate of one and one-half hours for each overtime hour worked. “Comp Time” means time off granted to a regular non-exempt employee to offset overtime hours worked by the employee. Time reports of the employee showing overtime hours accrued as Comp Time should be signed by both the employee and the supervisor as an agreement between the two that the employee will be taking Comp Time in lieu of overtime pay. b. Utilization: Outstanding Comp Time shall be taken during the pay period when the Comp ‘Time accrued or in the immediately following pay period, unless otherwise authorized by the City. Comp Time accrued should be utilized (redeemed) at a time mutually agreeable to the employee and City. This time will also be utilized with the least amount of disruption to the City’s processes. Use of Comp Time must be approved in advance by the City. Comp time shall be used prior to the use of any other accrued leave time. Upon employment separation, ‘an employee shall be paid for unused Comp Time. 5. Reporting and Verifying Time Records It is the responsibility of each employee to properly and accurately record time that he or she has worked during a payroll period. Each time sheet shall bear the signature of the employee as a statement verifying its accuracy and a counter signature by a supervisor indicating that the hours claimed were actually worked. Employee time sheets must be signed and submitted to the ‘Treasurer no later than the Monday preceding payday. 6. Work Periods ‘The work week for all employees begins at 12:00 a.m. (midnight) on Sunday each week and concludes at 11:59 p.m, the succeeding Saturday. 7. Payroll Procedures and Paydays Employees are paid every two weeks throughout the year. Paychecks are issued by the office of the Treasurer on the Friday following the end of the pay period. Paychecks are to be available at the workplace by noon on payday. 8. Compensation while Serving on Jury Duty or as a Witness in a Court Proceeding If an employee receives a jury summons or a summons to appear as a witness in a court proceeding, the employee should immediately advise hishher supervisor so arrangements can be made to accommodate their absence. In recognition of the employee's responsibilities as a citizen, leave will be granted to full-time employees called to jury duty or to serve as a court witness. The City of Middleton will pay the difference between the income that the employee would receive from an eight hour work day and the compensation received as a witness or juror, excluding mileage compensation, even as a juror during long trials. Page 15 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015If employees are «..smissed from jury duty before the end of tix. workday, they must report to their supervisor for instruction on whether to return to work for the remainder of the work day. The employee must present checks from the court to the City Treasurer to substantiate the claim for compensating pay. 9. Reduction in Force Employee assignments may be affected by reductions in force made due to economic conditions or to changes in staffing and workload. The Mayor reserves the right to make any changes in work force or assignment of resources deemed to be in the City’s best interests. Any employee who believes that he/she has been terminated or reassigned from his/her position as a result of unlawful discrimination may utilize the hearing procedures set out in the “Opportunity to be Heard — Assertions of Unlawful Discrimination and “Name-clearing Hearing™ section of this policy. 10, Travel Expense Reimbursement ‘An employee on City business shall be reimbursed for expenses incurred in completing his/her work-related assignment, Each employee is responsible for providing verified receipts for any expenses for which reimbursement is requested. Travel by City or personal vehicle is determined by the City. Reimbursement or advanced allowance for travel by privately owned vehicle is established by the allowable federal tax code rate at the cost per mile from City Hall to the function destination. The City will not pay for entertainment not included in the function package. ‘The City pays per diem for meals while traveling at the following rates: $10.00 for breakfast, $10.00 for lunch, and $20.00 for dinner ‘The City will pay for junch and dinner on the day of departure, and will pay for breakfast and lunch on the day of return, 11. Compensation for Travel Time for City Business A) On occasion, City of Middleton non-exempt employees may be required to travel overnight on City-related business. The City compensates employees when travel time is considered “work time” and therefore must be paid. 1) Time that is considered work time includes: a) Attendance at a city-authorized event, including travel time to and from the event. “Attendance” begins thirty minutes prior to event start time and ends at the event completion time shown on the agenda, including evening meals/activities. If the event agenda includes the meal time, then the meal time is also counted as attendance time. b) Participating in social activities that the City requires the employee to attend. Page 16 of 25 City of Middleton - Employee Personne! Policy and Procedures Handbook 6-3-20152a 4c that is not considered work time includ a) Sleeping. b) Traveling from home to a local airport, bus depot, or train station or vice versa. 3) The following documentation must be provided by the non-exempt employee to substantiate the calculation of compensable time: a) Copy of event agenda. b) Copy of travel itinerary (can be hand-written if driving using City vehicle). ©) Documentation of time spent outside of event attendance time if the time should be considered as compensable. 4) Receipts and reimbursement request (if applicable) for any travel-related expenses, B) —_Non-Employees Accompanying Employees During Work-Related Travel: The City does not object to non-employees accompanying city employees to city-authorized events as long as there is no increase to travel, lodging, and meal costs paid by the City. Non-employees who accompany city employees to such events shall pay their own expenses, Non-employee passengers in a city vehicle are covered according to the city’s vehicle insurance policy. Non-employees shall not drive or be in control of a city vehicle, except during an emergency when a city employee cannot drive or be in control of the city vehicle. 12. On-the-Job Injuries All on-the-job injuries shall be reported to the supervisor as soon as possible to allow filing of worker's compensation claims in the proper manner. ‘The City shall file the proper forms with the State of Idaho for potential worker's compensation benefits. The employee may continue to work as Jong as he/she is physically capable of performing the duties of her position and may return to work as soon as he/she is physically able as determined by the treating physician and the State Insurance Fund. EMPLOYEE BENEFITS The City of Middleton offers a number of employee benefits. ‘These benefits are subject to change or termination in the sole discretion of the City Council. Each benefit is subject to the specific terms of its respective insurance policy and/or official resolution of the City Council. If a program is terminated and not replaced with comparable benefits, participants will be notified. In some cases, there may be a waiting period before coverage begins, The policy terms may also limit coverage or eligibility depending on the number of hours an employee works. For information on these, employees should review the applicable policy or contact the City Clerk or Mayor. 1. Annual Vacation Leave Page 17 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-20158) Accrual ‘The City provides paid vacation leave to permanent full-time employees. Vacation leave accrues at the beginning of employment and is based on the fiscal year. Accrual is calculated as follows: i, Forup to five (5) years of continuous service; 3.08 hours per pay period; fi, More than five (5) years but less than ten (10) years of continuous service; 4.62 hours er pay period; iii, More than ten (10) years of continuous service; 5.54 hours per pay period. Annual vacation leave shall not accrue during hours taken for other types of leave. b) Vacation leave may accrue in excess of the annual limit up to a maximum of one year’s additional accrual. Vacation leave accrued in excess of the annual limit must be used prior to the beginning of the next fiscal year or will be forfeited. ©) If employment ends with the City either through involuntary termination or through resignation with proper notice, any eamed but unused vacation leave up to one year vacation accrual will be paid at 100% of the employee's current hourly rate. d) Whenever possible, vacations are scheduled as requested by the employee, subject only to the City’s needs in ensuring proper service coverage and in balancing the various requests, of employees. "Proper service coverage” is defined as having two employees working in the City Hall at all times, excluding the lunch hour. "Proper service coverage” as it relates, to other departments shall be determined by the department supervisor. If conflict arises between two employees in scheduling vacations, the employee who requested the time off first will receive priority so long as proper service coverage can be maintained. Holidays ‘Twelve and one-half paid holidays are provided for permanent full- employees. Holidays which fall con Saturday shall be observed on the preceding Friday. Those which fall on Sunday shall be observed on the succeeding Monday. If a holiday falls during an employee’s vacation, the holiday will not count as a vacation day. Hourly employees shall be paid for holidays on the basis of the number of hours they normally work, without overtime. Ifan hourly employee is required to work on a holiday, the employee will receive 1.5 times the normal hourly rate for all hours actually worked on the holiday, even though the work does not constitute overtime. Page 18 of 25, City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015Recognized Holidl [Day New Year's Eve ‘Veteran’s Day | ‘New Year's Day ‘Thanksgiving Day Martin Luther King, Jr/ Human Rights Day Day After Thanksgiving President’s Day ‘Christmas Eve Day | Memorial Day Christmas Day | Independence Day Day After Christmas Labor Day In addition, any day appointed by the President of the United States, or by the Govemnor of the State of Idaho, or the Mayor of Middleton for a holiday. Bereavement Leave Up to three (3) days of paid leave of absence will be allowed for a death in the family, including in- laws (spouse, parents, grandparents, children, grandchildren, brothers and sisters). This time off may be used to arrange for and/or attend a funeral or memorial service and to attend to other family ‘matters. Additional leave may be granted from accrued annual leave. Disability Leave The City of Middleton allows an employee who is disabled in such a manner that his/her return to work is anticipated, up to 60 work days unpaid leave for purposes of recovering from said disability. ‘The employee may, at his or her option, choose to use vacation and/or sick leave to receive pay as long as such benefits are available. Leave of Absence ‘An employee may request in writing an unpaid leave of absence for up to fifteen (15) work days. The Mayor, after recommendation by the requesting employee’s supervisor, may grant up to fifteen (15) days unpaid leave for any justifiable purpose when the employee's vacation, sick, and other types of leave has been exhausted, Unpaid leave in excess of fifteen (15) days shall require written approval of the City Couneil Family Medical Leave Act (FMLA) a. Eligibility Requirements To be eligible for FMLA benefits, prior to any leave request, the employee: i, must have worked for the employer for at least 12 months; ii, must have worked at least 1,250 hours for the employer during the previous 12 months; and Page 19 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015iii, the emp,vyer must employ at least 50 employees. bb, Since the City of Middleton does not employ at least 50 employees, the Family Medical Leave Act (FMLA) DOES NOT apply to its employees, and they are not entitled to 12 weeks of job- protected, unpaid leave. 7. Maternity Leave! Adoption ‘The City of Middleton allows pregnant permanent full-time City employees up to one-hundred twenty (120) hours of paid matemity leave, which begins on the birth date of the child. Additional time off related to the birth of the child may be taken in accordance with the annual leave policies in this ‘manual. The employee may continue to work as long as she is physically capable of performing the duties of her position and may return to work as soon as she is physically able as determined by her physician 8. Patemity Leave/Adoption ‘The City of Middleton allows permanent full-time City employees up to forty (40) hours of paid paternity leave, which begins on the birth date of the child. Adgitional time off related to the birth of the child may be taken in accordance with the annual leave policies of this manual 9. Insurance Coverage ‘The City of Middleton provides medical, vision and dental insurance, and pays 100% of the premium for permanent full-time employees, and 50% of the premium for dependents of employees. Insurance coverage begins on the first day of the month following the start of employment with the City. All coverage is subject to policy terms and to change at any time, ‘The City provides medical, vision and dental insurance to elected officials. If elected officials choose not to participate in the insurance coverage, the City will pay the elected official a monthly stipend of three hundred and eighty dollars ($380.00). The City prefers providing insurance for elected officials as described herein, but recognizes elected officials may already have insurance so offers the stipend as an insurance-benefit-alternative in an amount less than what the City would spend for an elected official’s medical, vision and dental insurance premiums, ‘The City provides life insurance, and pays 100% of the premium for permanent full-time employees. Worker's Compensation insurance covering job-related injuries is provided for all employees. 10, Retirement ‘The retirement plan of the City of Middleton combines benefits of the Public Employees Retirement System of Idaho (PERSI) with Social Security (FICA). PERSI charges a percentage of an employee’s gross salary, which is presently exempt from federal and state income taxes, and the City of Middleton matches this with an additional larger contribution 11. Sick Leave ‘The City provides paid sick leave to permanent, full-time employees. Sick leave benefits acerue at the rate of 3.69 hours per pay period. Sick leave shall not accrue during hours taken for other types of Page 20 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015eave, Unused sici ive up to 480 (four hundred and eighty) 1s may be carried over from one year to the next. Unused sick leave benefits are not paid to the employee upon termination of employment ‘An employee may donate accumulated sick leave to another employee for immediate use. All transfers are final The employee may only use sick leave hours for the emplayee’s own personal sickness, or that of a spouse’ significant other, child, or parent, or a spouse’ssignificant other's child or parent. 12, Miscellaneous Benefits The City of Middleton offers the following benefits: Deferred compensation plans handled by payroll deduction; b. _ Employee-requested deduction programs; c. The City provides uniforms and equipment for police officers, shirts for inspectors and the code enforcement officer, and shirts and tools for public works employees. EMPLOYEE PERFORMANCE AND DISCIPLINE A. PURPOSE OF DISCIPLINE/PERFORMANCE POLICY The purpose underlying the discipline/performance policy of the City of Middleton is to establish a consistent procedure for maintaining suitable behavior and a productive working environment in the workplace. These procedures are directory in nature and minor variations of the processes set forth herein shall not affect the validity of any actions taken pursuant to this policy. B, _ DISCIPLINARY/PERFORMANCE SYSTEM FRAMEWORK The City of Middleton adopts the following framework for actions to be taken in the event that any employee subject to this policy violates employment policies or fails to perform adequately. Progressive steps may be implemented in order to encourage improved performance or attitude, but are not required. The City of Middleton reserves the right to take any of the prescribed steps in any order in the event that a supervisor deems a policy violation or action of the employee to be serious enough to warrant a certain step. DISCIPLINARY ACTIONS AVAILABLE The following actions are among the disciplinary steps that may be taken by the supervisor in response to conduct inconsistent with this Policy: 1. Oral waming 2. Written waming or reprimand 3. Suspension without pay 4. Demotion Page 21 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-20155. Dismisout D. OPPORTUNITY TO BE HEARD ~ ASSERTIONS OF UNLAWFUL DISCRIMINATION AND “NAME-CLEARING HEARING” All City of Middleton employees are AT-WILL employees. However, the City of Middleton recognizes that even at-will employees may from time to time suffer from the adverse consequences of unlawful discrimination. The City of Middleton also recognizes that a public employee who is being demoted with a reduction in pay or terminated from employment based upon allegations of dishonesty, immorality or criminal misconduct is entitled to a “Name-Clearing” hearing. Cox v. Roskelly, 359 F.3d 1105 (9" Cir, 2004). Unlawful discrimination addresses actions that are alleged to involve decisions based upon age, sex, race, religion, national origin or disability that is not @ bona fide occupational qualification. The City of Middleton does not condone discrimination on the basis of foregoing unlawful categories. FAILURE, ‘TO PURSUE THIS OPPORTUNITY PURSUANT TO THIS POLICY SHALL CONSTITUTE A FAILURE TO EXHAUST REMEDIES UNDER THIS POLICY. Issues involving job performance or employee attitude are not the proper subject of this procedure and will not be heard, The elements of procedure to be followed and undertaken at the direction of the appropriate administrative officer or designated officer, unless waived by the employee, are the following: 1. The employee may, within fourteen (14) days of his/her termination or demotion, submit a written allegation of unlawful discrimination or the basis for entitlement to a “name-clearing hearing,” stating with particularity the basis for the requested meeting, Written allegations filed untimely or failing to state a particular, legally recognized basis will not be granted an opportunity to be heard, 2, An employee alleging unlawful discrimination or the entitlement to a “name-clearing hearing” will be entitled to meet with the designated person, and the meeting will last no longer than two hours unless otherwise approved. 3. There shall be a record maintained, including a tape recording of the meeting, 4, The employee's supervisor, to the extent of his/her knowledge, may be required to provide a brief written statement in response to the particular allegation of discrimination or “name- clearing” request. The Mayor may request that the employee's supervisor participate in the meeting. 5. The employee will not be prohibited from having an attorney assist hinvher at the employee's own expense. 6. The employee will be allowed to present oral testimony (or provide written statements) concerning evidence upon which the alleged discrimination or “name-clearing” is based. 7. The Mayor may ask the employee’s witnesses questions for clarification purposes should that be necessary during the discussion process. 8. The employee shall not have the opportunity to question any participants during this process, ‘but may submit written questions for the Mayor to consider. Page 22 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-20159. The Idaho Rule. Evidence do not apply to this opportunit{, be heard. ‘The opportunity to be heard shall take place as soon as it can be accommodated by the schedules of those involved. Additional time may be granted at the request of the employee upon a showing that additional time is needed to provide facts necessary to respond to the charges. After the meeting, the Mayor or the responsible administrative officer shall consider the information submitted and such other information as might be in the City’s records to arrive at a decision concerning the allegations. Said decision shall set forth the reasons for the determination in writing, If'as a result of this opportunity to be heard, the Mayor finds fault with the basis for the City's action, remedial action may be prescribed, including restoration of employment and payment of back pay. SEPARATION FROM EMPLOYMENT REDUCTIONS IN FORCE ‘When financial circumstances or changes of workload require, the City may reduce workforce in such ‘manner as it deems necessary. RESIGNATION POLICY Ifthe employee wants his formal records to indicate “voluntary resignation”, they must do so in writing to the Mayor. Oral resignations will be documented by the Mayor. Employees who have an unexcused or unauthorized absence of three (3) working days or more may be considered to have abandoned their position and therefore resigned, COBRA BENEFITS Employees who currently receive medical benefits, who separate from their employment may be eligible to continue those medical benefits at the employee's sole cost and expense for a limited time in accordance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Questions regarding COBRA should be directed to the City Treasurer. EXIT INTERVIEW Each employee who separates from employment with the City may participate in an exit interview with the Mayor and City Treasurer. In such interview, the City shall notify the employee when certain benefits will terminate and when final pay will be issued. The employee may inform the City about his/her impressions ‘of employment in such interview. An employee exit form will be completed at this point and will be the employee’s personnel ile. Page 23 of 25 City of Middleton - Employee Personne! Policy and Procedures Handbook 6-3-2015,This page left intentionally blank. Page 24 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015APPENDIX A ACKNOWLEDGEMENT OF RECEIPT OF CITY OF MIDDLETON ‘PERSONNEL POLICY MANUAL 1 __ acknowledge receipt of the City of Middleton (Print Name) Personnel Policy and Procedures Manual, adopted on June 3, 2015. {] Tunderstand that it is my responsibility to read and review this Policy. [1] Tunderstand that this Policy is NOT a contract and cannot create a contract and that I am an at-will ‘employee of the City and can be dismissed at any time with or without cause. [1] Lunderstand that I am obligated to perform my duties of employment in conformance with the provisions of the City of Middleton Personnel Policy Manual and any additional rules, regulations, policies or procedures imposed by the department in which I work whether or not I choose to read the new Policy. [] LT understand that should this Policy be modified, that I will be provided with a copy of the modification, [] _ Tunderstand that this Policy may be provided to me in either paper format or by electronic access. Dated this day of. 20. Employee Signature Print Name City of Middleton Employee » provided a copy either electronically or by paper of the City of Middleton Personnel Policy and Procedures Manual, as adopted by the City Council on June 3, 2015, to » this, day of. +20 Name, Title Page 25 of 25 City of Middleton - Employee Personnel Policy and Procedures Handbook 6-3-2015IDAHO STATE POLICE/POLICIA DEL ESTADO DE IDAHO YOUR RIGHTS/SUS DERECHOS PLACE/LUGAR: JOC 5 Strafford Dr Mevidiews TID pareyrecna:_& (el te CASE#/# DE CASO: _ p16 t TIME/HORA: 3 4y WA Before you are asked any questions, you must understand your rights. You have the right to remain silent; however, anything you do say can be used against you in court. You have the right to talk to a lawyer for advice before you are asked any questions and to have him with you during questioning. You have this right to the advice and presence of a lawyer even if you cannot afford to hire one and if you are unable to hire a lawyer, one will be appointed for you. If you wish to answer questions or make any statement at this time without a lawyer being present, you have the right to refuse to answer any questions and to have this interview terminated at any time. Antes que le agan preguntas, Ud. tiene que entender sus derechos. Ud. tiene el derecho de quedarse callado. Cualquier cosa que diga se puede usar en contra de Ud. en corte. Ud. tiene el derecho de hablar con un abogado para consejo antes que le agan preguntas y tenerlo con usted durante las preguntas. Ud. tiene el derecho al consejo y presencia de un abogado aun que no pueda acupar uno y si no puede acupar un abogado, uno sera apuntado para Ud. Si Ud. desea contestar preguntas o dar declaracion a este tiempo sin un abogado present, Usd. tiene el derecho de rechazar contestar cualquier pregunta y tener esta intrevista terminada a cualquier tiempo. WAIVER Thave read the statement of my rights as shown above and understand what my rights are. I desire to answer questions and make a statement without first consulting with an attorney and without having a lawyer present at this time. This decision is voluntary on my part and no promises, threats or force of any nature have been made or used to or against me. Ha leyedo ta declarcion de mis derechos mostrados atriba y entiendo que son mis derechos. Desco contestar preguntas y dar una declaracion sin primer consultar con un abogado y sin tener un abogado presente a este tiempo. Esta decision es voluntario de mi parte y no se an echo prometas usado amenazas encontra de mi, IGNED/FIRMA: Gil yf __ WITNESS/TESTIGO: x= WITNESS/TESTIGO: TIME/HORA: oy Miranda Rights 8/055 IDAHO STATE POLICE CONSENT TO SEARCH Woe si hereby grant my consent to Officers) / Trooper(s), of the Idaho State Police, and any assisting law enforcement officers, to search the following vehicle or location described below: Color Year Make Body Style State License Number Description of physical location Which may include any luggage, containers or items located in the interior and / or exterior of the vehicle or location. Also, any compartments which may need to be accessed by the use of tools. understand | have the right to refuse to consent to the search described above and to refuse to sign this form. | further state no promises, threats, force, physical or mental coercion of any kind whatsoever have been used against me to get me to consent to the search described above or to sign this form. Date: Time: 1 ( 2. 7 Signature Signare CONSENTIMIENTO DE REGISTRO Yo, por medio del presente documento doy mi consentimiento a los oficiales de la Policia Del Estado De Idaho y otra policia ayudante para que registren el siguiente vehiculo o locacién descrito incluyendo equipaje, recipiente, o articulos localizados en el interior y / 0 exterior de tal vehiculo. Color Afio Marca Estilo de Carroceria Estado Numero de Placa Descripcién de locacion fisica Ademés, cualquier compartimiento que quizds necesite el uso de herramientas para su acceso. Entiendo que tengo el derecho de negarme a consentir, que registrar lo que describe aqui arriba y negarme a firmar esta forma. Ademds deciaro que ninguna promesa, fuerza, 0 coaccion fisica 0 mental de cualquier clase se ha usado en contra mia para obligarme a consentir al registrar aqui descrito o para firmar esta forma. Fecha: Hora: a. ae ima do a parsona Guo Gonaiants Firma do la parsona Guo Consionts White Fite Yellow — Prosecutor Pink — Consent HOT ILO rev. 306IDAHO STATE POLICE/POLICIA DEL ESTADO DE IDAHO YOUR RIGHTS/SUS DERECHOS PLACE/LUGAR: Tips Siobe Qedice DATE/FECHA: _6 = & (6 CASE#/# DE CASO: ‘TIME/HORA:_ Before you are asked any questions, you must understand your rights. You have the right to remain silent; however, anything you do say can be used against you in court. You have the right o talk to a lawyer for advice before you are asked any questions and to have him with you during questioning. You have this right to the advice and presence of a lawyer even if you cannot afford to hire one and if you are unable to hire a lawyer, one will be appointed for you. If you wish to answer questions or make any statement at this time without a lawyer being present, you have the right to refuse to answer any questions and to have this interview terminated at any time. ‘Antes que le agan preguntas, Ud. tiene que entender sus derechos. Ud. tiene el derecho de quedatse callado. Cualquier cosa que diga se puede usar en contra de Ud. en corte. Ud. tiene el derecho de hablar con un abogado para consejo antes que le agan preguntas y tenerlo con usted durante las preguntas, Ud, el derecho al consejo y presencia de un abogado aun que no pueda acupar uno y si no puede acupar un abogado, uno seta apuntado para Ud. Si Ud. desea contestar preguntas o dar declaracion a este tiempo sin un abogado present, Ud. tiene el derecho de rechazar contestar cualquier pregunta y tener esta intrevista ‘terminada a cualquier tiempo. WAIVER T have read the statement of my rights as shown above and understand what my rights are. I desire to answer questions and make a statement without first consulting with an attomey and without having a lawyer present at this time, ‘This decision is voluntary on my part and no promises, threats or force of any nature have been made or used to or against me, Ha leyedo la declarcion de mis derechos mostrados amtiba y entiendo que son mis derechos. Deseo contestar preguntas y dar una declaracion sin primer consultar con un abogado y sin tener un abogado presente a este tiempo. Esta decision es voluntario de mi parte y no se an echo prometas usado amenazas encontra de mi siGneprirMad—— wirssEsT¢0, SS WITNESSITESTIGO: TIME/HORA: 2:33 Miranda Rights 8/058 IDAHO STATE POLICE CONSENT TO SEARCH | Beaver Ve ire nton hereby grant my consent to Officer(s) / Trooper(s) DA Hephin of the Idaho State Police, and any assisting law enforcement officers, to search the following vehicle or location described below: Color Year Make Body Style State License Number yan set SY Description of physical location Which may include any luggage, containers or items located in the interior and / or exterior of the vehicle or location. Also, any compartments which may need to be accessed by the use of tools. | understand | have the right to refuse to consent to the search described above and to refuse to sign this form. | further state no promises, threats, force, physical or mental coercion of any kind whatsoever have been used against me to get me to consent to the search described above or to sign this form. Date:_G/6 Jit. Time__ 9 34 a a Tone Sinaia CONSENTIMIENTO DE REGISTRO Yo, por medio del presente documento doy mi consentimiento a los oficiales de la Policia Del Estado De Idaho y otra policia ayudante para que registren el siguiente vehiculo o locacién descrito incluyendo equipaje, recipiente, o articulos localizados en el interior y / 0 exterior de tal vehiculo. Color Ano Marcal Estilo de Carroceria Estado Numero de Placa Descripcion de locacién fisica demas, cualquier compartimiento que quizés necesite el uso de herramientas para su acceso. Entiendo que tengo el derecho de negarme a consentir, que registrar lo que describe aqui arriba y negarme a firmar esta forma. Ademas declaro que ninguna promesa, fuerza, o coaccion fisica 0 mental de cualquier clase se ha usado en contra mia para obligarme a consentir al registrar aqui descrito o para firmar esta forma. Fecha: Hora: 1 2. Fina dea persone Gue Consionie Fim de a povcona Que Consionia White File Yellow - Prosecutor Pink ~Consener enor 10 rev, 306UWEPUB}2q — eld mmsasong — woNPA ats — aL ss-10-€01 dst we wo = — ap ————_ceyog wa 9757 a, — ggg ea wd Gb IF? are 08889 ut “sonst aunts ‘ugtstaas o/f onsiBas aso v auseBau ap oysaiap Ja o3uM anb r/opeULOyUT 1s raqey ap sandsap 4 ‘sesawioud o sezeuoum oypoy uRcey au as anb UIs ‘pemunjoa eidoud tw ap & a1qyy ‘orts9sa ostutsad asa sa[e1o1 ops ny amb o ap omar un oxquesw upep aun seeoyo souaipanb sana 2p owaqpusn9 |e wo soypuewoneos sy anna ot wt an 1H 2040 ples 5g pouoj anb vas anb 0} pepardoxd ap € ‘saoqn4 Souaig Sith 2p “e1ougptsou tut ap soxowas 9p Sayeloyo SouDIp v Uo!orZLONNe B] Kop “SPU UY oe yoy opez1ye90] © opeuojoersa miso anb * ap opis 1d se] waatt anb 19 (cue & ojapou) awauepeaquiow ‘0: pez17e90| (pepatdosd o saayes Sous. so: -stBax e ueystse voy anb wv opeuaisap wey vjja/f2 anb sazejoyo sono v © otuawerreunjon Eze “esp ap oIpou 40d ua9q Huraey sosttuosd 10 sit ryy Aue now pareao] 40 paysed Kpuasaid ¢ —— yo armig 2m jo © saquinu areid asuaott Suts¥9q ur jourow *2jonyan aorout Sur 20/pue — gc Ty up ze pamnao] (Kuadoud eat soqn0 40) aouopisai Sut yoieas 01 Suny sisse 1 sveutsop eu 9q s199qJ0 soqN0 PU uo oljionwop woo ‘opruorouaw ofege 1g (aestaaa 0 aeaqnasa) AVULSION VAVd IVIOIGAL OSINYad a OHVGI dd OdVisd Tad VISITOd FFL rauoyne Kqurewunjor kqasoy s2op ————— BF TF HW Burpises “poudissopun ay HOUVAS OL NOISSINAAd gOI1Od ALVLS OHVAIEVIDE:.JE/PROPERTY RECEIPT CONTINVATION _ . 67-46 Case Number Mi /O% C) D = Destroyed, E = Evidence, P = Proper CO = 1 E = Evidence, P = Proper oF & ewer | DESCRIPTION OF TEMS LocaTion seizep of é yp CVs, Ayeg g2_|é Libris rured Serial No. i Signature White DelendanvOwner Pink Court Copy _Goldenrad - File Copy EH05 09.01 Page of pages —_( OWYHEE COUNTY PROSECUTING ATTORNEY OwyMee County CourTHoUsE FO. Box 128 MURPHY, IDAHO DoucLas D. EMERY ee CHARLES L. SAARI PROSECUTING ATTORNEY CHuer Deputy a July 5, 2016 Shenson Bryan F. Taylor, JD, PhD Canyon County Prosecuting Attomey Chief Deputy Christopher N. Topmilier 1115 Albany Street Caldwell, 1D 83605, Re: Independent review regarding the Criminal Investigation of Middleton Police Dept. Officers Steve Walker and Robert Knightlinger Dear Bryan Taylor and Chris Topmiller: Following the request from your office, | have made an independent review of the facts and allegations to determine whether Middleton Police Officer Steve Walker and/or Robert Knightlinger committed any criminal offense(s); Bribery and/or Corruption under Idaho Code Title §18, Chapter 13. The outline and chapter heading of Title §18, Chapter 13 set forth below. TITLE 18 CRIMES AND PUNISHMENTS. CHAPTER 13 BRIBERY AND CORRUPION 18-1301 BRIBERY OF JUDICIAL OFFICERS. 18-1302 RECEIPT OF BRIBE BY OFFICER. ACCEPTANCE OF REWARDS. ATTEMPT TO INFLUENCE JURORS AND ARBITRATORS. MISCONDUCT OF JURORS AND ARBITRATORS. FORFEITURE OF OFFICE ON CONVICTION. OFFENSES RELATING TO BRIBERY — INCRIMINATING TESTIMONY MAY BE REQUIRED. BRIBERY OF MUNICIPAL OR COUNTY OFFICERS — PENALTIES. BRIBERY AND CORRUPT PRACTICES -- DEFINITIONS. BRIBERY IN OFFICIAL AND POLITICAL MATTERS. THREATS AND OTHER IMPROPER INFLUENCE IN OFFICIAL AND. POLITICAL MATTERS. THREATS AGAINST STATE OFFICIALS OF THE EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OR ELECTED OFFICIALS OF A COUNTY OR CITY. 1|Page independent review regarding Criminal Investigation( ( OWYHEE COUNTY PROSECUTING ATTORNEY DOUGLAS D. EMERY 8-1358 18-1359, 60, -1361 13614 18-1362 COMPENSATION FOR PAST OFFICIAL BEHAVIOR. RETALIATION FOR PAST OFFICIAL ACTION. GIFTS TO PUBLIC SERVANTS BY PERSONS SUBJECT TO THEIR JURISDICTION. COMPENSATING PUBLIC SERVANT FOR ASSISTING PRIVATE INTERESTS IN RELATION TO MATTERS BEFORE HIM. SELLING POLITICAL INDORSEMENT ~ SPECIAL INFLUENCE. USING PUBLIC POSITION FOR PERSONAL GAIN. PENALTIES. ‘SELF-INTERESTED CONTRACTS ~ EXCEPTION. NONCOMPENSATED APPOINTED PUBLIC SERVANT -- RELATIVES OF PUBLIC SERVANT -- EXCEPTION. CAUSE OF ACTION. | have reached a conclusion in this matter after reviewing and considering the investigative reports, documents and Idaho statutory provisions. Issue addressed Issue: Is there probable cause to conclude that Middleton Police Officers Steve Walker and Robert Knightlinger committed a criminal offense (eg. bribery/ corruption), as contemplated by Idaho Code Title §18; Chapter 13? Answer: NO. There is a lack of probable cause to conclude that Middleton Police Officers Steve Walker and Robert Knightlinger committed a criminal offense (eg. bribery/ corruption), as contemplated by Idaho Code Title §18; Chapter 13. ce between Kevin and received Investigated by yn Count Takeuchi; M16-00138 ccurred in the} residence in Middleton, ID between Ke inland a. private citizen, sought medical attention on January 22, 2076, tne day following the domestic incident. While in her On January 21, 2016 a domestic 2[Page Independent review regarding Criminal Investigation€ i OWYHEE COUNTY PROSECUTING ATTORNEY DousLAs D. EMERY ld later claim that she “never said he hit her,” the Canyon County Sheriff's Office investigation reflects otherwise. At 1744 hrs on January 22, 2016, Canyon County Sheriff Deputy A. Takeuchi #823 was dispatched to the lll residence un Middleton, ID. CCSO Deputy Takeuchi responded to the dispatch call from an attending “Nurse Donna’ at the Star Medical Clinic, reflecting that [EB ad disclosed that [INI had been struck in head by her husband. When the report of the domestic incident was received, the follow up investigation was properly routed to and handled by the Canyon County Sheriff's Office. Members of Middleton Police Office did not interject themselves into the investigation. Deputy Takeuchi, in the presence of CCSO Deputy Minshall #5267 spoke with a ccc the incident, III told the deputies that at approx. 2230 hrs January 21, 2016, she and her husband Kevin became engaged in an argument after drinking. Kevin had reportedly inking heavily. IN stated that “Kevin started to become ajerk. i took plate and slapped her on the face with it. [said she instinctively slapped him in the face back.” Canyon County Sheriff Office Investigation, Report of Deputy A. Takeuchi, Incident M16-00138, January 22, 2016, pg 2 [detailed to Deputy Takeuchi that after she slapped Kevin, “he pushed her over a nearby couch.” The CCSO report reflects “IEE said she bent over the top of the couch at the waist, with her head in the couch seat, back facing towards Kevin.” IEEE said when her head was the couch, she felt something strike her hard on the back of the head. [could not recall if itwas a punch, or if Kevin used ‘something to strike her in the head. a. id Kevin grabbed her from the couch and pushed her on the floor.” Canyon County Sheriff Office Investigation, Report of Deputy A. Takeuchi, Incident M16-00138, January 22, 2016, pg 2. After locating Kevin Lt conducting his interview, Deputy Takeuchi arrested him, Kevin ]was transported to the Canyon County Detention Center. The independent investigation of the domestic battery incident was completed without interference nor manipulation from the Middleton Police Office. That investigation appears, in all respects to have been handled properiy. 3|Page Independent review regarding Criminal Investigation€ OWYHEE COUNTY PROSECUTING ATTORNEY DOUGLAS D. EMERY Subsec ll ns of misconduct by Middleton Police Officer Steve Walker and Middleton Police Officer Robert Knightlinger ‘Sometime following the domestic battery investigation completed by the Canyon County Sheriffs Orc TA nace allegations of stalking and/or misconduct against two (2) Middleton Police Officers— Sgt. Steve Walker and Officer Robert Knightlinger. fated that the conduct at issue began with the exchange of personal e-mails between her and Sgt. Walker. The e-mail ‘communication became progressively more personal and involved ._ After tained Officer Walker's cell phone number, Illand Officer Walker began to exchange provocative text messages, followed by “sexting;” the e-mailing nude/ partially nude photographs to one another. As noted in the June 21, 2016 Idaho State Police Investigation, Timothy Hopkins Report, pg. 4 of 6. line 61, NNN never blocked on his phone.” | it appears was at all relevant times an active, willing participant im te personal communicati aa n and conduct with Iker. Those intimate acts occurred in th home, when Kevin Jwas away. The relationship between ind Sgt. Walker culminated in two (2) sexual acts between ind Officer Walker. The first sexual act occurred when| performed oral sex on Walker. The act was in all respects consensual and occurred in the days preceding the January 2016 domestic battery incident. idaho State Police Investigation, Timothy Hopkins Report, June 21, 2016, pg. 4 of 6, line 49. Officer Walker conceded that he and [EEE engaged in consensual intercourse on one (1) occasion after Ke had been arrested and was in jail on the domestic violence charge. Officer Walker admitted having “sex with his lady twice .” Idaho State Police Investigation, Timothy Hopkins Report, June 21, 2016, pg 2 of 5. Later so exchanged inappropriate e-mails with Middleton Police Officer Robert Knightlinger. From the lin statement and e-mail which she provided it is evident that isan articulate adult female, who actively participated in her interaction with Middleton Police Officer Walker and later e-mailed with Middleton Police Knightlinger. 4|Page Independent review regarding Criminal Investigation( ( OWYHEE COUNTY PROSECUTING ATTORNEY Doustas D. EMERY The investigation reflects ‘hat I cs a willing participant in the extramarital activities. Ultimately, Officer Walker. upon thinking better of his conduct, ended the relationship i rl is noteworthy that did not complain, seek intervention, nor otherwise bring the matter to the attention of the Middleton Chief of Police and other authorities, until after Officer Walker had called the relationship off. Status of the prosecution of the case of State v. Kevi Ina three (3) page email dated April 28, 2016, written by Justin Paskett, Deputy Canyon County Prosecuting Attorney (ISB a wrote-~ * | will not be happy unless Kevin gets a misdemeanor. Tobi 8, 2016, E-mail; pg. 1. Ultimately, the prosecution of State v. revoir conflicted for handling by the Office of Ada County Prosecuting Attomey. referenced and used the subject allegations of misconduct conduct of the Middleton officers, as leverage to obtain the result which she desired in the domestic violence case against her husband Kevin. fachieved the desired result. ja County Prosecutor's office amended the charges; enabling Kevin to enter guilty pleas to Battery (Misd.) and Disturbing the Peace (Misd). Idaho State Police Investigation, Timothy Hospkins Report, June 21, 2016, pg 6 of 6. The investigation reflects that [EEE was an active participant in her relationship and conduct with the Middleton Police Officers The e-mail, suggests that she was not current on her “anti depressant/pain blocker’ for a week during one period of time when she was had interaction with Officer Walker. BB rimates that her seven day abstinence from pain m ay have caused a “lupus flare” and caused her to act in a fog. ee 28, 2016, E-mail; pg. 3. Such claim however, is unsubstantiated, In her e-mail of April 28", however cone ad a “physical affair’ with Middleton Police Officer Walker.’ April 28, 2016, E-mail; pg. 1. She recognized her voluntary nature of her acts when she wrote—- *l am disgusted by my own behavior. We are all humans and make poor choices.” a April 28, 2016, E-mail; pg. 1. The claim(s) by KEE at she was “stalked” and/or the victim of ‘unwanted sexual advances” are unfounded. The investigation reflects that 51Page Independent review regarding Criminal Investigation( C OWYHEE COUNTY PROSECUTING ATTORNEY Doustas 0. EMERY had willful, consensual involvement with two (2) officers in separate ongoing unrelated episodes over extended periods of time The fact that IEEE did not seek the assistance and the intervention of outside law enforcement agencies (eg. the Idaho State Police Dept.) early on in the episodes, speaks volumes of the consensual nature of her conduct and actions. Consenting adults engaging in “adultry,” “fornication,” and “sexting” with another consenting adult in a private location While Idaho Code §18-6601 prohibits adultery, (e.: a married person having sexual intercourse with other than his/her spouse) and Idaho Code § 18-6602 prohibits “fornication” (i.e.: unmarried person having sexual intercourse with “an unmarried person of the opposite sex’) such statutes are not (in the present context) enforced as a matter of law. Although the claim of a spouse's marital infidelity commonly appears in divorce pleadings, such allegations even if proven, do not constitute grounds for the filing of criminal charges against the offender(s). Each statute is a defacto nullity. The Supreme Court decision of Lawrence v. Thomas in 2003, which declared sodomy laws unconstitutional, stands for the proposition that acts between two unrelated adults which are consensual, private and non- commercial, cannot be prohibited by law from doing what adult who are married to each other, may do lawfully. Such adultery, sodomy and fornication statutes have been held to impinge upon individual liberties and the privacy rights of consenting adults In Neveau v. Neveau, 103 Idaho 707 (Ct. App. 1982) our court of appeals addressed statutes which no longer that the force of law. The court noted: Traditionally, unconstitutional statutes were treated as nullities. See generally 1 T. Cooley, Constitutional Limitations 382-84 (Carrington 8th ed. 1927). The important consideration is and should be what the legislature would have done” upon recognizing the constitutional infringement. /d. at 1035-37. The Effect of Declaring a Statute Unconstitutional, 29 Colum.L.Rev. 1140 (1929). There have been no viable criminal “fornication” and “adultery” prosecutions on like facts, in decades. Sexual activity between consenting adults, although not married to each other, commonly occurs in our society. 6|Page Independent review regarding Criminal Investigation( ( ( OWYHEE COUNTY PROSECUTING ATTORNEY Douctas D. EMERY The practice of consenting adults “sexting” adult nude photographs or suggestive images via electronic transmissions, exclusively between consenting adults, in this context, is not unlawful Idaho Code §18-211 provides that in the commission of every crime or public offense, there must be a union of criminal act and intent, or criminal negligence. Gratuitous, willful acts of a sexual nature undertaken by consenting adults, in a private residence or location secluded from public view are not unlawful No violations of Idaho Code Chapter 18, Chapter 13 were committed Here, the evidence reflects that the conduct betwee and the Middleton police officers was consensual. No rape, no stalking, or illegal use of force, or influence occurred. The participates were not paid for their involvement, no threat nor coercion was used, no sexual “favors” were rendered in exchange for special treatment, or benefit and no minors were involved. While Idaho Code §18, Chapter 13 addresses bribery and corruption, and prohibits— receipt of personal compensation for official duties (1.C.§18- 1354); acceptance of gifts from private persons (|.C.§18-1356); using public Position for personal gain (I.C.§18-1359), the facts in this case do not support a conclusion that either Middleton City officer was of pecuniary gain; nor that either officer proposed iil given special standing in her “barking dog case” or in her husband's criminal case, in exchange for her performance of sexual favors. Here— no bribe was paid nor received (IC §18-1301; 18-1302); no gratuity or reward was paid or accepted (IC §18-1303); no jury or arbitration tampering occurred (IC §18-1305); no criminal conviction compelling forfeiture of office occurred (IC §18-1307); no bribery, nor false testimony was subored, nor facilitated (IC 18-1308, 18-1309, 18-1351); no threats to undertake improper influence were made (IC 18-1352, 18-1353, 18-1353A); ‘no payments, compensation, or gifts for official behavior were made (IC 18- 1364, 18-1355, 18-1356, 18-1357, 18-1358); no monetary sums were paid and no personal gain was achieved (IC 18-1359); and no contracts of self- interest were negotiated or achieved and or political or public servant appointments. were made (IC 18-1361, 18-1361A). T[Page Independent review regarding Criminal investigation( ¢ OWYHEE COUNTY PROSECUTING ATTORNEY DousLAS D. EMERY This matter came to nt only after Officer Walker thought better of his involvement wll sought jonship. Officer Walker disclosed what had occurred oo Middleton Zimmerman Police Chief. The weight of the evidence supports a conclusion that both Officer Walker and Officer Knightlinger, respectively believed, in tl hat they were involved in a private consensual interaction with| While the involvement in the consensual relationship with was regrettable and ill advised, such was not unlawul. It is not a crime under Idaho Code §18, Chapter 13, for a member of law enforcement to have a consensual sexual relationship with an adult member of the public, in a private location, secluded from public view. The asserted misconduct of Middleton Officer Walker and Officer Knightlinger, respectively may be a matter for administrative, or internal law enforcement inquiry, etc.; the present facts however, do not formulate the factual basis for criminal prosecutions. The investigative reports reflect ‘hat I sos secured legal counsel to assist in her allegations against the officers and/or Middleton City While Ms BEBis not precluded from exploring any civil options in the matter, there is a lack of probable cause to conclude that Middleton Police Officers Steve Walker and Robert Knightlinger committed any criminal offense (eg. bribery/ corruption, etc.) as contemplated by Idaho Code Title §18; Chapter 13, or otherwise. As such, criminal prosecution against Middleton Police Officer Steve Walker and Middleton Police Officer Robert Knightlinger is hereby declined, B|Page Independent review regarding Criminal InvestigationAy AO MU) A; ( Mowe! 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