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HomeMy WebLinkAbout275 , STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS .. ORDINANCE SUMMARY Ordinance No. 27~ PERSONNEL POLICIES FOR CITY EMPLOYEES January 2, 1991, On the Arden Hills City Council approved Ordin8nce No. 27 5 which amends Chapter 19 of the Arden Hills Municipal Code relating to the personnel policies applicable to City employees. The City Council, by an affirmative vote of at least four councilmembers, directed that a Summary of Ordinance No. 275 be published in the City's Official Newspaper and that a printed copy of Ordinance No. 275 be posted on the City's Bulletin Board and otherwise be made available for inspection at the City's offices during regular business hours. Ordinance NO~7~ recites the City's policies regarding equal employment opportunity and sexual harassment. It describes procedures for appointment to City service and establishes the requirement for a position classification plan, compensation plan, and performance evaluation. Ordinance No. 275 describes the benefit package available to City employees including vacations, compensated and uncompensated leaves . of absence, holidays and severance pay. It also describes the procedures and regulations relating to discipline of employees, filing of grievances and termination of City employment. Effective Date. Ordinance No. 275 shall become effective on the day following publication of this Ordinance Summary. Adoption Date. Passed by the City Council of the City of Arden Hills the i of JANUARY , 1991. ~Ml1L Thomas Sather, Mayor ATTEST: ~ Y2 8~ ... Gary R. Berger, Administrator Publication Date. Published on the 9TH of JANUARY , 1991. CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA - ORDINANCE NO. 275 AN ORDINANCE AMENDING CHAPTER 19 OF THE ARDEN HILLS MUNICIPAL CODE RELATING TO THE PERSONNEL POLICY FOR CITY EMPLOYEES THE CITY COUNCIL ORDAINS AS AMENDMENTS TO THE ARDEN HILLS MUNICIPAL CODE: section 19 of the Municipal Code of the City of Arden Hills is hereby amended to read as follows: SECTION 19 - 1 PURPOSE. It shall be the purpose of this chapter to establish a uniform and equitable system of municipal personnel administration for all employees of the City. Any term and condition of employment shall remain solely within the discretion of the city to modify, establish, or eliminate. This chapter does not constitute, and shall not be construed as an employment contract between the City and any employee covered herein. The City retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the . number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically referred to in this chapter. The personnel policies contained in the personnel chapter are subject to the laws of the United States, the State of Minnesota and the City of Arden Hills ordinances. In the event that any provision of this chapter shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provisions shall be voided. All other personnel policies contained herein shall continue in full force and effect. SECTION 19-2 APPLICATION. The provisions of this chapter shall apply to all employees of the city except the following: A. All elected officials. B. Temporary employees and part-time employees, other than regular part-time employees. C. Consultants and others rendering professional services on a fee basis. D. Volunteer personnel and personnel appointed to serve without pay, including members of boards and commissions. E. Emergency appointees serving with or without pay. -1- . In the event that strict compliance with the provisions of this personnel chapter might produce practical difficulties or unusual hardships, the City council shall have the power to vary any such . provision(s) in light of the purpose and intent of this chapter and to the extent consistent with governing law in order that the interests of justice and fairness may be served. SECTION 19-3 EQUAL EMPLOYMENT OPPORTUNITY AND SEXUAL HARASSMENT POLICY. A. EQUAL EMPLOYMENT OPPORTUNITY - It is the policy of the city to provide equal employment opportunity to all persons. All employment policies and practices shall be non-discriminatory in compliance with federal laws, state statutes and local ordinances. No individual shall, on the basis of race, color, creed, religious or political affiliation or belief; national origin, sex, age (Minnesota legal age to age 70), marital status, disability or status with regard to public assistance be excluded from employment or be subjected to discrimination regarding any and all terms and conditions of employment by the city. B. SEXUAL HARASSMENT POLICY - It is the policy of the City to prohibit sexual harassment. Action of an employee during working hours or on City premises or otherwise in the course of employment which tends to humiliate, demean, intimidate, degrade or harass another employee with reference to or . because of that employee's sex is prohibited and will not be tolerated. Verified evidence of such conduct will lead to disciplinary action which may include suspension or discharge. Such infractions will be considered significant elements of job performance for purposes of consideration for salary action, job assignment and promotion. Any employee who experiences sexual harassment is urged to report such treatment immediately to their supervisor or to the Clerk Administrator. SECTION 19-4 DEFINITIONS. J.. Regular Employee - Regular employee shall mean an employee who has completed the required probationary period and who serves in a position which is provided in the budget on a JB. regular basis. Regular Full-time Employee. Regular full-time employee means a regular employee who has successfully completed the required probationary period and is scheduled for that number of hours which make up the regularly scheduled weekly or monthly period of service in the class. .J C. Regular Part-time Employee. Regular part-time employee means a regular employee who has successfully completed the . required probationary period and is employed on a schedule of 20 or more hours per week, but less than 40 hours per week. Benefits will accrue on a prorated basis. -2- . D. Part-Time Employee. Part-time employee shall mean any person who is engaged in part-time, seasonal, or casual employment, working less than 20 hours per week. No benefits shall be accrued. 4It E. Immediate Family. Immediate family shall mean the spouse, parents, children, brothers and sisters of an employee and parents of the spouse of an employee. F. Benefits. Benefits shall mean indirect compensation and any privileges granted to employees, including: vacation leave, sick leave, holiday leave, funeral leave, military leave, group insurance and any other benefits approved by the Council. G. Fiscal Year. Fiscal year shall be January 1 through December 31 inclusive. H. Probationary employee: One who has been assigned to a regular full-time or regular part-time position but who has not completed the probationary period. I. Probationary period: The period of six (6) months after original appointment of any regular full-time or regular part-time employee. This period is a trial period considered as an integral part of the examination process during which an employee is required to demonstrate fitness for the position and ability to meet required performance standards of a position. 4It J. service Credit: The specified period of time required for an employee to be eligible for benefits. K. Anniversary Date: shall mean the month and day of initial hiring or promotion of an employee. L. Class: shall mean a position or group of positions similar in respect to their duties and responsibilities so that the same title can reasonably be used for the position, and the same salary schedule may be applied to the position. M. Demotion: shall mean the placement of an employee in a position having a lower pay and/or less responsibility than the position previously held. N. Grievance: shall mean a dispute or disagreement regarding the interpretation or application of this chapter. O. Lay-Off: shall mean the temporary dismissal from employment of an employee for an unspecified length of time. During a periOd of lay-off, employees do not accrue benefits and are not credited with service. P. Municipal Service: means employment with the City. . Q. Position: means employment calling for the performance of specified tasks which constitute the total work assignment of a single employee. There are as many positions as there are employees. -3- R. Promotion: shall mean the placement of an employee in a position having a higher pay range and/or more responsibility than the position previously held. . S. Termination: means the separation of an employee from the municipal service as a result of discharge, resignation, retirement, or death. T. Transfer: means the placement of an employee in a different position within the same class as the position previously held. A transfer does not result in a change in pay range. SECTION 19-5 APPOINTMENTS. All appointments in the municipal service shall be made according to jOb-relevant qualifications, merits and fitness as determined by the City Councilor Clerk Administrator. Appointments to municipal service shall be made by the City Council. If the Council desires, it may request the recommendations of the Clerk Administrator or department head. A. BY EXAMINATION. When required by law, by the City Councilor Clerk Administrator, job-relevant qualifications, merit and fitness may be ascertained by administering jOb-relevant written, oral, physical, psychological, medical or other examinations which will determine the relative ability of the candidate to discharge efficiently all duties of the position for which such examinations are held. . B. WITHOUT EXAMINATION. In case of appointment to positions for which examinations are not required, the city Councilor Clerk Administrator may appoint any person who appears to meet the jOb-relevant requirements listed in the class specifications and who is found to be qualified to perform all duties of the position. C. RELATIONSHIP TO OTHER CITY PERSONNEL. Whenever possible, with due regard for job-relevant qualifications, merit and fitness, the city Councilor Clerk Administrator shall avoid the appointment of any person within the immediate family of elected or appointed officers or employees of the City. In the event that a member of the family is appointed to a position, the appointment shall not be made within the same department in which an immediate family member works. This provision does not apply to marital status, as protected under the Minnesota Human Rights Act. Employment of the spouse of an elected or appointed officer or employee is not prohibited; however, appointment or assignment of an employee's spouse in the same department in which the employee works is prohibited. . -4- D. STATUS OF EMPLOYMENT. Appointment to a position in the municipal service shall not be construed to be a property right of the employee. All employees whose positions are . covered by this chapter are appointed by and serve at the sole discretion of the City Council. E. PROMOTION FROM WITHIN. It shall be the policy of the city to fill vacancies by promotion of current employees from within where practicable. This policy shall not be construed to preclude the city from external recruitment and/or selection of applicants outside the municipal service, nor as a waiver of job-relevant qualifications for a position, nor as a guarantee of promotion from within to any and/or all positions for which job openings occur. All job openings shall be filled based on consideration of jOb-relevant qualifications, merit and fitness. Job openings shall be posted in the city Hall for five (5) work days prior to the filling of such vacancies. If a position is filled from within, length of service in relevant job classification(s) shall be the determining factor only when job-relevant qualifications of employees being considered are equal. F. FALSE INFORMATION. Any applicant or employee giving false or misleading information on an application form, cheating on an examination, or falsifying a statement, certificate or evaluation shall not be considered for employment or shall be subject to immediate dismissal. Fraud or attempts to commit fraud which would preclude the City from impartially executing the provisions of this chapter shall be cause for . the city to refuse to appoint an applicant or to dismiss an employee. G. BRIBERY. No person seeking employment or promotion shall, either directly or indirectly, attempt to influence the Clerk Administrator or city council in any way with money, services or other remuneration. SECTION 19-6. PROBATIONARY PERIOD. A. PURPOSE. The probationay period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to the position, and for rejecting any employees whose performance does not meet all required work standards. At any time during the probationary period of an employee, the Clerk Administrator or employee's department head may recommend to the city Council that an employee be transferred or dismissed if their position is discontinued or if their performance does not meet the required standards. B. APPLICATION. Original and promotional appointments for all positions shall be probationary and subject to a probationary period of six (6) months service after appointment. . -5- ------..- ------' C. REVIEW. At least three (3) weeks prior to completion of the probationary period, the Clerk Administrator or department head shall review the performance of a probationary employee . and make a recommendation to the City Council. The matter shall be placed on the Council agenda for the next regular meeting, at which time the Council shall consider the recommendation and make a determination as to whether the employee shall be continued as a regular full-time or regular part-time employee, or be terminated. If the employee is not to be continued beyond the end of the probationary period, the employee shall be so notified before the end of such period. D. CREDIT FOR BENEFITS DURING PROBATIONARY PERIOD. During the probationary period an employee will receive paid holidays. Upon successful completion of a probationary period, an employee's service credit for the purpose of computing benefits hereunder shall be determined from the commencement of his probationary employment. After 6 months (180) days of continuous service, a newly hired probationary employee will be entitled to use sick leave accrued from the date of . employment. Newly appointed employees will accrue vacation leave during the probationary period and will be eligible to use accrued vacation leave after six months of continuous service. This provision does not apply to employees serving a probationary period following promotion. Group insurance benefits shall start in accordance with any waiting periods designated by the group insurance carrier. . SECTION 19.7 POSITION CLASSIFICATION PLAN. A. ESTABLISHMENT. The Council shall establish and maintain a position classification plan for all positions covered by the provisions of this chapter. All positions shall be grouped in classes having a definite range of difficulty and responsibility. For each class of position there shall be: a class title description of the duties of positions within a class; a written nature of the work and the relative responsibility of the positions in the class, examples of work which are illustrative of duties of positions allocated to the class, requirements as to knowledge, ability and skills necessary for performance of the work and a statement of job-relevant qualifications necessary for recruitment into the class. Minimum job-relevant requirements may be added for any position. B. ALLOCATION. When a new position is created for which no appropriate class exists or when the duties of an existing position are sufficiently changed so that no appropriate class exists, the Clerk Administrator shall create a new class and shall cause an appropriate class specification to be submitted to the Council for approval. C. PLAN REVIEW. As often as is necessary to assure continued e correct classification, the position classification plan shall be reviewed by the Clerk Administrator and necessary adjustments shall be made subject to Council approval. -6- D. FILING OF PLAN. The position classification plan shall be filed by the Clerk Administrator. The plan so filed and subsequently adjusted, shall have the same effect as though . it were a part of this chapter. SECTION 19.8 COMPENSATION PLAN. There shall be established a compensation plan for all positions subject to this chapter. A. ESTABLISHMENT. The calendar year of pay for each position shall be established on an annual basis by resolution of the Council following adoption of the annual budget. The compensation plan shall be filed with the Clerk Administrator and shall have the same effect as though it were a part of this chapter. Such resolution shall state the starting salary and the maximum salary for each position classification. B. SALARY RANGE. Any salary range established for a class shall represent the total direct remuneration for full-time employment in the class, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for conduct of official business. No employee shall receive pay from the municipality in addition to the salary authorized for any positions to which the employee has been appointed. This shall not prevent employees from working in more than one position when authorized by the city Councilor Clerk Administrator. . C. OVERTIME PAY. Overtime work is work in addition to the established schedule for hours of work and shall only be performed with the approval of the employee's supervisor or the Clerk Administrator. Employees shall be paid at one and one-half (1 1/2) times their basic hourly rate of compensation for all hours worked in excess of established schedules, in accordance with the provisions of the Fair Labor Standards Act. D. TRAVEL EXPENSES. An employee shall be reimbursed for traveling expenses incurred when traveling on city business only upon approval of such expenses by the City Council. In order to receive such reimbursement, the employee shall fill out the appropriate claim form and submit it to the Clerk-Administrator with all reasonable promptness after completion of the travel. E. WORK DAY/WEEK. The normal work day for regular City employees shall be eight (8) hours. The work hours shall be established by the Clerk Administrator, with the consent of the city Council. The normal work week for regular city employees shall,be five (5) days, Monday through Friday. The normal work week shall . consist of forty (40) hours. -7- Employees shall be granted a rest break not to exceed fifteen (15) minutes away from job duties on two separate occasions during each work shift and one-half hour unpaid lunch break. . F. HOURLY AND DAILY RATES. The appointing authority may authorize the payment of hourly rates of pay for classes of positions when conditions of employment warrant such action. Such hourly rate shall be determined by dividing the annual salary by the actual number of work hours in the calendar year. SECTION 19-9 CONFLICT OF INTEREST. It is expected that every employee shall exercise good judgement in avoiding involvement with conflicting outside business interests or the business interests of co-workers or subordinates such that these interests conflict with the conduct of City business. These include, but are not limited to the following: A. Those in which an employee has a financial interest in, or receive benefits from a business which they may be able to favor with City business by reason of their employment with the city. B. Employees and department heads conducting personal business on city time and department heads who knowingly allow subordinates to conduct personal business on City time. C. Those in which an employee accepts full or part-time work . elsewhere, where such activity interferes with their duties and performance of their job with the city. SECTION 19-10 PERFORMANCE EVALUATION. There shall be a minimum of one (1) written performance review on an annual basis for all regular fUll-time, regular part-time and probationary employees. The evaluation will include a review of the employee's major responsibilities, an appraisal of the employee's job performance, identification of any problem areas and an action plan for correction or improvement, including the establishment of future performance objectives. A personal interview between the immediate supervisor and the employee shall be conducted by the supervisor within a reasonable time period after receipt by the employee of the supervisor's written evaluation. A copy of the written evaluation for each regular and probationary employee shall be submitted to the Clerk Administrator for review and shall be filed in each employee's personnel file. An overall evaluation of "satisfactory" performance will be required prior to the granting of any salary increase. -8- . SECTION 19-11 SERVICE CREDIT. Service credit is credit given a city employee for employment by . the City as a regular full-time or regular part-time employee, commencing with the date of original employment. This includes a probationary period, if any, before employment. I Employees must earn six months (180 days) service credit before I they are eligible for any benefits hereunder except holiday pay. Six month's service credit is one thousand forty (1,040) hours of total employment. No more than one year's service credit shall be given an employee for each year of their employment even though more than 2,080 hours are worked during anyone year. A temporary employee transferred to a regular position will be given service credit for continuous service prior to such transfer. A regular part-time employee will receive service credit by converting their part-time employment to equivalent adjusted full-time service. In the event such employee has been employed for a full year from the anniversary date marking the commencement of their employment, their service credit shall be based on such full year. Temporary employees shall not be entitled to paid holidays, vacation, sick leave, or group insurance coverage. Regular part-time employees shall be entitled to paid holidays, . sick leave, and vacations computed by converting their part-time employment to equivalent adjusted full-time service. Regular part-time employees shall not be entitled to group insurance coverage. SECTION 19-12 VACATIONS. A. APPLICATION. Vacation leave is intended as a period of rest and relaxation and may not be waived by an employee for the purpose of receiving double pay. No regular employee shall carryover into the next calendar year any more accrued vacation leave benefits than forty (40) hours in excess of the total hours the employee has actually accrued during that year. B. APPROVAL. Vacations will be subject to the prior approval of the Clerk Administrator. An employee having the most continuous service will be given preference in the choice of vacation time. All vacations must be arranged at least ten (10) days in advance. If, during vacation leave, an employee becomes ill and is confined to a hospital or to bed rest, sick leave benefits may be used. The Clerk Administrator may require that such illness be verified by medical certification before approving the payment of sick leave benefits. . -9- C. PROBATIONARY PERIOD. Newly appointed employees will accrue vacation during the probationary period and will be eligible to use accrued vacation after the completion of six months . (l80 days) of continuous service. This provision does not apply to employees serving a probationary period following promotion. D. SEPARATION. An employee who leaves the municipal service after a minimum of one (1) complete year of continuous service shall be compensated for vacation accrued to the date of separation. E. VACATION ACCRUAL. Commencing with the date on which an employee first became employed by the city and continuing through the fifth year of their employment, a regular full-time employee shall accrue paid vacation leave benefits at the rate of three and five tenths (3.5) hours for each bi-weekly pay period they have been an employee of the City; provided, however, no probationary employee shall be entitled to avail themself of such benefits. Temporary employees are not eligible for vacation leave. Commencing with the sixth year of employment and continuing through the eleventh year, a regular employee shall accrue paid vacation leave benefits at the rate of five (5.0) hours for each bi-weekly pay period they have been employed by the city. . Commencing in the 12th year and continuing through the 13th year, a regular employee shall accrue paid vacation leave benefits at the rate of five and five-tenths (5.5) hours for each bi-weekly pay period they have been employed by the city. Commencing in the 14th year and continuing through the fifteenth year, a regular employee shall accrue paid vacation leave benefits at the rate of six (6.0) hours for each bi-weekly pay period they have been employed by the city. Commencing in the 16th and continuing through the 19th year, a regular employee shall accrue vacation leave benefits at the rate of six and five tenths (6.5) hours for each bi-weekly pay period they have been employed. Commencing in the 20th year of employment and thereafter, a regular employee shall accrue vacation leave benefits at the rate of seven (7.0) hours for each bi-weekly period they have been employed by the city. -10- . When an official holiday as provided herein falls on a working day during an employee's vacation, the day of the holiday will not be counted as a day of vacation. . Similarily, official holidays as provided herein falling on Saturday or Sunday, when they have the effect of converting a Friday or Monday to a holiday, shall not be counted as a day of vacation. SECTION 19-13 SICK LEAVE. A. PURPOSE. Paid sick leave may be granted by the City when an employee is unable to perform work duties due to: illness, disability, including temporary disability due to pregnancy and childbirth, legal quarantine, serious illness of a spouse, child, parent or legal guardian residing in the same household as the employee; the necessity of obtaining medical or dental care, or other emergencies. Paid sick leave shall not be granted unless it has been requested by an employee for the purposes previously stated; previously earned by the employee in accordance with the accrual schedule and approved by the employee's immediate supervisor. B. ELIGIBILITY. The supervisor or Administrator shall determine whether an employee is eligible for benefits under the sick leave plan and, in connection with such determination, may determine in their discretion, whether an employee's absence from work is actually due to illness or injury. In the event the supervisor deems it proper to make inquiry into an employee's absence, the employee shall ... cooperate in authorizing the supervisor or Administrator to obtain any necessary medical or hospital records. Claiming sick leave for reasons other than those stated shall be cause for disciplinary action or discharge. C. ACCRUAL. Sick leave shall be earned by all regular full-time employees at the rate of eight hours per month, or l2 days per year. Temporary employees are not eligible for sick leave. Employees using earned vacation leave or paid sick leave shall be considered to be working for the purpose of accumulating additional vacation or sick leave. D. ACCUMULATION. Sick leave may be accumulated to a maximum of one hundred (100) days. Probationary employees who are new hires may not use sick leave until satisfactory completion of six (6) months (180 days) of continuous service. Probationary employees who have been promoted may use sick leave; however, if sick leave used exceeds a total of five (5) days, the probationary period shall automatically be extended by the same number of days as sick leave days used. When accumulated sick leave reaches the maximum, the employee will continue to be credited with one day per month banked sick leave, which may be used after depletion of their accumulated sick leave, to protect the employee in the event of a lengthy illness or accident. ... -11- __J SECTION 19-14 EMERGENCY AND FUNERAL LEAVES OF ABSENCE. In the case of the absence of an employee due to a serious . emergency, including a serious illness of a member of such employee's immediate family but excluding the death of a member of such immediate family, the Clerk-Administrator, in their discretion, may authorize use of sick leave benefits up to a maximum of three (3) days for each emergency within the limits to which the employee is entitled by their service credit. In the case of the death of a member of an employee's immediate family, such employee shall be entitled to three (3) days funeral leave with pay, which funeral leave shall not be credited against such employee's accrued sick leave benefits. SECTION 19-15 EXTENSION OF LEAVE. In order to receive paid sick leave, an employee must report as soon as practicable to their supervisor or the Clerk Administrator the reason for such absence; keep their immediate supervisor informed on a daily basis if the absence exceeds more than three (3) work days durationj and submit a medical certificate stating the cause of the employee's absence if required by the Clerk Administrator. An employee who is eligible to receive sick leave and who is . eligible to receive Worker's Compensation payments shall be granted accrued sick leave pay only in the amount of the difference between the employee's regular salary and the Worker's Compensation payments. An employee cannot receive more than their normal take home pay as a result of any City pay supplement to Worker's Compensation benefits. The Council may, in its discretion, grant additional sick leave pay to an employee in the event the Council finds that extension of the normal sick leave allowance is justified because of hardship to the employee. The Council shall determine the existence of the hardship, which determination shall be final. In addition to the particular hardship, the Council shall consider the length of service of the employee, and emergency extensions of the sick leave allowance shall not be granted unless the employee has been in the employ of the city at least one calendar year, whether part-time or full-time. The Council shall also determine in the particular case whether such emergency sick leave as may be granted shall be charged against later accumulations of sick leave by the employee. SECTION 19-16 MILITARY LEAVE. Military leaves of absence and re-employment rights of employees returning from active service with the Armed Forces . shall be subject to applicable Federal and State legislation. -12- Upon return from a military leave of absence, a regular employee shall be reinstated to the employee's former position or to a position of like status and pay, provided . that the employee is competent to perform all duties of the position to which assigned. If the position which the employee formerly held no longer exists, the employee shall be reinstated to a position of like status and pay, provided that it is practicable to do so and that the employee is competent to perform all duties of the position to which assigned. Employees eligible to receive military leave compensation while participating in required training exercises shall be compensated as required by Federal and state regulations. SECTION 19-17 UNPAID LEAVE OF ABSENCE. Upon consideration of a formal written request by an employee, leave of absence without pay may be granted at the discretion of the Clerk Administrator, with approval of the City Council, based on consideration of the following factors: l. municipal service needs; 2. the employee's performance record and length of service; 3 . the reason(s) for the request; 4. any other relevant information. . If granted, unpaid leave of absence may not exceed a period of ninety (90) continuous calendar days. An extension beyond that period may be granted at the discretion of the Clerk Administrator; however, an unpaid leave of absence shall not exceed one (1) calendar year, except when the employee is in the military service or has been disabled while performing job duties in the municipal service. Benefits including vacation, holidays, sick leave or other forms of indirect compensation shall not accrue during a period of unpaid leave of absence. Employees shall not be credited with service accrual while on unpaid leave of absence. During the first calendar month or portion thereof during which an employee began an unpaid leave of absence, the employee may elect to be covered by group health insurance, but will be responsible for paying one hundred (100%) percent of the premium costs. Any exceptions to this policy will require the approval of the City Council. Unpaid leave of absence shall require the advance written approval of the Clerk Administrator based upon the recommendation of the employee's department head. SECTION 19-18 JURY DUTY. An employee required to serve as a juror or under subpoena as . a witness in court shall be granted leave of absence with pay while serving such capacity. Such employee shall receive the amount of the difference between the employee's regular -13- salary and jury duty payor fees received for service. An employee cannot receive more than the employee's normal take-home pay as a result of any City pay supplement to jury . duty pay. If the jury is dismissed prior to the end of the employee's work day, the employee will report to work if practicable. SECTION 19-19 PARENTAL LEAVE. Parental leave in conjunction with the birth or adoption of a child shall be in accordance with State statutes. SECTION 19-20 HOLIDAYS. The following eleven (11) eight (8) hour days shall be observed as paid holidays for regular full-time employees and pro-rated for regular part-time employees. Temporary employees are not eligible for paid holidays. No holiday pay shall be given any employee working less than twenty (20) hours a week. New employees working at least twenty (20) hours a week shall receive holiday pay based on the work schedule for which they have been hired. l. New Year's Day, January 1; 2. Martin Luther King's Birthday, observed the third Monday in January, (hourly employees are not paid for this holiday) ; 3. President's Day, the third Monday in February; . 4. Memorial Day, the last Monday in May; 5. Independence Day, July 4; 6. Labor Day, the first Monday in September; 7. Veteran's Day, November 11; 8. Thanksgiving Day, the fourth Thursday in November; 9. The Friday after Thanksgiving Day; 10. 1/2 day on Christmas Eve; 1/2 day on New Year's Eve; 1l. Christmas Day, December 25 12. One floating holiday, (except probationary employees). When New Year's Day, Independence Day, Veteran's Day or Christmas Day fall on Sunday, the following Monday shall be a holiday. When New Year's Day, Independence Day; Veteran's Day or Christmas Day fall on Saturday, the preceding Friday shall be a holiday. Floating holidays must have prior approval of the employee's supervisor. SECTION 19-21 SEVERANCE PAY. Regular full-time employees who have completed ten (10) or more years of continuous service with the City and who are leaving the City's employment in good standing will receive a percentage of their unused accumulated sick leave upon retirement or lay-off. This severance pay benefit will be 33 1/3% of the employee's unused accumulated sick leave to a . maximum benefit of forty (40) days (320 hours) of pay. -14- SECTION 19-22 RESIGNATION. An employee leaving the municipal service in good standing . shall give fourteen (14) calendar days advance written notice of resignation to the employee's immediate supervisor. The employee shall be compensated for accumulated unused vacation leave provided that the employee has a minimum of one (1) complete year of continuous service. Failure to give the required advance notice may be cause for denying future employment in the municipal service. Unauthorized absences from work for a period of three (3) consecutive work days shall be considered resignation without proper notice, unless extenuating circumstances preclude the employee from notifying their supervisor. SECTION 19-23 RETIREMENT. The retirement of city employees shall be in accordance with Federal and State statutes. SECTION 19-24 GRIEVANCE PROCEDURE. It is the policy of the City to prevent the occurrence of grievances insofar as practicable and to provide an orderly, efficient and timely procedure for dealing with those which do occur. A grievance is defined as a dispute or disagreement regarding the interpretation or application of . this Chapter. The procedure established herein shall be followed by an employee in presenting a grievance to the City. Failure to follow the steps within the stated time limits may result in a denial of the grievance on procedural grounds. step 1. An employee claiming a violation concerning the interpretation or application of this chapter may, within ten (10) work days after such alleged violation has occurred, present the written grievance to the employee's immediate supervisor or department head. The immediate supervisor shall provide a written response to the grievance within ten (10) work days of presentation of the grievance by the employee. Step 2. If the grievance is not resolved in step 1, the employee may appeal the grievance in writing to the Clerk Administrator or supervisor within ten (10) work days of receipt of the department head's written response in Step 1. Any grievance not appealed in writing to Step 2 by the employee within ten (10) work days shall be considered resolved. -15- . -~ If appealed, the written grievance shall be presented by the employee and discussed with the Clerk Administrator. The Clerk Administrator shall . provide a written response to the grievance within ten (10) work days of receipt of the written grievance. step 3. If the grievance is not resolved in step 2, the employee may appeal the grievance in writing to the city Council within ten (10) work days of receipt of the Clerk Administrator's written response in step 2. Any grievance not appealed in writing to step 3 by the employee within ten (10) work days shall be considered resolved. If appealed, the city Council may, at its discretion, establish a date for the purpose of hearing the employee's grievance. Following determination by the city council, a written response shall be provided to the employee within twenty (20) work days of receipt of the written grievance or of the hearing. The written response of the city Council shall constitute the City's final response to the employee's grievance. SECTION 19-25 LAY-OFF AND DEMOTION. An employee may be laid off at the recommendation of the . Clerk Administrator with the approval of the City Council. Job relevant qualification factors shall be the primary basis for determining lay-offs. Length of continuous service within a given job classification and total length of continuous service will be considered when jOb-relevant qualifications of employees are equal. The Clerk Administrator shall give a minimum of fourteen (14) calendar days advance written notice to any employee to be laid off. At the recommendation of the Clerk Administrator and with the approval of the city Council, an employee may be demoted from one position to another in a lower classification at a lower level of pay. SECTION 19-26 DISCIPLINE FOR JUST CAUSE AND DISCHARGE. Discipline and discharge will be for just cause. Evidence of just cause will provide the basis for all disciplinary action. Cause for discipline and discharge includes, but is not limited to: 1. Incompetence or inefficiency in performance of duties. 2. Conviction of a criminal offense. 3. Violation of any lawful or official work rule, . regulation or city ordinance. -16- I 4. Reporting for work and/or working while under the influence of alcohol, drugs or other controlled substances. . 5. The use of offensive conduct or language toward the public, municipal officers or employees. 6. Carelessness and/or negligence in the handling or control of municipal property or property entrusted to the employee by the city. 7. Inducing or attempting to induce a person, officer or employee of the City to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order. 8. Dishonesty in the performance of duties. 9. Violation of or fraud regarding the provisions of this chapter. 10. Failure to report to work, refusal to work as assigned and directed, or other insubordination. 1I. Acceptance of a gift under circumstances from which it could be inferred that the giver expected or hoped for preferred or favorable treatment in conduct of city business. . 12. Unapproved use of paid work time and/or equipment in outside employment or for personal benefit. 13. Claiming paid sick leave for reasons other than those provided. l4. Other incidents which constitute cause. SECTION 19-27 SUPERVISORY AUTHORITY REGARDING DISCIPLINE AND DISCHARGE. Supervisors have the authority to impose oral and written reprimands without the prior approval of the Clerk Administrator. Upon the recommendation of the Clerk Administrator, and with approval of the City Council, an employee may be suspended without pay to a maximum of thirty (30) continuous work days in any given calendar year. An employee may be demoted or discharged by the City Council. Employees shall be notified in writing of suspension without pay, demotion or discharge. Such notice shall include the cause for such action. . -17- " The employee may grieve disciplinary action or discharge in accordance with the established grievance procedure. Grievances of disciplinary action may be initiated at step 2 . of the procedure. If the grievance is upheld, the employee shall receive all payments, benefits and service accrual which the employee would have earned during the period of suspension without pay, demotion or discharge. In case of demotion or discharge, an employee shall be reinstated to the position formerly held if the grievance is upheld. Adopted by the Arden Hills City council this 2nd day of January, 1991. CITY COUNCIL ::T'-;C IlL Thomas R. Sather, Mayor ATTEST: ~~8~ Gary R. Berger, C erk Administrator . ~ - 18 - . INDEX PAGE . SECTION 19-1, PURPOSE 1 SECTION 19-2, APPLICATION 1, 2 SECTION 19-3, EQUAL EMPLOYMENT OPPORTUNITY AND SEXUAL HARASSMENT POLICY 2 SECTION 19-4, DEFINITIONS 2-4 SECTION 19-5, APPOINTMENTS 4, 5 SECTION 19-6, PROBATIONARY PERIOD 5, 6 SECTION 19-7, POSITION CLASSIFICATION PLAN 6, 7 SECTION 19-8, COMPENSATION PLAN 7, 8 SECTION 19-9, CONFLICT OF INTEREST 8 SECTION 19-10, PERFORMANCE EVALUATION 8 SECTION 19-11, SERVICE CREDIT 9 SECTION 19-12, VACATIONS 9-11 SECTION 19-13, SICK LEAVE 11 . SECTION 19-14, EMERGENCY & FUNERAL LEAVES OF ABSENCES 12 SECTION 19-15, EXTENSION OF LEAVE 12 SECTION 19-16, MILITARY LEAVE 12, 13 SECTION 19-17, UNPAID LEAVE OF ABSENCE 13 SECTION 19-18, JURY DUTY 13, 14 SECTION 19-19, PARENTAL LEAVE 14 SECTION 19-20, HOLIDAYS 14 SECTION 19-21, SEVERANCE PAY 14 SECTION 19-22, RESIGNATION 15 SECTION 19-23, RETIREMENT 15 SECTION 19-24, GRIEVANCE PROCEDURE 15, 16 SECTION 19-25, LAY-OFF AND DEMOTION 16 , SECTION 19-26, DISCIPLINE FOR JUST CAUSE & DISCHARGE 16, 17 SECTION 19-27, SUPERVISORY AUTHORITY REGARDING DISCIPLINE AND DISCHARGE 17, 18 ~ l\ffillauit of nIubUcation ~tate of ~inne.!iota} .!i.!i. <!Louutll of IUtm.!iell N. Theodore Lillie _. being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New Briqhton Bulletin . and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper. as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed Ordinance Summary which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on Wednesday the 9t~ day of Jan. .19 ~, and was thereafter printed and published on every to and including the day of .19 _; and printed below is a copy of the lower case alphabet from A to Z. both inclusive. which is hereby acknowledged as being the size and kind of type used in the composition and publication of the 1 notice: ~ ABCO!'t!."IJKLMNOPun;:l1 U..V"A' L y~ ~. . ABeBI::FSIII.::lJ!LI\1r lap' eMTl:I. ..X,... };. . abcdefghijklmnopqrstuvwxyz BY: IAjj",,- _~VL/ L cll-L.e- U: /:1 TITLE: Subscribed and sworn to before me on thiS? 9th. day o~ Jan: 19 ~ ('l//./$ rJ L, J /r .I7-1/_';jI _ Notary Public _ ) 1 *Alphabet should be in the same size and kind of type as the notice. 1':'N"~';'~'~~'Y;'~:';~;:~;:7;~~~~~~~;N~f; ~ r .,: . H:)Ji,,:-~'" HJDUC: -- ~,W~i'-;F~:;GT,.l., " ATE INFORMATION :r Rf\~,.~SEY CQUNT'{ :~ (.;i", Corr"j;>I::,sion [;(pirf-;" MCiY 7, ';99? ~ (-t}-t:oweM"Y~~ilMtNsy:".,i' commercial users for comparable space _ . - -. . . $12.00 per coL inch (2) Maximum rate allowed by law for the above matter _ . . $8.93 per col. inch (3) Rate actually charged for the above matter .. . .. . ....... . . .$ per coL inch 1/91 ... " .'Att oF _lldt'TA CQUNTY'OI' ....EY CITY OF .....DEN IlILLS ORDINANCE SUMMARY PERSONNEL POLICIES FOR ClTY.EMPLOYEES 01\ January 2, 1991, the Arden HlIsCity Counellap- . proved QrdinanQlt No. 275 wtlic:h amends Chapter 19 01 the ArdenHIAsMunfclpaf CctI8 relating .to. the plJI'" sonne! policies applicable to City employ8fl8:theCity Council, by an affirmative vole 01 alleast fo\ltQl:loo;. cilmembers, directed thate SUfltIltaryot Ordinance No. 275 be published intheCMy'S onltim Newspaper and lhat a printed copy of Ordinance No. 275 be posted on the City's Bulletin.Boafd and. otherwise be made available for Inspection at the City's offices during regular business hours. Ordinance No. 275 ~18stheCity's polic~s regar-I ding equal employment opportuni!y and sexual haraSS- ment. It describes procedfJf681or appointment to City service and establishes 1M requirement for a position: c1assificalion plan, compensatii;:ln plan, and parlor- I mance evaluatiOn. Ordinance No. 27's ~ the benent package available to City employeeS Including vacations, com- pensated_ and uncompen~ leaves of absence, holidays end ~=Y: It also descfibeS the pm- oedures ,and ~_ _ _ "ri!ktting to discipline of employees,"fiN _--_Of~.enotefltti~_tlon ofel- ty=~Q=I~.'~'~I~\Ji~'1 _........ _01....0.'1 dlnenceSummllrV,:' , ~',:, .j 'Adoptton Dele. Passed by thii City COUt'ICM. I Clly ofA.rden Hills lhe 2nd day of JM~,""'1= ' . -. ATTEST: ~ ChI)' R. _..... l '" Administrator (Bullelin: Jan. 9. 1991) ~~,~ r .- ...