HomeMy WebLinkAbout2004-04-28 CC WS - Personnel Policy
PROPOSED PERSONNEL POLICY
SUBSTANTIVE CHANGES
City of Centerville
Council Work Session
April 28, 2004
Section 2, Definitions: Defined Full-Time Employee as one who works a minimum of
32 hours per week, to coincide with the City's health plan language. Define~ Part-Time
Employee as one who works less than 32 hours per week, and removed all references
throughout the policy to Part-Time Employees accruing benefits.
Section 3.4, Classification of Job Duties:
with pay equity guidelines.
Section 6.7, Compensatory Time: Added provisions to al
compensatory time, in lieu of overtime, on a limited ba .
Section 8, Personal Time Off:
leave with new PTO policy.
Section 8.2, PTO Accrual: Restored ac
not adopting union equivalent. Form
combined vacation and sick leave per p
Prior to 12/9/02
Union Rates
6.77 hrs
8.31 hrs
9.85 hrs
11.38 hrs
12.92 hrs
Section 9, Leaves of A ence: Added several definitions required by State Statute.
Reference is made to the federal Family and Medical Leave Act (FMLA.) The City is a
covered entity; however, due to the number of employees, the provisions of the Act
would not apply unless the City specifically adopted the provisions. City Council
should decide whether or not the City wishes to adopt the provisions of the FMLA
or stipulate different provisions. (~~)
Section 10, Temporary Light Duty Policy: Added light duty policy to accommodate
workers' comp regulations.
Section 11, Insurance Plans: Removed old language and replaced with new cafeteria
plan language.
Section 12.2, Employee Training: Reinstated and updated language pertaining to
employee education. A portion ofthe former policy did not carry over into the current
policy and we are not sure why.
Section 12.3, Travel Reimbursement: Added provisions relating to travel
reimbursement necessary to comply with IRS regulations, referred to as an "accountable
plan."
Section 14, Safety: Made references to compliance with City's safety policy, which may
also need updating.
Section 16, Grievances: Added language providing guidelines fo
employees who have grievances.
Section 20.2, Code of Conduct and Ethics: Changed thre
acceptance from $50.00 to $5.00. This was believed to
a separate ethics policy for elected officials.
Section 20.7, Confidential Information: Mad re e
Data Practices Act. Council should consider expandin
accordance with the Act.
CITY OF CENTERVIILE
PERSONNEL POLICIES
Successful public relations are a very important element in every City Employee's job. It is
important to be considerate, pleasant, prompt and brief in all dealings with the citizens of
the City of Centerville. The impression we make over the phone or in person, whether good
or bad, will be the one that the citizen will remember. It is the mission of the City of
Centerville to provide the highest quality service to Centerville residents and taxpayers in the
most effective, efficient manner possible. Proper adherence by all City Employees to these
policies will help attain that goal.
B)
1. PURPOSE AND APPLICATIO
1.1 Purpose
General: The purpose of this policy is to esta
of personnel administration for all Employe
organized personnel who work under a n
event of a conflict between the terms of the n
policy, the terms of the negotiated agreemen
Employees subject to the agree shall be so r
shall be construed as part of a
and its Employees.
. table system
1.2 Scope
lies to all City of Centerville. Employees,
A)
C) City Boards, Commissions, and Committees;
D) Volunteers;
E) Persons engaged under a specific employment contract.
Collective Bargaining: All Employees covered by a collective bargaining
agreement entered into in accordance with the Public Employers Labor Relations
Act, Minnesota Statutes ~179.61 - 179.77, and ~179A.Ol - 179A.25 shall be exempt
from any of these provisions which directly conflict with the language in the
bargaining agreement.
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1.3 Authority
Rights: The City reserves the right to operate and manage its affairs in all respects
in accordance with existing and future laws and regulations. These rights shall
specifically include, but not be limited to, the right to adopt, amend, repeal, interpret
or terminate the personnel policy and work rules without prior notice. Any
prerogative or authority which the City has not specifically abridged, delegated or
modified by this policy is retained by the City. The City further reserves the right to
make reasonable variations from this policy where it is determined that a strict and
literal application of the policy would cause an undue hardship on the City, its
Employees, or an individual Employee.
Interpretation: The City Administrator shall make interpr
or decision on items not covered within these policies.
prior policies, representations or understandings and sh
State and Federal Laws, as well as City Ordinances.
tion of these policies
. cy supersedes any
ubject to all applicable
1.4 Equal Opportunity Employer
es to provide full and equal
d to employment, training,
. scriminated against with
o r privileges of employment
tional origin, sexual orientation,
e s, disability, or to any other group
rohibited by State or Federal law.
~
The following
indicates othe
ve the meaning as defined herein, unless the context
A absence of an Employee from duty including any absence for
a single day or part of a that is not authorized by a specific leave of absence or time off
under the provisions of this policy.
Anniversary Date: The month and day of initial hiring or promotion of a regular full-time
or regular part-time Employee.
Appointing Authority: The City Council or City Officer to whom the Council has
delegated authority to appoint personnel.
Benefits: Privileges or other compensation granted to Employees in the form of leaves of
absence, insurance, or pay received in lieu of accrued leave upon termination of
employment.
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City: The City of Centerville.
City Administrator: The City Administrator of the City of Centerville.
City Council: The City Council of the City of Centerville.
Compensatory Time: For exempt Employees, the same amount of time off work as the
employee has overtime hours worked. For non-exempt Employees, time off work at one-
and-one-half times the number of overtime hours worked.
Demotion: The change of an Employee's status to a position of having a lower pay range,
rank or grade, and/or lesser responsibility than previously held.
Department: A branch of City administration with responsir
assigned functions.
asionally or on-call for an
ary Employee.
Department Head: The supervisor of a department.
Employee - Exempt:
Labor Standards Act.
least 32 hours per week, who has
nd serves in a position funded in the
Employee - Non-Exem
Act.
overed by the Federal Fair Labor Standards
Employee -
has success y
benefits, other than
t- mployee working less than 32 hours per week, who
required probationary period and who is not eligible for
ated by state or federal law.
Employee - Regular: at -will Employee who has successfully completed all stages of the
selection process including the training period and/or probationary period.
Employee - Seasonal: A full-time or part-time at-will Employee whose appointment is
limited to a specific season of the year and is employed under the same terms and conditions
as a temporary Employee.
Employee - Temporary: A full-time or part-time Employee who serves in a position on a
temporary basis where no benefit eligibility exists and no credit is given for seniority.
Employer - The City of Centerville.
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Hours Worked: Includes all hours that the Employee actually perfonns duties that benefit
the City, including: rest periods or breaks, meetings, training programs, travel between work
sites on a work day, time spent performing duties after hours or on weekends due to
emergencies (call backs) and any time performing duties outside the normal shift, even if it is
not "authorized."
Job Classification: A group of positions sufficiendy alike in duties, qualifications, authority
and responsibility to warrant the same job tide, grade and pay schedule for all positions in
the group.
Job Description: The written description of a job containing a tide, a statement of duties,
authority and responsibilities of the job, and the qualifications and experience deemed
necessary and/ or desirable for the satisfactory perfonnance of the du . s of the job.
Lay-Off: The separation of an Employee from employm
position.
of a
Performance Report: A review of an
communicate an Employee's strengths
improvement.
Position: A specific job, calling for the perfonnance 0
responsibilities.
. duties and having certain
of employment (or the beginning
s a period. The probationary period is
of the selection process.
Promotion: An advance one classification or grade to a higher
classification or grad
Reduction I aration of an Employee from employment due to the
shortage of work
Resignation: Emplo ermination initiated by the Employee who chooses to leave the
employment voluntarily.
Transfer: A movement of an Employee from one job class or position to another of
comparable class and pay range.
3. ORGANIZATION
3.1 Personnel Files
Employment File: The City Administrator or designee shall maintain a separate
employment file for each Employee. Each file shall contain a record of each
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classification of each position the Employee has held with the City and shall also
contain a record of all personnel action regarding the Employee including
examination records, performance reports, disciplinary proceedings, demotions,
promotions, salary changes and any other document relevant to City employment.
3.2 Job Description
General: The City will maintain a written description of each job containing a tide, a
statement of duties, authority and responsibilities of the position, and the experience
and qualifications deemed necessary and/ or desirable for the satisfactory
performance of the duties of the position. These descriptions will normally be
updated periodically, as duties or assignments change, or at the discretion of the City
Administrator.
B)
ork is the
y change over
3.3 Assignment of Work
Responsibility: Assignment of work duti
responsibility of the Department Head. It is
time to respond to the changing needs of
3.4 Classification of J ob Duties
Salary Range: Eac
not limited to, th
e assigned a salary range based upon, but
A)
wledge, accountability, problem solving, abilities and
e position;
ates of pay for other job classifications, whether comparable
C) The prevailing rates of pay for comparable positions in both public and
private employment in the appropriate labor market;
D) The cost of living as measured by the Bureau of Labor Statistics and
Consumer Price Index;
E) The value of fringe benefits provided by the Employer;
F) Financial and fiscal policies and considerations of the City, and other
pertinent economic factors.
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Approval: Each fiscal year, the City Council shall review the pay plan and adopt
salary ranges for each classification. The City Council may modify salary ranges at
any time. The City Council shall adopt hourly rates of pay for all positions not
covered by the classification and pay plan.
Reclassification: Whenever a job has changed sufficiently so that it no longer fits
the description, the City Administrator or designee shall make recommendation to
the City Council regarding the appropriate action which could involve: reclassifying
the job to another existing job class; creating a new job class, updating the job
description, restructuring the job to fit an established or proposed class, or other
action as deemed appropriate.
General: Vacant positions will be filled 0
appointment and may be made on a full- .
4. APPOINTMENTS
4.1 Vacancies
or temporary
If, in the opinion of the City
o attract more qualified
blic.
Evaluation Method:
the following ways: a
interview, a perfo
exam.
o be evaluated in one or more of
and training, a written test, an oral test or
e test, or other appropriate job-related
4.2
1hon vacancies for regular full-time and regular part-time
e pos on the official City bulletin boards in City Hall and the
. 0 for five (5) working days prior to advertising externally. The
posting will spec the title, starting salary or range, the nature of the work to be
performed, how to apply, the closing date for receiving applications, and other
pertinent information.
4.3 Recruitment and Selection
Recruitment: The City Administrator or designee is responsible to manage the
recruitment process to assure compliance with federal and state laws as well as City
of Centerville practices. This includes approving all job postings, advertisements,
placing of job advertisements, addendums to the application and other recruitment
materials. The City Administrator or designee will meet with the appropriate
supervisor to determine the best methods for recruiting. All appointments shall be
made on the basis of merit and fitness for the position. Merit and fitness may be
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determined by written, oral and/or other job-relevant examination, as well as by
consideration of education, past experience and other job-relevant qualifications.
Announcement: When the City recruits a position externally, the position will be
advertised in selected newspapers, periodicals, newsletters and/or through direct
mailings at least ten (10) days in advance of the deadline for application.
Application Form: Applicants for initial hire or promotion must normally submit
written application materials setting forth their qualifications and such other
information as may be pertinent and required by the City. Unless otherwise
stipulated by the City Administrator, applications will not be considered complete
without the inclusion of a signed, official City of Centerville employment application
form.
Application Review: The City Administrator and/or
applications and conduct job-relevant background re
determine candidate qualifications. Initial inte .
applicants whose qualifications are best-suited
meeting minimum qualifications required for
consideration.
etv1sor shall review all
all applications to
cted of the
applicant not
ected for further
, the examination shall be
ignee at a time and place
applicant may be rejected at any time if the
stage of the selection process.
4.4 App;
cil is the Appointment Authority for the City of Centerville
-time appointments, based upon the recommendation of the
City Administrat The City Administrator shall submit a hiring recommendation
based on the interview results of eligible candidates to the City Council.
Other: Appointments to budgeted part-time, seasonal, intermittent, and temporary
positions may be delegated to the City Administrator.
4.5 Temporary Appointments
General: If necessary to prevent interruption of service or inconvenience to the
public, the City Council may approve temporary appointments. A temporary
appointment may be made for a specified period of time or may be open-ended.
When the appointment is open-ended, the City Administrator shall determine the
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ending date based on needs of the City, subject to Council approval. Temporary
appointments will normally be of duration of six months or less. Extension of this
maximum time period may be made on an exception basis if warranted by the needs
of the City and approved by the City Council. Appointees to temporary positions
will not be entided to benefits.
4.6 Pre-Employment Medical Exams
Applicability: The City may determine that a pre-employment medical examination
is necessary to determine fitness for any City position. Where a medical examination
is required, the offer of employment shall be made contingent upon successful
completion of the medical exam. If the City determines that pre-employment
medical exams will be required, they shall be required of candidates who are
conditionally offered employment for a given job class.
Exam: A licensed physician designated
The physician conducting the exam shall be pr
and responsibilities and other pertinent informa
shall pay the cost of the exam.
whether or not a candidate is
strator shall inform the candidates of the
is rejected for employment based on the
. s determination and may request further
Confidentiality: The information obtained during
in the same manner as for confidential medical
Practices Act and HIP AA regulations.
Notification of Resul
results of their ex
results, he or sh
explanation from the
4.7
General:
provided by
restrictive, State
of minors will be limited to the ages and conditions as
ral Fair Labor Standards Act (FLSA) and, where more
labor laws.
4.8 U nioo Representation
Labor Relations Act: Relations between the City and its organized Employees are
guided by the Public Employment Labor Relations Act (p.E.L.R.A.) of 1971, as
amended, A copy will be made available for Employees upon request. J oIDing a
union is not required for employment. However, under the Act, the union may
require non members to contribute a "fair share fee."
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4.9 Probationary Appointments
Purpose: The probationary period is an integral part of the selection process and
shall be utilized for observing an Employee's work and for training the Employee
in the work expectations, for assessing the Employee's abilities, skills, and
interest, and for rejecting any Employee whose performance does not meet the
required work standards. The first six (6) months of employment shall be
considered an Employee's probationary period.
Duration: Probationary periods apply to new hires, transfers, promotions and
rehires. The Council, under special circumstances, may extend the probationary
period up to a maximum of six (6) additional months.
Termination during Probationary Appointment:
Administrator with approval of the City Council,
Employee anytime during that Employee's probatio
terminated shall be notified in writing of the re
not have the right to appeal unless he or she is
prescribed in Minnesota Statute ~197.46 s
law, shall be released from employment
through a fair hearing for incompetence or mis
Policy shall be construed to imply at after comp
an Employee has any vested int erty rig
uncil, or the City
ate a probationary
The Employee so
. on and shall
the procedure
wed. Vete ns, as defined by
only after a determination
Nothing in this Personnel
f the probationary period,
City employment.
ationary period from a position to
ay be reinstated to a position in the class
oted, upon approval of the appointing
ot open, the Employee may be placed on
time as an appropriate position is available.
Comple .
and r
City A
performance
should be contin
od: A performance evaluation will be completed
m oyee before the end of the probationary period. The
notify the Council as to whether the Employee's
atisfactory or not, and whether the employment relationship
City Administrator: In the case of the City Administrator, the Council will evaluate
the Employee and determine whether or not to continue the employment
relationship. The evaluation of the City Administrator shall be in writing on a
performance review form.
Notification: If the notification indicates the Employee has successfully completed
the probationary period and employment will be continued, the Employee will
become a regular Employee within the meaning of this policy. The Employee's
length of service will be computed from the date of hire for the purpose of
calculating the term of probationary period.
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4.10 Background Investigation
Upon the request of the City Administrator, the police department shall provide
certain criminal history data contained in the Minnesota Criminal Justice Information
System. The data to be provided must only be about finalists for City positions of
employment. The City Administrator must obtain the consent of the finalists before
requesting the data, but an applicant's failure to provide consent may disqualify the
applicant from the prospective position.
5. EMPLOYMENT STATDS CHANGES
5.1 Reclassification
eclassification will be
hanges in the kind,
osition. A
e City Council
ity Administrator.
5.2 Promotion
of present Employees who meet
on, when it is in the best interest of
5.3 Demotion
range,ra
may also be
he/she cannot
and suited.
demoted if found unsuited for the present position
pe rm satisfactorily in a position of having a lower pay
/ or lesser responsibility than previously held. An Employee
ot if his/her position has been abolished or reclassified and
nsferred to a position of equal pay for which they are qualified
5.4 Reduction of Workforce
General: If it is necessary to reduce personnel, temporary Employees and those
serving a probationary period in affected job classes will be separated before regular
Employees. Within each of these groups, the selection of Employees to be retained
shall be based on merit and ability as determined by the City Administrator, subject
to Council Approval.
Lay-off: The City may layoff any Employee whenever such action is made
necessary by reason of shortage of work or funds, the abolition of a position, or
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because of changes in organization. Two weeks advance written notice of the lay-off
shall be given. An Employee may be transferred to another position if such
Employee is qualified arid a position is available. When a lay-off occurs in a job
classification in which more than one Employee serves, qualification and job
performance shall be the basis for determining which Employees are laid-off unless
otherwise required by law.
Not Disciplinary Action: The suspension and dismissal procedures outlined in
Section 17, Discipline, of these policies shall not apply to separation covered by
reduction in force.
6. COMPENSATION AND WORK HO
Wages: All Employees of the City shall be
schedules or salaries as determined ann 1
recommendation of the City Administrator
wages or salary of any job class at any tim
g to wage
cil upon the
ge or modify the
6.1 General Policy
Starting Wage: Initial appointme
the adopted wage for the ap .
starting rate at the discretion f
training, qualifications and/or ex
position.
s will normally be made at
ptions may be made to the
. , based on additional education,
e that normally required for the
6.2 Pay Periods
Bi-weekly.
rece1ve
holida} ,
paid by check, on alternate Thursdays. The pay
for the hours worked during the pay period plus any
, overtime, and PTO taken during the period.
6.3
General: All Employees are expected to perform their regular work duties when
required to do so by their supervisor, including situations where the workday or
workweek requires additional hours or different hours from that normally scheduled.
Timeliness: It is expected that all Employees will report to work on time, use their
available hours to the best advantage, and leave only after the regular work hours are
completed.
Full-Time Work Week Defined: The regularly scheduled work week for full-time,
non-supervisory Employees is eight (8) hours per day and forty (40) hours per week,
with the regular work week defined as Monday through Friday, 8:00 a.m. to 4:00
p.m., including rest periods.
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Part-Time Work Week Defined: The regularly scheduled work week for part-
time, non-supervisory Employees is less than thirty-two (32) hours per week,
including rest periods. Flexible work schedules will be allowed on a case by case
basis as approved by the City Administrator.
6.4 Work Breaks
Meal Break: Employees working eight or more consecutive hours will be
authorized an unpaid meal break.
Rest Break: When working under conditions where the use of a rest break is
practical, Employees will be allowed to take a fifteen-min break approximately
midway through each four-hour shift. The time of is subject to the
approval of the supervisor. Unused rest breaks may accumulated, nor may
they be used for any purpose other than a mid-shift Unused rest breaks
may not be used to leave work early.
6.5 Job Sharing
'dual basis at an Employee's
ediate supervisor. Any
subject to approval by the
General: Job sharing will be considered on
request. Arrangement should b made with
agreement between an Emplor
Council.
6.6 Overtime
., ployees may be required to work extra hours
during unexpected peak workload periods. The
. e will be in accordance with the applicable Fair
oWlng:
Emp yees: Full-time, non-exempt Employees shall be
their supervisor requires them to undertake in excess of a
forty-hour work . Holiday and PTO hours are considered hours worked for the
purpose of computing a forty-hour work week. The compensation shall be
computed at one and one-half times the regular rate of pay. The Employee shall be
compensated for any overtime worked in the same pay period it is earned.
Exempt Employees: Exempt Employees shall not be granted overtime
compensation unless a special contractual agreement exists. However, exempt
Employees shall not be denied compensation for any absence of less than one day,
since the Employee is presumed to work forty hours per week, some during the
regular workday, and some outside those hours.
Overtime Authorization: Overtime should be avoided, but when it is necessary,
the City Administrator must give specific approval prior to its being earned. Pre-
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authorization may be presumed by Employees in emergency situations such as excess
snowfall, flood, severe storms, water main breaks, lift station malfunctions, or other
similar situations where the immediate response of staff is required to avert
endangerment of life, home or property. In the event of an emergency situation, the
City Administrator shall be notified immediately.
6.7 Compensatory Time
General: The City of Centerville may give compensatory time off, in lieu of paid
overtime, when it is mutually agreed upon with individual Employees before the over
time hours are worked. The Employee must be allowed to take compensatory time
off at his/her convenience. A compensatory time-off request can not be denied
unless it is an "undue hardship" for the City.
in excess of a normal
half (1 %) times the
al work day,
and one-half
Rate: Employees who are assigned to work by the E
work day shall be compensated at the rate of on
Employee's basic hourly rate for all hours worke ex s of
or shall receive equivalent compensatory tim the rate 0
(1 %) hours for each hour worked.
Procedures: Employees may be allowed to A to a maximum of eighty (80)
hours of compensatory time. Em loyees must re t pensatory time off in the
same manner as they request unused co satory time will be paid off
before December 315t of each. ensatory time will be paid upon
termination of employment at the gular rate of pay at the time of
termination.
6.8 Outside Emp
ote all work time to City business. Work time describes
che No work relating to outside employment or other
peLormed during work time.
utside employment may not present a conflict of interest, or
the welfare of the City.
Performance: Outside employment shall not interfere with an Employee's proper
performance of City duties. Employees are required to be available at all times for
emergency or overtime work as needed. With the exception of overtime work,
Employees should be able to report to work refreshed and ready for work.
Contracts with City: Employees are prohibited from working for any contractor or
company that has a contract with the City during the period of time in which work is
being done for the City.
Supplies: No Employee shall accept employment that requires the use of City
equipment, facilities or material.
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Compensation: No Employee shall accept payor compensation from anyone for
work done during time being reimbursed by the City. Employees who are volunteer
firefighters shall:
A) Make up time lost due to emergency calls;
B) Use accumulated personnel leave or other leave for such calls, or pay the City
any earnings received as a volunteer for such calls;
C) Unless authorized otherwise, only one Employee may respond to an initial
fire call.
General: Employees may not be absent
supervisor. Any Employee absent from
subject to disciplinary action up to and inclu
from work may be considered a res. ation witho
be taken up with
Questionable Situations: Any doubtful case or proble
the City Administrator if it may involve a conflict of int
6.9 Unauthorized Absences
6.10 Solicitation
any purpose is prohibited during the
citing and the Employee being solicited.
as on of funds, pledges, taking orders or
petition , solicitation of memberships or any similar type
e made with prior approval of the City administrator or
ature by Employees including handbills, leaflets,
rial is prohibited at any time in any working area.
7. HOLIDAYS
7.1 General
Eligibility: Regular full-time Employees are eligible for the paid holidays as listed
below. Part-time, seasonal and temporary Employees will not be eligible for holiday
pay.
7.2 Holidays
New Year's Day
Martin Luther King's Birthday
President's Day
January 1
Third Monday in January
Third Monday in February
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Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Fourth Friday
Christmas Day
Floating Holiday
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 25
Date to be pre-approved.
Sunday/Saturday Holidays: If a holiday falls on a Sunday, the following day will
be the observed holiday. If a holiday falls on a Saturday, the preceding day will be
the observed holiday.
Floating Holiday: Each Employee gets one floating holi
taken at the request of the Employee, with prior ap,
supervisor. Floating holiday may be taken during
unused floating holiday shall be forfeited and may
payroll year nor paid as severance.
r year and it may be
f the Employee's
ationary period. An
. ed over to the next
7.3 Holiday Pay
Not Worked: An Employee not s
at the normal hourly rate.
on holidays will be compensated
On Leave: Holi
considered a holi
funeral on that day.
Employee's PTO or funeral leave will be
leave bank will not be charged for PTO or
8.
IME OFF (PTO) - LEAVE WITH PAY
8.1 General
Eligibility: Full-time Employees who have worked for the City for at least six
months are eligible to accrue annual Personal Time Off leave (PTO) from the date
the Employee is hired. PTO will be available for use as it is accrued according to the
schedule below.
8.2 Accrual
Rate of Accrual: Full-time Employees shall earn PTO leave at the following rates.
Years of Service
0-4
PTO Earned
6.77 hours per pay period
15
5-9
10 -15
16+
8.31 hours per pay period
9.85 hours per pay period
11.38 hours per pay period
Accrual While Using: Employees using earned PTO shall be considered to be
working for the purpose of accumulating additional PTO.
8.3 Requirements
Usage: Personal Time Off (PTO) Leave may be used as earned, subject to approval
by the Department Supervisor or City Administrator. PTO may be taken in
increments of one hour or more. Up to a maximum of 176 hours of accrued PTO
may be carried over to the next year.
Procedure: To be eligible for PTO leave with pay,
soon as possible to his or her Department Head the
its estimated duration. Requests to use PTO s r
hours in advance of the requested time off
discretion of the City Administrator.
be the Employee's regular rate
nt of termination in good
regular rate of pay.
ys occurring during an Employee's
employee will not be charged for PTO
WI amily and Medical Leave: In order to allow
e Off leave with Family and Medical Leave, Employees
ed to provide enough information about the purpose
tion of whether the leave will also qualify for Family
ve Prohibited~ No Employee is permitted to waive personal
se of receiving double compensation.
Workers' Compensation: Employees are covered by workers' compensation laws
and regulations of the State. In the event an Employee is disabled and is entitled to
workers' compensation, the Employee will keep any workers' compensation
payments received and will be eligible to receive a bi-weekly pay check equal to one-
third (1/3) of the Employee's regular pay through the use of personal leave benefits.
In addition, the Employee will be entitled to insurance benefits during a workers'
compensation leave. Employees receiving such workers' compensation will be
considered working for the purpose of accumulating additional personal leave
benefits.
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Unused PTO Leave Pay: Any unused Personal Time Off leave may be paid out
subject to the following rules and regulations:
(A) The Employee must be in good standing and give proper notice of
termination in the case of resignation.
(B) Qualifying Employees shall receive pay for all of their unused PTO
accumulated at the time of termination.
8.4 Donation of Personal Leave
General: With the expressed written approval of the City Council, City Employees
may donate accrued PTO in one-hour increments to fellow loyees experiencing
extended time off due to a serious medical problem or c and who have no
accumulated PTO or compensatory time. The use 0 onated personal leave
must be approved by the Department Head and the A.. strator and will be
converted to the receiving Employee's hourly rat ubdi es not apply
to part-time, temporary or seasonal positions nized Em s who have a
sick pool that is already established. Th na . on of perso leave from one
Employee to another shall be subject . tional following terms and
conditions.
(A) A written request to don
via the City Administr
(B)
9.1 Unp
. . strator may authorize an unpaid leave of absence for up
paid leaves of absence for greater periods must be authorized by
the City Council. Decisions on unpaid leave of absence requests will normally take
into consideration the Employee's performance, length of service and the general
interest of the City. No Employee benefits will be earned by an Employee while on
unpaid leave of absence and an Employee will not accrue or be paid holiday payor
PTO leave while on leave of absence. Leave of absence hours will not count toward
seniority and all accrued PTO must normally be used before an unpaid leave of
absence will be approved.
9.2 Family Medical Leave Act (FMLA)
General: The Pamily and Medical Leave Act (FMLA; 29 U.S.C.A. ~ 2601 - 54 and
29 C.P.R. ~ 825.100 et. seq.) requires public agencies to provide up to twelve (12)
17
weeks of unpaid leave to eligible Employees for reasons relating to family and
medical care.
Eligibility Requirements: To be eligible, an Employee must have worked for the
City for at least 12 months, worked at least 1,250 hours during the 12 months
preceding the start of the leave, and be employed at a worksite with 50 or more
Employees within 75 miles of that work site (elected official are not counted.)
Eligible Uses: Eligible Employees can take up toe 12 workweeks of unpaid leave
during a 12 month period to care for a newborn or newly adopted child or newly-
placed foster child; care for a spouse, son, daughter or parent with a serious health
condition; or care themselves during a serious health condition. A serious health
condition is defined as:
(A)
An illness, injury, impairment or physical or m
either inpatient care or continuing treatmen
three (3) or more consecutive days;
n . tion that involves
th care provider for
(B) Any period of incapacity because of
(C) Any period of incapacity because of a c
(D) treatments by health care
after accident or injury, or for a
a of incapacity of more than three
uire the Employee to document the need
. on issued by a health care provider. The
en (15) calendar days to obtain the certification.
Inte
Sc ute Leave: The FMLA permits Employees to take
nt basis or to work a reduced schedule under certain
Substitution of . d Leave: Employees may choose to use accrued paid leave to
cover some or all of the FMLA leave taken.
Job Restoration: When an Employee returns from FMLA leave, the City must
restore the Employee's original job or an equivalent job.
Health Benefits: The City must keep the Employee on its health insurance
coverage, including family coverage, and continue to pay the City's share of the
coverage as if the Employee were still at work. The Employee must pay his or her
share of the premium. The City may cancel coverage if the Employee's premium
payment is more than thirty (30) late and the City has given the Employee written
notice at least 15 days in advance advising that coverage is going to be canceled if the
premium is not received.
18
Other Benefits: Other benefits, including cash payments chosen by the Employee
instead of group health insurance coverage do not have to be maintained during
periods of unpaid FMLA leave.
9.3 Military Leave
General: Minnesota Statutes, ~ 192.26 - 192.261 provide that an Employee of a
municipality who is a member of the National Guard, the Naval Militia, the Officer's
Reserve Corps, the Naval Reserve, the Marine Corps, or any other reserve
component of the military or naval forces of the United States, is entitled to a leave
of absence without loss of pay, seniority status, efficiency rating, or benefits for the
time such Employee is engaged in training or active service, exceeding a total of
fifteen (15) days in any calendar year.
at least fifteen (15) working
may be waived under certain
Conditions: The leave of absence is only in the
employment immediately upon being relieved fr
prevented from returning by physical or men
of the Employee, or is required by the pr
naval service beyond the fifteen (15) d
absence.
Notice Requirements: Notice
days in advance of the requ
circumstances.
Active Duty: In ac
leave of absence
his/her fifteen (15 cIa
paid time wi]
, the Employee will be granted an unpaid
duty. If an Employee has not yet used
when called to active duty, use of any unused
to the unpaid leave of absence.
Insur3
procedure
unpaid leave
work time for p
or ntinuation of insurance coverage will follow the same
rminated or laid off Employee while an Employee is on an
for active duty. The leave of absence will not be considered
es of PTO accrual.
Status upon Return: Returning reservists have the right to return to their jobs or to
another job of similar seniority, status, and pay upon. completion of active duty in
accordance with M.S. 192.261, Subd. 2 and 38 U.S.c. ~ 2021 and 2024.
9.4 Jury Duty
General: Regular Employees may be absent with pay when serving jury duty or
when subpoenaed as a witness in court or voluntarily serving as a witness in a case in
which the City is a party.
19
Pay: To receive their normal wages, the Employee must pay the City the jury duty
compensation, minus any mileage or parking reimbursement. If the jury duty
compensation exceeds the regular salary rate, the Employee may keep the difference.
9.5 Funeral Leave
General: Paid time off may be granted, up to a maximum of three (3) days, in the
event a regular Employee suffers a death in his or her immediate family, in
accordance with the provisions of this Section. Additional time off without pay, or
sick leave if available and requested in advance, will be granted as may reasonably be
required under individual circumstances, subject to the approval of the department
head.
Pay: The actual amount of time off, and
by the department head depending on in
closeness of the relative, arrangements to be IDa
these situations, Employees will their re
not be paid for regularly sched'
approved will be determined
circumstances, (such as the
t2 e to the funeral, etc.). In
except that Employees will
Immediate Family Defined: Immediate family (for p
defined as an Employee's parent, step-parent, spouse,
adopted child, brother, sister, step-brother, step- .
spouse's parents, brother-in-law, sister-in-law,
household.
9.6 Parenting Leave
General: Under
six weeks time off wi
The leave
that, in
the lea
.941, an Employee is eligible to take up to
y ill co Junction with the birth or adoption of a child.
re than six weeks after the birth or adoption; except
must remain in the hospital longer than the mother,
than six weeks after the child leaves the hospital.
s who work at least half-time and have worked for the City
consecutive months are eligible for parenting leave.
Health Benefits: Insurance coverage will continue to be available to the Employee
while on parenting leave. The City will continue to pay its share of the coverage as if
the Employee were at work. The Employee will be responsible for his/her share.
Use of Personal Leave: Employees are not required to use personal leave during
parental leave but may use personal leave at their option for any period of this leave.
Reinstatement: The Employee is entitled to return to work in the same or
comparable position and at the same rate of pay the Employee was receiving prior to
commencement of the leave. Benefits will continue to accrue as if the Employee
was at work.
20
9.7 School Conference and Activities Leave
Leave of 16 Hours: Under Minnesota Statute ~ 181.9412, an Employer must grant
an Employee leave of up to a total of sixteen (16) hours during any twelve- (12)
month period to attend school conferences or school-related activities related to the
Employee's child, provided the conferences or school-related activities cannot be
scheduled during non-work hours. If the Employee's child receives child care
services or attends a pre-kindergarten regular or special education program, the
Employee may use the leave time provided in this section to attend a conference or
activity related to the Employee's child, or to observe and monitor the services or
programs, provided the conference, activity, or observation cannot be scheduled
during non-work hours. When the leave cannot be sche ed during non-work
hours and the need for the leave is foreseeable, the ee must provide
reasonable prior notice of the leave and make a reas effort to schedule the
leave so as not to disrupt unduly the operations of th 10
. d" includes
Foster Child:
foster child.
Unpaid or Use of PTO: The school confere
except that an Employee may
compensatory time for any part
activities leave will be unpaid,
ed paid PTO leave or
ction.
9.8 Service as Election Judge
B.195, an individual who is selected to
.J;:"~lP,.J to 04B.21, subdivision 2 may, after giving the
ritten 11 tice, be absent from work for the purpose of
.thout penalty. The Employer may restrict the number
judges to twenty (20) per cent of the workforce at a
Wages: The
reduced by the
the time the Em
wages of the Employee serving as an election judge shall be
t paid to the election judge by the appointing authority during
oyee was absent from employment.
Request: The written request to be absent from work must be accompanied by a
certification from the appointing authority stating the hourly compensation to be
paid to the Employee for service as an election judge and the hours during which the
Employee will serve.
9.9 Leave for Bone Marrow Donation
General: Under Minnesota Statute ~ 181.945, an Employee who works an average
of at least 20 hours per week is entided to a paid leave of absence to undergo a
medical procedure to donate bone marrow. The combined length of the leave may
21
not exceed forty (40) hours, unless agreed to by the Employer. The Employer may
require verification by a physician of the purpose and length of each leave requested
by the Employee to donate bone marrow. If there is a medical determination that
the Employee does not qualify as a bone marrow donor, the paid leave of absence
granted to the Employee prior to that medical detennination is not forfeited.
9.10 Civil Air Patrol Leave
General: Under Minnesota Statute ~ 181.946, an Employee who works an average
of at least 20 hours per week and is a member of the civil air patrol is entitled to
leave of absence without pay for time spent rendering service as a member of the
civil air patrol on the request and under the authority of the State or any of its
political subdivisions. The leave shall be granted unless leave would unduly
disrupt the operations of the Employer.
s sectio 'election" means a regularly
tion to fill a vacancy in the office
R esentative, or an election to fill a
te Representative.
9.11 Time Off to Vote
General: Under Minnesota Statute 204C.04,
in an election has the right to be absent fro
the morning of the day of that election, w
wages because of the absence.
Elections Covered: For p
scheduled State primary or ge
of United States Senator or Unite
vacancy in the office of
9.12
General:
granted
period
adoptive p t's
placement or c .
accrued personal
tute ~ 181.92, Employees shall, upon request, be
four s off, without pay, for the adoption of a child. The
begm before, or at the time of, the child's placement in the
ho , and shall be for the purpose of arranging the child's
r the child after placement. An Employee may choose to use
e for all or a portion of the adoption leave.
9.13 Sick or Injured Child Care Leave
General: Under Minnesota Statute ~ 181.9413, Employees may use personal leave
benefits provided by the City for absences due to an illness of or injury to the
Employee's child for such reasonable periods as the Employee's attendance with the
child may be necessary, on the same terms the Employee is able to use sick leave
benefits for the Employee's own illness or injury.
22
10. TEMPORARY LIGHT DUTY POLICY
10.1 Application
Temporarily Disabled: Consistent with public service needs, the City may assign
light duty to employees who are temporarily disabled and unable to provide full
performance of all work duties assigned to their job classification. The City reserves
the sole right to determine, on a case-by-case basis, whether light duty will be
assigned and, if assigned, what duties the employee will be expected to perform in
the duration of the assignment.
Procedure: The procedure for applying for light duty assignment will be as follows:
B) dent aluation conducted by a physician
the diagnosis, current treatment, work
" sability.
When an Employee is unable, due to tempor
performance of all work duties assigned to the
the Employee may request light duty by co
Duty form and submitting it to his/her
state the nature and extent of the t
which the Employee is unable to
the disability and any work restric n
usually require the request to be acc
containing diagnosis, curre treatment, ana
assignment with any res reon.
"ty, to provide full
ee's job classification,
Request for Light
request shall
the job duties
g with the xpected length of
o the disability. The City will
Oed by a physician's report
ian approval for light duty
A)
C) ding t duty will be made on a department-by-
as basis. The Department Head, in consultation with
. consider such factors as public service needs and
era ons, the need for work which may be assigned as light
yee's capability of performing the work, the number of
available for work due to injury or illness, and other relevant
D) The City will determine what job duties the Employee will perform. These
duties may include those currently assigned to the Employee's job
classification or any other duties the City considers to be appropriate.
Duration of light duty will be determined at the sole discretion of the City.
E) Assignments to light duty will be reviewed on a monthly basis or more often
as deemed necessary by the City. The City, in its sole discretion, reserves the
right to terminate a light duty assignment at any time based upon, but not
limited to, the factors set forth in sub-item C) above.
23
11. INSURANCE PLANS
11.1 Health Insurance
Upon proper application and subject to payment of any required premiums, all
regular full time Employees, working at least 32 hours per week, will be required to
be covered by the City's health, dental and life insurance plans. Subject to the
payment of the required premiums, an Employee's dependents may also be covered
under such plans.
11.2 Cafeteria Plan
(A)
ong term care insurance
The Employer will contribute an amount, designated 0
of the City Council, to the Employee for use .
Employer. Employees are required to choose I
defined in the Employer's Cafeteria Plan doc
the required core benefits have been purch
of the plan, such as:
(B)
(e)
nonsored deferred compensation (457)
(D)
ay elect to receive the balance in taxable income.
OYEE TRAINING/TRAVEL
12.1
Training and Education
Employees may take advantage of training opportunities to help them improve the
performance of their present work assignments and to prepare them for future
assignments.
Cost, staffing, benefit to the City, and other appropriate issues will be considered by
the City Administrator in approving requests or assigning training. Time to attend
required training will normally be paid time.
Advance payments may be authorized for conference registration fees. Once paid,
Employees will be held responsible for those fees if the Employee later chooses not
to attend, unless unforeseen circumstances appear such as an illness, death in the
24
family, emergency, etc. Other expenses eligible for reimbursement require receipt of
appropriate documentation. Required documentation and receipts vary depending
on the event. Meals, lodging and parking require itemized receipts.
12.2 Tuition Reimbursement/Educational Assistance
The City of Centerville encourages its Employees to enroll in job related educational
programs and may provide support through tuition reimbursement. This does not
include reimbursement for textbooks or study materials. Under IRS regulations, the
reimbursement of certain courses must be reported as taxable income to the
Employee.
Requirements: In order for a class to qualify for reimb
conditions must be met:
. The class/course must be job related;
. The class/course must be take stitution of
higher learning or vocational-t
. The class/course must be
to enrolling;
. The Employee must receive a pa ~ a j e (C or better) in order to
receive reimburse
.
on Reimbursement form and
.
b en completed, the Employee must
grade form and the original receipt for
.
m remain with the City for one year after
class / course, or reimburse the City for the total cost
in the previous one-year period.
sement forms are available from the Finance Director. A
pleted Tuition Reimbursement form will be placed in the
file.
Limit: No employee may receive in excess of $500 tuition reimbursement in any
one calendar year. The City Council may waive this limitation in unusual
circumstances where it is determined that there is a justifiable City need for an
Employee to take additional schooling.
12.3 Travel Reimbursement
The City Council may authorize travel at City expense for the effective conduct of
City business. Authorization must be granted prior to incurring the actual expenses.
Employees so authorized will receive reimbursement for necessary and incidental
expenses according to the terms outlined in this policy and IRS requirements for an
25
"accountable plan." Receipts and/or other verification of the expenses, which show
the actual cost of lodging, meals and incidental expenses, are required for
reimbursement.
A) . Automobile Expense: When Employees are required to use their own
vehicles to conduct City business or to attend approved training, the City will
reimburse the Employee for mileage at a rate established by action of the
City Council. The adopted rate will remain in effect until a change in rate is
approved.
B) Overnight Travel: Lodging expenses include actual reasonable cost of
lodging while away on approved travel or training. The amount of
reimbursement for an individual attendee of a conn ence or meeting will
normally be the least expensive single room rate at the location of
the conference, or the actual cost, whichever is 1
C) Meal Allowance: Employees will be r. b
and a reasonable gratuity, when on ed
Employees will be reimbursed for mt'
meetings only when the meals are
fee. In other words, Employees are
meals are provided. The maximum allow
will be set periodically b r. ity Council.
considered nontaxable rules or an "accountable plan," the
meal expense must be in c an overnight stay and a receipt
must be provided. eimburs for eal expenses not in connection with
an overnight taxable . be reported on the Employee's W-2
form. Me ch are ltemized and are part of a conference or
meeting regis included in this requirement and will not be
consi xao
D) an ees: When prior approval has been granted by the
registration and/or conference fees are eligible for
r pre-payment.
E) d Alternative Travel: The City will reimburse the Employee for
necessary parking fees incurred for required travel. The City will also
reimburse for the Employee for the reasonable cost incurred when approved
travel is made by other means of transportation, but will be reimbursed only
the amount that would have been reimbursed had the Employee traveled
using the least cosdy method, unless otherwise approved.
F) Overnight Travel Away From Home: Travel away from home is work
time when it cuts across the Employee's work day. The time to be
considered is not only hours worked on regular working days during normal
working hours, but also during the corresponding hours on non-working
days.
26
Example: If an Employee regularly works from 8:00
a.m. to 4:30 p.m., Monday through Friday, the travel
time during these hours is work time on Saturday and
Sunday as well as on the other days. Thus, if travel is
overnight and done outside of working hours, the
travel time is not compensable.
12.3 Applicability
General: Travel and expense reimbursement provided for in this section shall apply
to both the Employees of the City and the members of the City Council traveling
specifically to conduct City business.
13.1 Employee Performance Appraisal
13. PERFORMANCE APPRA '
ance evaluated at least once
(l every twelve (12) months
. Employee personnel files
ontemplated. Performance
the established performance
14.1 General
~th and safety of each Employee of the City and the
nal juries and illnesses are of primary importance to the
egree possible, management will maintain an environment
azards and has established safety policies and procedures for
each departmen Adherence to these policies is the responsibility of each
Employee. Ov rall administration of this policy is the responsibility of each
department head. Violation of established policies and rules may result in
disciplinary action under the discipline section of the City's personnel policy.
14.2 Safety / Accident Reporting
Forms: Workers' Compensation and OSHA laws require that Employees involved
in job-related accidents and sicknesses file a First Report of Injury as soon as
possible. If necessary the Employee's department head may file the report on behalf
of the injured or sick Employee. The department head is also responsible for filing
an accident report with the City's Safety Officer.
27
15. SMOKING
15.1 General
Prohibited: In the interest of good health, the City discourages Employees from
smoking. Smoking is prohibited within all City buildings.
Approved Areas: The City Administrator will designate specific outdoor areas as
smoking areas. There will be no smoking in areas not designated as smoking areas.
If smoking results in discomfort to others, smokers are required to stop smoking.
Smoking in non-approved areas may result in disciplinary action.
Step 1:
16. GRIEVANCE
16.1 Grievance Procedure
Procedure: The following grievance pro
except those covered by the terms of a collec
grievances must be filed by the Employee adve
City.
file his/her grievance, in writing,
pen... or within ten (10) working days of
. evance arises or the date upon which
are of the action. In cases where the
affected by an action administered by a
e of a higher rank than that of his/her immediate
ffected Employee shall file his/her grievance, in
e City Employee whose action the adversely affected
is grieving. Notice must include the following:
Statement of the grievance and relevant facts;
B) The remedy sought; and
C) The specific provision of the personnel policy (if applicable).
The supervisor shall respond to the grievance, in writing, within ten
(10) working days.
Step 2:
If the Employee is dissatisfied with the response of his/her
supervisor, the Employee may, within ten (10) working days from the
date of the response, appeal the grievance to his/her department
head. The department head shall respond to the grievance, in
writing, within ten (10) working days.
28
Step 3:
Step 4:
If the Employee is dissatisfied with the response of the department
head, he/she may, within ten (10) working days appeal to the City
Administrator. The City Administrator shall respond to the
grievance, in writing, within ten (10) working days.
If the Employee is dissatisfied with the decision of the City
Administrator, he/she may appeal, in writing, to the City Council
within ten (10) working days of his/her receipt of the City
Administrator's decision. The City Council shall consider the written
appeal, along with the City Administrator's Step 3 response, and any
other pertinent information developed throughout the grievance
procedure. The Council shall then decide wh er to affirm the City
Administrator's decision or consider the . new. In general,
Council review will be limited to inte . on of this personnel
policy and will not relate to issues of f:
Assistance: An aggrieved Employee may be
grievance by any person acting in an adviso
relevant to the grievance. At any step ir
authority may request additional information,
he/she deems necessary.
17.1 Objective
e re . ements set forth above shall
ocedure. Time limits set forth in
on ritten consent of both parties. Any
ay be waived by written consent of the
representative to whom the grievance is
d presentation of grievances shall be accomplished
g urs when consistent with Employee duties and
. eved Employee shall be allowed a reasonable amount of
, to present evidence concerning his/her grievance.
17. DISCIPLINE
Supervisory Responsibility: Supervisors are responsible for maintaining
compliance with City standards of Employee conduct. The City reserves the right to
use discretion and to deviate from this policy.
Employee Responsibility: City Employees are expected to fulfill their duties and
responsibilities at the level required, including observance of work roles and
standards of conduct. Failure to do so may result in disciplinary action.
29
Non-Discrimination: Discipline will be administered in a non-discriminatory
manner. The supervisor will normally investigate any allegation on which
disciplinary action might be based before any disciplinary action is taken.
17.2 Process
The City of Centerville will normally use progressive and fair discipline with full-time
regular Employees. There may be circumstances that warrant deviation from the
suggested order of the disciplinary process. The normal process is as follows:
A) Oral Warning: Oral warning should normally be given for the first
infraction to clarify expectations and put the Empl e on notice that the
performance or specific behaviors need to change e may be time when
the first infraction is so serious that an oral w y be insufficient.
B) Written Warning: A written warning s
warning along with a description of
warning. It shall normally describe n
the problem, if applicable, in
improvement. It will indicate further
the problem continues or i related proble
to sign acknowledging that he or
or their records. Another copy of
ed in the Employee's personnel file.
s than oral warnings and normally follow
e p lem is not corrected or the behavior is not
.ven a reasonable period of time for improvement.
equire skipping either a verbal or written warning, or
C) Suspe e Employee will normally be notified in writing of the
reason t e suspension, either prior to the suspension or shortly
thereafte. Upon the Employee's return to work, the Employee will be given
a written statement outlining further disciplinary action possible should the
problem continue or reoccur. A copy of the written document shall be
placed in the Employee's personnel file.
An Employee may be suspended pending an investigation of an allegation. If
the allegation is proven false after an investigation, the relevant written
documents will be removed from the personnel file and the Employee will
receive any compensation to which hel she would have been due had the
suspension not taken place.
30
For any suspension, or any second suspension for the same individual, the
City Council shall review the reasons for the suspension and upon review,
will make a recommendation as to the future status of the Employee and
his/her continued employment with the City.
D) Dismissal: The City Council may dismiss any Employee following a five-
(5) day suspension. The dismissal notice shall be in writing and shall contain
the reason for dismissal.
17.3 Reasons for Dismissal
Subject to the provisions contained in Minnesota Statutes ~ 181.931 - 181.935, the
City Council may dismiss an Employee for substandard ork performance or
behavior not in keeping with City standards, or if in ent of the City
Council, the Employee is unsuited for employment wi
18.1 General
Under Minnesota Statute ~ 197.46, removal 0
incompetence or misconduct shown after a he
de only for
g a working environment free of
g with this commitment, the City maintains
ent, including sexual harassment. This
~ , including verbal and physical harassment.
Employees.
d to make all Employees sensitive to the matter of
exp ss the City's strong disapproval of unlawful sexual
ployees of their behavioral obligations and to inform them
18.2 Definition
General: To provide Employees with a better understanding of what constitutes
sexual harassment, the following definition, based on Minnesota Statutes, is hereby
provided:
Sexual harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact, or other verbal or physical conduct or
communication of a sexual nature, when:
A) Submission to the conduct or communication is made a term or condition,
either explicidy or implicidy, for obtaining employment;
31
B) Submission to or rejection of that conduct or communication by an
individual is used as a factor in decisions affecting that individual's
employment;
C) That conduct or communication has the purpose or effect of substantially
interfering with an individual's employment or creating an intimidating,
hostile or offensive employment environment and the Employer knows or
should have known of the existence of the harassment and fails to take
timely and appropriate action.
Examples of inappropriate conduct include but are not limited to:
18.3 Expectations
.
.
Unwanted physical contact
Unwelcome sexual jokes or comments
Sexually explicit posters or pin-ups
Repeated and unwelcome requests
Sexual gestures
Any indication, expressed or .
or any other condition of
rejection of unwelcome sexual
.
.
.
.
e need to educate its Employees on
s committed to provide information and
at each other and the general public with
environment that is free from unwanted
s po may result in discipline, including possible
be evaluated on a case by case basis depending on the
volved.
sexual harassment issue to be addressed, it must be brought
agement. In order for action to be taken, information must
ppropriate level of management.
Report to: Any Employee who believes he or she has been harassed by a co-
worker, supervisor, or agent of the City should prompdy report the facts of the
incident or incidents and the names of the individuals involved to his or her
supervisor or in the alternative to the City Administrator.
Responsibility: Supervisors should immediately report any incidents of sexual
harassment to the City Administrator. If the City Administrator is unavailable,
supervisors should report the incident immediately to the Mayor or a
Councilmember. The City Administrator (or mayor or councilmember) will
investigate such claims and take appropriate action.
32
In addition to notifying one of the above people and reporting the nature of the
harassment, the Employee is also urged to take the following steps:
A) Clearly indicate to the harasser that the conduct is unwelcome and document
that conversation;
B) Document the occurrences of harassment;
C) Submit the documented complaints to your supervisor, the City
Administrator, mayor or councilmember. It is required that the complaint is
in writing;
D)
Document any further harassment or reprisals that oc
is made.
after the complaint
Rights: Employees have the right to raise the issue arassment and to file
complaints with respect to such harassment wi t . sa!. . IT recognizes
that there are inherent difficulties in develo . . dence an taining close
working relationships among Employees instances wher arassment has
occurred. Because of this, the City urges con which is viewed as offensive,
be reported immediately to allow for correctiv n to be taken through education
and initial counseling, if appropriate.
n to ovide an environment free of
obligated to prevent and correct
oes ot abridge the rights of the accused.
f all Employees is required.
Action: The City 0
harassment t xte
any relat
always
answer c
Reasonable
involved, to the
all cases, take action to correct any reported
ence is available to verify the alleged harassment and
.ons will be investigated. Strict confidentiality is not
ases sexual harassment as the accused has the right to
. st them, particularly if discipline is a possible outcome.
be made to respect the confidentiality of the individuals
possible.
19. RESIGNATION
General: Any Employee wishing to leave municipal service in good standing must
submit a written resignation to his or her supervisor at least fourteen (14) calendar
days before an Employee's anticipated leaving. The resignation must state the
effective date of the resignation may state the reason for leaving. The City
Administrator may waive the notice requirement if it is determined to be in the best
interest of the City.
33
20. CODE OF CONDUCT AND ETHICS
20.1 Purpose
General: The City Council of the City of Centerville requires all Employees of the
City to adhere to the following code of conduct and ethics. The purpose of this
policy is to establish standards for all such persons by setting forth actions which are
incompatible with the best interest of the City of Centerville, its taxpayers or in
conflict with state or federal laws.
20.2 Conflicts of Interest
Any Employee having an interest in any pro
Council and who gives an opinion or reco
on the record of the Council meeting the n
No Employee having the power or duty to perform an offie'
directly or indirectly interested in any contract, transactio
City of Centerville except as provided for in the Minn
of the City
, shall disclose
an interest.
A)
There is a reasonable pu
auction; and
e goods are sold through public
B)
The prope
highest re
involved in the
id process and the Employee has the
ployee who buys the property must not be
or se ed bid process.
gift or gratuity in any size under circumstances in
abl thought to influence him or her in the performance of
or in which it appears to be a reward for any official action
s or gratuities which may be acceptable are as follows:
A) Awards for meritorious civic service contribution;
B) Unsolicited items that are donated to and shared by the work group;
C) Unsolicited advertising or promotional materials with a value of less than
$5.00;
D) Unsolicited items such as meals which may be provided during meetings,
receptions, or other gatherings where the elected official or Employee is in
attendance in his/her official capacity.
34
20.3 Nepotism
General: Relatives of current City Employees and City Council members are not
eligible for employment in job classification in which a conflict of interest may occur.
Therefore, relatives will not be hired where:
A) One relative would have the authority or practical power to supervise,
appoint, remove, or discipline the other;
B) One relative would be responsible for auditing the work of the other;
C) Other circumstances exist which would place the relative in a situation of
actual or reasonable foreseeable conflict between the . 's interests or their
own; or
D) where the applicant/City Employee has a r is employed by an
organization with whom the City has b es ealin the City's
judgment, considering the positions responsib of both the
applicant/ Employee and the re ould create appearance of
improper influence or favor or . e the confidentiality of data
maintained by the City.
The City is not obligated to give
married couples.
hen u in this policy, means any two (2) or more
elling unit or who are related to each other by
where one of the individuals is the spouse, parent,
ter of the other.
Definitions:
ployed in a full- or part-time regular status positions, or in a
aid on-call positions.
20.4 Falsification
General: No person shall knowingly make any false statement, certificate, mark,
rating or report in regard to any test, certificate, or appointment held or made under
the City of Centerville's personnel system, or in any manner commit or attempt to
commit, any fraud preventing the impartial execution of the provisions of these
policies.
20.5 Rendering of Consideration
General: No person seeking employment to, or promotion in, the City of
Centerville will either direcdy or indirecdy give, render, or pay any money, service, or
35
other valuable consideration to any person on account of or in connection with, the
test, appointment, or promotion, or proposed appointment or promotion.
20.6 Use and Safeguarding of City Property
General: No Employee shall use or permit the use of City owned vehicles,
equipment, tools, machinery, materials, or other property for personal conveniences
or profit unless the use is available to the public generally or is provided as a
municipal policy for the use of such public official or Employee in the conduct of
official business. City Employees shall not store personal property on City property
or in City facilities for more than 30 consecutive days.
Access: No City Em
other information
or release such in
Responsibility: All Employees of the City of Centerville
or the use of, City vehicles, equipment, machinery or pro
duties must assume responsibility for the safeguarding
have authority over
e course of their
of such items.
20.7 Disclosure of Confidential Informatio
tody of or access to any personnel files or
confidential by Minnesota law shall use
er authority.
rial information will be governed by and treated
ota Practices Act. The City Administrator is the Data
q estionable requests should be referred to the City
20.8
General: Political activities which are not in violation of state and federal laws are
generally permitted. The following political activities are prohibited for City
Employees:
A) City Employees may not use any official authority or influence for the purpose
of affecting the result of an election nor may funds be solicited or
contributions received from other Employees for political purposes.
B) No campaign materials, pamphlets or buttons may be displayed on City
vehicles, City property or by an individual on the work site.
36
21. APPEARANCE AND ATTIRE POLICY
21.1 General
The attire and the appearance of City Employees have a direct reflection on the
professionalism in the delivery of City services. City Employees are required to meet
the general public on a daily basis as part of their regular work assignment and as
such, a nearly attired City Employee presents a positive image both of themselves
and the City of Centerville.
When deciding on appropriate work attire, City Employees shall employ sound
discretion in their decisions as clothing needs vary by job ' n and safety. These
considerations should be based on job safety, City image onal hygiene. The
following is not considered appropriate attire in most ettings and is strongly
discouraged:
.
.
.
.
.
.
t etermining if attire is appropriate.
g appropriate work attire should direct
21.2 Casual Fridays
as "casual day" in City Hall On these days nice jeans,
go weatshirts and knee-length walking shorts can be worn.
n the above list qualify as casual Friday attire. Employees who
bstitute any other day of their choice as a "casual day".
22. ELECTRONIC MEDIA USAGE POLICY
22.1 General
Guidelines: The City of Centerville's electronic media usage policy is designed to
provide clear guidelines to City of Centerville Employees regarding access to, and
disclosure of, computer, network, telephone and facsimile systems. Employees
increasingly use and exploit electronic forms of communication and information
exchange, and have access to one or more forms of electronic media and services
37
(computer, e-mail, telephones, voice mail, fax machines, external electronic bulletin
boards, on-line services, and the Internet).
Public Property: The City encourages the use of these media and associated
services, because they make communication more efficient and effective, and
because they are valuable sources of information. However, electronic media, data,
and services provided by the City are City owned and publicly funded, and their
purpose is to facilitate City business. The City Council authorizes the use of the
Internet and on-line services for the support of all city tasks. The use of the Internet
is public and a privilege, not a right, and may be revoked at any time for
unacceptable use.
Procedures: With the rapidly changing nature of elec
"netiquette" which is developing among users of extern
Internet, this policy cannot lay down rules to cover eve
it expresses the City's philosophy and sets forth ge
use of electronic media, data, and services.
nic media, and the
" e services and the
"ble situation. Instead,
" les to be applied to
The following procedures apply to all electro
A)
B)
C)
"ty-paid access methods;
th the City.
22.2 Authorization
An Employee must
and agree to co
electronic media or s
returned it t
ledging that they have read, understand,
No Employee will be authorized to use
have signed the appropriate statement and
22.3 Inap
General: ni edia may not be used for knowingly transmitting, retrieving
or storage of an mmunications of a discritninatory or harassing nature, or which
are derogatory to any individual or group, or which ate obscene or sexually explicit,
or are of a defamatory or threatening nature, or for "chain letters," or for any other
purpose which is illegal or against City policy or detrimental to the City's reputation.
Electronic media may not be used for personal use relating to political, religious, or
personal financial profit.
22.4 Personal Use Limitations
General: Electronic media and services are primarily for City business use. Limited,
occasional or incidental use of electronic media (sending or receiving) for personal,
non-business purposes done on the Employee's personal time is understandable and
acceptable - as is the case with personal phone calls. However, Employees need to
38
demonstrate a sense of responsibility and may not abuse the privilege. Such personal
use must not consume large amounts of City resources. Employees using electronic
media and services for personal use waive any claims to privacy regarding that usage.
Any costs incurred by the City due to personal use (such as printing costs, per-
minute Internet fees or cellular phone charges) must be paid by the Employee.
Excessive personal use will be determined by the individual Employee's supervisor,
and may subject the Employee to disciplinary action.
22.5 Individual Privacy
General: The City also reserves the right, in its discretion, to review any Employee's
electronic files, messages and usage to the extent necessary to ensure that electronic
media and services are being used in compliance with the law d with this and other
City policies. Employees should therefore not assume c communications
are private and confidential and should transmit highly e information in other
ways.
Respect: Employees must respect the confi
communications and may not attempt to r
people's accounts, or "crack" passwords,
measures, or monitor electronic files or co
third parties except by explicit direction of City m
cess to other companies' or individuals'
ay not copy, retrieve, modify or forward
d by the copyright owner. Also, network
r modify files and/or data belonging to other
22.6 Copyrights
22.7 Pass
General: The . ty . . strator reserves the right to override passwords and codes
at any time. If ity Administrator requests an Employee's password(s), then the
password(s) must be disclosed. Any password used on the system shall be used for
the protection of the City of Centerville, not the Employee, and as such will not
preclude the City, as the operator of the network, from rightfully entering the
network or any other messaging system at any time to review, copy or delete any file
or disclose any such file to others.
Responsibility: No e-mail or other electronic communications (including facsimile
messages) may be sent which attempt to hide the identity of the sender, or represent
the sender as someone else or from another organization. Employees are
responsible for all electronic messages originating from a computer operating under
his /her password.
39
22.8 Excessive Usage
General: Electronic media and services should not be used in a manner that is likely
to cause network congestion or significantly hamper the ability of other people to
access and use the system. Continued impedance of other users through mass
consumption of system resources, after receipt of a request to cease such activity, is
prohibited. The willful or careless introduction of programs known as computer
viruses, Trojan Horses and worms into the City's network or into any external
networks or computers can cause such excessive computer usage or even damage a
system and so would be a violation of this policy.
22.9 Questions Regarding Policy
General: City Employees who have concerns or are unc
security issues regarding the use of data communi
discuss their concerns with their supervisor who will
of contact.
Integrity: Part of the responsibility of
integrity of City data (an asset). Therefo.L,
with the City Attorney, will resolve and answer
Use Policy or its interpretation. Until such issu
should be considered "not ac Questio of interpretation should be
submitted, in writing, to the inal authority for this Acceptable
Use Policy lies with the City Council.
22.10 Policy Violatio
ator review all alleged violations of this City policy
i Attorney may be consulted for technical assistance
g a co. laint. ear violations of the policy which are not promptly
the expulsion of the offending Employee from the City's
. on to disciplinary action, and consistent with the Personnel
gaining unit agreement.
23. DRUG FREE WORKPLACE
23.1 Policy
General: In accordance with federal law, the City of Centerville has adopted
the following policy on drugs in the workplace:
A) Employees are expected and required to report to work on rime and
in appropriate mental and physical condition, ready to perform the
40
duties of their job. It is the City's intent and obligation to provide a
drug-free, safe and secure work environment.
B) The unlawful manufacture, distribution, possession, or use of a
controlled substance on City property or while conducting City
business is absolutely prohibited. Violations of this policy will result
in disciplinary action, up to and including termination, and may have
legal consequences.
C) The City recognizes drug dependency as an illness and a major health
problem. The City also recognizes drug abuse as a potential health,
safety and security problem. Employees needing help in dealing with
such problems are encouraged to use their h th insurance plans, as
appropriate.
23.2 Drug and/or Alcohol Tr
D) Employees must, as a condition of e
of the City's drug and alcohol poli an
under a criminal drug statute f;
work premises while cond r g
conviction must be made
required by the Drug-Free WorK...
Discipline: Employees
alcohol or non- ..
reports to w
use of alc
from possessing or consuming
w e on the job. Any Employee who
ose performance is impaired through the
drugs will be subject to disciplinary action.
where it is necessary, personal leave may be granted for
or rehabilitation on the same basis as is granted for
pro ms. Consideration will be given for use of leave of
pay as defined by the City's personnel policies.
The City has also made available access to an Employee
Program (EAP), sponsored by CIGNA Behavioral Health
24. NON-DISCRIMINATION POLICY
General: The City of Centerville is committed to a policy of non-discrimination with
regard to race, color, creed, religion, age, national origin, gender, sexual orientation,
marital status, public assistance status, or disability.
Definition: Discrimination is defined as any overt or covert behavior that excludes
access to, admission to, full utilization of, or benefit from any public service because of
41
race, color, creed, religion, gender, age, national origin, sexual orientation, marital status,
veteran status, age, public assistance status, or disability.
Discipline: Employees who participate in discrimination of any kind are subject to
discipline, up to and including termination.
Policy: In keeping with the City's commitment and the requirements of the law, the
City and staff will strive to remove any discrimination in the treatment of customers,
employment, assignment and promotion of personneL training programs, services and
opportunities offered to citizens and staff, location and use of facilities, and in verbal
and written communications.
Complaint Procedure: Employees can bring complaints,
concerns under this policy without fear of reprisal.
(A)
An Employee who believes he/she has
discrimination or who believes he/she h
report the incident immediately to
supervisor shall then immediately
complaint.
the subject of any
. . tion should
e employee's
trator about the
(B)
t prove effective, or if the
y at his/her own discretion,
Otten complaint direcdy to the
(C)
plaint in writing, detailing the nature of the
to the situation prompting the complaint.
time, date and place of the alleged violation,
tion that may be pertinent to the complaint.
This policy is subject to ws of the United States and the State of Minnesota; in the event
that any provision shall eld to be contrary to law by a court of competent jurisdiction from
whose final judgment or decree no appeal has been taken within the time provided, such
provision shall be void All other provisions of the policy shall continue and remain in full force
and effect.
42
Adopted by the City Council of the City of Centerville this _th day of
Attest:
Signed:
,2004.
City Administrator
Mayor
43
24.1 Employee Action Committee
Authority: The Gty of Centerville promotes an environment in which positive
working relationships can be formed and fostered through social interaction and
Employees can be recognized for their contributions. For these purposes, Employees
are allowed to form an Employee Action Committee, with a minimum of three (3) and
a maximum of five (5) members to be appointed by the Gty Administrator. Members
of the Committee will elect officers and be responsible for structuring by-laws and
operating rules forme Committee, which will be reviewed and approved by the Gty
Administrator. Committee members are authorized to use up to one (1) hour of work
time per month for Committee business.
Employee Recognition and Appreciation: The GtyCouncil will designate an
amount in its annual budget to be used by the Committee for Employee recognition
and appreciation events. The Committee may consider selecting Employees for awards
in areas such as longevity, teamwork, innovation, above and beyond, leadership,
exceptional customer selVice, spirit, etc. Awards will consist of plaques or functional
items such as clocks or pen! pencil sets and will be of nominal value. Meals selVed at
award ceremonies will be of nominal value and will not include the purchase of
alcoholic beverages.
CITY OF MINNETONKA
EMPLOYEES IN ACTION COMMITTEE
BY-LAWS
MISSION STATEMENT
· To create positive working relationships through social interaction
· To recognize employees for their contributions
MEMBERSHIP
The EMPLOYEES IN ACTION COMMITTEE (EIA) will consist of ten members, with
the goal of having one member from each department.
The Assistant City Manager or his/her designate will serve as Advisor to the Committee
and shall attend meetings at his/her discretion, or at the request of the Chairperson.
A. SELECTION OF COMMITTEE MEMBERS
(1) All members shall be selected to serve on the Committee by their
department.
(2) At a meeting in February, the leadership team will assess the
proposed EIA committee membership for the next year to ensure
that the committee includes a mix of various levels of employees.
(3) The representative from the Administrative Department will be in
a managerial/supervisory position.
(4) Member terms will be for 2 years (50% department turnover each
year). The terms begin in March of each year.
(5) Committee members will serve until their successors are selected
and no one individual will serve more than one term consecutively.
After going off for one year or more, the employee is eligible for
reappointment.
B. VACANCIES
(1) In the event of a vacancy, the respective department will be
responsible for choosing another representative within thirty (30)
days.
(2) In the event that any member is absent from three (3) meetings in
one year (from March to February), as recorded in the meeting
minutes, without an excuse accepted by the Committee or without
sending the member's alternate, the Committee will advise the
Assistant City Manager who may choose to declare the position
vacant or recommend other action.
ORGANIZATION
The EIA shall be organized as a standing committee of all permanent City of Minnetonka
employees.
A. The EIA will meet monthly. It is expected that committee members will
attend the monthly meetings. If a member cannot attend, the member
should send a replacement. A scheduled meeting can be canceled by
action of either the Chairperson or the Committee when there is lack of
sufficient agenda items or members to warrant the meeting. The
Chairperson or Vice Chairperson may also call special meetings as needed
provided sufficient notice is given to members.
B. The committee members shall select a Chairperson and Vice Chairperson
in the following manner: The Vice Chairperson shall be chosen each year
within the first three meetings. The Vice Chairperson must be a
Committee member serving the first year of a two-year term. At the first
meeting in the following March, the Vice Chairperson shall automatically
succeed to the position of Chairperson. A vacancy in the position of
Chairperson shall be filled by a committee member who has already
served one year on the committee. Both positions will be for a term of one
year.
C. The committee members shall select a secretary at the first meeting in
March who will serve a one-year term.
D. An employee outside of the EIA maybe requested to serve on a
subcommittee or to advise the Committee on a particular subject of
interest or area of expertise. Sub-committees for the major events will be
decided in March and include two to three EIA members plus other
employees who do not serve on the EIA.
E. The Committee should conduct a strategic planning session annually at its
first meeting in March to review the budget and allocate costs for planned
events and employee recognition.
RESPONSIBILITIES OF COMMITTEE MEMBERS
A. Chairperson - 1 year term
(1) Chair Committee meetings.
(2) Prepare and distribute agenda to Committee.
(3) Follow-up on the implementation of recommendations.
(4) Present recommendations of the Committee to the City Manager's
Office.
(5) Meet with the Advisor to get input on matters as requested by the
Committee.
B. Vice Chairperson - 1 year term
(1) Serve as Chair in the absence of the Chairperson.
C. Secretary- 1 year term
(1) Take minutes ofthe Committee meetings, including a record of
attendance and distribute said minutes to Committee members
within one week after each meeting. Approval of the minutes will
take place at the next month's meeting.
(3) Notify the Chairperson when a member has failed to meet the
attendance standard for the Committee so appropriate action can be
taken.
D. Treasurer - indefinite term
(1) Will be the Finance Department's Accounting Coordinator,
whether or not that person is a departmental representative on the
Committee. Will be responsible for the expenditure of the
Committee's funds. May pay, without Committee authorization,
bills which do not exceed $75 and which are in compliance with
adopted expenditure policies or the budget. Will give a report to
the Committee on the status of its funds as requested by the
Committee. In the absence of the Treasurer, the representative
from the Administrative Services department will take on this
responsibility.
E. Department Representative - 2 year term, inclusive of other positions held
(1) Ensure fellow department employees are informed of the
Committee's progress and actions.
(2) Encourage input of ideas and suggestions.
(3) Serve on various subcommittees and/or perform assignments
delegated by the Chair in a timely manner. h1dividual committee
members may be responsible for the planning and implementation
of certain duties that are inherent to their job or their department.
(5) Attend regular montWy and special meetings or find an alternate
when attendance is not possible.
(6) Cooperate with fellow members in an effort to make organizational
improvements.
PROCEDURES
A. Recommendations for organizational changes may be received, but not
limited to, by the following means:
(1) Employee suggestions submitted to Department Representative.
(2) From members of the Committee.
B. The EIA may draft requests, recommendations, and suggestions and
present them to the City Manager for consideration.
C. Six (6) members of the EIA shall constitute a quorum. No Committee
action will be taken in the absence of a quorum.
D. The EIA will select one award winner each year in the following six
categories:
. Teamwork
. llnovation
. Above and Beyond
. Leadership
. Exceptional Customer Service
. Spirit of Minnetonka
BUDGET
A. The Administrative Services department sets the annual budget for EIA
expenditures.
B. Spending of funds allocated for EIA expenditures is at the discretion of the
EIA committee, but may be subject to approval by the Administrative
Services department.
AMENDMENTS
These By-Laws may be amended upon the approval of at least six members, but only if
the proposed amendment was provided to the members at least one week in advance. A
revision to the proposed amendment may be adopted without advance notice.
Amended
5/1/88
9/12/89
3/7/91
2/6/92
7/1194
10/8/03
11/13/03
23. CELLULAR PHONE USAGE POLICY
23.1 Application
General: This policy is intended to regulate the use of Gty-owned cellular phones
within reasonable, practical parameters. As the number of available cellular
telephones increases and the efficiencies of cellular telephone usage become even
more apparent, it is incumbent upon the Gty to establish reasonable guidelines for
the use of cellular phones. The Gty of Centerville will benefit by extending the
hours essential Employees are available for consultation through the use of cellular
phones.
Scope: This policywill apply to all Gty Employees using or having access to Gty-
owned cellular phones.
23.2 Guidelines
Policy: The following guidelines are established for the use of Gty-owned cellular
phones:
A) Cellular phones are intended to be used to increase the efficiency and
effectiveness of the services provided by the Gtyof Centerville. As such,
each Employee using a cellular phone during the course of his/her workday
must determine whether such usage is appropriate under the circumstances
existing at the time of the usage. In making such a detennination,
Employees must consider the cost of using the cellular phone in comparison
with the cost and practicality of locating a customary telephone service.
B) During work hours personal phone calls will be acceptable in those
circumstances where it is necessary to briefly contact someone concerning
important matters. Calls of this nature shall be as brief as possible and
should be made only when circumstances prevent timely access to customary
telephone services.
C) During non-work hours City Employees having access to assigned City-
owned cellular phones may make reasonable personal phone calls during all
hours. Employees having 24-hour access to Gty-owned cellular phones and
who also use the phone for personal reasons will reimburse the Gty for all
personal phone calls, to the extent that the calls exceed the maximum
allowable air time.
D) Gty Employees who take home a City-owned phone will agree to be
accessible. for Gty business when necessary and practical after regular work
hours.
E) Upon approval of the City Administrator, Employees will be allowed to
upgrade to a more expensive plan for personal reasons if the Employee
agrees to pay the difference in cost between the two plans.
F) All cellular phones shall remain the property of the City and shall be returned
to the City upon the tennination of employment or if the cellular phone is no
longer necessary for work-related pmposes. Anyinappropriate use of
phones may subject to the Employee to disciplinary action. Any additional
charges will be paid by the Employee.