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HomeMy WebLinkAbout2003-02-10 WS Packet CITY COUNCIL WORKSESSION I. CALL TO ORDER Monday, February 10,2003 5:30 PM 1. Roll Call ll. APPROVAL OF AGENDA ID. APPROVAL OF COUNCIL MINUTES IV. CONSENT AGENDA V. A W ARDS/PRESENTA TIONS/APPEARANCES VI. PUBLIC HEARINGS vu. OLD BUSINESS 1. 2003 Budget (Please bring your copy) 2. Council Compensation 3. Personnel Policy 4. Council Chambers Renovation (Discussion Item) 5. Ordinance Codification VITI. NEW BUSINESS vm. ANNOUNCEMENTSIUPDATES IX. ADJOURNMENT . , tervi[[e 'Esta[lisheri .1Rti7 MEMORANDUM DATE: February 7, 2003 To: Honorable Mayor and Councilmembers SUBJECT: Consider Revisions to the Personnel Policy Kim Moore-Sykes, City Administrator (tvf;) FROM: ......................................................................... REQUEST Staff is requesting that the City review the recently adopted revisions to the City's Personnel Policy. The main reason for this request is that many of the changes that were incorporated into the current policy and adopted by the former Council are more restrictive for the non-unionized employees when compared with the unionized employees' contract. It is the position of the non-unionized staff that this is unfair and that they are receiving unequal and disparate treatment under the current personnel policy. Many have indicated that if they were part of a union, then they would be able to negotiate for the same benefits that the current unionized staff have. BACKGROUND When the former Council discussed this disparity in benefits with Scott LePak, labor law attorney with Barna, Guzy and Steffen, he stated that while the City is not legally required to provide the same benefits to all employees, most cities do chose to simply as a means of retaining their experienced employees, understanding that recruiting, hiring and training new employees is extremely expensive, both in time and financial resources. Despite these comments, the former Council decided that it was not necessary to provide all employees with similar benefits. This Council action is reflected in a pay equity report that has been found to be not in compliance with state established guidelines of the Department of Employee Relations. Administration has tried to resolve some of the financial issues that were highlighted by this report, i.e. discrepancies in health care benefits, but there are other wage and personnel policy issues that need to be addressed as well. This memo will address personnel policy issues that are seen to cause disparate and unequal treatment of the majority of the City's employees. , t FINDINGS Those items that are not in agreement and cause disparity among employees include: 1. Cost of Living Adjustments (COLA) for 2003: Unionized Employees - 3% Police Employees - 3 % Consultants and Vendors - 3% - 4% Non-Union Employees -1 % Administrative Fee Increase Proposal- 5% Past practice has been that employees were paid Cost of Living Adjustments (COLA's) because, as the result of a Council-initiated benefit and compensation study, * it was determined that Staff was underpaid when compared with similar communities. It was decided that by incorporating step increases at 4% with COLA's at 3%, City Staffwould ultimately be a market. But for whatever reason, the Council at the time decided to extend this wage structure over 10 years rather than trying to attain market in 3 to 5 years. As such, Staff has never attained market wage. While I understand the need to cut where we can, I don't think the salary of some staff is the way to do it or the place to start. Additionally, I agree with Mr. LePak that it is important to do what we can to retain the employees that we have. Not only is it expensive to do a recruitment, but it is time consuming for those involved. It takes a minimum of 6 weeks to initiate the recruitment process: 2 weeks posting in newspapers and within the organization; 2 weeks to receive applications; and 2 weeks to screen applications and to complete interviews. In addition, Council's approval is required and can take up to 2 weeks to get this on the agenda, depending on when the next regular meeting is; references need to be checked; and the selected employee may need to give an employer a two-week notice. In reality, if everything falls into place, the hiring of an employee on average takes about 8 weeks. In the mean time, a valuable employee has left the City of Centerville, taking valuable job information, City information and history with him/her. The remaining staff is left to take up the slack, which in turn, slows down the work that needs to get done. Once a new employee is hired and joins staff, time is required to train the new employee, again cutting into the productivity levels of staff To go further with this discussion, the City of Centerville only has nine (9) employees. These nine (9) employees are responsible for: Public Works- 1 Public Works Director/Building Official 1 Building Inspector - perform all duties associated with inspections of regulated structures; zoning and land use issues; Centerville had 49 single family dwellings (SFD) in 2002 with 1 building inspector; Hugo did 43 sfd wi 3 building inspectors; Ken also is administrative assistant when needed at City Hall. 2 Public Works Maintenance Staff members - maintains parks, streets, water/sewer infrastructure (covered by International Union of Operating Engineers Local 49 - AFL - cm Contract) Administration - 1 City Administrator 1 City Clerk - elections, agenda packets, secretarial, research, phones, web site, Quad publications, etc. 1 Receptionist - phones, agenda packets, secretarial, pennits, cable, web site, etc. Finance - 1 Finance Director 1 Utility Billing Clerk - utility billings, bookkeeping, accounts payable, accounts receivable, payroll, assist Finance Director, etc. Clearly, we cannot afford to lose any employees before the production of work is affected at City Hall. Each and every job is important for many reasons and we need to do what we can to retain those employees. Because Centerville is a small community, as an organization, we cannot afford to add to staff when new projects or mandates need to be addressed. Obviously, this means that existing staff needs to reprioritize time and other job duties to accommodate the addition of new projects or duties. And, it has been my experience that these employees do take on additional duties and projects without many complaints. II. Overtime Accrual: Unionized employees - · Overtime after working 8 hours · Able to convert Overtime pay to Compensatory Time · Compensatory Time is capped at 80 hours (thus limiting the City's financial liability ) Non-unionized employees - · Overtime after working 40 hours · Paid Overtime only; no choice to use Compo Time; must be used in the time period earned. · No compensation for approved overtime in a pay period when employees use non-productive time. The previous personnel policy indicated that non-union employees would be compensated for any hours worked over eight (8) hours in any given business day. While the discrepancy in treatment between the union and non-union employees needs to be addressed, so does the issue of employees loosing overtime pay when the approved overtime they worked falls in a pay period when there is a holiday or the employee is taking vacation because the current policy states that overtime will not be earned for non- productive time, i.e. sick, vacation or holidays. An example of this situation recently happened when an employee was required to attend a Council meeting and because Martin Luther King, II. Day was in the same week, this employee was not compensated for any of the approved overtime worked. This situation also happens when an employee has planned to take vacation and because of the nature of the job, needs to stay late to insure a project is completed before leaving. This employee would not receive overtime compensation, again because hislher use of non-productive time. In both situations, employees are being denied compensation for their extra effort and the message is that their efforts are not appreciated by the City. III. Sick Leave - Needed Corrections: Non-union Employees -- Based on Sec. 9.2, items #1 and #2 of Sec. 9.3 do not agree (page 17). Item #1 states that employees may use sick leave after it is earned and coincides with Sec. 9.2; Item #2 states that sick leave is accrued at the end of a completed year of service to be used during the following year. Staff is requesting that this language be reconsidered and that Item #2 be dropped completely from the personnel policy. IV Severance Pay Non-Union Employees - No severance pay provided. Again, this was a benefit that was provided to all employees in 1997, as the following schedule indicates and as found in the 1997 personnel policy. Full-time employees voluntarily terminating their employment in good standing with tow weeks advance notice will receive payment at the employee's rate of pay at the time of the employee's termination based on the following: Vacation: Employees to receive balance of the accrued amount, by law. Sick Leave: 1 - 5 years of service 6 - 10 years of service 11 -15 years of service 16+ years 20% of accrued sick leave 35% of accrued sick leave 50% of accrued sick leave 60% of accrued sick leave Unionized Employees - ARTICLE XXIII - SEVERANCE PAY - of the Local 49 union contract allows unionized employees to convert 50% oftheir accrued sick leave to severance pay, up to a maximum of 400 hours, ( 50 days) provided the employee has had 10 years of continuous employment with the City and upon honorable severance of employment (page 13). While the original accrual of severance pay using sick leave is very generous, the following language on severance is what is usually found in most local government personnel policies: "Qualifying employees (employees of good standing with 5 years of service) shall receive one-half of their accumulated sick leave up to a maximum of 45 days." Again, this is similar to what is found in Centerville's unionized employees contract. This benefit is used to retain employees and to reward a minimum level of longevity. As stated in the argument above, it is important to an organization to retain employees who provide a valuable service to the City. By adopting severance, the Council is not committing to providing it to every employee and does not guarantee that an employee will receive severance; they would receive severance only if they have any unused sick leave; the employee leaves in good standing; and then they only receive the monetary value of half of their remaining time. For those employees that retire, some cities also allow accrued sick time to be applied to post- retirement health care premiums. In other words, rather than having a large payout of money to retirees for the accrued sick time, this benefit can be paid out monthly over a span of time, thus controlling the City's future financial liability. And it also provides retiring employees an opportunity to continue health benefits as they adjust to retirement. IV. Vacation Accrual. Adopted 12/912002: Years of Service 1 - 5 6 - 10 11 (two weeks) (three weeks) (four weeks) Vacation Earned 6.67 hrs. per month 10 hrs. per month 13.33 hrs. per month Adopted 12/27/1997: o - 6 months one week After 1 year two weeks After 4th year (4 - 9) three weeks After 9 years (9 -15) four weeks After 15 years (15 - 20) five weeks After 20 years six weeks Employees using earned vacation leave shan be considered to be working for the purpose of accumulating additional vacation leave. By adopting the more restrictive vacation accrual policy, current non-unionized employees that have worked for the City for more than four years, have lost a week of vacation. Again, unionized employees through their contract will continue to enjoy a more liberal vacation accrual schedule. The employees that are affected by this reduction include Teresa Bender and Paul Palzer. Each would have earned an additional week of vacation in 2003. If Council is interested in going to a more abbreviated vacation accrual schedule, perhaps making it affective with future employees, thus leaving the previous schedule in place for current employees. V. Personal Time Off (PTO) The former Council considered converting vacation and sick leave to Personal Time Off (PTO) but decided that because they wanted the revised personnel policy in place by the end of the year, they would provide succeeding councils that opportunity to make this decision. The major benefit ofPTO is that it recognizes employees as responsible adults, allowing them to manage their own accrued leave time and using it as it fits their needs. Of course, all time off is required to be approved by the City Administrator before it is used. VI. Reimbursement for Training and Education: This issue has become a point of contention for Staff because the current personnel policy and unionized contract do not specify training and education to be work related. Both simply state that the City encourages training and education and career development. There is no discussion in either document about the need to have this training and education work related. Employees has observed other employees being reimbursed for educational expenses that were not job/work related. Adopted By: Centerville City Council Resolution # 12/9/2002 This supersedes all previous personnel policies Amendments: Resolution # Adopted 12/9/2003 TABLE OF CONTENTS ARTICLES PAGE 1 GENERAL 1 1-1 Pu rpose 1 1-2 Scope. 1 1-3 Authority 2 1-4 Equal Opportunity Employer 2 2 DEFINITIONS 2 3 ORGANIZATION 4 3-1 Personnel Files 4 3-2 Job Description 4 3-3 Assignment of Work. 5 3-4 Classification of Job Duties 5 4 APPOINTMENTS 4-1 Vacancies 5 4-2 Job Posting 6 4-3 Recruitment And Selection . 6 4-4 Appointment Authority 7 4-5 Pre-employment Medical Exams 7 4-6 Temporary Appointments 7 4-7 Employment of Minors 8 4-8 Union Representation. 8 4-9 Probationary Appointments 8 4-10 Background Investigation. . 9 5 Employment Status Changes. 9 5-1 Reclassification 9 5-2 Promotion 10 5-3 Demotion 10 5-4 Reduction of Workforce 10 ii TABLE OF CONTENTS ARTICLES PAGE 6 Compensation and Work Hours. 11 6-1 General Policy 11 6-2 Pay Periods . 11 6-3 Work Hours 11 6-4 Work Breaks. 12 6-5 Job Sharing . 12 6-6 Overtime 12 6-7 Outside Employment 13 6-8 Unauthorized Absences 14 7 Holidays . 14 7-1 General 14 7-2 Holidays 14 7-3 Holiday Pay 15 8 Vacation Leave. 15 8-1 General 15 8-2 Accrual 15 8-3 Requirements 15 9 Sick Leave. 16 9-1 General 16 9-2 Accrual 17 9-3 Requirements 17 9-4 Donation of Sick Leave 17 10 Unpaid Leave of Absence. 18 10-1 General 18 iii 10-2 Effect on Benefits 19 10-3 Eligibility 19 10-4 Return from Leave of Absence. 20 10-5 Concurrent Leave. . 20 11 Other Leaves of Absence. 20 11-1 Military Leave. 20 11-2 Jury Duty 21 11-3 Funeral Leave 21 11-4 Parental Leave. 22 12 Insurance Plans 12-1 Health Insurance 12-2 Dental and Life Insurances. 22 22 22 13 Employee Training/Travel 23 13-1 General Policy - Training 23 13-2 Travel Reimbursement 23 13-3 Applicability . 24 14 Performance Appraisal 24 14-1 Employee Performance Appraisal. 24 15 Safety 25 15-1 General 25 15-2 Safety/Accident Reporting. 25 16 Smoking 25 17 Discipline 25 17-1 Objective 25 IV 17-2 Process 17-3 Reasons for Dismissal 26 27 18 Sexual Harassment 27 18-1 General 28 18-2 Definition 28 18-3 Expectations. 28 19 Alcohol/Drugs: Treatment & Counseling 30 20 Drug Free Workplace 30 21 Resignation . 31 22 Code of Conduct and Ethics 31 22-1 Purpose 31 22-2 Conflicts of Interest . 31 22-3 Nepotism 32 22-4 Falsification of Records 33 22-5 Rendering of Consideration 33 22-6 Use and Safeguarding of City Property 33 22-7 Disclosure of Confidential Information 33 22-8 Political Activities 34 23 Appearance and Attire Policy 23-1 Casual Fridays 34 35 24 Electronic Media Usage Policy 24-1 Authorization. 24-2 Inappropriate Material 24-3 Personal Use Limitations 35 36 36 36 v 24-4 Individual Privacy 37 24-5 Copyrights 37 24-6 Passwords/Security. 37 24-7 Excessive Usage 37 24-8 Questions Regarding Policy 38 24-9 Policy Violations 38 25 NonMDiscrimination Policy 38 26 Savings Clause 38 VI 1 GENERAL 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. 1.1 Purpose The purpose of this policy is to establish a uniform and equitable system of personnel administration for all employees of the City of Centerville as well as all organized personnel who work under a negotiated agreement with the City. In the event of a conflict between the terms of the negotiated agreement and this personnel policy, the terms of the negotiated agreement shall take precedence and those employees subject to the agreement shall be so regulated. Nothing in this policy shall be construed as part of an employment contract between the City of Centerville and its employees. Additionally, the provisions in this policy supersede all prior employee policies. The City of Centerville reserves the right to change the provisions of this personnel policy from time to time without notice. This policy supersedes any prior representations or understandings and shall be subject to all applicable State and Federal Laws, as well as City Ordinances. 1.2 Scope This personnel policy applies to all City of Centerville employees, except the following: · Elected Officials · Consultants Rendering Professional Service · Members of City Boards, Commissions, and Committees · Persons Engaged Under a Specific Employment Contract All employees covered by a collective bargaining agreement entered into in accordance with the Public Employment Labor Relations Act, Minnesota Statues ~ 179A.01-179A.25 shall be exempt from any of these provisions which directly conflict with the language in the bargaining agreement. 1 1.3 Authority The provisions of this personnel policy may be revised or amended at any time by resolution at the sole discretion of the City Council. The City Administrator shall make interpretation of these policies or decision on items not covered with them. 1.4 Equal Opportunity Employer The City of Centerville strives to provide full and equal opportunities for every person in all areas related to employment, training, promotion and compensation. No individual shall be discriminated against with respect to compensation, terms, conditions or other privileges of employment because of race, color, creed, religion, sex, age, national origin, sexual preference, marital status, veteran status, source of income, or physical disability, and to any other group or class against which discrimination is prohibited by state or federal law. Employees who participate in discrimination of any kind are subject to discipline, at the discretion of the City, up to and including termination. Any person who feels that he/she has been discriminated against should contact their supervisor. Employees can bring complaints, ask questions, and raise concerns under this policy without fear of reprisal. 2 DEFINITIONS The following words and terms shall have the meaning as defined herein, unless the context indicates otherwise. 2-1 Absent Without Leave - Any absence of an employee from duty including any absence for a single day or part of a day that is not authorized by a specific leave of absence or time off under the provisions of this policy. 2-2 Anniversary Date - The month and day of initial hiring or promotion of a regular full-time or regular part-time employee. 2-3 Appointing Authority - The City Council or City Officer to whom the Council has delegated authority to appoint personnel. 2-4 Benefits - Privileges or non-monetary compensation granted to employees in the form of leaves of absence, insurance, or pay received in lieu of accrued leave upon termination employment. 2 2-5 City - The City of Centerville. 2-6 City Administrator - The City Administrator of the City of Centerville. 2-7 City Council - The City Council of the City of Centerville. 2-8 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. 2-9 Employee -- Exempt - An at-will employee not covered by the provisions of the Federal Fair Labor Standards Act. 2-10 Employee -- Intermittent - An employee who works occasionally or on- eall for an indefinite time; under the same terms and conditions as a temporary employee. 2-11 Employee -- Full-Time - An at-will employee working at least 40 hours per week who has successfully completed a required probationary period and serves in a position completely funded in the approved City budget for a given fiscal year. 2-12 Employee -- Non-Exempt - An at-will employee covered by the Federal Fair Labor Standards Act. 2-13 Employee -- Part-Time - An at-will employee working less than 40 hours per week who has successfully completed the required probationary period and who is not eligible for benefits, other than those mandated by state or federal law. 2-14 Employee -- Probationary - A period of time at the beginning of employment (or the beginning period of a promotion, transfer) that is designed as a trial period. The probationary period is also considered a period and is the last part of the selection process. 2-15 Employee -- Regular - An at-will employee who has successfully completed all stages of the selection process including the training period and/or probationary period. 2-16 Employee -- Seasonal - A full-time or part-time 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. 2-17 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. 3 2-18 Job Description - The written description of a job containing a title, a statement of duties, authority and responsibilities of the job, and the qualifications deemed necessary and/or desirable for the satisfactory performance of the duties of the job. 2-19 Lay-Off - The separation of an employee from employment due to elimination of a position. 2-20 Performance Report - A review of an employee's performance by the supervisor to communicate an employee's strengths or deficiencies, as well as expectation for improvement. 2-21 Position - A specific job, calling for the performance of certain duties and having certain responsibilities. 2-22 Promotion - An advance in position from one classification or grade to a higher classification or grade. 2-23 Reduction In Work Force - The separation of an employee from employment due to the shortage of work or funds. 2-24 Resignation - Employment termination initiated by the employee who chooses to leave the employment voluntarily. 2-25 Transfer - A movement of an employee from one job class to another, or one position to another, of comparable class and pay range. 3 ORGANIZATION 3-1 Personnel Files The City Administrator or designee shall maintain a separate employment file for each employee. Each file shall contain a record of each 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. Personnel files contain permanent documents and are not to be removed in any form from either the file or the premises. 3-2 Job Description The City will maintain a written description of a job containing a title, a statement of duties, authority and responsibilities of the position. The job description may include the qualifications deemed necessary and/or desirable for the satisfactory 4 performance of the duties of the position. These descriptions will normally be updated periodically as duties or assignments change at the discretion of the City Administrator. New positions can be developed as needed but shall be approved by the Council during the budget process, or as needed, prior to filling the position. 3-3 Assignment of Work Assignment of work duties and scheduling work is the responsibility of the City Administrator and shall occur at the discretion of the City Administrator. It is recognized that jobs may change over time to respond to the changing needs of the organization. 3-4 Classification of Job Duties The classification of job duties, establishment of minimum qualifications, and the maintenance of job descriptions and related records shall be the responsibility of, and shall occur at the discretion of the City Administrator. Whenever a job has changed sufficiently so that it no longer fits the description, the City Administrator shall make an appropriate recommendation to the City Council for approval 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. 4 APPOINTMENTS 4. 1 Vacancies Vacant positions will be filled on the basis of a regular or temporary appointment and may be made on a full-time or part-time basis. Applicants for initial hire or promotion must normally submit written application material setting forth their qualifications and such other information as may be pertinent and required by the City. Applicant qualifications will be evaluated, according to the City's discretion, in one or more of the following ways; a rating of experience and training; a written test; an oral test or interview; a performance or demonstrative test; or other appropriate job-related exam. 5 4.2 Job Posting Position vacancies for regular full-time and regular part-time positions will be posted on the official City bulletin boards in City Hall and Public Works building for five (5) working days prior to filling the vacancy. The positing will specify the title; starting salary or range; the nature of the work to be performed; how to apply; the closing date for receiving application; and other pertinent information. 4-3 Recruitment And Selection Subd. 1 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 will meet with the appropriate supervisor to determine the best methods for recruiting. When the City recruits a position externally, the position will be advertised in selected newspapers, periodicals, newsletters and/or through direct mailings. All appointments shall be made at the discretion of the City Administrator on the basis of merit and fitness for the position, as determined by the City Administrator. Merit and fitness may be determined by written, oral and/or other job-relevant examination, as well as by consideration of education, past experience and other job-relevant qualifications. The City Council shall confirm all appointments to full- time positions. Subd. 2 Application Form. Unless otherwise stipulated by the City Administrator, applications shall be made on written forms. Subd. 3 Application Review. The City Administrator and/or the supervisor shall review all applications and conduct job-relevant background reviews screening all applications to determine candidate qualifications. Initial interviews may be conducted of the applicants whose qualifications are best-suited for the position, as determined by the City Administrator. The City Administrator shall then submit a list of names of eligible candidates to the City Council. Subd. 4 Examination. If examination is required for a position, the examination shall be administered by the City Administrator or his/her designee at a time and place established by the same. Upon receipt of the examination results, the City Administrator or his/her designee shall notify each person taking the examination in writing of the results of the examination. Examination scores will be adjusted in accordance with the provisions of the Veteran's Preference Act where applicable. 6 Subd. 5 Disqualification of Application. An applicant may be rejected at any time if the applicant fails to respond at any stage of the selection process. 4-4 Appointment Authority The City Council, considered the Appointment Authority for the City of Centerville, may, on the basis of merit, will make all full-time appointments. Appointments to budgeted part-time, seasonal, intermittent, and temporary positions may be delegated to the City Administrator upon approval of the Council. 4-5 Pre-Employment Medical Exams 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. The physician conducting the exam shall be provided with a description of the duties and responsibilities and other pertinent information about the position. If the City determines that pre-employment medical exams will be required, they shall be required of all candidates who are conditionally offered employment for a given job class. The information obtained during the medical exam shall be treated as confidential medical records. A licensed physician designated by the employer shall conduct the exam. The City shall pay the cost of the exam. The physician shall notify the City Administrator that a candidate either is or is not medically able to perform the job. The City Administrator shall inform the candidates of the results of their examination. If a candidate is rejected for employment based on the results, he or she shall be notified of this determination and may request further explanation from the physician. 4-6 Temporary Appointments Notwithstanding any other provisions of these Personnel Policies, 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 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 7 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 entitled to benefits. 4-7 Employment of Minors Employment of minors will be limited to the ages and conditions as provided by the federal Fair Labor Standards Act (FLSA) and, where more restrictive, State Child Labor Legislation. 4.8 Union Representation Relations between the City and its employees are guided by the Public Employment Labor Relations Act of 1971, as amended. A copy will be made available for employees upon request. Joining a union is not required for employment. However, under the Act, the union may require non members to contribute a "fair share fee" for services rendered. The fair share fee is amount equal to the amount of regular dues less the cost of benefits of financed through the dues and available only to members of the union. In no case shall the fee exceed eighty-five (85) percent of the regular dues in accordance with law. 4-9 Probationary Appointments Subd. 1. 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. Subd. 2. 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. Subd. 3. Termination During the Probationary Appointment The City Council, or the City Administrator with approval of the City Council, may terminate a probationary employee anytime during that employee's probationary period. The employee so terminated shall be notified in writing of the reasons for the termination and shall not have the right to appeal unless he or she is a veteran, in which case the procedure prescribed in Minnesota Statute 197.46 shall be followed. Veterans as defined by law shall only be released from employment with the City only after a determination through a fair hearing for incompetence or misconduct. Nothing in this Personnel Policy shall be 8 construed to imply that after completion of the probationary period, an employee has any vested interest or property right of City employment. Subd. 4 Demotion Employees terminated during a probationary period from a position to which they were transferred or promoted may be reinstated to a position in the class from which they were transferred or promoted, upon approval and at the discretion of the Appointing Authority. If a position in that class is not open, the employee may be placed on leave of absence without pay at the discretion of the Appointing Authority until such time as an appropriate position is available. Subd. 5. Completion of Probation Period A performance evaluation will be completed and reviewed with the employee before the end of the probationary period. The City Administrator will notify the Council as to whether the employee's performance has been satisfactory or not, and whether the employment relationship should be continued. In the case of the City Administrator, the Council will evaluate the employee and determine in its sole discretion whether or not to continue the employment relationship. The evaluation of the City Administrator shall be in writing on a performance review form. If the notification indicates the employee has successfully completed the probationary period and 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. 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 STATUS CHANGES 5.1 Reclassification A recommendation for an employee to receive a reclassification will be made on the basis of the job's content, resulting from significant changes in the kind, difficulty, and/or responsibility of the work performed in the position. A reclassification may warrant an increase or decrease in salary range. The City 9 Council must review all reclassification recommendations made by the City Administrator. Reclassification will be approved only by the City Council. 5.2 Promotion Vacancies shall be filled by promotion of present employees who meet the requirements established for the classification, when it is in the best interest of the City, as determined by the discretion of the City. 5.3 Demotion An employee may be demoted if found unsuited for the present position in the City's discretion, but may be expected to perform satisfactorily as determined by the City, in a position of having a lower pay range, rank or grade, and/or lesser responsibility than previously held. An employee may also be demoted at the discretion of the City, if his/her position has been abolished or reclassified and he/she cannot be transferred to a position of equal pay for which they are qualified and suited. 5.4 Reduction of Workforce If it is deemed necessary at the discretion of the City, 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. The City may layoff any employee, at its discretion, whenever such action is made necessary as provided in the annual budget by reason of shortage of work or funds, the abolition of a position or because of changes in organization. Two (2) weeks advance written notice of the lay-off shall be given. An employee may be transferred to another position, at the City's discretion, if such employee is qualified and a position is available. When a layoff occurs in a job classification in which more than one employee serves, qualification and job performance, as determined by the City, shall be the basis for determining which employees are laid-off unless otherwise required by law. Employees who have been laid off will be recalled to their former position classification in the reverse order of their lay-off, if the City determines that such a recall is appropriate. The suspension and dismissal procedures outlined in "Discipline" of these policies shall not apply to separation covered by reduction in force or layoff. 10 6 COMPENSATION AND WORK HOURS 6.1 General Policy All employees of the City shall be compensated according to wage schedules or salaries as determined annually by the City Council upon the recommendation of the City Administrator. The Council may change or modify any wages or salary of any employee at any time for budget reasons. Initial appointments to full-time positions will normally be made at the adopted wage for the applicable job class. Exemptions may be made to the starting rate at the discretion of the City Council, based on additional education, training, qualifications and/or experience above that normally required for the position. 6.2 Pay Periods Employees shall be paid by check, bi-weekly on alternate Thursdays. The pay received by an employee will be exclusively for the hours worked during the pay period plus any holidays, overtime, vacation days and sick days, as applicable. 6.3 Work Hours 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. 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. 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 4:30 p.m., and including rest periods and 30-minute meal breaks. City Hall hours will remain as 8:00 a.m. to 4:00 p.m. The regularly scheduled work week for part-time non-supervisory employees is less than forty (40) hours per week, including rest periods and excluding meal breaks. Flexible work schedules will be allowed on a case by case basis as approved by the City Administrator. 11 6.4 Work Breaks 1 Meal Break - Employees working eight or more consecutive hours will be authorized an unpaid meal break. 2 Rest Break - When working under conditions where the use of a rest break is practical, employees will be allowed to take a fifteen-minute break approximately midway through each four- hour shift. The time of the break is subject to the approval of the supervisor. Unused rest breaks may not be accumulated, nor may they be used for any purpose other than a mid-shift rest period. Unused rest breaks may not be used to leave work early. 6.5 Job Sharing Job sharing will be considered on an individual basis at an employee's request. Any agreement between an employee and supervisor is subject to approval by the Council. 6.6 Overtime The City recognizes some employees may be required to work extra hours in emergency situations and during unexpected peak workload periods. The scheduling and payment of overtime will be in accordance with the applicable Fair Labor Standards Act and the following: A. Non-Exempt Employees - Non-exempt employees shall be compensated for work their supervisor requires them to undertake in excess of a forty-hour workweek. Hours taken as sick leave, vacation leave, or holidays are not considered hours worked for the purposes of computing a forty-hour work week. The compensation shall be paid at one and one-half times their regular rate of pay. The Employee shall be compensated for any overtime worked in the same pay period it is earned. B. Exempt Employees - Exempt employees shall not be granted overtime compensation. However, exempt employees also 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. C. Overtime Authorization - Overtime should be avoided but when it is necessary, the City Administrator must give specific approval prior to its being earned. Pre-authorization may be presumed by employees in emergency situations such as excess snowfall, flood, 12 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 Outside Employment Employees must devote all work time to City business. Work time describes the entire workday as scheduled. No work relating to outside employment or other non-City business may be performed during work time. A. Conflict of Interest - Outside employment may not present a conflict of interest, or in any way jeopardize the welfare of the City, as determined by the City. B. 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. C. Contracts With City - Employees are prohibited from working for any contract or company that has a contract with the City during the period of time in which work is being done for the City. D. Supplies - No employee shall accept employment that requires the use of City equipment, facilities or material. E. Compensation - No employee shall accept payor compensation from anyone for work done during time being compensated by the City. Employees who are volunteer firefighters shall: 1 Make up time lost due to emergency calls 2 Use accumulated annual leave, or other leave for such calls or pay the City any earnings received as a volunteer for such calls. 3 Unless authorized otherwise, only one employee may respond to an initial fire call while on duty. Any doubtful case or problem should be taken up with the City Administrator if it may involve a conflict of interest. 13 6.8 Unauthorized Absences Employees may not be absent from duty without permission from their supervisor. Any employee absent from duty without leave or permission will be subject to disciplinary action up to and including dismissal at the discretion of the City. Unauthorized absence from work may be considered a resignation without notice and not in good standing. 7 HOLIDAYS 7.1 General Regular full-time, probationary and part-time employees, on a pro-rated basis, are eligible for the paid holidays as listed below. No seasonal/temporary employees will receive holiday pay for time not worked. 7 .2 HOLIDAYS DATE New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Fourth Friday Christmas Day Floating Holiday January 1 Third Monday in January Third Monday in February Last Monday in May July4 First Monday in September November 11 Fourth Thursday in November Friday after Thanksgiving December 25 Date to be pre-approved. Subd. 1 Saturday/Sunday Holidays - For full time employees, 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. Part time employees will be compensated on a pro-rated basis for any holidays that fall on a Saturday or Sunday. Subd. 2 Floating Holiday - Each employee gets one floating holiday per year and it may be taken at the request of the employee, with prior approval of the employee's supervisor. Floating holiday may be taken during the probationary period. An unused floating holiday shall be forfeited and may not be carried over to the next payroll year nor paid as severance. 14 7.3 Holiday Pay 1. Worked - An employee required to work on a holiday shall be paid at the rate of one and one-half times the employee's base pay. 2. Not Worked - An employee not scheduled to work on holidays will received their normal hourly rate exclusive of overtime premiums. 3. On Leave - Holidays occurring during an employee's vacation leave, sick leave, or funeral leave will be considered a holiday and the employee will not be charged for vacation on the day. 8 VACATION LEAVE 8.1 General Employees who have worked for the City for at least six months are eligible to accrue vacation leave from the date the employee is hired. Vacation leave will be available for use as it is accrued during the first year of employment. Each year thereafter, vacation will be awarded at the employee's anniversary date according to the vacation accrual schedule below. 8.2 Accrual Full-time employees shall earn vacation leave at the following rates. Part-time employees shall be compensated on a pro-rated basis. Years of Service 0-5 6 - 10 10 + Vacation Earned 6.67 hrs. per month 10 hrs. per month 13.33 hrs. per month 8.3 Requirements 1. Vacation must be approved in advance by the City Administrator. 2. A vacation week will consist of the average number of regular hours per day, days per week worked over the previous year, not to exceed eight hours per day or forty hours per week. 3. In the event of termination, full time employees will be compensated for all earned vacation at his or her regular rate of pay. 15 4. Requests to use paid vacation shall be received at least twenty-four hours in advance of the requested time off, preferably longer. This notice may be waived at the discretion of the City Administrator. 5. Up to a maximum of one week of accrued vacation may be carried over to the next year. 6. Vacation may be taken in increments of one hour or more. 7. The rate of vacation pay will be the employee's regular rate of pay in effect on the date immediately proceeding the employee's vacation period. 8. Holidays occurring during an employee's vacation leave will be considered a holiday and the employee will not be charged for vacation on the day. 9 SICK LEAVE 9.1 General Regular full-time, probationary and part-time employees are eligible to earn paid sick leave from the date the employee is hired. Part-time employees accrue paid sick leave on a pro-rated basis. Paid sick leave is not available to temporary, intermittent, or seasonal employees. Paid sick leave may be approved only for days when an employee would otherwise have been regularly scheduled to work. It may be used, with the approval of the supervisor, in any of the following cases: 1 When the employee cannot work because of the illness, injury, or disability of employee, employee's minor children, or employee's spouse; 2 For medical, dental chiropractic, or optical examinations or treatments of employee or employee's minor children; 3 When the employee's presence would jeopardize the health of other employees by exposing them to contagious disease; 4 When a member of the employee's immediate family is seriously ill or injured, requiring the employee's attendance. Immediate family is defined as spouse, parents, children, siblings, stepparents, stepchildren, or legal guardian). The City 16 may require confirmation of the necessity of attending the family member by the physician. 9.2 Accrual Amount. Sick leave for every probationary and regular full-time employee will be twelve days per year based on the accrual of one day for each calendar month of full time service or a major fraction thereof. An employee may accumulate no more than 120 days. 9.3 Requirements 1. Sick leave shall not be granted until it is earned. 2. Sick leave is accrued at the end of a completed year of service to be used during the following year. 3. In the event of termination, sick leave will NOT be paid to the employee. 4. Employees shall report the reason for their absence as soon as practical to their supervisor (employees failing to give such notice will be subject to discipline ). 5. Employees shall keep their supervisor informed as to the status of their condition. A physician's statement may be required, at the discretion of the City, for absences of three or more consecutive days, or for frequent absences, or absences that follow a pattern (such as the same day of the week, connecting to a holiday, etc) 6. Sick leave may be taken in increments of one hour or more. 7. The rate of sick pay will be the employee's regular rate of pay in effect on the date immediately preceding the employee's sick leave. 8. Holidays occurring during an employee's sick leave will be considered a holiday and the employee will not be charged for sick time on the day. 9.4 Donation of Sick Leave With the expressed written approval of the City Council, City employees having accrued sick leave may be allowed to donate a portion of their sick leave to fellow employees experiencing a major life threatening disease or condition suffered by the employee, their spouse or minor children. A major life threatening disease or condition shall include, but not necessarily be limited to heart attack, stroke, organ transplant, or life threatening illness or condition as defined by a physician's diagnosis. 17 The donation of sick leave from one employee to another shall be subject to the following terms and conditions. 1. An employee is only eligible to receive donated sick leave for time loss from work due to a major life threatening disease of condition as described above, equal to the number of hours of time, compensated by sick leave or vacation leave, which the employee would lose from his/her job due to major life threatening disease or condition. 2. An employee will be eligible to receive donat~d sick leave only after the employee's accrued sick leave and vacation have been used by the employee. 3. No employee will be allowed to receive more than twenty days of donated sick leave for any single major life threatening disease or condition without the additional express approval of the City Council. 4. Donated sick leave will be paid at the regular rate of the employee receiving the donated time. 5. An employee may donate no more than sixteen hours per calendar year to a single fellow employee. This shall not be construed to prohibit donating sixteen hours each per year to additional fellow employees. 6. A written request to donate sick leave must be made to the City Council via the City Administrator. 7. The City Administrator shall have the right to deny use of donated sick leave or limit its use as shall be determined necessary to the best interests of the City. 10 UNPAID LEAVE OF ABSENCE 10.1 General The City Administrator may authorize an unpaid leave of absence for up to ten (10) days. Unpaid leave of absence for greater periods must be authorized by the City Council. 18 10.2 Effect on Benefits Except as provided or required by law, 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 pay, vacation or sick leave while on leave of absence. Leave of absence hours will not count toward seniority and all accrued vacation must normally be used before an unpaid leave of absence will be approved. To qualify for an unpaid leave of absence, an employee need not have all sick leave earned. However, leave without pay for purposes other than medical leave, child care, or work-related injuries will be at the convenience of the City. 10.3 Eligibility 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. A. Medical Leave. A regular employee who has completed the initial probationary period and is unable to work because of illness or injury and who has exhausted all accrued sick leave may, upon request, be granted a medical leave of absence without pay up to six (6) months. The City, at its discretion, may renew such leave. All requests for medica/leaves, and for renewal of such leave, must be accompanied by a doctor's certificate verifying the existence of the illness, injury or disability for which medical leave is requested with the expected duration of the absence. An employee is allowed fifteen (15) calendar days to obtain the medical certification. The employee may not return to the job until the City receives certification by the examining doctor that the employee is medically able to perform the job. If the employee is determined to be qualified disable employee in accordance with the Americans with Disabilities Act, (ADA), the examining doctor will attest to whether the employee is medically able to perform the essential requirements of the job, with or without reasonable accommodations. The department head may consult with a physician or other medical expert to determine reasonable accommodations. 19 The City will continue to pay the employer's portion of health insurance premiums during an approved medical leave for up to six (6) months. Arrangements should be made by the employee to pay the employee's portion during the leave. 10.4 Return from Leave of Absence. Employees receiving unpaid leave of absence for illness, temporary disability, or child care will be returned to the original position or one of similar status and salary, unless that job or position was abolished during the leave, in which case, the employee will be laid off. Employees receiving unpaid leave of absence in excess of sixty (60) days or for reasons other than illness, temporary disability, or child care cannot be guaranteed return to their original or similar position. If the original position or a position of similar or lesser status and salary is available, it may be offered at the discretion of the City Administrator. Employees will not accrue seniority during the period(s) of unpaid leave of absence. 10.5 Concurrent Leave. Leave taken under this Section shall run concurrently with any leave taken under the Family and Medical Leave Act. 11 OTHER LEAVES OF ABSENCE 11.1 Military Leave. Minnesota Statutes, Sections 192.26 and 192.261 provide that an employee of a municipality which 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 not exceeding a total of fifteen (15) days in any calendar year. The leave of absence is only in the event the employee returns to employment immediately upon being relieved from military or naval service or is prevented from returning by physical or mental disability or other cause not the fault of the employee, or is required by the proper authority to continue in military or naval service beyond the fifteen (15) day period allowed for the paid leave of absence. 20 Notice will be given to the City at least fifteen (15) working days in advance of the requested leave. Notice may be waived under certain circu mstances. In accordance with State law, the employee will be granted an unpaid leave of absence when called into active duty. If an employee has not yet used their fifteen (15) of paid leave when called to active duty, any unused paid time will be allowed prior to the unpaid leave of absence. Eligibility for continuation of insurance coverage will follow the same procedures as for any terminated or laid off employee while an employee is on an unpaid leave of absence for active duty. The leave of absence will not be considered work time for purposed of vacation and sick leave accrual. 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. Section 2021 and 2024. 11.2 Jury Duty 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. 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. 11.3 Funeral Leave 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. Immediate family (for purposes of this Section) is defined as an employee's parent, step-parent, spouse, child, step-child, brother, sister, step-brother, step-sister, grandparent, grandchild, spouse's parents, brother-in-law, sister-in-law or member of the immediate household. 21 The actual amount of time off, and funeral leave approved will be determined by the department head depending on individual circumstances, (such as the closeness of the relative, arrangements to be made, distance to the funeral, etc.). In these situations, employees will receive their regular pay except that employees will not be paid for regularly scheduled days off. 11.4 Parental Leave Eligibility for Parental Leave shall be in accordance with the Family and Medical Leave Act and the Minnesota Parenting Leave Act. 12 INSURANCE PLANS 12.1 Health Insurance Upon proper application and subject to any required premiums, all regular full time employees will be required to be covered by the City's health insurance plans. Subject to the payment of the required premiums, an employee's dependents may also be covered under such plans. a) The City Council will periodically review the percentage of premiums the City pays and will determine whether a change in the amount is warranted. b) The balance of the monthly premium will be paid by the employee through authorized payroll deductions. c) Any employee leaving City service for any reason may continue coverage under the City's group insurance plan for a period not to exceed Federal or State requirements. Such employees must pay the entire premium for that coverage and may not upgrade the coverage from single to family, unless otherwise required by law. 12.2 Dental and Life Insurance Upon proper application and subject to any required premiums, all regular full-time employees will be covered by the City's dental and life insurance plans. Subject to payment of any required premiums, an employee's dependents may also be covered. 22 13 EMPLOYEE TRAININGITRAVEL 13.1 General Policy - Training 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 issues, need 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 payment 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. Other expenses eligible for reimbursement require receipt of appropriate documentation. Required documentation and receipts vary depending on the event. Meals, lodging and parking required itemized receipts. 13.2 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. 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 the City Council action. The adopted rate will remain in effect until a change in rate is approved. The City shall not be responsible for any costs associated with the maintenance or repair of an employee's vehicle or part thereof. b) OverniQht 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 conference or meeting will normally be the least expensive single room rate available at the location of the conference, or the actual cost, whichever is less. If two (2) City representatives of the same gender are attending the same approved event, the maximum reimbursable expense will normally be the lowest two- 23 bed double-room rate at the conference site or the actual expense incurred, whichever is less (one room for two attendees). c) Meal Allowance. Employees will be reimbursed for meals, including tax and a reasonable gratuity, when on approved assignment for the City. Employees will be reimbursed for meals in connection with conferences and meetings only when the meals are not included in the conference registration fee. The maximum allowable reimbursable expense per meal will be set periodically by the City Council. d) Tuition, Dues and Fees. When prior approval has been granted by the City Council, registration and/or conference fees are eligible for reimbursement or pre-payment. e) Parkin~ and 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. 13.3 Applicability 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. 14 PERFORMANCE APPRAISAL 14.1 Employee Performance Appraisal Employees will normally have their performance evaluated at least once during the probationary period and every six (6) months thereafter. Performance evaluations will be maintained in employee personnel files and will be considered when personnel actions are contemplated. Performance appraisals will be conducted in accordance with the established performance appraisal system. 24 15 SAFETY 15.1 General The personal health and safety of each employee of the City and the prevention of occupational injuries and illnesses are of primary importance to the City. To the greatest degree possible, management will maintain an environment free from unnecessary hazards and will establish safety policies and procedures for each department. Adherence to these policies is the responsibility of each employee. Overall administration of this policy is the responsibility of each department head. 15.2 Safety/Accident Reporting Worker's Compensation benefits and OSHA Gob safety laws) require that employees involved injob-related accidents and sicknesses be reported as soon as possible by the employee, or on behalf of the injured or sick employee by his or her department head. 16 SMOKING In the interest of good health, the City discourages employees from smoking. Smoking within City buildings, offices and work sites is governed by the Minnesota Clean Indoor Air Act. Approved smoking areas must be clearly designated. 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. 17 DISCIPLINE 17.1 Objective 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 and nothing in these policies shall be construed as creating an employment contract between the City and an employee, nor shall these policies be construed as providing any employee with a property interest or a vested interest in employment with the City. 25 City employees are expected to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct. Failure to do so may result in disciplinary action. 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. However, there may be circumstances that warrant deviation from the suggested order of the disciplinary process, as shall be determined at the sole discretion of the City. The standard process is as follows: A. Oral Warning. Oral warning should normally be given for the first infraction to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. There may be time when the first infraction is so serious that an oral warning may be insufficient. B Written Warning. A written warning shall normally state the reason for the warning along with a description of the events/problems that led to the warning. It shall normally describe actions taken by the supervisor to correct the problem, if applicable, including any timetable or goals set for improvement. It will indicate further disciplinary action that could result if the problem continues or if related problems occur. The warning will be given to the employee to sign acknowledging that he or she has received the warning and a copy for their records. Another copy of the written warning shall be placed in the employee's personnel file. Written warnings are more serious than oral warnings and normally follow verbal warnings when the problem is not corrected or the behavior is not consistently improved, given a reasonable period of time for improvement. Serious infractions may require skipping either a verbal or written warnings, or both. C. Suspension. The employee will normally be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. 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. 26 , 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 he/she would have been due had the suspension not taken place. 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 at its discretion. The dismissal notice shall be in writing and shall contain the reason for dismissal. 17.3 Reasons for Dismissal Subject to state law on Veteran's Preference and Minn. Stat. Sections 181.931 - 181.935, the City Council may, at its discretion, dismiss an employee for reasons including but not limited to, substandard work performance, behavior not in keeping with City standards, or if in their judgment, the employee is unsuited for employment with the City. Removal of veterans may be made only for incompetence or misconduct shown after a hearing with due notice (M.S. 197.46). 18 SEXUAL HARASSMENT 18.1 General The City of Centerville is committed to providing a working environment free of harassment and discrimination. In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. This policy apples to all employees. This policy statement is intended to make all employees sensitive to the matter of sexual harassment, to express the City's strong disapproval of unlawful sexual harassment, to advise employees of their behavioral obligations and to inform them of their rights. 27 18.2 Definition 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 explicitly or implicitly, or obtaining employment; 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: · Unwanted physical contact · Unwelcome sexual jokes or comments · Sexually explicit posters or pin-ups · Repeated and unwelcome requests for dates or sexual favors · Sexual gestures · Any indication, expressed or implied, that an employee's job security or any other condition of employment depends on submission to or rejection of unwelcome sexual requests or behavior. 18.3 Expectations The City of Centerville recognizes the need to educate its employees on the subject of sexual harassment and stands committed to provide information and training. All employees are expected to treat each other and the general public with respect and to assist in fostering an environment that is free from unwanted harassment. Violations of this policy may result in discipline, including possible discharge, at the discretion of the City. Each situation will be evaluated on a case by case basis depending on the severity and the circumstances involved. In order for a sexual harassment issue to be addressed, it must be brought to the attention of management. In order for action to be taken, information must be forwarded to the appropriate level of management. 28 Any employee who believes he or she has been harassed by a co-worker, supervisor, or agent of the City should promptly 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. 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 council member. The City Administrator (or mayor or councilmember) will investigate such claims and take appropriate action. 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 occur after the complaint is made. Employees have the right to raise the issue of sexual harassment and to file complaints with respect to such harassment without reprisal. The City recognized that there are inherent difficulties in developing evidence and maintaining close working relationships among employees in instances where harassment has occurred. Because of this, the City urges that conduct which is viewed as offensive, be reported immediately to allow for corrective action to be taken through education and initial counseling, if appropriate. Management has the obligation to provide an environment free of sexual harassment. The City of Centerville is obligated to prevent and correct unlawful harassment in a manner which does not abridge the rights of the accused. To accomplish this task, the cooperation of all employees is required. The City of Centerville will, in all cases, take action to correct any reported harassment to the extent evidence is available to verify the alleged harassment and any related retaliation. All allegations will be investigated. Strict confidentiality is not a/ways possible in all cases of sexual harassment as the accused has the right to answer charges made against them, particularly if 29 discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the extent possible. 19 ALCOHOL OR DRUGS; TREATMENT AND COUNSELING Employees are prohibited from possessing or consuming alcohol or non- prescription drugs while on the job. Any employee who reports to work incapacitated or whose performance is impaired through the use of alcohol or non-prescription drugs is subject to disciplinary action. In instances where it is necessary, sick leave may be granted for an evaluation, treatment or rehabilitation on the same basis as is granted for ordinary health problems. Consideration will be given for use of leave of absence without pay as defined by the City's personnel policies. The City has also made available access to an Employee Assistance Program (EAP), sponsored by CIGNA Behavioral Health Services. 20 DRUG FREE WORKPLACE In accordance with federal law and the City of Centerville has adopted the following policy on drugs in the workplace: · Employees are expected and required to report to work on time and in appropriate mental and physical condition, ready to perform the duties of their job. It is the City's intent and obligation to provide a drug-free, safe and secure work environment. · 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. · 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 health insurance plans, as appropriate. · Employees must, as a condition of employment, abide by the terms of the City's drug and alcohol policy and must report any conviction under a criminal drug statute for violations occurring on or off the work premises while conducting City business. A report of the 30 conviction must be made within five (5) days after the conviction as required by the Drug-Free Workplace Act of 1988. 21 RESIGNATION 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 and 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. 22 CODE OF CONDUCT AND ETHICS 22.1 Purpose 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. 22.2 Conflicts of Interest No employee having the power or duty to perform an official act or action may be directly or indirectly interested in any contract, transaction, or zoning decision of the City of Centerville except as provided for in the Minnesota State statutes. Any employee having an interest in any proposed legislative action of the City Council and who gives an opinion or recommendation to the Council, shall disclose on the record of the Council meeting the nature and extent of such an interest. No employee may purchase personal property from the City except property that is no longer needed by the City and: 1. if there is a reasonable public notice and the goods are sold through public auction; and 2. if it is sold by a sealed bid process and the employee has the highest responsible bid. The employee who 31 buys the property must not be involved in the auction or sealed bid process. No employee may accept any gift or gratuity in any size under circumstances in which it could be reasonably thought to influence him or her in the performance of his or her official duties or in which it appears to be a reward for any official action on his or her part. Gifts or gratuities which may be acceptable are as follows: 1. Awards for meritorious civic service contribution. 2. Unsolicited items that are donated to and shared by the work group. 3. Unsolicited advertising or promotional materials with a value of less than $50.00. 4. 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. 22.3 Nepotism. Relatives of current City employees and City Councilmembers are not eligible for employment in job classification in which a conflict of interest may occur. Therefore, relatives will not be hired where: 1. One relative would have the authority or practical power to supervise, appoint, remove, or discipline the other; 2. one would be responsible for audition the work of the other; 3. other circumstances exist which would place the relative in a situation of actual or reasonable foreseeable conflict between the City's interests or their own; or 4 where the applicant/City employee has a relative who is employed by an organization with whom the City has business dealings, and in the City's judgment, considering the positions and job responsibilities of both the applicant/ employee and the relative would create an appearance of improper influence or favor or would jeopardize the confidentiality of data maintained by the City. The City is not obligated to give special treatment, such as preferential scheduling, to married couples. 32 Definitions: 1. Relative: The term "relative" when used in this policy means any two (2) or more individuals who reside in the same dwelling unit or who are related to each other by blood, marriage, or adoption where one of the individuals is the spouse, parent, grandparent, child, brother, or sister of the other. 2. Employee: Anyone employed in a full- or part-time regular status positions, or in a seasonal, temporary, or paid on-call positions. 22.4 Falsification of Records 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. 22.5 Rendering of Consideration No person seeking employment to, or promotion in, the City of Centerville will either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person on account of or in connection with, the test, appointment, or promotion, or proposed appointment or promotion. ?? 6 II~o ~n,.l C:~f'e""I~..,.Ii...,.. ",of r;f." D.."'...............y. ....... "''''.... UIIU ,",UI ~UUI UII "~ UI "'" LY r I UfJCI L No employee shall use or permit the use of City owned vehicles, equipment, tools, machinery, materials, or other property for personal use 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 unless prior authorization has been given. City employees shall not store personal property on City property or in City facilities for more than 30 consecutive days. All employees of the City of Centerville who have authority over, or the use of City vehicles, equipment, machinery or property in the course of their duties must assume responsibility for the safeguarding and care of such items. 22.7 Disclosure of Confidential Information No City employee, with respect to any transaction, zoning decision, or other matter which may be the subject of an official act or action of the City of Centerville shall without proper legal authorization, disclose confidential, private or otherwise non public information relating such transaction, zoning decision or other matter, or use such information inappropriately, such as to advance the 33 financial or other private interest of the employee or anyone else authorized to act on the behalf of the City. No City employee who has custody of or access to any personnel files or other information which may be considered confidential, private or otherwise non public by Minnesota law shall use or release such information without proper authority. 22.8 Political Activities Political activities which are not in violation of state and federal laws are generally permitted. Minnesota laws provide that an employee or official of the City may not use official authority or influence to compel a person to apply for membership in or become a member of a political organization, to payor promise to pay a political contribution, or to take part in a political activity. Federal law (commonly referred to as the Hatch Act) applies to those employees whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the federal government or a federal agency. This group of employees may not: · Use official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; · Directly or indirectly coerce, attempt to coerce, command, or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or a person for political purposes; or · Be a candidate for elective office. However, this prohibition does not apply for nonpartisan candidacies. A nonpartisan candidacy is one where none of the candidates is to be nominated or elected at such election is representing the republican or democratic party. 23 APPEARANCE AND ATTIRE POLICY 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 neatly 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 function and safety. 34 These considerations should be based on job safety, City image, and personal hygiene. The following is not considered appropriate attire in most work settings and is strongly discouraged: · Tube tops, halter tops, tank tops, muscle shirts · Sweats or work out clothing · Tight, body-hugging clothing · Shorts · Clothing that is revealing and causes a distraction · Clothing that is faded, worn or in disrepair The City Administrator will be responsible for determining if attire is appropriate. Employees who have questions concerning appropriate work attire should direct them to the City Administrator. 23.1 Casual Fridays. Fridays are designated as "casual day" in City Hall on these days nice jeans, City logo t-shirts, City logo sweatshirts and knee-length walking shorts can be worn. None of the other items on the above list qualify as casual Friday attire. Employees, who take Friday off, cannot substitute any other day of their choice as a "casual day". 24 ELECTRONIC MEDIA USAGE POLICY Thn ('if" "f ('I""\n+^n/illrl'~ rilr."f"'l"\ni,... r"nr'\,..Ij"", 11C'>"nl"\ r"\I''''\li''\1 iro rlnroi,.,nr'\rI ....1""\ r"-1""1""\\,irl,... I Ilv '-JILY VI '-J<J'IL<JI VIII<J v <JI<J,",L' VIII'"' "'<JU'O UVOl::l<J I-'VII,",Y Iv U<JV'l::l"<JU LV 1-" VVIUC 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 (computer, e-mail, telephones, voice mail, fax machines, external electronic bulletin boards, on-line services, and the Internet). 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. With the rapidly changing nature of electronic media, and the "netiquette" which is developing among users of external on-line services and the Internet, this policy cannot lay down rules to cover every possible situation. Instead, it 35 expresses the City's philosophy and sets forth general principles to be applied to use of electronic media, data, and services. The following procedures apply to all electronic media, data, and services, which are: 1. Accessed on or from City premises 2. Accessed using City computer equipment, or via City-paid access methods 3. Used in a manner which identifies the individual with the City 24-1 Authorization An employee must sign a statement acknowledging that they have read, understand, and agree to comply with this policy. No employee will be authorized to use electronic media or services until they have signed the appropriate statement and returned it to the City Administrator. Any use of electronic media or services contrary to these Personnel Policies or federal, state or local law may subject an employee to discipline, as determined in the discretion of the City. 24-2 Inappropriate Material Electronic media may not be used for knowingly transmitting, retrieving or storage of any communications of a discriminatory or harassing nature, or which are derogatory to any individual or group, or which are 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, as determined by the City. Electronic media may not be used for personal use relating to political, religious, or personal financial profit. 24-3 Personal Use Limitations 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 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. 36 24-4 Individual Privacy The City also reserves the right, in its discretion, to review any employee's electronic files, messages and usage. In addition, employees should not assume electronic communications are private and confidential and should transmit highly sensitive information in other ways. Employees must respect the confidentiality of other people's electronic communications and may not attempt to read, "hack" into other systems or other people's accounts, or "crack" passwords, or breach computer or network security measures, or monitor electronic files or communications of other employees or third parties except by explicit direction of City management. 24-5 Copyrights Anyone obtaining electronic access to other companies' or individuals' materials must respect all copyrights and may not copy, retrieve, modify or forward copyrighted materials except as permitted by the copyright owner. Also, network users shall not delete, examine, copy or modify files and/or data belonging to other users, without their prior consent. 24-6 Passwords I Security The City Administrator reserves the right to override passwords and codes at any time. if the City 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. 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. 24-7 Excessive Usage 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 37 external networks or computers can cause such excessive computer usage or even damage a system and so would be a violation of this policy. 24-8 Questions Regarding Policy City employees who have concerns or are uncertain about ethical, legal or security issues regarding the use of data communications tools are expected to discuss their concerns with their supervisor who will act as the employee's first point of contact. Part of the responsibility of the City Administrator is to insure the integrity of City data (an asset). Therefore, the City Administrator, in consultation with the City Attorney, will resolve and answer any questions about this Acceptable Use Policy or its interpretation. Until such issues are resolved, questionable use should be considered "not acceptable". Questions of interpretation should be submitted, in writing, to the City Administrator. Final authority for this Acceptable Use Policy lies with the City Council. 24.9 Policy Violations The City Administrator will review all alleged violations of this City policy on a case-by-case basis. The City Attorney may be consulted for technical assistance in investigating a complaint. Violations of the policy which are not promptly remedied may at the discretion of the City and consistent with the Personnel Policies or appropriate bargaining unit agreement, result in the expulsion of the offending employee from the City's network services in addition to disciplinary action. 25 NON-DISCRIMINATION POLICY That the City and all employees thereof are subject to a policy of non-discrimination on the basis of race, color, age, creed, religion, national origin, sex, marital status, sexual orientation, status with regard to public assistance, disability or membership or activity in a local commission. 26 SAVINGS CLAUSE This policy is subject to the laws of the United States and the State of Minnesota; in the event that any provision shall be held 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. 38 Attest: Passed this th day of 2002. , Mayor , City Administrator 39 J J TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk/( SUBJECT: Ordinance Codification DATE: February 5, 2003 I have been in contact with American Legal Publishing Corporation and the League of Minnesota Cities in regards to the status of the City's Ordinance Codification process. As you may be aware, it has been several years since this item has been given attention. The City previously signed a contract with the League to commence codification of their ordinances. It appears that the League has been paid for 60% of the original cost of $7,925.00 to complete the process. Both American Legal and the League are aware of Staff turnover and will be forwarding information to me. This information will contain whether to commence the entire process again or complete the ten (10) new ordinances and present a draft and then make modifications to that draft. As the process continues I will be keeping Ms. Moore-Sykes and Council current on the status of this project, associated fees, etc.