HomeMy WebLinkAbout2002-09-16 CC WS Packet
COUNCIL WORKSESSION
MONDAY, SEPTEMBER 16,2002
6:30 P.M.
L CALL TO ORDER
1. Roll Call
II. APPROVAL OF AGENDA
ill. A W ARDSIPRESENTATIONS/APPEARANCES
IV. PUBLIC HEARINGS
V. COUNCIL BUSINESS
1. Personnel Policy
VL CONSENT AGENDA
VIL APPROVAL OF COUNCIL MINUTES
Vll. ANNOUNCEMENTSIUPDATES
IX. ADJOURNMENT
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tervi[[e
'Esta611sfiea 1857
STAFF REPORT
DATE:
September 16, 2002
TO:
Honorable Mayor and Councilmembers
FROM:
Kim Moore-Sykes, City Administrator
RE:
Draft Personnel Policy r::+5
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The attached draft personnel policy is a compilation of various items from Centerville's
policy as well as Blue Earth, Shakopee and Cottage Grove as well as ideas discussed
during the recent budget worksessions. As you can see, this document is substantial, but
it does incorporate several ideas where only one is ultimately needed. The final
document should be more manageable.
I have also attached the copies of the other cities' policies for your information and not
necessarily your review, unless you choose to do so.
'()llA f-r
Adopted By:
Centerville City Council
Resolution #
(date)
This supersedes all previous personnel policies
Amendments:
Resolution # Adopted (date)
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TABLE OF CONTENTS
ARTICLES PAGE
1 GENERAL
1-1 Purpose
1-2 Scope.
1-3 Authority
2 DEFINITIONS
3 ORGANIZATION
3-1 Personnel Files
3-2 Job Description
3-3 Assignment of Work.
3-4 Classification of Job Duties
4 APPOINTMENTS
4-1 Equal Employment Opportunity
4-2 Vacancies
4-3 Job Posting
4-4 Recruitment
4-5 Appointment Authority
4-6 Pre-employment Medical Exams
4-7 Temporary Appointments
4-8 Employment of Minors
4-9 Probationary Period
4-10 Background Investigations.
5 Employment Changes
5-1 Reclassification
5-2 Promotion
5-3 Demotion
5-4 Reduction of Workforce
TABLE OF CONTENTS
ARTICLES
PAGE
6 Compensation and Work Hours
6-1 General Policy
6-2 Paychecks
6-3 Work Periods
6-4 Work Breaks.
6-5 Job Sharing .
6-6 Compensatory Time/Overtime
6-7 Outside Employment
6-8 Unauthorized Absences
7 Holidays
7-1 General
7 -2 Holidays
7-3 Holiday Pay
8 Vacation Leave
8-1 General
8-2 Accrual
8-3 Requirements
9 Sick Leave
9-1 General
9-2 Accrual
9-3 Requirements
9-4 Donation of Sick Leave
10 Leave Without Pay
10-1 General
10-2 Effect of Benefit
10-3 Eligibility
1 GENERAL
1.1 Purpose
The purpose of this policy is to establish a uniform and equitable system of
personnel administration for tAe mLemployees of the City of Centerville as well as
all orqanized personnel who work under a neqotiated aqreements with the Citv.
In the event of a conflict between the terms of the neqotiated aqreement and this
personnel policv, the terms of the neqotiated aqreement shall take precedence
and those emplovees subject to the aqreement shall be so requlated. Nothinq in
this policv shall be construed as part of an emplovment contract between the Citv
of Centerville and its emplovees. This handbook is not intended to be Q contract
or an otf-or of a contract. Additionallv, the provisions in this policv supersedes all
prior emplovee policies. The Citv of Centerville reserves the riqht to chanqe the
proviSions of this personnel policv from time to time without notice. This policv
supersedes any prior representations or understandinqs and shall be subject to
all applicable State and Federal Laws, as well as City Ordinances~
These policies may be amenEled, modified, added to, eliminated, or otherwise
chcmged C1ny time at the sole discretion of the City witheut notice to employees.
1.2 Scope
This personnel policv applies to all Citv of Centerville emplovees. except the
fOllowinq:
. Elected Officials
. Consultants Renderinq Professional Service
. Members of City Boards. Commissions, and Committees
. Persons Enqaqed Under a Specific Emplovment Contract
. Volunteer Personnel
. Temporarv Emplovees
All emplovees covered bv a collective barqaininq aqreement entered into in
accordance with the Public Emplovers Labor Relations Act. Minnesota Statues &
179.61 - 179.77. and & 179A.01 - 179A.01 - 179A.25 shall be exempt from anv
of these provisions which directlv conflict with the lanquaqe in the barqaininq
aqreement.
1.3 Authority
The provisions of this personnel policy may be revised or amended at any time at
the sole discretion of the City. The Citv Administrator shall make interpretation of
these policies or decision on items not covered with them.
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1.4 Eaual Opportunity Emplover
The Citv of Centerville strives to provide full and equal opportunities for every
person in all areas related to emplovment, traininQ, promotion and compensation.
No individual shall be discriminated aQainst with respect to compensation, terms.
conditions or other privileQes of emplovment because of race, color. creed,
reliQion. sex, aQe. national oriQin, sexual preference, marital status. veteran
status. source of income, or phvsical disabilitv. and to anv other Qroup or class
aQainst which discrimination is prohibited bv state or federal law.
Emplovees who participate in discrimination of anv kind are subiect to discipline,
UP to and includinQ termination.
Anv person who feels that he/she has been discriminated aQainst should contact
their supervisor. Emplovees can brinQ complaints, ask questions. and raise
concerns under this policv without fear of reprisal.
2 DEFINITIONS
The followinQ words and terms shall have the meaninq as defined herein, unless
the context indicates otherwise.
2-1 Absent Without Leave - Anv absence of an emplovee from dutv
includinq anv absence for a sinqle dav or part of a dav that is not
authorized bv a specific leave of absence or time off under the provisions
of this policv.
2.2 Anniversary Date - The month and dav of initial hirinQ or promotion of a
reqular full-time or reqular part-time emplovee.
2-3 AppointinQ Authority - The Citv Councilor Citv Officer to whom the
Council has deleqated authoritv to apPoint personnel.
2.4 Benefits - Privileqes or non-monetary compensation qranted to
emplovees in the form of leaves of absence, insurance, or pav received in
lieu of accrued leave upon termination emplovment.
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.
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2-8 Demotion - The chanqe of an employee's status to a position of havinq a
lower pay ranqe, rank or qrade, and/or lesser responsibilitv than
preYiously held.
2-9 Emplovee -- Exempt - An employee Employees not covered by the
provisions of the Federal Fair labor Standards Act.
2-10 Emplovee -- Intermittent -An emplovee who works occasionallv or on-
eall for an indefinite time; under the same terms and conditions as a
temporary employee. Emplo,'eec who do not have regular set hours but
work infr-oquently, er as neoded, to ::Issist during times of high worklead er
te cever for vac3tions, illnesses, etc. of other City staff. Intermittent
employeec are not eligible for bonefits.
2-11 Emplovee -- Full-Time - An emplovee workinq at lease 40 hours per
week who has successfullv completed a required probationary period and
serves in a position completely funded in the approved Citv budqet for a
!'.liven fiscal vear. Employees who sorvo in Q positions th3t arc normally
scheduled for 10 hours or more par weok on a yoar r-ound b3Sis.
2-12 Emplovee -- Non-Exempt - An emplovee Employees coyered by the
Federal Fair labor Standards Act.
2.13 Emplovee -- Part-Time - An at will employee workinq less than 40 hours
per week who has successfullv completed the required probationary
period and who is not eliqible for benefits, other than those mandated bv
state or federal law. Employees who cerves in Q position that 3rD norm::lll,'
scheduled for Ieee than 10 hours per week on 3 year round basis.
2-14 Emplovee -- Probationary - A period of time at the beqinninq of
emplovment (or the beqinninq period of a promotion, transfer) that is
desianed as a trial period. The probationary period is also considered a
period and is the last part of the selection process.
2-15 Emplovee -- ReQular - An employee who has successfully completed all
stages of the selection process including the training period and/or
probationary period.
2-16 Emplovee -- Seasonal - A full-time or part-time AA employee whose
appointment is limited to a specific season of the year and is emploved
under the same terms and conditions as a temporary employee.
2-17 Emplovee -- Temporary - A full-time or part-time emplovee who serves
in a position on a temporary basis Appointment to a position on a
tempor3rJ basis where no benefit eligibility exists and no credit is given for
seniority.
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2-18 Job Description - The written description of a iob containinq a title, a
statement of duties, authoritv and responsibilities of the iob, and the
qualifications deemed necessary and/or desirable for the satisfactory
performance of the duties of the iob.
2-19 Lay-Off - The separation of an emplovee from emplovment due to
elimination of a position.
2-20 Performance Report - A review of an emplovee's performance bv the
supervisor to communicate an emplovee's strenqths or deficiencies, as
well as expectation for improvement.
2-21 Position - A specific iob, callinq for the performance of certain duties and
havinq certain responsibilities.
2-22 Promotion - An advance in position from one classification or qrade to a
hiqher classification or qrade. Intern::ll hiring involving movement of::l
curront employee from one cl::lsS to Qnothor where the maximum s::lIQry of
the new position is higher thon thot of the former position.
2-23 Reduction In Work Force - The separation of an emplovee from
emplovment due to the shortaqe of work or funds.
2-24 ResiQnation - Emplovment termination initiated bv the emplovee who
chooses to leave the emplovment voluntarilv.
2-25 Transfer - A movement Movement of an employee from one job class to
another, or one position to another, of comparable class and pay ranqe.
of oquivolent poy.
3 ORGANIZATION
3-1 Personnel Files
The City Administrator or desiqnee shall maintain a separate emplovment file for
each emplovee. Each file shall contain a record of each classification of each
position the emplovee has held with the Citv and shall also contain a record of all
personnel action reqardinq the emplovee includinq examination records,
performance reports. disciplinary proceedinqs, demotions, promotions, salary
chanqes and any other document relevant to City emplovment.
3-2 Job Description
The City will maintain a written description of a iob containinq a title, a statement
of duties, authoritv and responsibilities of the position. The iob description may
include the qualifications deemed necessary and/or desirable for the satisfactory
performance of the duties of the position. These descriptions will normally be
updated periodically as duties or assiqnments chanqe at the discretion of the
Department Head or City Administrator. The City will maintain rocords of
position titlos, clm:sos, compensation by position and/or cl:Jss, job descriptions
for e:Jch class, and other appropriate information.
New positions can be developed as needed but shall be approved by the Council
if! durinq the budgetinq 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
Department Head. It is recognized that jobs may change over time to respond to
the changing needs of the department organization. Job descriptions will be
prep:Jred for each job class. Those descriptions will norm311y be updated
periodicall}' :JS duties or assignments ch:Jnge.
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
the City Administrator or desiqnee Coordinator.
Whenever a job has changed sufficiently so that it c:Jn no longer be describod
3dequately by the existing job description no lonaer fits the description, the City
Coordin:Jtor Administrator or designee shall take appropriate action which could
involve: reclassifying the job to another existing job class; creating a new job
class; updating the job description; restructuring the job to fit an established or
proposed class; or other action as deemed appropriate.
4 APPOINTMENTS
4-1 Equal Employment Opportunity
It is the policy of tho City of Contorvillo to provide equ:J1 opportunity to all porsons
without reg:Jrd to race, color, creed, nation:J1 origin, religion, gender, sm(ual
oriontation, m:Jrilal status, status with regard 10 public :lGsislanco, :Jgo or
dis:lbility. No person sh311 be discriminated ngainst with ref-orence to
employment in any forbidden by 13\'1. See 1-4 above.
4-2 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.
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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 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.
4-3 4.2 Job Posting Appointment j\'uthority (see 4.4)
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.
4-4 4-3 Recruitment And Selection
Pre Employment Medical Exams (see 4.5)
Subd. 1 Recruitment. The City Administrator or desiQnee is responsible to
manaQe the recruitment process to assure compliance with federal and state
laws as well as City of Centerville practices. This includes approvinQ all iob
postinQ. advertisements, placinQ of iob advertisements. addendums to the
application and other recruitment materials, The City Administrator or desiQnee
will meet with the appropriate supervisor to determine the best methods for
recruitinq,
When the City recruits a position externally. the position will be advertised in
selected newspapers, periodicals, newsletters and/or throuQh direct mailinQs,
All appointments shall be made by the City Administrator on the basis of merit and
fitness for the position. Merit and fitness may be determined bv written, oral and/or
other iob-relevant examination, as well as by consideration of education, past
experience and other iob-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/orthe Department
Head shall review all applications and conduct iob-relevant backqround reviews
screeninQ all applications to determine candidate Qualifications. Initial interviews
may be conducted of the applicants whose Qualifications are best-suited for the
position. Any applicant not meetinQ minimum qualifications required for the position
shall be reiected for further consideration.
The City Administrator shall then submit a list of names of eliqible 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 desiqnee at a time and
place established by the same. Upon receipt of the examination results, the City
Administrator or his/her desiqnee shall notify each person takina the examination in
writinq of the results of the examination. Examination scores will be adiusted in
accordance with the provisions of the Veteran's Preference Act where applicable.
Subd. 5 Disqualification of Application. An applicant may be reiected at any
time if the applicant fails to respond at any staqe of the selection process.
4-5 4-4 Appointment Authority
The 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 department heads upon approval of the Council.
4-6 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
Coordinator Administrator that a candidate either is or is not medically able to
perform the job.
The City Coordinator 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.
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4-7 4-6 Temporary Appointments
If necessary to prevent interruption of service or inconvenience to the public, the
Citv 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 endinq
date based on needs of the City, subiect to Council approval. Temporary
appointments will normally be of duration of six months or less. Extension of this
maximum time period may be made on an exception basis if warranted by the
needs of the City and approved by the City Council. Appointees to temporary
positions will not be entitled to benefits.
Tempomry appointments may bo made for 3 spocified poriod of time or may bo
opon ondod. Whon open ondod, tho dopartmont hoad shall dotormine the
on ding d::lto basod on the noods of tho organiz::ltion. Tomporary appointmonts
will normally bo of a dumtion of six (6) months or loss. This m::lximum timo
poriod m::lY bo o)(tondod on an o)(coption basis, subjoct to Council approval.
4-8 4-7 Emplovment of Minors
Employment of minors will be limited to the aqes and conditions as provided by
the federal Fair Labor Standards Act (FLSA) and. where more restrictive, State
Child Labor Leqislation.
4.8 Union Representation
Relations between the City and its employees are ouided by the Public
Employment Labor Relations Act of 1971, as amended. A copy will be made
available for employees upon request. Joininq 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 reqular dues less the cost of benefits of financed throuqh
the dues and available only to members of the union. In no case shall the fee
exceed eiohty-five (85) percent of the reqular dues in accordance with law.
4-9 Training Period Probationary Appointments
Subd. 1. Purpose
The tr::lining poriod probationary period is an integral part of the selection
process and will shall be utilized for observing the 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 a tmining poriod an employee's probationary
period.
Subd. 2. Duration
Probationary periods apply to new hires. transfers. promotions and rehires.
Probationary periodE: generally are for a peried of sil( months. 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 OJ trainee ::Jt any timo, subject to requiremonts of the Votor::Jn's
Preferenco .',ct, whore applicable a probationary employee anytime durinq 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 hearinq for incompetence or misconduct shown after a hearing.
Nothing in this Personnel Policy shall be construed to imply that after completion
of the tr::Jining 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 of the appointinG authority. If a position in that class is not open. the
employee may be placed on leave of absence without pay until such time as an
appropriate position is available.
Subd. 5. Completion of Probation Period the Training Period
A performance evaluation will be completed and reviewed with the employee
before the end of the probationary training period. The department head City
Administrator will notify the Employee Bo::!rd 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 Department Heads and the City Administrator, the Council will
evaluate the employee and determine whether or not to upgrado the employee's
status to that of a regular employee to continue the emplovment relationship.
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 4-9 BackQround InvestiQation
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Upon the request of the City Administrator or desiQnee, 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 or desiQnee must obtain
the consent of the finalists before reQuestinq the data, but an applicant's failure to
provide consent mav disqualify the applicant from the prospective position.
5 EMPLOYMENT STATUS CHANGES
5-1 Reclassification
A recommendation for an individual 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
Council must approve all reclassification recommendations made by department
heads.
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.
5-3 Demotion
An employee Employees may be demoted if found unsuited for the present
position but may be expected to perform satisfactorily in 3 lesser position E
position of havinq a lower pay ranqe. rank or Qrade, and/or lesser responsibility
than previously held. Employees An employee may also be demoted if their
position has been abolished or reclassified to a lowor clClss and tHey 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 necessary to reduce personnel, temporary employees and those serving a
probationary period trClining 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 department head, subject to Council Approval.
The City may layoff any employee whenever such action is made necessary as
provided in the annual budQet by reason of shortaqe or work or funds, the
abolition of a position or because of chances in orQanization. Two weeks
advance written notice of the lay-off shall be Qive. An employee may be
transferred to another position 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 iob performance shall be the basis for
determininq which employees are laid-off unless otherwise required by law.
Employees who haye been laid off will be recalled to their former position
classification in the reverse order of their lay-off.
The suspension and dismissal procedures outlined in "Discipline" of these
policies shall not apply to separation covered by reduction in force.
6 COMPENSATION AND WORK HOURS
6-1 General Policy
All employees of the City wiJj shall be compensated according to tho wagos or
s313rioG ost3blishod to waqe 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.
St3rting Pay
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 Paychecks
Employees will normall,' shall be paid by check on a bi monthly, on altornato
Thursdays, on the day followinq a reqularly scheduled City Council meetinq (the
second and third Thursday of the month. aOO The pay received by an employee
will be exclusively for the hours worked during the pay period plus any holidays,
compensatory time, vacation days, and sick days as applicable.
6-3 Work Hours Periods
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, including rest periods and
excluding lunch breaks periods.
The regularly scheduled work week for part-time non-supervisory employees is
less than forty (40) hours per week, including rest periods and excluding lunch
breaks periods.
6-4 Work Rest Breaks
1 Meal Break - Employees workinq eiqht or more consecutive hours will
be authorized an unpaid meal break. Anv meal period of less then
twenty minutes will not be deducted from the hours an employee
works.
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 earlv.
6-5 Job Sharing
Job sharing will be considered on an individual basis at an employee's request.
Arrangement should be made with the immediate supervisor. Any agreement
between an employee and supervisor is subject to approval by the Council.
6-6 Compensatory Time/Overtime
The City recognizes some employees may be required to work extra hours in
emergency situations and during peak workload periods. The scheduling and
payment of compensatory time or overtime will be in accordance with the
applicable Fair Labor Standards Act and the following:
A. Full-time Employees - Full-time non-exempt employees shall be
compensated for work their supervisor requires them to undertake
in excess of forty hours per week. Hours taken as sick leave,
vacation leave, or holidays are considered hours worked. The
compensation shall be in cash or compensatory time at one and
one-half times their regular rate of pay. Although the employee
generally may choose whether to receive the cash or compensatory
time, the City Administrator may override the employee's choice.
B. Part-time Employees - Part-time non-exempt employees shall be
compensated for work their supervisor requires them to undertake
in excess of eight hours per day. The compensation shall be in
cash or compensatory time at one and one-half times their regular
rate of pay. Although the employee generally may choose whether
to receive the cash or compensatory time, the City Administrator
may override the employee's choice.
C. Exempt Emplovees - Exempt emplovees shall not be qranted
overtime compensation. However, exempt employees also shall
not be denied compensation for any absence of less than one day,
since the emplovee is presumed to work forty hours per week,
some durina the reqular workday, and some outside those hours.
D. Non-Exempt Temporary Emplovees - Non-exempt temporary
employees will be paid overtime for work in excess of forty (40)
hours per week and will not receive or accrue compensatory time.
E. Overtime Authorization - Overtime should be avoided but when it
is necessary the immediate supervisory must give specific approval
prior to its being earned. Pre-authorization may be presumed by
employees in emergency situations such as excess snowfall, flood,
severe storms, water main breaks, lift station malfunctions, or other
similar situations where the immediate response of staff is required
to avert endangerment of life, home or property,
F, Compensatory Time Authorization - Compensatory time should
be avoided but when it is necessary the immediate supervisory
must give specific approval prior to its being earned or used, The
supervisor will normally consider workload and the potential for
service interruptions when deciding whether it is possible to grant
the time off.
G. Compensatory Time Accumulation - The maximum number of
compensatory hours an employee can accrue at any given time is
eighty (80) hours, However, no employee may carryover in excess
of forty (40) of compensatory time from year to year. If an
employee has a balance of more than 40 hours on December 31 of
any year, the employee will be paid in case for any hours over 40,
All compensatory time must be used prior to termination, Holiday
hours will count as time worked for purposes of computing
overtime,
6-7 Outside Employment
Employees must devote all work time to City business, Work time describes the
entire workday as scheduled per department. 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.
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 reimbursed by the
City. Employees who are volunteer firefighters shall:
1 Make up time lost due to emergency calls
2 Use accumulated annual leave, compensatory time, 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.
Any doubtful case or problem should be taken up with the City Administrator if it
may involve a conflict of interest.
6~8 Unauthorized Absences
Employees may not be absent from duty without permission from their
department heads. Any employee absent from duty without leave or permission
will be subject to disciplinary action up to and including dismissal. Unauthorized
absence from work may be considered a resignation without notice and not in
good standing.
7 HOLIDAYS
7-1 General
Regular full-time and part-time employees who hove been employed for more
than thirty d3Ys are eligible for the paid holidays listed in the policy. No
seasonal/temporary employees will receive holiday pay for time not worked.
7 -2 HOLIDAYS
New Year's Day
Martin Luther King's Birthday
President's Day
Memerial Day
Independence Day
Labor Day
Columbus D3Y
Veterans Day
Thanksgiving Day
Fourth Fridav
Christmas Day
Floating Holiday
DATE
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July4
First Monday in September
Second Monday iA October
November 11
Fourth Thursday in November
Fridav after Thanksqivinq
December 25
date approved by Dept.
Subd. 1 Sunday/Saturday 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.
For part-time employees, if a holiday falls on a Sunday, the following day will be
the observed holiday. If a holiday falls on a Friday, the preceding day will be the
observed holiday.
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.
7 -3 Holiday Pay
1. Worked - An employee required to work on a holiday shall be paid or
receive compensatory time at the rate of one and one-half times the
employee's base pay, plus the employee's regular rate of pay for the
holiday.
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
Regular full-time and part-time employees who have worked for the City for at
least six months are eligible to eam accrue vacation leave from the date the
employee is hired.
Paid vacation is not available to temporary, intermittent, or seasonal employees.
8-2 Accrual
Vacation leave 'Nith P3Y will be earned following one ye3r to be taken during the
next year of employment. Full-time employees shall earn vacation leave at the
following rates:
Years of Service
J\fter first 6 months
After one year
4 yrs. or less consecutive service
After the fifth year (5-9)
Vacation Earned
One 'Neek
Two 'Neeks
6.67 hrs. per month
10 hrs. per month
Throe 'Nooks
13.4 hrs. per month
Four VVoeks
16.67 hrs. per month
Five 'Neeks
20 hrs. per month
Six 'Neoks
After the ninth year (10-15)
After 15 years (16-20)
After 20 years until retirement
Employees usinq earned vacation leave shall be considered to be workinq for the
purpose of accumulatinq additional vacation leave.
8-3 Requirements
1. Vacation leave shall not be granted until it is earned.
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. VacQtien le3ve is 3ccrued at tho end of Q cempleted yem of servico
to be usod during the following Y03r.
4. In the event of termination, all earned vacation will be paid at the
employee's regular rate of pay.
5. Use of accrued vacation must be approved by the employee's
supervisor in advance of scheduled dates. Consideration will be
given to operational issues and staffing needs when reviewing
employee requests.
6. 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 supervisor.
7. Up to a maximum of one week of accrued vacation may be carried
over to the next year. Any vacation accrual above the one-week as
of the employee's anniversary date will be forfeited. Exceptions
may be considered under special circumstances but must be
approved by the City Council.
8. Vacation may be taken in increments of one hour or more.
9. 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.
10. 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 and part-time employees who have worked for the City for at
least six months are eligible to earn sick leave from the date the employee is
hired.
Paid sick leave is not available to temporary, intermittent, or seasonal
employees. 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 What 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 may
require confirmation of the necessity of attending the family
member by the physician.
9-2 Accrual
Amount. All reqular employees who reqularly work 30 or more hours per week
shall be entitled to sick leaye with pay. This leaye shall accrue at the rate of one
day for each calendar month of full-time service or maior fraction thereof. An
employee may accumulate no more than 120 days or 960 hours. Any additional
accumulation of sick leave will be banked fDr emergencies only. Emergencies
are defined as extendod illnesses lasting moFO than 120 sick days. In this C3SO,
the employee m3Y use the banked sick leave 3iter the 120 days has p3St.
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, and upon leavinq in qood standinq. half of the
employee's accrued sick leave will NG+ be paid to the employee.
Unionized ees get Y, upon leaving in good standing.
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 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.
Sib converted to vacation; ee should not be penalized for not using sick
leave. PTO ?
Annual Leave. (Proposal)
Each regular, full-time City employee shall earn annual leave at a bi-weekly rate
which will total the following amount of annual leave:
Employees with 0 through 4 years City employment
year
Employees with 5 through 9 years City employment
year
Employees with 10 - 15 years City employment
year
Employees with 16+ years City employment
year
144 hours per
192 hours per
208 hours per
248 hours per
Each regular, part-time employee shall receive annual leave in proportion to
the number of hours he/she works per pay period, in accordance with the above
schedule.
Except in the case of injury or illness, annual leave may only be taken upon
approval of the employee's supervisor, which approval shall not be unreasonably
withheld. Such approval shall consider City service needs. Except in the case of
injury or illness or the employee or his/her spouse or minor child, no annual leave
shall be granted until the employee has completed one thousand forty (1,040)
hours of work.
Annual leave earned shall be accrued and the total number of earned
annual leave hours shall be provided to the employee each pay period. Annual
leave with pay may not be taken unless it has been earned. Except in the case of
injury or illness, no employee shall be allowed to take more than 160 consecutive
hours of annual leave at one time.
Employees who terminate employment with the City and have annual leave
time remaining shall be paid for their accrued annual leave, provided they have
completed at least one thousand forty (1 ,040) hours of employment.
An employee who uses annual leave for illness or injury may be required to
present evidence that he/she is again able to perform all the duties of his/her job
description.
Annual leave must be taken in increments of no less than one (1) hour.
Except as provided for employees converting to annual leave; no employee may
carry over more than two hundred forty (240) hours of accumulated annual leave
from one year to the next. In the event that an employee has in excess of two
hundred forty (240) accumulated hours of annual leave after December 31 of any
year, the employee's accrued annual leave shall be reduced to two hundred forty
(240) hours.
Employees who converted to annual leave and who, from vacation and sick
leave, exceed the maximum carry-over limitation, may carry over, as a maximum,
the same number of hours to which their accumulated vacation and sick leaves
converted. However, should an employee's accrued annual leave exceed this
maximum after December 31 of any year, the employee's accrued annual leave
shall be reduced to the maximum as computed herein.
Once per year, on either the first pay period after April 1 or the first pay
period after October 1, any employee who has completed at least seven (7) years
of service with the City may exchange up to twenty-four (24) hours of accumulated
annual leave for payment equal to twenty-four (24) hours of pay at his/her current
rate. Any employee who has completed at least fifteen (15) years of service with
the City may exchange up to forty (40) hours accumulated annual leave for
payment equal to forty (40) hours of pay at his/her existing rate.
In addition to the foregoing, any employee who converted vacation and sick
leave to annual leave and who exceeds the maximum carry-over limitation of two
hundred forty (240) hours, may exchange up to an additional forty (40) hours of pay
per year at his/her existing rate for that accumulated leave in excess of two
hundred forty (240) hours. Should an employee elect to exchange such additional
leave, as hereinbefore provided, that additional exchange shall reduce the
employee's maximum hours by the same number of hours exchanged for pay.
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.
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, vacation leave or compensatory time,
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 donated sick leave only after
the employee's accrued sick leave, compensatory time 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 WITHOUT PAY OF ABSENCE
10-1 General
A department head may authorize an unpaid leave without p3y of absence
for up to ten (10) days. Unpaid leave '1lithout P3Y of absence for greater
periods must be authorized by the City Council.
10-2 Effect on Benefits
No employee benefits will be earned by an employee while on unpaid
leave without pay of absence and an employee will not accrue or be paid
holiday pay, vacation or sick leave while on leave without pay of absence.
Leave without pay 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 ernployee's performance, length of service and the
general interest of the City.
a.) Medical Leave.
1. A regular employee who has completed the initial
training period and is unable to work because of
illness or injury and who has exhausted all accrued
sick leave Gfe€Iit may, upon request, be granted a
medical leave of absence without pay up to six (6)
months. The City, at its discretion, rnay renew such
leave.
2. All requests for medical leaves, and for renewal of
such leave, rnust be accompanied by a doctor's
certificate verifying the existence of the illness, injury
or disability for which rnedicalleave is requested
with the expected duration of the absence.
3. 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
ernployee 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.
4. The City will continue to pay the employer's
portion of health insurance premiums during an
approved medical leave for up to six @ months.
-,
Arrangements should be made by the employee to
pay the employee's portion during the leave.
10-4 Return from Leave .....ithout Pay of Absence.
Employees receiving Icovo 'Nithout poy 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. Employees receiving leave
'.IIithout pay 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 department head.
Employees will not accrue seniority during the period(s) of 103'.'0 without
f*iY unpaid leave of absence.
11 OTHER LEAVES OF ABSENCE
11.1 Military Leave
Minnesota Statutes, Sections 192.26 and 192.261 provide that an
employee of afl municipality wAe 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 metal 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
f 15} day period allowed for the paid leave of absence.
Notice will be given to the City at least fifteen f.1ill working days in
advance of the requested leave. Notice may be waived under certain
circumstances.
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 f.1ill 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.
I.
Returning reseNists 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 Court leave JUry Duty
Regular employees may be absent with pay when seNing jury duty or
when subpoenaed as a witness in court or voluntarily seNing 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 parkinq reimbursement. If the
jury duty compensation exceeds the regular salary rate, the ho or she
emplovee may keep the difference.
11.3 Funeralleave
Paid time off may be granted, up to a maximum of three .Q2 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.
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
An employee who works twentv (20) or more hours a week and has been
employed more than one year is entitled to take an unpaid leave of
absence in connection with the birth or adoption of achild. Parental leave
may not exceed six @l weeks after the birth or adoption of the child.
Employees are not required to use sick leave during parental leave but
may use sick leave at their option for any period of this leave they are
unable to work due to medical reasons.
The employee is entitled to return to work in the same position and at the
same rate of pay the employee was receiving prior to commencement of
the leave. Group insurance coverage will remain in effect during the
leave.
12 INSURANCE PLANS
12.1 Worker's Compensation
Employees, as defined by the Minnesota Worker's Compensation Act, are
covered by Worker's Compensation Insurance.
a) Any employee injured on the job and covered by Worker's
Compensation Insurance will be paid for the remainder of the day in
which the injury occurs.
b) Any employee covered by Worker's Compensation who is injured
on the job and is subsequently off work for three .Ql consecutive
days because of the injury will earn worker's Compensation
benefits.
c) For purposes of this subsection, the definition of an employee also
includes all officers of the City, elected and appointed for a regular
term of office or to complete an expired portion of a regular term.
d) All work-related injuries must be reported to the employee's
supervisor immediately, no matter how minor the injury is
considered bv the emplovee.
12.2 Health Insurance
Upon proper application and subject to any required premiums, all regular
full time employees may elect 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.
d) The City will pay one-half (1/2) of the cost of the City's
health insurance premium for all part-time employees.
12.3 Dentallnsurance
Upon proper application and subject to any required premiums, all regular
full-time employees may elect to be covered by the City's dental insurance
plan. Subject to payment of any required premiums, an employee's
dependents may also be covered,
13 EMPLOYEE TRAININGITRAVEL
13.1 General Policv - Trainina
Employees are encouraged to take advantage of training opportunities to
help them improve the performance of their present work assignments and
to prepare them for future assignments.
This may include seminars, lectures, workshops, and tuition-assisted
course work at accredited institutions. Cost, staffing issues, need benefit
to the City, and other appropriate issues will be considered by the
supervisor 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 may 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. Other documentation will be
specified by the City Council.
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.
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-
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) Parkinq 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 EMPLOYEE RECORDS AND PERFORMANCE APPRAISAL
14.1 Employee Records
Records containing information pertinent to employment will be
maintained for all employees and will be available at any time for their. own
review in accordance with the Minnesota Government Data Practices Act.
Information is used to administer employee salary and benefit programs,
process payroll, complete state and federal reports, record performance,
etc.
No piece of information is retained unless required for a specific purpose.
Employees who have the right to know exactly what date is retained,
where itis kept, and how itisused. <- (What does this mean?) All
employees' data will be received, retained and disseminated according to
the Minnesota Government Data Practices Act.
14.2 Employee Performance Appraisal
Employees will normally have their performance evaluated at least once
during the training period and annually 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.
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 Reportinq
Worker's Compensation benefits and OSHA Uob safety laws) require that
311 on tho employees involved in job-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.
15.3 Exposure to Hazardous Substances/Infectious Aaents
Any employee routinely exposed to hazardous substances or infectious
agents as defined in the Minnesota Employee Right to Know Act of 1983
(Laws 1983, Ch. 316, Minn, Stat, 182.65 - 182.675) will be trained before
being assigned or reassigned to work which exposes the employee to
such substances or agents, and shall be given training annually thereafter.
Training shall include an explanation of how and where information about
hazards is stored in the workplace, how the hazards are labeled, and
where to obtain specific information.
The department head shall provide for such training and for compliance
with the "Minnesota Employee Right to Know of 1983", including the
establishment of specific policies to ensure compliance with the state law
and regulations. An employee acting in good faith has the right to refuse
to work under conditions which the employee reasonable believes
present an eminent danger of death or serious physical harm to the
employee.
Employees, who are trained in first aid and required by the City to provide
medical assistance as part of their job, will receive training in preventing or
limiting exposure and in the use of protective equipment and/or clothing.
All employee exposure to blood and/or bodily fluids shall be reported
immediately to the employee's supervisor.
Exposure incidents should be documented and reviewed to determine
whether adequate safety measures were taken and whether additional
training or changes in procedures are necessary. An Exposure Control
Plan will be developed and followed for affected departments.
Hepatitis B vaccinations will be offered to any employee who has been
exposed to blood or potentially infectious materials.
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 Obiective
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.
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 fair discipline with full-
time regular employees. There may be circumstances that warrant
deviation from the suggested order or where progressive discipline is not
appropriate of the disciplinarv process. The normal process is as follows:
A. Oral Warninq. 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 WarninQ. 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 norrnally
describe actions taken by the supervisor to correct the
problern, 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,
with a copy to keep. and a COpy for their records. A
Another copy of the written documont warninQ shall be
placed in the employee's personnel file.
Written warnings are more serious than oral warnings and
normally follow eFaI verbal warnings and normally follow
eFaI 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 the GFal-verbal or
written warnings, or both.
C. Written Waminq. The employee will nqrmally 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.
An employee may be suspended pending an investigation of
an allegation, If the allegation is proven false after tAe 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 of five ilil or more days, or any second
suspension for the same individual, the City Council shall
review the reasons for the suspension and upon review, will
make a recommendation as to the future status of the
employee and his/her continued employment with the City.
D. Dismissal.
The City Council may dismiss any employee following a five
(5) day suspension. The dismissal notice shall be in writing
and shall contain the reason for dismissal.
17.3 Reasons for Dismissal
Subject to state law on Veteran's Preference and Minn. Stat. Sections
181.931 - 181.935, the City Council may dismiss an employee for
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 0 Centerville is committed to providing a worki.!J.g 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 and elected officials.
+Re 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.
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.
In summary, sexual harassment is the unwanted, unwelcome and repeated
action of an individual against another individual, using sexual overtones as a
means of creating stress and a hostile workinq environment.
18.3
Expectations
L-__
The City of CenteNille 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. 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.
An employee who believes he or she has been harassed by a co-worker,
supeNisor, 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
supeNisor or in the alternative to the city administrator. city attorney,
mayor or a councilmomber.
SupeNisors should immediately report any incidents of sexual harassment
to the city coordinator administrator. If the city administrator is
unavailable, supeNisors should report the incident immediately to the
mayor or a councilmember. The city ooordinator administrator (or mayor
or council member) will investigate such claims and take appropriate
action.
In addition to notifying one of the above person and stating reportinq 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 conseNation.
b. Document the occurrences of harassment.
c. Submit the documented complaints to your
supeNisor, the city coordinator administrator,
mayor or councilmember. It is required that the
complaint is in writinq.
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 always possible in all cases of sexual harassment as the
accused has the right to answer charges made against them, particularly if
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.
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 above City's drua and alcohol policy and must report any
conviction under a criminal drug statue for violations occurring on or
off the work premises while conducting City business. A report of
the conviction must be made within five @ 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 his or her anticipated leaving. The resignation must state the effective
date of the resignation and the reason for leaving.
The department head may waive the notice requirement if it is determined to be
in the best interest of the City. Failure to comply with this procedure may be
considered cause for denying future employment with the City and denying
severance pay.
22 AFFIRMATIVE ACTION POLICY AND PLAN
22.1 Policv
The City of Centerville will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, ancestry,
national origin, 5e*- aender, disability, age, marital status or status with
regard to public assistance.
The City of Centerville will take affirmative action to ensure that all
employment practices are free of such discrimination. Such employment
practices include, but are not limited to the following: hiring, including all
phases of the selection process, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, disciplinary action,
termination, rate!> of P3Y salary or other forms of compensation and
selection for training.
The City prohibits the harassment of any employee or job applicant on the
basis of their protected class status. The City will commit the necessary
time and resources, both financial and human, to achieve the goals of
Affirmative Action.
The City will evaluate the performance of its management and supervisory
personnel on the basis of their involvement in achieving these Affirmative
Action objectives as well as other established criteria.
Any employee of this organization who does not comply with the policies
and procedures set forth in this policy and plan will be subject to
disciplinary action.
Any subcontractor not complying with all applicable Equal Employment
Opportunity/Affirmative Action laws, directives and regulations of the
federal and state governing bodies or agencies thereof, will be subject to
appropriate legal sanctions.
The City Coordinator Administrator will have the authority and
responsibility to enforce this policy and plan and is the designated
Affirmative Action Coordinator. The City Coordinator Administrator
responsibilities will include monitoring all Affirmative Action activities and
reporting the effectiveness of this Program, as required by federal or state
agencies.
If any employee or applicant for employment believes he or she has been
discriminated against, the City encourages them to contact the Affirmative
Action Coordinator.
22.2 Plan
The City of Centerville takes the following steps to ensure all employment
practices are free of discrimination:
1. Adoption of this Affirmative Action Plan.
2. Distribute this policy and plan to all City employees.
3. Make a good faith effort to attract qualified protected
class applicants to fill vacancies due to staff
expansion or turnover.
4. Use an objective job-related hiring process when
filling positions.
5. Prepare and adopt written job descriptions and
update them periodically.
6. Advertise job openings in locations and publications
which attempt to reach members of the protected
classes.
7. Provide information to employees and applicants as
to their rights under the provisions of the Civil Rights
Act of 1964 as amended, the Minnesota Human
Rights Act, and other state and federal laws as
applicable.
8. Receive and investigate complaints of alleged acts
of discrimination by the City of Centerville.
23 CODE OF CONDUCT AND ETHICS
23.1 Purpose
The City Council of the City of Centerville requires all elected official~
officors , board and commission members and 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.
23.2 Conflicts of Interest
No member of the City Council, officer or 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 member of the City Council who has an interest in any proposed
legislative action of the City Council shall disclose on the record of the City
Council meetinq the nature and extent of such interest.
Any other officer or 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
meetinq the nature and extent of such an interest.
No Councilmember, officer or 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;
2. if it is sold by a sealed bid process and the officer or
employee has the highest responsible bid. The officer
as employee who buys the property must not be
involved in the auction or sealed bid process.
No member of the City Council, officer or 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.
23.3 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.
23.4 Renderina 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.
23.5 Use and Safeauardina of City Property
No member of the City Council, commission or board, official or employee
shall use or permit the use of City owned vehicles, equipment, tools,
machinery, materials, or other property per personal conveniences or
profit unless the use is available to the public generally or is provided as a
municipal policy for the use of such public official or employee in the
conduct of official business. City employees shall not store personal
property on City property or in City facilities for more than 30 consecutive
days.
All elected officials and 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.
23.6 Disclosure of Confidential Information
No elected official or 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 information concerning the property, government or
affairs of the City of Centerville, or use such information to advance the
financial or other private interest of the elected official or employee or
anyone else authorized to act on the behalf of the City.
No elected official or City employee who has custody of or access to any
personnel files or other information which may be considered confidential
by Minnesota law shall use or release such information without proper
authority.
23.7 Political Activities
Political activities which are not in violation of state and federal laws are
generally permitted.
The following political activities that are prohibited for City employees and
elected officials:
1. elected official or City employee may use any
official authority or influence for the purpose of
affecting the result of an election nor may funds be
solicited or contributions received from other
employees for political purposes.
2. No campaign materials, pamphlets of buttons may
be displayed on City vehicles, City property or by
an individual on the work site.
23.8 Advisory Opinions
Where any elected official or City employee has a doubt as to the
applicability of any provision of this ordinance to a particular situation, or
as to the definition of terms used herein, that person may apply to the City
Attorney for any advisory opinion.
In any matter where an elected official or City employee has sought an
advisory opinion from the City Attorney and the elected official or City
employee is subsequently prosecuted for a v8iolation of this ordinance for
an action which conformed to the City Attorney's opinion, the case shall be
referred to the Anoka County Attorney's office.
23.9 Penalties
Any elected official or City employee who is convicted in a court of law of
willfully violating provisions of this ordinance shall be guilty of a
misdemeanor, punishable accordinq to the Minnesota Statutes ef-a
monetary fine not to exceed $700 or incarceration in jail for a period f-or a
period not to mmeed 90 days and be subject to disciplinary proceedings
before the City Council which may result in termination. dismissal of that
person from his or her position.
24 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.
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:
. Tub 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 department head will be responsible for determining if attire is appropriate.
Employees who have questions concerning appropriate work attire should direct
them to their immediate supervisor.
24.1 Casual Fridays. Fridays are desiqnated as "casual day" in City Hall on
these days nice ieans. City loqo t-shirts. City loqo sweatshirts and knee-Ienqth
walkinq 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 dav".
25 ELECTRONIC MEDIA USAGE POLICY
The City of Centerville's electronic media usaqe policy is desiqned to provide
clear quidelines to City of Centerville employees reqardinq access to. and
disclosure of. computer. network. telephone and facsimile systems. Employees
increasinqly use and exploit electronic forms of communication and information
exchanqe. 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 encouraqes 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 Citv 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 privileqe, not a riqht. and may be revoked at any time for unacceptable
use.
With the rapidly chanqinq nature of electronic media, and the "netiquette" which
is developinq amonq users of external on-line services and the Internet, this
policy cannot lay down rules to cover every possible situation. Instead, it
expresses the City's philosophy and sets forth qeneral principles to be applied to
use of electronic media. data. and services.
The followinq procedures apply to all electronic media, data, and services, which
are:
1. Accessed on or from City premises
2. Accessed usinq City computer equipment, or via City-paid access methods
3. Used in a manner which identifies the individual with the City
25-1 Authorization
An employee must siqn a statement acknowledqinq that they have read.
understand. and aqree to comply with this policy. No employee will be
authorized to use electronic media or services until they have siqned the
appropriate statement and returned it to the Personnel Office.
25-2 Inappropriate Material
Electronic media may not be used for knowinqly transmittinq, retrievinq or
storaqe of any communications of a discriminatory or harassinq nature. or which
are deroqatory to any individual or qroup, or which are obscene or sexually
explicit, or are of a defamatory or threateninq nature. or for "chain letters," or for
any other purpose which is illeqal or aqainst City policy or detrimental to the
City's reputation. Electronic media may not be used for personal use relatinq to
political. reliqious, or personal financial profit.
25-3 Personal Use Limitations
Electronic media and services are primarily for City business use. limited,
occasional or incidental use of electronic media (sendinq or receivinq) 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 privileqe. Such personal use must not consume larqe amounts of City
resources. Employees usinq electronic media and services for personal use
waive any claims to privacy reqardinq that usaqe. Any costs incurred by the City
due to personal use (such as printinq costs, per-minute Internet fees or cellular
phone charqes) must be paid by the employee. Excessive personal use will be
determined bv the individual employee's supervisor. and may subiect the
employee to disciplinary action.
25-4 Individual Privacv
The Citv also reserves the riqht. in its discretion, to reyiew any employee's
electronic files. messaqes and usaqe to the extent necessary to ensure that
electronic media and services are beinq used in compliance with the law and with
this and other City policies. Employees should therefore not assume electronic
communications are totally private and confidential and should transmit hiqhly
sensitiye 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 manaqement.
25-5 CopvriClhts
Anyone obtaininq electronic access to other companies' or individuals' materials
must respect all copyriqhts and may not copy. retrieve. modify or forward
copyriqhted materials except as permitted by the copyriqht owner. Also. network
users shall not delete. examine. COpy or modify files and/or data belonqinq to
other users. without their prior consent.
25-6 Passwords/Securitv
The City Administrator and Department Heads reserve the riqht to override
passwords and codes at any time. If any of those people request the employee's
password(s). then the password(s) must be disclosed. If passwords are
requested. the passwords will be kept in a safe place. 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 riqhtfully enterinq the network or any other messaqinq 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 (includinq facsimile messaqes)
may be sent which attempt to hide the identity of the sender. or represent the
sender as someone else or from another orqanization. Employees are
responsible for all electronic messaqes oriqinatinq from a computer operatinq
under his/her password.
25-7 Excessive UsaCle
,
Electronic media and services should not be used in a manner that is likely to
cause network conqestion or siGnificantly hamper the ability of other people to
access and use the system. Continued impedance of other users throuqh mass
consumption of system resources, after receipt of a request to cease such
activity, is prohibited. The willful or careless introduction of proqrams known as
computer viruses, Troian Horses and worms into the Citv's network or into any
external networks or computers can cause such excessive computer usaqe or
even damaQe a system and so would be a violation of this policy.
25-8 Questions Reaardina Policy
City employees who have concerns or are uncertain about ethical. leGal or
security issues reqardinq 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 responsibilitv of the City Administrator is to insure the inteQritv 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.
25.9 Policv Violations
The City Administrator and/or an employee's direct supervisor, or their desiqnees
will review alleqed violations of this city policy on a case-by-case basis. The City
Attornev mav be consulted for technical assistance in investiqatinq a complaint.
Clear violations of the policy which are not promptlv remedied may result in the
expulsion of the offendinq emplovee from the City's network services in addition
to disciplinary action, and consistent with the Personnel Policv or appropriate
barQaininQ unit aQreement.
26 NON-DISCRIMINATION POLICY
That the City and all employees thereof are subiect to a policv of non-
discrimination on the basis of race, color. aQe, creed, reliqion, national oriqin. sex,
marital status, sexual orientation, status with reQard to public assistance or
disability,
27 SAVINGS CLAUSE
This policv is subiect 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 iurisdiction from whose final iudqment 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.
Passed this the day of 2002.
. Mayor
Attest:
. City Administrator
.
Adopted: February 6, 1996
Revised: June 25, 1996
Revised: July 16, 1996
Revised: November 16, 1999
Revised: February 1,2000
CITY OF BLUE EARTH
PERSONNEL POLICY
.
TABLE OF CONTENTS
Article Topic Page
1. Purpose I
2. Scope 1
3. Definitions 2
4. Appointments 3
5. Probationary Period 5
6. Benefits 6
7. Work Hours 9
8. Compensation 9
9. Employee Records 10
10. Assignment of Work 11
II. Leaves of Absence 11
]2. Sexual Harassment 13
13. Drug-Free Workplace 15
14. Work Rules/
Code of Conduct ]6
]5. Safety 17
]6. Smoking ]8
] 7. Discipline 18
18. Resignations 20
]9. Grievances 20
20. Layoffs 20
21. Authority 20
Appendix A Benefits 2]
,
Article 1. - Purpose
The purpose ofthese policies is to establish a W1ifbrm and equitable system of personnel
administration for the employees of the City of Blue Earth. Public employees have a high
degree of visibility to the general public and therefore must exercise their duties with
particular care and caution to insure prompt, efficient, high quality services to the public.
These policies may be amended any time at the sole discretion of the City.
Article 2. - Scope
A. Except as otherwise specifically provided, these policies apply to all employees of the
City except:
I.
2.
3.
4.
5.
6.
Elected Officials
Contracted Consultants such as City Attorney, City Engineer, Building
Inspector, Airport Manager, and Health Officer
Members of City Boards, Commissions and Committees
Volunteer firefighters and other volunteer personnel
Employees of Blue Earth Light and Water
Emergency employees
B. All employees covered by a collective bargaining agreement entered into in
accordance with the Public Employers Labor Relations Act, Minnesota Statutes S 179.61
- 179.77, and S 179A.OI - 179A.25 shall be exempt from any of these provisions which
directly conflict with the language in the bargaining agreement.
C. Nothing in these policies is intended to modifY or supersede any applicable provision
of State Law, Federal Law, or City Charter. Where applicable State or Federal Law, or
City Charter provisions come into conflict with the Personnel Policies, the provisions in
the applicable law or the Charter will be deemed to be the controlling documents.
D. Any provisions contained in contracts between the City, City Administrator, and the
Economic Development Director shall be exempt from any of these provisions which are
in direct conflict.
E. Any policy contained herein which does not conflict with labor agreements and
provisions specified above shall remain in force and effect and shall continue to govern
the actions of all employees.
Article 3. - Definitions
For purposes of these rules, the following definitions shall apply:
APPOINTING AUTHORITY - The individual(s) with authority to make hiring
decisions. At the City of Blue Earth this shall mean the City Councilor the City
COW1cil's designee.
BENEFITS - Privileges granted to an employee in the form ofleaves of absence,
insurance, or pay received in lieu of accrued leave upon termination of employment.
BENEFIT-EARNING STATUS - Status where employees are eligible for at least a pro-
rated portion of employer provided benefits. Employees must be year-round employees
working thirty (30) or more hours per week on a regular basis.
CITY ADMINISTRATOR - The City Administrator ofthe City of Blue Earth.
COUNCIL - The City Council of the City of Blue Earth.
EXEMPT EMPLOYEE - Employees not covered by the Fair Labor Standards Act.
FISCAL YEAR - The period from January 1 to December 31.
FULL-TIME EMPLOYEE - Employees regularly scheduled to work 40 or more hours
per week on a year-round basis.
NON-EXEMPT EMPLOYEE - Employees covered by the Fair Labor Standards Act.
PART-TIME EMPLOYEE - Employees who are scheduled to work less than forty (40)
hours per week on a year-round basis.
PAY PERIOD - A two-week period begiuning at 12:01 a.m. Sunday through 12:00
midnight Saturday, two weeks later.
PROBATIONARY PERIOD - The first six-months of employment with the City or the
first six months in a new position for a regular City employee. This period is designated
as a probationary period and is considered the last part ofthe selection process.
PROMOTION - Movement of an employee from one job class to another within the
City, where the maximum salary for the new position is higher than that of the former
position.
REGULAR EMPLOYEE - An employee who has successfully completed all stages of
the selection process including the probationary period.
SEASONAL EMPLOYEE - An employee who works only part of the year to assist in
temporary, seasonal work such as lifeguarding, snow plowing, mowing, etc.
TEMPORARY APPOINTMENT - Appointment to a City position on a temporary
basis where no benefit-eligibility exists and no credit is given for seniority.
TRANSFER - Movement of an employee from one job class to another, or one position
to another, of equivalent pay.
Article 4. - Appointments
4.1 General
All appointments to municipal positions shall be made by the appointing authority, or
their designee(s) upon recommendation ofthe City Administrator (or upon the
recommendation ofthe Police Commission in the case ofthe Police Department, or upon
the recommendation of the Economic Development Authority in the case of the
Economic Development Director Authority employees, or upon the recommendation of
the Library Board in the case ofthe Library). (Revised 1llI6/99) All appointments shall
be based upon merit and fitness for the position, free from personal and political
considerations. When required by law or by Council, merit or fitness shall be determined
by written, oral or other examinations designed to evaluate the ability of the candidate to
successfully perform in the position for which the examination is held.
4.2 Non-discrimination
It is the policy of the City of Blue Earth to provide equal opportunity to all persons
without regard to race, color, creed, national origin, religion, gender, sexual orientation,
marital status, status with regard to public assistance, age or disability. No person shall
be discriminated against with reference to employment in any forbidden by law. It is the
responsibility of all department heads and supervisors to insure implementation of this
policy.
4.3 Temporary Appointments
If necessary to prevent interruption of service or inconvenience to the public, the
Appointing Authority (or its designee) may make 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 ofthe City, subject to Council approval. Temporary appointments will
normally be of a duration of six months or less. Extension of this maximum time period
may be made on an exception basis if warranted by the needs of the City and approved by
the City Council.
4.4 Pre-Employment Medical Examinations
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 ofthe medical
exam. The physician conducting the exam shall be provided with a description of the
duties and responsibilities an 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 yonfidential medical
records. The exam shall be conducted by a licensed physician designated by the
employer. The cost of the exam shall be paid by the City. 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 oftheir examination. If
a candidate is rej ected for employment based on the results, he or she shall be notified of
this determination and may request further explanation from the physician.
4.5 Duration of Employment
Except as restricted by statute, Charter, contract or bargaining unit agreement, the City
may dismiss an employee at any time in accordance with the policies described herein.
Subject to Article 18, an employee may terminate City employment at any time.
4.6 Residency Reqnirements
A. The City Council has a duty insofar as possible, to protect the health, safety, welfare
and property of City residents. To fulfill this duty, it may be necessary to recall certain
City employees in times of disasters or emergencies. To ensure prompt response to such
situations, certain employees are required to reside within a reasonable area.
B. Based on demonstrated necessity, employees defined as "essential" in state law must
reside within ten minutes of their principal work headquarters. In determining if a place
of residence is within the ten minute requirement, all traffic laws must be obeyed.
C. Employees who are not considered "essential" by statute but who fall into the group
of applicable job classes listed below, must reside within ten minutes of their principal
work headquarters.
D. Applicable job classes: City Administrator
Police Chief and Police Department personnel
Civil Defense Director
Public Works Supervisor
Public Works Department personnel
E. Employees hired prior to the effective date ofthis policy, who reside outside of this
area may continue to do so, provided that ifthe employee changes residence in the future,
this article will be applicable. New employees will have up to one year to comply with
this requirement after assuming City employment. The one year time limit may be
waived under extenuating circumstances upon Council approval.
4.7 Union Representation
Relations between the City and its employees are guided by the Public Employment
Labor Relations Act of1971, 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 ofregular 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.
Article 5
Probationary Period
5.1 Purpose
The probationary period is an integral part of the selection process and shall be utilized
for observing the employee's work and for training the employee in the work
expectations. Probationary periods shall be no longer than six months (1,040 hours).
5.2 Termination During the Probationary Period
The City Council, or the City Administrator with approval of the City Council, may
terminate a probationary employee anytime during the 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 for incompetence or misconduct shown after a hearing.
5.3 Application
Probationary periods apply to new hires, transfers, promotions and rehires. 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 of the appointing authority. If a position in that class is not
open, the employee may be placed on leave of absence without pay until such time as an
appropriate position is available.
5.4 Completion
An employee who has completed the probationary period and who has not received,
before the completion of that period, a written notice from the Administrator or City
Council that his or her services are terminated shall be considered to have successfully
completed the probationary period and attained the status of a regular employee. Once the
final decision is made on the continuation of a probationary employee, the employee shall
be credited with seniority dating from the first day of continuous employment with the
City. The City Administrator shall maintain a seniority list. When all other
considerations are equal, the principle of seniority shall apply in layoffs and recall from
layoff.
Article 6
Benefits
Benefits for the City of Blue Earth are set forth and described below.
6.1 Health and Life Insurance (Refer to Appendix A).
6.2 Vacation
A. Vacation leave maybe used as earned, subject to the approval of the department head
and the City Administrator. Vacation for non-police personnel is accrued as follows:
Years of Service
at least: 0 - 4
5-9
10 - 14
15 - 19
20+
Vacation Hours Earned Annually
80
96
120
144
168
B. Vacation for police department personnel is accrued as follows:
Years of Service
at least 0 - 4
5-9
10 - 14
15 - 19
20+
Vacation Hours Earned Annually
112
128
168
192
224
C. Regular and probationary employees who work on a year-round basis an average of
thirty (30) hours per week or more, are eligible to earn vacation benefits. Employees who
work from thirty (30) to thirty-nine (39) hours per week will receive a pro-rated share
based on hours worked.
D. Normally requests for vacation should be received at least forty-eight (48) hours in
advance of the requested time off. This notice may be waived at the discretion of the
department head and the City Administrator. Vacation can be requested in increments as
small as one hour up to the total amount of the accrued leave balance. Vacation leave is
to be used only by the employee who accumulated it. It cannot be given away or traded.
E. Employees may accrue vacation leave up to a maximum of one-and-a-half (1-1/2)
times their annual accrual rate. No vacation will be allowed to accrue in excess of this
amount without the recommendation of the City Administrator and approval by the City
Council. Vacation cannot be converted into cash payments except at termination.
6.3 Termination
Employees leaving City employment shall be compensated at their current regular rate of
pay for all hours of vacation accrued and unused as of the date of separation.
6.4 Sick Leave
A. Sick leave is accrued at the rate of eight hours per month, up to 800 hours. Sick leave
shall be granted only for absences due to illness, disability, exposure to contagious
disease (where such exposure would endanger the health of others the employee comes
into contact with), or the necessity of medical, dental or chiropractic care of the
employee, the employee's spouse or children. Regular and probationary employees who
work on a year-round basis at thirty (30) hours per week or more, are eligible to earn sick
leave benefits at the above listed rate. Employees who work thirty (30) to thirty-nine (39)
will receive a pro-rated share based on hours worked.
B. To be eligible for sick leave with pay, an employee shall:
I. Report as soon as possible to his/her department head and/or the City
Administrator the reason for their absence;
2. Keep his or her department head informed of their condition if the absence
is of more than three (3) days in duration;
3. Submit a medical certificate for any absence, if required by the City
Administrator.
C. Sick leave may be used only by the employee who accrued it. It may not be given
away or traded.
D. Sick leave may be accumulated up to 800 hours and may be granted in increments
from one (I) hour up to the total number of hours accumulated.
E. Once a non-union employee accrues 800 hours of sick leave and does not use any sick
leave in the next six (6) months helshe shall receive eight hours to be used in the same
manner as vacation. (Revised February I, 2000, effective retroactively to January I, 2000
for calculation purposes).
F. Using or claiming sick leave for a purpose not authorized in this section shall be cause
for disciplinary action.
6.5 Holidays
A. Employees of the City are eligible for paid time off according to the following holiday
schedule:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
B. If a holiday falls on a Saturday, the preceding Friday will be the observed holiday. If
the holiday falls on a Sunday, the following Monday will be the observed holiday.
C. Benefit earning, non-exempt employees, excluding police personnel, (Revised
6/25/96) who are required to work on the actual legal holiday shall be paid at one and
one-half times their regular rate of pay for all hours worked plus holiday pay. At the
City's discretion, compensatory time may be substituted in lieu of overtime pay
(eligibility is defined as having worked regularly thirty (30) or more hours per week on a
year-round basis).
D. Police employees do not receive overtime pay for working on holidays. They
(Revised 6/25/96) will receive 80 hours times their regular rate as holiday pay at the first
paycheck in December.
6.6 Reimbursement for Continuing Education Costs
The City shall pay necessary and reasonable expenses incurred by employees who attend
training session or conferences. These training sessions must be approved by the City
Administrator prior to attendance. The training must be of bene fit to the employee in
their position within the City.
6.7 Applicability
Sick leave benefits accrue and are available to both regular and probationary employees.
Vacation leave accrues from the date the employee is hired, but may not be used until the
employee has successfully completed the six-month probationary period. In the event of
termination, all accrued vacation will be paid at the employee's regular rate of pay.
Article 7
Work Hours
7.1 Work Hours
Work schedules for personnel shall be established by the City Administrator with the
approval of the Council. The regular work week for employees is five eight-hour days iu
addition to a lunch period (police personnel may vary), Monday through Friday, except as
otherwise established by the City Administrator in accordance with the customs and
needs ofthe individual departments.
7.2 Rest Periods
A fifteen (15) minute paid break is allowed within each four (4) consecutive hours of
work.
7.3 Paychecks
Paychecks are issued every other Wednesday, for a total of26 times per year. Ifthere is a
holiday during the week paychecks will be issued, the actual issuance day may vary. A
schedule of paycheck issuance days for a given year must be distributed to all employees
at the beginning of that year.
Article 8
Compensation
8.1 General
A. Employees of the City shall be compensated according to schedules determined by the
City Council upon the recommendation of the City Administrator. Unless approved by
the Council, employees shall not receive any amount from the City in addition to the pay
authorized for the positions to which they have been appointed. Expense reimbursement
or travel expenses may be authorized in addition to regular pay.
B. Compensation for seasonal and temporary employees shall normally be set by
Council, upon recommendation of the Administrator, at the time of hire, or on an annual
basis. For the purposes of this policy, an employee working less than thirty (30) hours
per week shall be considered a part-time employee.
8.2 Overtime
A. All hours in excess of forty (40) hours per week shall be, for non-exempt employees,
compensated for at a rate of one and one-half (1 'h) times the regular rate of pay to the
extent permitted by law.
B. For police employees, all hours worked in excess of 171 hours in a 28-day period will
be compensated for at a rate pursuant to the federal fair labor standards act. Hours
worked in excess of 10 hours during a shift will be compensated for at a rate of one and
one-halftimes the employee's regular rate of pay.
C. At the City's discretion, compensatory time may be substituted in lieu of overtime
pay. Compensatory time shall be taken as approved by the department head and City
Administrator in increments from one (I) hour up to the total number of hours
accumulated. The Council has set a maximum accrual of compensatory time at 40 hours.
D. Call-backs authorized by the City Administrator and/or Department Head are paid at a
two (2) hour minimum at a rate of one and one-half(IYz) times the regular rate of pay to
the extent permitted by law.
8.3 Workers' Compensation
A. Employees covered by workers' compensation, who are injured on the job and are
subsequently off work for three (3) consecutive days because of the injury, will receive
workers' compensation benefits. While receiving workers' compensation benefits,
employees will be paid the balance of their wages equivalent to the difference between
their workers' compensation benefits and their normal wages. These wages will be
deducted from their accrued leave balances; with sick leave to be reduced first and
vacation or compensatory leave next, if needed. Employees injured on duty shall accrue
the full vacation and sick leave benefits that they would have otherwise been eligible for,
while receiving workers' compensation benefits.
B. In accordance with Minnesota Statute 9 176, elected officials of the City and those
municipal officers appointed for a regular term of office are covered by the Minnesota
Workers' Compensation Act.
Article 9
Emplovee Records
9.1 Data Privacy
A. Employee Records are maintained in a location designated by the City Administrator.
Data is kept in individual personnel files, finance files, and general personnel files.
Information is used to administer employee salary and benefit programs, process payroll,
complete state and federal reports, performance evaluations, etc.
B. No piece of information is retained unless required for a specific purpose. Employees
have the right to know exactly what data is retained, where it is kept, and how it is used.
All employee data will be received, retained, and disseminated according to the
Minnesota Government Data Practices Act.
Article 10
Assie:nment of Work
10.1 Assigning and Scheduling Work
Assignment of work duties and scheduling work is the responsibility ofthe department
head subject to the approval of the City Administrator. It is recognized that jobs may
change over time to respond to the changing needs of the organization. Job descriptions
will be prepared for each individual job class in the City. These descriptions will
normally be updated annually or more often as duties or assignments change.
10.2 Classification of Job Duties
A. The classification of job duties shall be the responsibility of the City Administrator,
subject to review of the City Council. Assignment of job titles, establishment of
minimum qualifications, and the maintenance of job descriptions and related records shall
be the responsibility of the City Administrator.
B. Whenever a job has changed sufficiently so that it can no longer be described
adequately by the existing job description, the City Administrator shall take appropriate
action which could involve: reclassifYing the job to another existing job class, creating a
new job class, updating the job description, restructuring the job to fit an established or
proposed class, or other action as deemed appropriate.
C. Each job description should contain the phrase "and other duties as required" so it is
clearly understood that job assignments may change at any time based on the needs of the
organization.
Article 11
Leaves of Absence
The City recognizes that there are times when employees must be absent from work. The
following describes the types ofleaves of absences available through the City and policies
related to the leave.
11.1 Funeral Leave
A. Employees shall be allowed up to three (3) consecutive working days, with pay, as
funeral leave upon the death of an immediate family member. This paid leave will not be
deducted from the employee's vacation or sick leave balance. Immediate family is
defined as the employee's parents, spouse, children, siblings, or grandparents, or the
spouse's parents, or a ward of the employee's household.
B. Employees shall be allowed up to one (I) working day, with pay, for the death of a
grandchild, (Revised 6/25/96) the spouse's grandparent or sibling, or the employee's son-
in-law or daughter-in-law. This leave will not to be deducted from accrued sick or
vacation leave.
C. Employees selected to be pallbearers for a deceased employee ofthe City shall be
allowed up to one (I) working day, with pay, as funeral leave.
D. To be eligible for funeral leave, an employee must attend the funeral.
11.2 Military Leave
A. Minnesota Statutes S 192.26 and 192.261 provide that an employee of any
municipality who is a member ofthe National Guard, the Naval Militia, the Officers
Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve
component ofthe 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 15 days in
any calendar year.
B. 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 presented prevented
(Revised 6/25/96) 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 15 day period allowed for the paid leave of absence.
C. Notice shall be given the employer at leave fifteen (15) working days in advance of
the requested leave when called to active duty. If any employee has not yet used their
fifteen (15) days of paid leave when called to active duty, any unused paid time will be
allowed prior to the unpaid leave of absence.
D. Eligibility for continuation of insurance coverage will follow the same procedures as
for any terminated or laid-off employee while the employee is on an unpaid leave of
absence for active duty. In addition, the leave of absence shall be considered work time
for the purposes of vacation and sick leave accrual.
E. Returning reservists have the right to return to their jobs or another job of similar
seniority, status, and pay upon completion of active duty in accordance with Minnesota
Statutes S 192.261, subd. 2, and 28 U.S.C. Section 2021 and 2024.
11.3 Jury or Witness Duty
When an employee performs jury duty or is subpoenaed as a witness in court or
voluntarily serves as a witness in a case in which the City is a party, the employee is
entitled to compensation from the City equal to the difference between the regular pay
and the amount received as a juror or witness.
11.4 Conference Leave
Any employee who has worked half-time or more for more than twelve (12) consecutive
months, may take lmpaid leave for up to a total of sixteen (16) hours during any school
year to attend school conferences or classroom activities related to the employee's child
(under 18 years of age or under 20 and still attending secondary school), provided the
conference or classroom activities cannot be scheduled during non-work hours.
Employees may use accrued vacation or compensatory time.
11.5 ElectionsN oting
Pursuant S 204C.04, subd. 1, employees who are eligible to vote in an election may be
absent from work for the purpose of voting during the morning of the day of that election.
No penalty or deduction from salary or wages will occur because of this absence. An
employee who is selected to serve as an election judge pursuant to Minnesota Statute S
204B.21, subd. 2, will be allowed time off without pay for purposes of serving as an
election judge, provided that the employee gives the City ten (10) days written notice.
11.6 Minnesota Parental Leave
A. An employee who works 20 or more hours per week and has been employed at least
one year, is entitled to take an unpaid leave of absence in connection with the birth or
adoption of a child. The leave may not exceed six weeks, and must begin not more than
six weeks after the birth or adoption ofthe child.
B. The employee is entitled to return to work in the same position and at the same rate of
pay the employee was receiving prior to commencement of the leave. Group insurance
coverage will be made available during the leave.
C. The employee may use accrued sick leave for Parental leave.
Article 12
Sexual Harassment
12.1 General
A. The City of Blue Earth is committee to creating and maintaining a work place
atmosphere free of harassment and discrimination. Such harassment is a violation of
Title VII of the Civil Rights Act of 1964 and the Minnesota Human Rights Act.
B. 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.
C. 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 this behavior obligations and to inform them of their
rights. 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.
12.2 Definition
A. To provide employees with a better understanding of what constitutes sexual
harassment, the following definition, based on Minnesota Statute S 363.01, subdivision
41, is provided:
B. 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:
(1). submission to the conduct or communication is made a term or condition,
either explicitly or implicitly, of obtaining employment, public accommodations,
or public services, education or housing;
(2). submission to or rejection of that conduct or communications by an
individual is used as a factor in decisions affecting that individual's employment,
public accommodations or public services, education or housing; or
(3). that conduct or communication has the purpose or effect of substantially
interfering with an individual's employment, public accommodations or public
services, education or housing, or creating an intimidating, hostile, or offensive
employment, public accommodations, public serviced education or housing
environment; and in the case of employment the employer knows or should know
of the existence ofthe harassment and fails to take timely and appropriate action.
C. Examples of inappropriate conduct include but are not limited to: unwanted physical
contact; unwelcome sexual jokes or comments; sexually explicit posters or pinups;
repeated and unwelcome requests for dates or sexual favors; sexual gestures or any
indication, expressed or implied, that job security or any other condition of employment
depends on submission to or rejection of unwelcome sexual requests or behavior. In
summary, sexual harassment is the unwanted, unwelcomed and repeated action of an
individual against another individual, using sexual overtones as a means of creating
stress.
12.3 Expectations
A. The City of Blue Earth 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 constitute just cause for discipline, including possible discharge. Each
situation will be evaluated on a case-by-case basis depending on the severity and the
circumstances involved.
B. Employees who feel that they have been victims of sexual harassment, or employees
who are aware of such harassment, should immediately report their concerns to any of the
following:
1. Union representative or steward;
2. Department Head;
3. hnmediate Supervisor;
4. City Administrator;
5. Mayor or City Council member.
C. In addition to notifying one of the above persons and stating the nature of the
harassment, the employee is also urged to take the following steps:
1. Make it clear to the harasser that the conduct is unwelcome and document
that conversation;
2. Document the occurrences of harassment;
3. Submit the documented complaints to your supervisor, City Administrator,
or one of the members of Council. We urge the employee to put the
complaint in writing.
4. Document any further harassment or reprisals that occur after the
complaint is made.
D. 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.
E. Management has the obligation to provide an environment free of sexual harassment.
The City 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.
F. The City 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 possible in all cases of sexual
harassment as the accused has the right to answer charges made against them; particularly
if discipline is a possible outcome. Reasonable efforts will be made to respect the
confidentiality of the individuals involved, to the extent possible.
Article 13
Drul!:-Free Workplace
A. In accordance with Federal Law, the City of Blue Earth has adopted the following
policy on drugs in the workplace:
B. Employees are expected and required to report to work on time and in appropriate
mental and physical condition. It is our intent and obligation to provide a drug-free, safe
and secure work environment.
C. 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.
D. 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.
E. Employees must, as a condition of employment, abide by the terms of the above
policy and must report any conviction under a criminal drug statute for violations
occurring on or off work premises while conducting City business. A report of the
conviction must he made within five (5) days after the conviction as required by the
Drug-Free Workplace Act of 1988.
Article 14
Work Rules/Code of Conduct
A. In order to provide direction to all municipal employees, to ensure an efficient and
effective work environment, and to avoid possible misunderstandings, the City has
established a uniform and equitable policy which establishes work rules. This section
describes these rules. The City Administrator may issues administrative directives to
expand, clarifY, or amend these rules at their discretion.
B. Conduct as a City Employee: In accepting City employment, you have become a
representative of the City and are responsible for assisting and serving the citizens for
whom you work. An employee's primary responsibility is to serve the residents of Blue
Earth.
C. Employees are expected to:
1. be courteous at all times and display a cheerful, polite attitude.
2. be neat, keep their workplace as neat as possible, and dress appropriately
for their respective jobs.
3. be dependable and accountable.
D. Overall, employees should exhibit conduct that is ethical, responsive, and of high
standards becoming of a City employee.
E. Use of City Vehicles: City-owned vehicles are to be used only for City business.
There are no exceptions. Only City employees may drive City velllcles and those who are
not City employees are allowed as passengers only when necessary for conducting City
business. Exceptions must be approved by the Department Head and City Administrator
and must be consistent with City needs.
F. Department Heads are responsible for any vehicles leaving City limits from their
respective departments. Authorization is required from the City Administrator prior to
leaving the City limits if at all possible. A daily log of miles driven per day will be will
be kept for all City vehicles, noting when a vehicle has left City limits and for what
purpose.
G. Falsification of Records: No person shall knowingly make false statements,
certificates, marks, ratings, or reports in regard to any test, certificate, or appointment
held or made under the City personnel system, or in any manner commit or attempt to
commit any fraud preventing the impartial execution of the personnel policies. Such acts
will be cause for immediate disciplinary action and possibly grounds for criminal
prosecution.
H. Rendering of Consideration: No person shall, directly or indirectly, give or make
available any valuable consideration to any person on account of or in connection with
any test, appointment, or promotion. Such acts will be cause for immediate disciplinary
action, possible criminal prosecution, and/or elimination of a candidate from
consideration for appointment.
Article 15
Safety
A. 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.
B. Safety/Accident Reporting: Workers' Compensation benefits and OSHA (job
safety laws) require that all on the job accidents and sickness be reported as soon as
possible by the employee, or on behalf ofthe iqjured or sick employee, to his or her
department head.
C. Where safety equipment is required by federal, state, or local rules and regulations, it
shall be a condition of employment that such equipment be worn by the employee.
D. Emplovee Personal Protection: All workers not separated from traffic by a positive
barrier in a Road Right of Way or at nay other construction site where heavy equipment is
operating shall be required to wear high visibility clothing such as a vest, shirt or jacket.
T any time from sunset to sunrise, any time it is raining, snowing, sleeting or hailing and
anytime visibility is impaired by weather, smoke, fog or other similar conditions outer
clothing shall be retro-reflectorized. In 2000, the city shall pay $250 towards the
purchase of high visibility vests, shirts, and jackets for each full-time employee who
works in the road right-of-way or at construction sites. The city shall pay $150 towards
the purchase of high visibility vests, shirts andjackets every year thereafter. New
employees will be provided $250 worth of high visibility clothing their first year and
$150 per year thereafter. All vests, shirts, and jackets will be purchased through the city's
selected vendors. Employees may purchase additional vests, shirts or jackets through the
city's vendors. Temporary employees shall be provided
with one vest and three shirts for summer employment. (Revised February 1, 2000).
Article 16
Smokinl!
A. In the interest of good health, the City discourages employees from smoking.
Smoking within City buildings, offices, vehicles, and work sites is governed by the
Minnesota Clean Indoor Air Act.
B. 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 nonapproved areas may result in
disciplinary action.
Article 17
Discipline
17.1 General
A. Supervisors are responsible for maintaining compliance with City standards of
employee conduct. Most employees want to be part of an orderly, well-organized,
productive group and do not object to the establishment of reasonable rules and standards
of behavior. The objective ofthis policy is to establish a standard disciplinary process for
employees of the City of Blue Earth.
B. City employees will be subject to disciplinary action for failure to fulfill their duties
and responsibilities at the level required, including observance of work rules and
standards of conduct and applicable city policies.
C. Discipline will be administered in a non-discriminatory manner. All discipline will be
for just cause. Employees may request a hearing in accordance with the grievance
procedure ifthey feel the discipline is either unjust or disproportionate to the offense
committed. The supervisor will investigate any allegation on which disciplinary action
might be based before any disciplinary action is taken.
17.2 Disciplinary Steps
A. The City of Blue Earth will normally use progressive discipline. There may be
circumstances that warrant deviation from the suggested order where progressive
discipline is not appropriate. The normal process is as follows:
1. Oral warning.
2. Written warning. A written warning from the City Administrator shall
state the reason for the warning along with a description ofthe
events/problems that led to the warning. It shall describe actions taken by
the supervisor to correct the problem, if applicable, including any
timetables or goals set for improvement. It will indicate future
disciplinary action that could result if the problem continues or related
problems occur. The warning will be given to the employee to sign
acknowledging that he/she has received the warning, with a copy to keep.
A copy will also be placed in the employee's personnel file.
3. Suspension without pav. The City Administrator and/or City Council will
be the authority to undertake the following process. The employee will 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 should the problem continue or reoccur. A copy of the written
document shall be placed in the employee's personnel file.
4. Dismissal. The Council may dismiss any employee by a majority vote.
This dismissal notice shall be in writing and shall contain the reason for
dismissal.
B. Employees should be advised of the City's expectations including specific
performance expectations associated with their individual position, general expectations
for all employees in the department and City, policies, procedures and standards of
performance.
C. Oral warnings should normally be given for first infractions to clarify expectations
and put the employee on notice that the performance or behavior needs to change, and
what the change must be.
D. Written warnings are more serious and normally follow oral 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 the oral
or written warning, or both.
E. Suspensions of five days or more, or any second suspension for the same individual,
the Council shall review the reasons for the suspension and upon review wjlJ make a
decision as to the future status of the employee and his/her employment with the City.
F. Discharge is subject to state law on veteran's preference and Minnesota Statutes
9181.931 - 181.935, Council may dismiss an employee substandard work performance,
behavior not in keeping with City standards, or if in their judgment the employee is
unsuited to employment with the City.
17.3 Other Disciplinary Action
At times it may be appropriate to consider other disciplinary actions. At the
Administrator's discretion, with Council approval, the following other actions may be
taken:
1. Involuntary demotion. This action may be used if, as determined by the
Administrator, an employee is unable or unwilling to perform
satisfactorily in their position.
2. Involuntary transfer. This action includes transfers to similar or
comparable positions under a difference supervisor.
17.4 Hearings
Non-probationary employees shall have a right to a hearing in cases of suspensions of
five (5) or more days, dismissals, or demotions, upon written request of the employee
within five (5) working days of notification of the action taken. The hearing shall be held
within ten (10) working days of the date ofthe request, unless the employee and City
mutually agree to another date. Removal of veterans may be made only for incompetence
or misconduct shown after a hearing with due notice.
Article 18
Resi!!:nations
A. Any employee wishing to leave municipal service in good standing shall submit a
written resignation to the department head at least fourteen (14) calendar days before their
last working day. The resignation must state the effective date. The City Administrator
may waive the notice requirement ifit is determined to be in the best interest of the City.
B. Unauthorized absence from work for a period of three working days wjlJ be
considered as a resignation from employment (not in good standing). The City
Administrator may waive this rule, if in his or her judgment, extenuating circumstances
warrant such waiver.
Article 19
Grievances
It is the policy ofthe City to prevent instances of grievances insofar as possible and to
deal promptly with those that occur. Employee grievances should be directed to the
department head. Ifthe grievance cannot be resolved at that level, the grievant and
department head shall present the matter to the City Administrator. If it cannot be
resolved at that level, the grievance shall be referred to the Council's personnel
committee for discussion and resolution. The personnel committee will refer their
recommendation to the full Council for final action.
Article 20
Lavoffs
The City Council may layoff any employee wheneverstlch action is necessary by reason
oflack of work, shortness of funds, the abolition of the position, or changes in
organization. Two weeks notice will be given to the affected employees. Layoffs will be
in order of seniority within each job class. However, no regular employee shall be laid
off while there are temporary or probationary employees serving in the same class of
positions for which the regular employee is qualified, eligible and available.
Article 21
Authority
This policy shall be in full force and effect from the date of publication of the Council
action approving this document. Changes can be made at the discretion of the Council by
resolution following normal adoption procedures. The City Administrator is responsible
for interpretation of these policies.
APPENDIX A
The City will contribute the following amounts to the regular and probationary employees
who work on a year-round basis an average of thirty (30) hours per week or more, with
employees who work from thirty (30) to thirty-nine (39) hours per week receiving a pro-
rated share based on hours worked, (Revised 7/16/96) for use in a cafeteria benefits plan:
If family health insurance is purchased, the employer contribution to the employee
is $451.41 $452.00 (Revised 11/16/99) per month.
If single health insurance is purchased, the employer contribution to the employee
is $195.23 $244.00 (Revised 11/16/99) per month.
DCA, Inc. provides administration for the cafeteria benefits plan. The City will offer a
cafeteria benefits plan, with administration by a contracted administrator. (Revised
11/16/99) The employee is able to tailor insurance benefits, flexible spending accounts,
compensation, and deferred compensation options with the employer contribution. The
plan year renews on July January (Revised] 1/]6/99) ]st of each year.
,.'
RESOLUTION NO. 00-43
RESOLUTION ADOPTING A PERSONNEL POLICY FOR THE CITY OF COTTAGE
GROVE, REPEALING RESOLUTIONS 96-12 & 98-215
TABLE OF CONTENTS
Section
1 Purpose and Application
2 Definitions
3 Personnel Files
4 Job Classification and Pay Plan
5 Work Time
6 Recruitment and Selection
7 Probationary Appointments
8 SeasonfTemporary Employees
9 Grievances
10 Disciplinary Action
11 Non-Disciplinary Separation
12 Employee Safety
13 Examination
14 Benefits
15 Temporary Light Duty Policy
16 Leave Policy
17 Compensatory Time
18 Travel, Training and Education
19 Nepotism
20 Offensive Behavior
21 Electronic Media Usage Policy
22 Non-Discrimination Policy
23 Savings Clause
Paoe
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4
4
5
6
7
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8
9
10
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16
26
27
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Resolution No. 00-43
Page 2
SECTION 1. PURPOSE AND APPLICATION
1.1 The purpose of the policy is to establish and maintain a reasonable system
for administration of all personnel matters in the City of Cottage Grove. These procedures
shall be administered by the City Administrator who may delegate the responsibility of
assisting in the administration of these personnel policies and procedures.
1.2 The City reserves the right to operate and manage its affairs in all respects
in accordance with existing and future laws and regulations. These rights shall specifically
include, but not be limited to, the right to adopt, amend, repeal, interpret or terminate the
personnel policy and work rules without prior notice. Any prerogative or authority which
the City has not specifically abridged, delegated or modified by this policy is retained by
the City. The City further reserves the right to make reasonable variations from this policy
where it is determined that a strict and literal application of the policy would cause an
undue hardship on the City, its employees, or an individual employee.
1.3 When there is conflict with the personnel policy, the following order of
precedence shall apply:
A. All applicable state and federal laws.
B. Labor agreements.
C. Personnel policy.
D. Departmental rules.
1.4 The provisions of this ordinance shall apply to all offices, positions and
employment of the City, except:
A. Elected officials, appointed commission members, or volunteers.
B. Persons engaged under contract to supply expert, professional,
technical, or any other service.
C. Temporary employees who are hired to meet immediate
requirements of an emergency condition.
1.5 Captions. This policy shall be subject to all applicable State and federal
laws, as well as City ordinances.
SECTION 2. DEFINITIONS
The following words and terms shall have the meaning as defined herein, unless the
context indicates otherwise.
A. Appointing Authority - The City Councilor City officer to whom the Council has
delegated authority to appoint personnel.
B. Benefits - Privileges or non-monetary compensation granted to employees which
are included in the total compensation to employees.
C. Compensatory Time - For exempt employees, the same amount of time off work
as the employee has overtime hours worked. For non-exempt employees, time off
work at one-and-one-half times the number of overtime hours worked.
Resolution No. 00-43
Page 3
D. Demotion - The change of an employee's status to a position of a lower rank or
grade.
E. Department - A branch of City administration with responsibility for one or several
assigned functions.
F. Department Head - The supervisor of a department.
G. Eligible - A person who has qualified for a position and whose name is on an
eligibility list.
H. Exempt Employees - Those employees not covered by the provisions of the
Federal Fair Labor Standards Act.
I. Full-time - Any employee whose position requires at least forty (40) hours per
week or two thousand eighty (2,080) hours per year employment.
J. Immediate Family Member - The following persons related to the employee shall
constitute an immediate family member: spouse, child, parent, grandparent,
parent-in-law, grandparent-in-Iaw, sibling-in-Iaw or sibling.
K. Job Classification - A group of positions sufficiently alike in duties, qualifications,
authority and responsibility to warrant the same job title, grade and pay schedule
for all positions in the group.
L. 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.
M. Lay-off - The separation of an employee from employment due to elimination of a
position.
N. Non-Exempt Employees - Those employees covered by the Federal Fair Labor
Standards Act.
O. Overtime - Time worked in excess of forty (40) hours per week or in excess of the
employee's normal work schedule as established by the employer.
P. Part-time - An employee whose position requires less than forty (40) hours per
week or two thousand eighty (2,080) hours per year employment.
Q. Performance Report - A review of an employee's performance by the employer's
supervisor to communicate an employee's strengths or deficiencies, as well as
expectation for improvement.
R. Personnel Director - The supervisor of the Personnel Office who assists in the
Resolution No. 00-43
Page 4
administration of the personnel policies and procedures.
S. Probationary Employee - Any employee who is working in a position for the initial
twelve-month period of employment in that position.
T. Probationary Period - The initial twelve-month period of employment in any
position.
U. Promotion - An advance in position from one classification or grade to a higher
classification or grade.
V. Promotional Exam - A test to determine whether an employee is eligible to
advance from one classification or grade to higher classification or grade.
W. Protected Class Member - A person who by reason of race, color, age, sex,
creed, national origin, religious affiliation, marital status, sexual orientation,
disability or status with regard to public assistance is afforded protection under the
Minnesota Human Rights Act (Minn. Stat. 363.01, et seq.), and related federal
statutes.
X. Regular Employee - An employee whose position with the City is for an ongoing
(non-temporary) period and who has successfully completed the probationary
period.
Y. Temporary Employee - An employee hired for a position of limited or indefinite
duration.
Z. Transfer - A change of an employee from one position to another position in the
same comparable class and pay range.
SECTION 3. PERSONNEL FILES
3.1 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
documents relevant to City employment.
SECTION 4. JOB CLASSIFICATION AND PAY PLAN
4.1 Preparation and Adoption
A. The Personnel Director and the City Administrator shall prepare a
recommended job classification and pay plan which shall recommend the
minimum and maximum rates of pay for each job position not covered by a
labor contract.
Resolution No. 00-43
Page 5
B. Each job position shall be assigned a salary range based upon, but not
limited to, the following factors:
(1) An evaluation of the know-how, accountability, problem-solving and
working conditions of the position
(2) The duties and rates of pay for other job classifications, whether
comparable or not
(3) The prevailing rates of pay for comparable positions in both public
and private employment in the appropriate labor market
(4) The cost of living as measured by the Bureau of Labor Statistics and
Consumer Price Index
(5) The value of fringe benefits provided by the employer
(6) Financial and fiscal policies and consideration of the City, and other
pertinent economic factors
4.2 Annual Review. Amendment and Modification. Each fiscal year, the City
Council shall review the pay plan, and adopt salary ranges for each classification for that
fiscal year. The City Council may modify salary ranges at any time.
4.3 Hourly Rates of Pay. The City Council shall establish hourly rates of pay for
all positions not covered by the classification and pay plan.
4.4 Overtime Compensation. All employees considered "non-exempt" under the
Federal Fair Labor Standards Act are eligible overtime.
SECTION 5. WORK TIME
5.1 Working time is for work. Working time describes the entire workday as
scheduled per department. Work time should be spent on assigned tasks. Employees
should not use work time for personal or other non-City business. If an employee needs
to spend work time on other than city business, prior approval from the supervisor is
required.
5.2 Meal Breaks: Employees are allowed, paid or unpaid, (dependent upon
department rules or union contract); meal breaks during the course of the workday.
5.3 Non-solicitation: Solicitation by employees for any purpose is prohibited
during the working time of the employee who is soliciting and the employee being
solicited. This shall include canvassing, collection of funds, pledges, taking orders or
subscriptions, circulation of petitions, solicitation of memberships or any similar type of
activity. Exceptions may be made with prior approval of the City Administrator or
designee. Distribution of literature by employees including handbills, leaflets, circulars or
other similar material is prohibited at any time in any working area.
5.4 Personal Use of City Property: Employees will not use or rent City property
for their own personal use unless authorization is received in advance from the
department head and the City Administrator.
Resolution No. 00-43
Page 6
SECTION 6. RECRUITMENT AND SELECTION
6.1 All appointments shall be made by the City Administrator on the basis of
merit and fitness for the position. 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.
6.2 Announcement. A public notice of the time and place to apply for a position
shall be published once in the official publication of the City, or in a newspaper of general
circulation of the City at least five calendar days in advance of the deadline for
application. Notice shall be required for all positions (with the exception of entry level
Police Officer) except that applications may be limited to current City employees where
the City Administrator has determined qualified candidates are available in-house. Inter-
office notification shall occur at the same time as public notice. The notice shall specify
title and salary range of the available position, the manner of making applications, the
closing date for accepting applications, job-relevant minimum requirements and other
pertinent information.
6.3 Application Form. Unless otherwise stipulated by the Personnel Office,
applications shall be made on written forms.
6.4 Examination. If examination is required for a position, the examination shall
be administered by the Personnel Office at a time and place established by the Office.
Upon receipt of the examination results, the Personnel Office 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.
6.5 Communitv/Current Emplovee Preference. Preference may be given to
Cottage Grove residents and/or current employees when, in the opinion of the appointing
authority, job-relevant qualifications are approximately equal and such preference is not in
conflict with other City policies (i.e. equal employment opportunity).
6.6 Application Review. The Personnel Office shall review all applications and
conduct job-relevant background reviews. The Personnel Officer shall reject any applicant
not meeting minimum qualifications required for the position, shall screen applications to
determine candidate qualifications and may then conduct initial interviews of the
applicants whose qualifications are best-suited for the position.
The Personnel Officer shall then submit a list of names of eligible candidates to the
Department Head.
6.7 Interview Board. The interview board shall interview those persons whose
names have been submitted as the eligible candidates, and shall, thereafter, make
recommendations to the City Administrator for appointment to the position. All
appointments shall be made based upon experience, qualifications, examination results,
Resolution No. 00-43
Page 7
if required, and the recommendation of the interview board.
6.8 Disqualification of Application. An applicant may be rejected at any time if the
applicant fails to respond at any stage of the selection process.
SECTION 7. PROBATIONARY APPOINTMENTS
7.1 Probationary Appointment. Each employee appointed to or promoted to a
position shall be subject to a twelve (12) month period of probation.
7.2 Additional Performance Reports. During the probationary period, an employee
shall undergo performance evaluations.
7.3 Demotion. At any time during the probation period, a promoted employee may
be reassigned to the employee's former job at the sole discretion of the City. An
employee serving a probationary period, due to promotion from a prior position, may
retum to hislher job if the employee's prior position is still vacant.
7.4 Removal or Dismissal. Any employee may be discharged for any reason during
hislher probationary employment period, and shall not be entitled to file a grievance, or
have any review or hearing on that discharge, except as provided by the Veteran's
Preference Act.
7.5 Satisfactory Completion. An employee satisfactorily completing the
probationary period shall be appointed to regular employment and status by
recommendation of the City Administrator and action of the City Council.
SECTION 8. SEASONALITEMPORARY EMPLOYEES
8.1 All seasonalltemporary appointments shall be made by the City
Administrator on the basis of merit and fitness for the position. Unless otherwise
stipulated by the Personnel Office, applications shall be made on written forms.
8.2 Holidavs: No seasonalltemporary employees will receive holiday pay for
time not worked. If a temporary or seasonal employee works on a city holiday, as
defined by the City's Personnel Policy, they shall be paid time and one-half for the
hours worked on that holiday.
8.3 Overtime: Seasonalltemporary employees shall be paid overtime after 40
hours worked in a week.
8.4 Schedule: If a seasonal/temporary employee is limited in the number of
days they can work during the year (for example, by union contract or PELRA
restrictions), then the employee must work a pre-arranged schedule.
8.5 Minors: The City will allow hiring of minors age 15 -17 for certain
designated positions and with pre-approval from the City administrator or designee.
The employment of minors shall conform to all applicable state and federal laws. Minors
Resolution No. 00-43
Page 8
may not be employed during school hours unless they have special permission from
their school superintendent and parents, according to applicable state law. Minors in
high school under the age of 18 cannot work before 5:00 AM on school days, or after
11 :00 PM the evening before a school day. Minors who are not in high school cannot
work before 7:00 AM and after 9:00 PM. Minors cannot work more than forty (40) hours
in a week, or more than eight (8) hours in any 24-hour period. The City shall have the
discretion to utilize more restrictive rules when necessary to accommodate the needs of
the City.
SECTION 9. GRIEVANCES
9.1 Grievance Procedure. The following grievance procedure shall be followed by
all employees except those covered by the terms of a collective bargaining agreement. In
all cases, grievances must be filed by the employee adversely affected by the action of
the City.
Step 1:
Step 2:
Step 3:
Step 4:
Any aggrieved employee shall first file his/her grievance, in writing, with
his/her immediate supervisor within ten (10) working days of the action from
which the grievance arises or the date upon which the employee became
aware of the action. In cases where the employee has been adversely
affected by an action administered by a City employee of a higher rank than
that of his/her immediate supervisor, the affected employee shall file his/her
grievance, in writing, with the City employee whose action the adversely
affected employee is grieving. Notice must include the following:
(1) Statement of the grievance and relevant facts;
(2) The remedy sought; and
(3) The specific provision of the Personnel Policy violated (if applicable).
The supervisor shall respond to the grievance, in writing, within ten (10)
working days.
If the employee is dissatisfied with the response of his/her supervisor, the
employee may, within ten (10) working days from the date of the response,
appeal the grievance to his/her Department Head. The Department Head
shall respond to the grievance, in writing, within ten (10) working days.
If the employee is dissatisfied with the response of the Department Head,
he/she may, within ten (10) working days, appeal to the City Administrator.
The City Administrator shall respond to the grievance, in writing, within ten
(10) working days.
If the employee is dissatisfied with the decision of the City Administrator,
he/she may appeal in writing to the City Council within ten (10) working
days of his/her receipt of the City Administrator's decision. The City Council
shall consider the written appeal, along with the City Administrator's Step 3
response, and any other pertinent information developed throughout the
grievance procedure. The Council shall then decide whether to affirm the
Resolution No. 00-43
Page 9
City Administrator's decision or consider the issue anew. In general, Council
review will be limited to interpretation of this Personnel Policy and will not
relate to issues of fact.
An aggrieved employee may be assisted in the presentation of his/her grievance by any
person acting in an advisory capacity to assist in presenting all facts relevant to the
grievance. At any step in the grievance procedure, the supervisory authority may request
additional information, or conduct additional investigation, as he/she deems necessary.
Failure to conform to the time requirements set forth above shall constitute a
waiver of further steps in the above procedure.
9.2 Waivers. Time limits set forth in the grievance procedure may be waived, upon
written consent of both parties. Anyone or more of the steps set forth above may be
waived by written consent of the employee and the designated employer representative to
whom the grievance is being submitted.
9.3 Processinq of Grievances. The hearing and presentation.of grievances shall be
accomplished during ordinary working hours when consistent with employee duties and
responsibilities. An aggrieved employee shall be allowed a reasonable amount of time,
without loss of pay, to present evidence concerning his/her grievance.
SECTION 10. DISCIPLINARY ACTION
10.1 Any employee in the service of the City may be disciplined for cause. The
method of and procedure for disciplinary action shall be determined as indicated below.
Disciplinary actions are not progressive, but will be commensurate with the seriousness of
the infraction. Demotions and dismissals shall have prior approval of the City Council.
A. Reprimand. An employee may be given an oral or written reprimand by
his/her superior or the City Administrator.
B. Suspension. The City Administrator may suspend an employee without
pay for up to thirty (30) days for disciplinary reasons.
C. Demotion. An employee may be demoted by the City Administrator for
inefficient performance of his/her duty, for disciplinary reasons, or for good
and sufficient reasons.
D. Dismissal. Officers and employees subject to the provIsions of this
resolution may be removed from City employment for cause. Dismissal for
cause may be grounds for denial of the employee's severance benefits.
E. Employee Assistance/Decision-Making Leave. As an alternative to, or in
concurrence with the above disciplinary steps, the Department Head and/or
City Administrator may refer an employee for professional assistance. The
Department Head and/or City Administrator may also grant a one-day, paid
decision-making leave to an employee prior to final action on demotion or
Resolution No. 00-43
Page 10
dismissal.
SECTION 11. NON-DISCIPLINARY SEPARATION
11.1 Lavoff. Layoff may occur at any time due to lack of work, lack of funding,
elimination of position, or other cause, as determined at the sole discretion of the City.
11.2 Resiqnation. Any employee wishing to resign from City service, in good
standing, shall file with his/her Department Head, at least fourteen (14) calendar days
prior to separation, a written resignation stating the effective date thereof. The employee's
termination date must be a day worked, not a paid leave day.
SECTION 12. EMPLOYEE SAFETY
The City shall provide employees a work environment and conditions of
employment free from hazards likely to cause injury or harm to the employee. All
departments shall maintain safety programs, and shall provide all employees with a safety
manual and instructions on procedures to which the employee must conform.
SECTION 13. EXAMINATION
Each prospective employee may be required to undergo a medical and/or
psychological examination, the cost of which shall be paid by the City.
In addition, an employee may be required to undergo a medical and/or
psychological examination in order to maintain the health and safety of the employee or
his/her co-workers.
SECTION 14. BENEFITS
14.1 Holidavs
New Years Day
Martin Luther King Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Friday preceding Easter
Last Monday in May
July4
1 st Monday in September
4th Thursday in November
4th Friday in November
December 24
December 25
When an established holiday falls on a Saturday, it shall be observed the
preceding Friday; when it falls on Sunday, it will be observed the following Monday.
In addition, each full-time employee shall receive one (1) floating holiday to be
Resolution No. 00-43
Page 11
taken on a day of his/her choice with prior approval of the supervisor. To receive the
floating holiday, an employee must work at least one thousand forty (1,040) hours during
the calendar year.
Part-time employees shall be paid for their regular work hours for holidays which
fall on their regularly scheduled working days.
14.2 Insurance Benefits. Medical/Hospitalization Insurance: The City shall make
available a group medical and hospitalization insurance plan for all regular and
probationary full- and part-time employees and their dependents. The City Council shall
annually determine the amount of premium, if any, which will be paid by the City as a
fringe benefit.
Life Insurance: Each regular and probationary employee shall be covered by the
terms of a group term life insurance policy payable in the event of death to a beneficiary
designated by the employee, in an amount equal to his/her annual salary. Supplemental
life insurance may be made available for purchase by eligible employees. The City
Council shall annually determine the amount of premium, if any, which will be paid by the
City as and for a fringe benefit.
Regular Part-time Employees: Regular part-time employees working an average
of more than twenty (20) hours per week shall receive fifty (50) percent of the employer's
maximum contribution toward insurance programs as specified for full-time employees.
Regular part-time employee working an average of thirty (30) hours per week or
more shall qualify for the same insurance benefits as those available to full-time
employees.
14.3 Annual Leave. Each regular, full-time City employee shall earn annual leave
at a bi-weekly rate which will total the following amount of annual leave:
Employees with 0 through 7 years City employment
Employees with 8 through 15 years City employment
Employees with 15+ years City employment
144 hours per year
192 hours per year
208 hours per year
Each regular, part-time employee shall receive annual leave in proportion to the
number of hours he/she works per pay period, in accordance with the above schedule.
Except in the case of injury or illness, annual leave may only be taken upon
approval of the employee's supervisor, which approval shall not be unreasonably
withheld. Such approval shall consider City service needs. Except in the case of injury or
illness or the employee or his/her spouse or minor child, no annual leave shall be granted
until the employee has completed one thousand forty (1 ,040) hours of work.
Annual leave earned shall be accrued and the total number of earned annual
leave hours shall be provided to the employee each pay period. Annual leave with pay
may not be taken unless it has been earned. Except in the case of injury or illness, no
employee shall be allowed to take more than 160 consecutive hours of annual leave at
Resolution No. 00-43
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one time.
Employees who terminate employment with the City and have annual leave time
remaining shall be paid for their accrued annual leave, provided they have completed at
least one thousand forty (1,040) hours of employment.
An employee who uses annual leave for illness or injury may be required to
present evidence that he/she is again able to perform all the duties of his/her job
description.
Annual leave must be taken in increments of no less than one (1) hour. Except as
provided for employees converting to annual leave; no employee may carry over more
than two hundred forty (240) hours of accumulated annual leave from one year to the
next. In the event that an employee has in excess of two hundred forty (240) accumulated
hours of annual leave after December 31 of any year, the employee's accrued annual
leave shall be reduced to two hundred forty (240) hours.
Employees who converted to annual leave and who, from vacation and sick leave,
exceed the maximum carry-over limitation, may carry over, as a maximum, the same
number of hours to which their accumulated vacation and sick leaves converted.
However, should an employee's accrued annual leave exceed this maximum after
December 31 of any year, the employee's accrued annual leave shall be reduced to the
maximum as computed herein.
Once per year, on either the first pay period after April 1 or the first pay period after
October 1, any employee who has completed at least seven (7) years of service with the
City may exchange up to twenty-four (24) hours of accumulated annual leave for payment
equal to twenty-four (24) hours of pay at his/her current rate. Any employee who has
completed at least fifteen (15) years of service with the City may exchange up to forty (40)
hours accumulated annual leave for payment equal to forty (40) hours of pay at his/her
existing rate.
In addition to the foregoing, any employee who converted vacation and sick leave
to annual leave and who exceeds the maximum carry-over limitation of two hundred forty
(240) hours, may exchange up to an additional forty (40) hours of pay per year at his/her
existing rate for that accumulated leave in excess of two hundred forty (240) hours.
Should an employee elect to exchange such additional leave, as hereinbefore provided,
that additional exchange shall reduce the employee's maximum hours by the same
number of hours exchanged for pay.
14.4 Short-Term Disabilitv Benefits. The City shall provide short-term disability
benefits for those regular employees who are covered by annual leave. Short-term
disability benefits shall be paid to such an employee who shall have missed twenty (20)
consecutive working days of employment due to illness or injury.
The amount of the short-term disability benefit payable shall be the difference
between the employee's regular rate of pay, in effect at the time of the injury or illness,
and any payment(s) the employee receives or anticipates receiving in the nature of wage
Resolution No. 00-43
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loss replacement whether it be from workers compensation, Public Employees
Retirement Association (PERA) disability, Social Security, personal injury protection, or
any other source, payable from the 21 st working day following the employee's initial
absence from work due to injury or illness and continuing for a maximum of ninety (90)
working days.
Any employee receiving payments under the short-term disability benefit plan shall
not accrue annual leave during the period of time of disability. In order to qualify for short-
term disability benefit, the employee shall submit medical documentation from a physician
certifying that the first twenty (20) consecutive working days of the employee's absence
was due to injury or illness.
The employee shall further provide to the City a release of medical information
authorizing the City, or its agents, access to the employee's medical records for the
purpose of sustaining disability.
The employee shall, if required or requested, submit to an examination by a
physician designated by the City in order to verify the injury or illness claimed by the
employee.
SECTION 15. TEMPORARY LIGHT DUTY POLICY
Consistent with public service needs, the City may assign light duty to employees
who are temporarily disabled and unable to provide full performance of all work duties
assigned to their job classification. The City reserves the sole right to determine, on a
case-by-case basis, whether light duty will be assigned and, if assigned, what duties the
employee will be expected to perform in the duration of the assignment.
The procedure for applying for light duty assignment will be as follows:
A. When an employee is unable, due to temporary disability, to provide full
performance of all work duties assigned to the employee's job classification,
the employee may request light duty by completing the Request for Light
Duty form and submitting it to his/her Department Head. The request shall
state the nature and extent of the temporary disability and the job duties
which the employee is unable to perform, along with expected length of the
disability and any work restrictiOns related to the disability. The City will
usually require the request to be accompanied by a physician's report
containing diagnosis, current treatment, and physician approval for light
duty assignment with any restrictions thereon.
B. The City may require an independent evaluation conducted by a physician
selected by. the City to verify the diagnosis, current treatment, work
restrictions and expected length of disability.
C. Determinations regarding light duty will be made on a department-by-
department, case-by-case basis. The Department Head, in consultation
with the City Administrator, will consider such factors as public service
Resolution No. 00-43
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needs and budgetary considerations, the need for work which may be
assigned as light duty, the employee's capability of performing the work, the
number of employees not available for work due to injury or illness, and
other relevant factors. _
D. The City will determine what job duties the employee will perform. These
duties may include those currently assigned to the employee's job
classification or any other duties the City considers to be appropriate.
Duration of light duty will be determined at the sole discretion of the City.
E. Assignments to light duty will be reviewed on a monthly basis or more often
as deemed necessary by the City. The City, in its sole discretion, reserves
the right to terminate a light duty assignment at any time based upon, but
not limited to, the factors set forth in sub-item C above.
SECTION 16. LEAVE POLICY
16.1 Iniurv on Duty. An employee injured in the line of duty, covered by the
Workers Compensation Law of the State of Minnesota, and eligible for workers
compensation pay, shall be guaranteed their regular base rate of pay by the Employer for
a maximum of ninety (90) working days.
Injury on Duty (100) pay will start after the employee has been off work due to the
injury three (3) working days.
The employer shall pay the difference between the employee's weekly pay and
their weekly workers compensation check to the extent that the employee's after-tax net
take home does not exceed the employee's after-tax pay earned while working.
When the employee has exhausted the employee's ninety (90) day 100 bank, the
employee may then draw on the employee's accumulated annual leave.
No employee may return to duty without medical verification that the employee is
capable of returning to work and performing all the regular duties of their job description
unless a return to work under light duty can be arranged.
The injured ernployee will allow the employer access to the employee's medical
records on file with the Workers Compensation Insurance Carrier or State Workers
Compensation Commission.
Additional benefits paid to the employee will not be charged against the
employee's annual leave or other accumulated benefits within the sixty (60) day period.
16.2 Military Leave. An employee who is a member of the National Guard or
military reserve force of the United States of America shall be entitled to military leave as
provided by the statutes of the State of Minnesota or the government of the United States
of America. Except in the cases of military emergency or immediate mobilization, an
employee shall notify his/her supervisor as soon as is possible, after receipt of a notice of
L_
Resolution No. 00-43
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active duty, in order to claim military leave (see Section 14.7 below).
16.3 Jurv Leave. An employee who is summoned to serve upon a jury shall be
granted compensation equal to the difference between the employee's regular rate of pay
and compensation paid to him/her for serving on a jury. An employee who is excused
from jury duty prior to the completion of a workday is expected to retum to work for the
completion of that day. An employee shall notify his/her supervisor upon receipt of a
summons to appear for jury duty in order to claim jury leave (see Section 14.7).
16.4 Parental Leave. An employee shall be granted leave without pay and enjoy all
benefits consistent with the Family and Medical Leave Act (FMLA).
16.5 Leave of Absence. The City Administrator may, upon approval of the
employee's Department Head, permit a regular employee a leave of absence without pay
for a period of up to six (6) months. No employee shall be entitled to accrue leave, earn
seniority, or accrue time toward step increases in the pay plan while on a leave of
absence without pay. The employee may continue coverage under any group insurance
plan, but will be required to pay the full premium without employer contribution.
16.6 Impermissible Leave. Unless otherwise authorized, no leave of absence shall
be granted for the purpose of protecting a job while the employee seeks or obtains other
employment.
16.7 Additional Leave. The City Administrator, in his/her discretion, may grant
additional leave of absence, for an extended period of time, in cases of extended illness
or personal hardship.
16.8 Requests for Leave. Except in the case of injury or illness, for all requests for
leave an employee must fill out a Request for Leave Form at least 48 hours prior to the
commencement of leave; the form must be approved by the Department Head or his/her
designee. The Department Head (or designee) may waive the 48 hour requirement when
it shall not impair the delivery of City services or impose a hardship on other employees.
SECTION 17. COMPENSATORY TIME
17.1 Eliqibilitv. "Exempt" employees under the federal Fair Labor Standards Act
(FLSA) may be required to work in excess of eight (8) hours per day, or 40 hours per
week. Any time worked in excess of (8) hours per day shall be recorded for account.
17.2 Authorization. Exempt employees must be authorized to use compensatory
time by their Department Head. The taking of such compensatory time must be
consistent with the job requirements of such managerial and professional positions.
Exempt employees are not entitled any specific amount of compensatory time off.
Non-exempt employees not covered by the terms of a collective bargaining
agreement or other employment contract may accrue compensatory time in lieu of
overtime pay, at the discretion of the Department Head.
Resolution No. 00-43
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17.3 Limitation on Use. A supervisor may authorize the taking of up to sixteen (16)
hours per week compensatory time.
17.4 Council Authorization. The City Council may authorize the use of
accumulated compensatory time by an employee who has exhausted his/her annual
leave.
SECTION 18. TRAVEL, TRAINING AND EDUCATION POLICY
18.1 PURPOSE
The purpose of this policy is to provide guidelines and procedures to be used when
individuals participate in Travel, Training, and Education (TT&E) events. This policy will
reviewed prior to December 31, 1999, to determine jf changes are
necessary.
18.2 TRAINING/EDUCATION PHILOSOPHY
Through its commitment to PRIDE, the City will maintain a highly skilled, efficient,
motivated work force which meets all required mandates and allows for career
enrichment through training and education. This process will be administered in an
economic fashion that maximizes the city's return for its budget training funds and will
comply with all budgetary limits. It is expected that any training, travel or education
funded by the City will be for a defined purpose to further organization goals. It is also
expected that any expenditure will be for a valid business purpose.
18.3 TT&E PROGRAM DEFINITIONS
Advanced Education: Any training or program participation that could result in a
certification or degree from an accredited college, university or trade school.
Comparable Training: Any training or program substantially similar in content, or which
meets similar criteria for certifications, licenses, or other required training.
Established Safety Policies: The adopted safety policies and criteria established by the
entire City or individual departments and relating to the expected and required safety
conduct, responses, action or training.
Organization Goals: Remaining current with changing legal or technical requirements,
maintaining education requirements for various certifications, and researching best
practices.
Priority 1 Training: Required and necessary training. TT&E participants receive training
in the skills needed to perform the specific job function in his/her division/department.
Required training is in association with state and federal licenses, City job description or
City step plan. This would also include state or federal guidelines for mandatory
requirements which, if they were not attended, would result in penalties or fines. These
training opportunities are intended to meet all applicable standards, certifications,
Resolution No. 00-43
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accreditations and licenses required of the positions held. Necessary training is an
accreditation or certification from professional or trade organizations that enhance an
individual's level of professional status and improve the quality ,of the City work force.
Priority 2 Training: Desirable training for job enrichment which includes verbal or written
skills, technology, and personal development and improvement programs. These
opportunities may be provided by other departments within the City or by others outside
the City. These priority two opportunities are subject to
department head approval and to the availability of department training funds.
PRIDE: Personal Service Responsiveness Innovation Dedication Effectiveness
Training Officer. The Assistant City Administrator.
Training Plans:
Department Training Plan: A narrative document detailing a one-year plan for training,
education and professional development that sets minimum standards and goals for
each position, individual, or commission member within that department.
Professional Development Plan: A narrative document detailing a defined action plan
for professional development for an individual employee. Said plan shall list types of
training, course work or degrees needed to complete the plan and list of how the
described training will benefit the City.
TT&E Event: Any travel, training, education or business-related function that meets the
eligibility approval criteria and is funded all or in part by the City of Cottage Grove.
TT&E Locations:
In-House Training: Training provided at City facilities or through City of Cottage
Grove arrangements.
Local Training: TT&E events which take place in the seven county metropolitan
area.
National Training: TT&E events which take place outside a SOD-mile radius of
Cottage Grove.
Regional Training: TT&E events which take place outside the Twin Cities Metro
Area (local training) but within a SOD-mile radius of Cottage Grove.
TT&E Participant: All full- and part-time city employees, interns, Council members and
affected Commission and Committee members participating in TT&E events.
18.4 TT&E PROGRAM ELIGIBILITY/PRIORITY
The following criteria will be considered in reviewing TT&E requests:
Required Criteria:
. Funded in the budget
. In compliance with the travel, training and education policy
· In accordance with an Approved Departmental Training Plan
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Additional Criteria:
. Priority level of training (Priority 1 or Priority 2)
. Training associated with established safety policies
· Training associated with new trends, techniques, or technology utilized by
the City
· Training associated with equipment or machinery utilized by the City
. Training related to an established step advancement training program
· In accordance with an approved Professional Development Plan
(Individual)
18.5 REVIEW PROCESS
A. Training Plan
Each department shall submit a training plan. This plan will be submitted
yearly as part of the City budget review process. In addition, individuals
interested in additional TT&E beyond required training shall submit an
individual plan for review and approval by the Department Head prior to
budget submission. Training must be according to an individual plan for
skills representing a progressive level (basic-intermediate-advanced) that
.does not repeat prior training - this does not include training required each
year for certification.
B. Conference Policy
As with all TT&E events, TT&E participants interested in attending
professional development conferences in or out of state must meet the
TT&E program eligibility criteria; Attending programs offered within the
state, and preferably the metro area, should be the practice whenever
possible.
C. TT&E Location Policy
When evaluating training opportunities, requests shall be reviewed to
ensure the most cost-effective option is selected based on the following
critieria:
. Training In-house
. Training Local
. Training Regional
. Training National
Regional or national training shall not be approved if there is reasonable
access to comparable training in the local area within the same budget
year.
D. TT&E Request Procedures
To request permission to attend a TT&E event, it is necessary to complete
a TraininglTravel Request form or an Education Reimbursement
Application (see Section 16.11). Written approval from the department
head and City Administrator or designee will
be required. On the form, the TT&E participant must include a statement
Resolution No. 00-43
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indicating the expected benefit of the event.
18.6 ALLOWABLE EXPENDITURES
A. General
· The City pays a TT&E participant's expenses incurred while attending
a TT&E event, in accordance with policy guidelines.
. The TT&E participant must pay expenses incurred by a spouse or
guest attending a conference with a TT&E participant.
. If an employee registers for a training event and then cancels, he/she
must reimburse the City for any fees which are not returned to the City
upon cancellation. This does not apply if the employee's supervisor
requests that the employee cancel the training event.
B. Meals
. If the TT&E event is more than one day in duration, there shall be a
maximum per diem (including gratuities for meals only) of $30 per day.
. For partial days, the meal allowance will not exceed the following:
Breakfast:
Lunch:
Dinner:
$6.00
$9.00
$15.00
. Tips shall not exceed 15% of City reimbursed meal cost.
. When an event encompasses a full day, TT&E participants may spend
the daily allowance among the three meals, at their discretion, unless
meals are included as part of the conference registration. In that case,
the money allotted for that meal couldn't be spent.
. For local and regional area training or meetings, lunch will be
reimbursed if not covered in the fee for the event. No other meals will
be reimbursed unless prior approval is granted.
. Costs for alcoholic beverages shall not be reimbursed.
. Receipts will be required for reimbursement upon return from the
event, along with any unused portion of the meal allowance (if cash
advance was received). Receipts must clearly state date, location, and
name of restaurant.
A representative of the City may occasionally be in the position of having
to provide a meal for other persons who have official business with the
City. The cost of providing such meals, including tax and a reasonable
gratuity, will be reimbursed provided the following conditions are met:
1) Expenditure must be approved by the City Administrator or
designee prior to the event;
2) Name and official capacity of each person attending must be listed;
3) Public purpose/benefit of the meeting must be described;
4) A receipt must be provided; and
5) No alcoholic beverages will be reimbursed.
Resolution No. 00-43
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C. Lodging
. Reimbursement for lodging expenses shall be allowed only for
authorized TT&E participants.
. TT&E participants should choose lodging based on reasonableness of
cost and proximity to the conference, meeting, or training site.
. Reimbursement will be made at the lowest standard single room rate
of the chosen facility.
. Each authorized person shall be allowed an individual single room.
. Lodging costs shall be reimbursable only from the night preceding the
conference through the night immediately following such event, unless
an additional evening's stay will decrease travel costs.
. Overnight stays within the local training area are not permitted without
the City Administrator's or designee's approval in advance of the stay.
D. Miscellaneous expenses
. One (1) personal long distance call per day, in an amount not to
exceed 15 minutes, will be reimbursed.
· Costs for reasonable use of phones, copy and fax machines, or other
approved business services when used to conduct City business will
be reimbursed.
E. Transportation
Auto Rental: Rental cars shall not be used as part of a TT&E event unless
prior approval has been obtained from the City Administrator or designee.
The cost reimbursed will be at the mid-size vehicle rate. Auto rental must
be requested on the Travel Request form, and justified as required for
official business. Multiple quotes, including appropriate insurance and
fees, should be obtained from a minimum of three (3) rental agencies and
attached to the request form. If reasonable public transportation is
available, or a less expensive means of transportation is available, a
rental car should not be requested. A car may be rented if the local
transportation is impractical, or more expensive, than renting a car for the
period in question.
City Vehicle and Personal Vehicle Usage: Transportation within the state
shall be by City vehicle. If a City vehicle is not available, TT&E participants
may use a personal vehicle. Approved personal auto usage while
attending a TT&E event is reimbursed at the current Internal Revenue
Service per-mile rate. The City of Cottage Grove does not provide
insurance on personal vehicles.
When traveling from the normal work location to a TT&E event and back,
the mileage allowance is the actual work related mileage traveled.
When traveling from a TT&E participant's residence to a TT&E event, and
then to a normal work location, the mileage allowance is the excess miles
traveled over those normally driven from the residence to the normal work
location. When traveling from a normal work location to a TT&E event,
and then to the TT&E participant's residence, the mileage allowance is the
Resolution No. 00-43
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excess miles traveled over those normally driven from the normal work
location to the participant's residence. When traveling from the residence
to a TT&E event and then returning to the residence, mileage in excess of
that normally driven to and from the normal work location is reimbursable.
If such travel occurs on a day that the TT&E participant is not scheduled
to work, or involves travel to evening meetings outside the normal work
hours, total mileage traveled is allowed.
Personal use of any City vehicle is prohibited, other than commuting (for
those TT&E participants required to commute in a City vehicle), or "de
minimis" personal use. The City Administrator can approve take-home
vehicles.
Air-Related Travel Policies: Air travel by authorized TT&E participants
must be the lowest fare routing. Lowest fare routing is the lowest fare
which:
· Requires no more than one interim stop or change of planes
each way
· Results in a layover not exceeding two hours each way.
Every effort should be made, when practical, to book tickets early to take
advantage of money saving offers. At a minimum, airfare tickets must be
purchased at least 20 days in advance. Frequent flier miles associated
with TT&E travel are property of the City.
If a TT&E participant wishes to drive, and the mileage allowance would be
greater than the airfare, the traveler may be reimbursed "equivalent
airfare" instead of the actual mileage costs. This would include the cost of
the airfare, plus shuttle service to and from the airport. The additional time
required to travel by car will be the employee's own time.
Shuttle Service and/or Parking: Costs for transportation to and from the
airport are reimbursed at the least expensive mode available. Ground
transportation may be reimbursed up to the fare from the TT&E
participant's normal work site to the appropriate airport. Mileage and
parking will be reimbursed if the TT&E participant chooses to drive a
personal automobile to the airport, only if the total cost of mileage
reimbursement and parking is less than the round-trip ground
transportation from the work site. Reimbursement of charges for taxis and
airport limousines shall be made only if other modes of transportation are
impractical.
When attending an event or business meeting where parking is limited, or
where parking decks are expensive, a parking meter may be used. The
TT&E participant will need to document the amount spent for a parking
meter on a form, as required by the Finance Department.
F. Cash Advance for, and/or Pre-payment of, Travel Expenses
TT&E events requiring overnight accommodations or extended time away
shall be eligible for a reasonable cash advance. Upon prior approval by
the Training Officer a travel advance may be obtained from the Finance
Resolution No. 00-43
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Department. The request must be submitted by the deadlines established
for check payments.
Advancing money for travel does not constitute approval of spending the
entire advanced sum. Monies not spent must be returned to the City.
Pre-payment of travel expenses (for example, registration fees) may be
made upon application and approval of voucher by the City Administrator
or designee.
18.7 REIMBURSEMENT PROCEDURES
Only approved, actual, and necessary expenditures qualify for reimbursement,
and must have receipts. In addition, to receive reimbursement the following
criteria must be met:
. Within 30 days of returning from an approved TT&E event, the
participant must submit a mileage and expense report form.
. Receipts for the payment of transportation, lodging, and other
business expenses shall be attached to the expense report.
. Tips shall be noted on the meal receipt.
. All receipts must be dated and in chronological order.
. Any unused portion of a cash advance will be returned to the City.
. If the billing is for joint occupancy, the lodging cashier should indicate
the single room rate for the room occupied. It is the TT&E participant's
responsibility to obtain this.
. TT&E participants shall be required to submit an itemized lodging bill
showing both charges and payments for reimbursement.
. TT&E participants submitting receipts for parking fees shall be
reimbursed in the amount noted on the receipt.
. When two or more TT&E participants travel to the same destination by
the same vehicle, mileage and parking fee reimbursement will be
made to only one person.
A significant, unexplained discrepancy between the estimated cost as requested
on the TT&E request form and the expense report form may result in a request
for additional justification.
18.8 FOllOW-UP PROCEDURE
It is expected that all participants in TT&E will receive a documentable benefit
from attending a TT&E event. It is a goal of the TT&E program that participants
share that benefit with an appropriate audience. Therefore, upon return from a
TT&E event participants are required to somehow communicate the gained
benefit. Acceptable mediums for this requirement, which should be chosen
based on appropriateness, include, but are not limited to:
· Written report to supervisor, co-workers, or others who would gain
from knowledge;
. Verbal discussion at a staff or department meeting;
Resolution No. 00-43
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. Distribution of materials obtained to other employees who may benefit;
and
. Discussion with supervisor.
The TT&E participant shall provide the Training Officer with a rating of the TT&E
event, as well as documentation of the follow-up procedure, on a form available
from the Personnel office. Information will be maintained in the training
database.
18.9 COMPUTING WORK TIME WHILE IN TRANSIT
In order for the City to assess the obligations for paying travel time, the determining
factor is whether or not the travel involves an overnight stay in another city. If a non-
exempt employee is staying overnight in another city, travel occurring during the normal
working hours, regardless of the day of the
week, must be considered hours worked. If a TT&E participant is directed to travel to
another city, but returns home that evening, all travel time, less the TT&E participant's
normal commute, will be considered time worked.
The employer can direct when the TT&E participant should travel. This may sometimes
involve a cost-benefit analysis. For example, it may be cheaper to pay travel time on a
Saturday if the cost for the airfare is less for staying over on a Saturday night. This
travel time may be overtime if the TT&E participant is eligible per the appropriate labor
agreement/personnel policy.
The employer can change work hours for non-union TT&E participants in order to
schedule around a TT&E event. For bargaining unit employees, the applicable labor
agreement should always be reviewed.
Exempt employees will be paid their normal salary. Travel time outside the normal work
schedule is not paid, under any circumstances, to exempt employees.
18.10 EXCEPTIONS
Exceptions to this policy may be allowed, with prior approval of the Training Officer and
the City Administrator, for unique circumstances, cost saving alternatives, or to provide
for reasonable accommodations for the physical or medical needs of a TT&E
participant.
18.11 EDUCATION POLICY
Any employee who is interested in pursuing further job related training and education
opportunities could independently pursue these opportunities under the city's education
policy. An employee can take a course at an accredited college/vocational school, and
apply for reimbursement for tuition costs per the policy. In addition, these courses
would be taken on the employee's own time.
Tuition/Book Reimbursement: The City encourages its employees to participate in
continuing education in order to improve job performance in their present positions, and
to prepare for advancement within the City through self-development. In furtherance of
Resolution No. 00-43
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said goal, the City will reimburse an employee for the payment of tuition and the purchase
of books when all of the following conditions have been met:
a) The course be taken at an accredited college or university, an accredited
vocational institution, or is an approved adult education program;
b) The employee submit an Education Reimbursement Application form to
his/her Department Head prior to the commencement of the course. The
request for approval shall state, at a minimum:
. The name of the college, vocational institution, or adult education course
being attended;
. The starting date of the course;
. The estimated completion date of the course;
. An inclusive description of the course, its educational content, and the
manner in which this course relates to the employee's current position, or
an immediate promotional position to which the employee may advance;
. The identification of availability and source of other assistance which the
employee is eligible to receive by virtue of enrolling in this educational
program;
. The number of credits for which the course has been approved;
. Whether the course will be taken at a time other than the employee's
regular work hours, or whether the employee will need to use leave in order
to attend the course; and
. Once the form has been approved, it will be returned to the employee. Only
after the form is returned and signed, is the employee authorized to
proceed. The employee shall return the form, along with receipts and grade
reports, upon completion of the course.
The above information can be provided on the Education Application form or
attached to the form.
c) All courses approved for tuition and book reimbursement must be job related;
d) The Department Head shall forward the employee's request to the City
Administrator or designee;
e) Within 30 days following receipt of the request, the City Administrator or designee
shall respond to the request, including whether the request is approved or denied.
Reasons for denial shall be specified, and may include, but not be limited to:
unavailability of funding, the course or program is not reasonably related to the
employee's job performance or
knowledge, or does not develop skills reasonably necessary for his/her position;
f) Upon receiving a C or better for the course, and presentation to the City of a paid
receipt for the cost of tuition and books, the City shall reimburse to the employee
those amounts for which he/she has not already received reimbursement through
another source as specified in item b), above. The employee shall submit
documentation showing the grade obtained for the course, receipts showing
payment for the cost of tuition and books, a voucher for reimbursement, and the
original approved Education Reimbursement application form. If the employee is
approved for a pass/fail course, reimbursement will be processed upon
documentation of passing the course;
g) No reimbursement will be made, under any circumstances, for the cost of
Resolution No. 00-43
Page 25
supplies, student memberships, student health coverage, activity fees or costs,
transportation to or from school, parking, or any other charges for which the
employee became liable while attending school;
h) All tuition and book reimbursement is subject to the availability of budgeted funds;
i) No employee may receive in excess of $1,500 tuition/book reimbursement in any
one calendar year. The City Council may waive this limitation in unusual
circumstances where it is determined that there is a justifiable City need for an
employee to take additional schooling; and
j) Employees who receive tuition/book reimbursement, and who do not complete
at least two (2) years of employment with the City after such reimbursement, will
be required to repay the reimbursement on a pro-rated basis for the two (2)
years.
The pro-ration schedule for repayment will be as follows:
Up to 6 months after course ends, full repayment
6 to 12 months after course ends, 75% repayment
12 to 18 months after course ends, 50% repayment
18 to 24 months after course ends, 25% repayment
After 24 months---no repayment
Educational Leave Time:. Where an employee is engaged in advanced education, the
employee may request approval of his/her Department Head in order to use
compensatory leave, or annual leave, time in order to attend a course given during the
employee's regular working hours.
18.12 BUSINESS TRAVEL AND EXPENSES (NON-EDUCATIONAL) AND
AUTOMOBILE FRINGE BENEFITS
Miscellaneous Expenses: An employee shall be reimbursed for his/her actual out-of-
pocket expenses expended for approved purchases on behalf of the City. Such expenses
will be subject to the guidelines established in Section 16.
Automobile Fn'nge Benefits: Department Heads issued cars are required to commute to
and from work in the City vehicle. Other authorized use of city vehicles is defined as
travel to and from city-related meetings, seminars, or other City functions.
Income will be determined according to IRS guidelines, and will be considered taxable
income and reported on the W-2 for any personal benefit, including commuting.
Monthly allowances and per-mile allowances are considered
taxable income and will be included on the W-2 form. It is the employee's responsibility
to maintain records for any deductions from this income due to miles driven, gas
purchased, or expenses incurred.
Clearly marked police and fire vehicles are considered exempt under IRS guidelines
and, therefore, will have no additional income for automobile fringe benefits derived
from the use of City-owned vehicles.
The City considers automobile fringe benefit income paid monthly, and must withhold
state and federal income taxes from this income.
Resolution No. 00-43
Page 26
18.13 COMMITTEE MEMBERSHIP
Employees who are considering participation on a committee for a professional
organization, or some other work-related task, shall notify the Training Officer prior
to accepting appointment to the committee. The Training Officer shall also be notified if
an employee is considering becoming a Board member of a professional organization.
SECTION 19. NEPOTISM POLICY
19.1 Relatives of current City employees and City Council members are not
eligible for employment in job classifications in which a conflict of interest may occur.
Therefore, relatives will not be hired where:
(a) one relative would have the authority or practical power to supervise, appoint,
remove, or discipline the other;
(b) one would be responsible for auditing the work of the other;
(c) other circumstances exist which would place the relative in a situation of
actual or reasonably foreseeable conflict between the City's interests and their own;
and
(d) where the applicanUCity 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 applicantJemployee and
the relative would create an appearance of improper influence or favor or would
jeopardize the confidentiality of data maintained by the City.
19.2 The City is not obligated to give special treatment, such as preferential
scheduling, to married couples.
19.3 Definitions
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.
Employee: Anyone employed in a full- or part-time regular status position, or in a
seasonal, temporary, or paid on-call firefighter position.
19.4 Persons employed prior to December 2, 1998, who are presently working
in a position that would be in conflict with this policy, will be exempted from this policy.
19.5 Whenever any appointed officer or employee becomes related, either by
marriage or adoption, to another officer or employee in one of the relationships
previously listed in this policy, the affected officer(s) and/or employee(s) shall be
allowed to remain in his/her position(s) for a period of one year from the date on which
the affected person (s) became related. During the one year period, the affected
person(s) shall be permitted to apply for a transfer to any available position with the City
which is both comparable in salary and benefits to the position which the affected
person(s) holds, and for which the affected person(s) is qualified, the term "comparable
in salary and benefits" shall mean monetary compensation of up to ten percent (10%)
less or more than the person's current monetary compensation. Any such transfer must
Resolution No. 00-43
Page 27
be completed within the one-year period provided in this section. If the affected
person(s) has not complied with the requirements of this section within the one year
period established herein, where one or more of the affected person(s) is an elected or
appointed officer, and the remaining person(s) is an employee of the City, the City
Administrator shall recommend termination of the employee(s); and where the affected
persons are employees, the City Administrator shall recommend tenmination the
affected person(s) with the shortest length of employment with the City. This provision
applies to all positions of the City.
19.6 Nothing herein shall be interpreted as requiring an employee at the time of
an election to be discharged because a relative described herein has been elected an
officer of the City.
SECTION 20. OFFENSIVE BEHAVIOR
It is the City's policy to maintain a working environment free from offensive or
degrading remarks or conduct. Such behavior includes inappropriate remarks about the
employee's race, color, creed, religion, national origin, sex, marital status, disability,
sexual orientation, age and status with regard to public assistance. Offensive behavior
prohibited by this policy also includes requests to engage in illegal, immoral or unethical
conduct.
One specific kind of illegal behavior is sexual harassment. Sexual harassment,
which can consist of a wide range of unwanted sexually directed behavior, is defined as:
1. Unwelcomed and unwanted sexual advances;
2. Requests or demands for sexual favors;
3. Verbal abuse or kidding that is sexually-oriented and considered
unacceptable by another individual;
4. Any type of sexually-oriented conduct that would interfere with another's
work performance;
5. Creating a work environment that is intimidating, hostile, or offensive
because of unwelcomed or unwanted sexually-oriented conversations, suggestions,
requests, demands, physical contacts or attentions.
Any person who feels he or she is being subjected to offensive behavior of any
kind should feel free to object to the behavior and should also report the behavior to
either his/her Department Head or the City Administrator.
All allegations of offensive behavior will be investigated promptly, fairly and
completely. The facts shall determine the response to each complaint. Each situation will
be handled discreetly. In the event that the offensive behavior reoccurs, it should
immediately be reported to either of the persons named above.
Employees should understand that this policy applies to each and every employee
of the City, including management and all full-time, part-time, and temporary employees.
No retaliation or intimidation directed towards anyone who makes a complaint will be
tolerated.
Resolution No. 00-43
Page 28
Any employee found guilty of engaging in offensive behavior (as defined above), or
of perpetrating sexual harassment shall be subject to disciplinary proceedings per Section
8 of this resolution.
SECTION 21. ELECTRONIC MEDIA USAGE POLICY
21.1 This City of Cottage Grove electronic media usage policy is designed to provide
clear guidelines to City of Cottage Grove employees regarding access to, and
disclosure of, computer, network, telephone and facsimile systems. City 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 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
21.2 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 Personnel Office.
21.3 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. Electronic media may not be
used for personal use relating to political, religious, or personal financial profit.
Resolution No. 00-43
Page 29
21.4 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.
21.5 Individual Privacv
The City routinely monitors usage patterns for both voice and data communications.
Reasons include cost analysis/allocation, assurance of system security and compliance
with City policies. The City also reserves the right, in its discretion, to review any
employee's electronic files, messages and usage to the extent necessary to ensure that
electronic media and services are being used in compliance with the law and with this
and other City policies. Employees should therefore not assume electronic
communications are totally 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.
21.6 Copvriahts
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.
21.7 Passwords/Security
The MIS Coordinator, City Administrator and Finance Director reserve the right to
override passwords and codes at any time. If any of those people request the
employee's password(s), then the password(s) must be disclosed. If passwords are
requested, the passwords will be kept in a safe place. Any password used on the
system shall be used for the protection of the City of Cottage Grove, 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
Resolution No. 00-43
Page 30
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.
21.8 Excessive UsaQe
Electronic media and services should not be used in a manner that is likely to cause
network congestion or significantly hamper the ability of other people to access and use
the system. Continued impedance of other users through mass consumption of system
resources, after receipt of a request to cease such activity, is prohibited. The willful or
careless introduction of programs known as computer viruses, Trojan Horses and
worms into the City's network or into any external networks or computers can cause
such excessive computer usage or even damage a system and so would be a violation
of this policy.
21.9 Questions ReQardinQ 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 MIS Coordinator for the City is to insure the integrity of
city data (an asset). Therefore, the MIS Coordinator, in consultation with the Finance
Director, 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 MIS
Coordinator. Final authority for this Acceptable Use Policy lies with the City Council.
21.10 Policy Violations
The City Administrator, Assistant City Administrator and/or an employee's direct
supervisor, or their designees will review alleged violations of this city policy on a case-
by-case basis. The MIS Coordinator and/or Finance Director may be consulted for
technical assistance in investigating a complaint. Clear violations of the policy which
are not promptly remedied may result in the expulsion of the offending employee from
city network services in addition to disciplinary action. consistent with the Personnel
Policy or appropriate bargaining unit agreement.
SECTION 22. 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 or disability.
SECTION 23. SAVINGS CLAUSE
Resolution No. 00-43
Page 31
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 judgement 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.
Passed this 15th day of March 2000.
John D. Denzer, Mayor
Attest:
Caron M. Stransky, City Clerk
H:\Documents in Progress\Personnel Policy Resolution.doc
PERSONNEL HANDBOOK
FOR EMPLOYEES OF
THE CITY OF SHAKOPEE
Adopted By:
Shakopee City Council
Resolution No. 4213
May 2, 1995
(This supersedes all previous personnel policies.)
Amended by Res. 4335, adopted 6/20/95
Res. 4332, adopted 11/8/95
Res. 4367, adopted 2/20/96
Res. 4420, adopted 4/2/96
Res. 4736, adopted 9/16/97
Res. 4788, adopted 11/5/97
Res. 4890, adopted 04/21/98
Res. 5267, adopted 11/16/99
Res. 5353, adopted 5/2/00
Res. 5457, adopted 12/5/00
Res. 5467, adopted 12/19/00
TABLE OF CONTENTS
INDEX
I. PURPOSE.
A. Goal...
B. Employees at Will.
C. Equal Employment Policy.
D. Application and Conflicts.
II.
III.
IV.
PAGE NO.
1-1
1-1
1-1
1-1
1-1
DEFINITIONS
A. Employee
B. Exempt Employee.
C. Full-Time Employee
D. Probationary Employee
E. Non-Exempt Employee.
F. Part-Time Employee
G. Position.....
H. Regular Employee .
I. Temporary Employee
J. Intermittent Employee.
II-1
II-1
II-1
II-1
II-1
II-2
II-2
II-2
II-2
II-2
II-2
COMPENSATION
A. Amount.
B. Base Pay
C. Comparable Worth
D. Paydays..
E. Performance Evaluation
F. Compensatory Time and Overtime
1. Non-Exempt Employees. .
2. Temporary and Part-Time Employees
3. Exempt Employees.
G. Pay Periods. . . . . .
H. Deferred Compensation.
I. Retirement Benefits.
III-1
III-1
III-1
III -1
III-1
III-1
III-2
III -2
III-2
III-2
III -2
III -2
1II-3
BENEFITS. . . .
A. Eligibility.
B. Insurance.
C. Continuing Education
1. Conferences and Seminars.
a. In General. ....
b. Non-Department Heads
c. Meals . . . . . . . .
d. Travel and Lodging. .
e. Excluded Expenditures
2. Employee Tuition Policy.
a. Pre-Approval. . . . .
b. Satisfactory Completion
c. Time Off.
D. Membership Fees. . .
IV-1
IV-1
IV-1
IV-2
IV-2
IV-2
IV-2
IV-3
IV-3
IV-3
IV-3
IV-3
IV-4
IV-4
IV-4
i
V.
HOLIDAYS AND LEAVES.
A. Eligibility.
B. Holidays.
Holiday Celebrated
Floating Holiday
C. Vacation Leave .
1 . Amount.
2 . Measurement
3. Accumulation.
4 . When Taken.
5. Exempt Employees.
D. Sick Leave .
1. Accrual.
2. Use of Sick Leave
a. For the Employee
b. For a Child
c. For a Spouse.
d. For Other Relatives.
e. Bereavement Leave.
3. Proof.
4. Family and Medical Leave.
a. Purpose.
b. Eligible Employees .
c. Circumstances Covered by Family Leave.
d. Serious Health Condition
e. Length of Leave.
f. Leave Year.
g. Notice.
h. Medical Certification.
i. Use of Accrued Sick Leave,Vacation Leave
& Compensatory Time.
j. Both Spouses Employed by City.
k. Insurance Continuation
1. Premium Reimbursement.
m. Status of Benefits .
n. Key Employees/Return to Work
o. Intermittent Leave.
p. Return to Work.
q. Affect on the Unpaid Leave Policy.
r. When policies Conflict
s. General Summary.
5. Conversion.
E. Bone Marrow Donor Leave.
F. Parenting Leaves .
1. Birth or Adoptive Leave
a. Eligible Employees
b. Notice.
c. Start of Leave.
d. Length of Leave.
e. Use of Accrued Sick Leave, Vacation Leave
ii
V-I
V-I
V-I
V-I
V-I
V-2
V-2
V-2
V-2
V-2
V-3
V-3
V-3
V-3
V-3
V-3
V-4
V-4
V-4
V-4
V-4
V-4
V-5
V-5
V-5
V-5
V-6
V-6
V-6
V-6
V-6
V-6
V-7
V-7
V-7
V-8
V-8
V-8
V-8
V-8
V-8
V-9
V-9
V-9
V-9
V-9
V-9
V-9
G.
H.
I.
J.
&/or Compensatory Time
f. Insurance Continuation
g. Status of Benefits .
h. Return to Work .
i. Impact of Family Medical Leave Act
2. School Conference and Activities Leave.
Voting Leave .
Jury or Witness Duty
Military Leave .
Leaves Without Pay .
1. Short Leave.
2. Regular Unpaid Leave of Absence
Absence Without Leave.
K.
VI.
EMPLOYEE CONDUCT.
A. Appropriate Conduct.
1. Teamwork.
2. Courtesy.
3. Appropriate Conduct & Appearance.
4. Affirmative Action.
5. Sexual Harassment Policy.
a. Policy.
b. Definition.
c. Supervisory and Administrative
Responsibility .
d. Employee Responsibility.
e. Complaints.
f. Investigation and Resolution
g. Internet and E-Mail.
6. Internet Use policy
7. E-Mail policy.
8. Smoking Policy.
a. Police Department.
b. Fire Department.
c. City Vehicles.
9. Drug and Alcohol Policy
a. In General
b. Reporting.
c. Subj ect to Testing
i. Routine Physical Examination
Testing .
ii. Random Testing.
iii. Reasonable Suspicion Testing.
iv. Treatment Program Testing
d. Testing Procedure.
e. Testing Laboratory
f. Test Results.
g. Discipline.
h. Confidentiality.
8. Lawsuits Against the City
iii
V-9
V-IO
V-IO
V-IO
V-IO
V-IO
V-ll
V-ll
V-ll
V-ll
V-ll
V-12
V-12
VI-l
VI-l
VI-l
VI-l
VI-l
VI-3
VI-3
VI-3
VI-3
VI-4
VI-4
VI-4
VI-4
VI-S
VI-S
VI-8
VI -11
VI - 11
VI - 11
VI -11
VI - 11
VI -11
VI-12
VI-12
VI-12
VI-12
VI-12
VI -13
VI-13
VI-13
VI - 13
VI-14
VI-IS
VI-IS
B.
Work Hours and Rest Periods.
1. Work Hours. . . . . . .
2. Rest Periods. . . . . .
Emergency Closing of City Facilities
Use of City Property
1. City Property.
2. City Telephones
3. City Vehicles.
4. City Name. . .
5. Employee Identification Cards
Personal Activities. . . . .
1. Use of Personal Vehicle
2. Outside Employment. .
3. Soliciting......
4. Political Activities.
Conflicts of Interest. .
1. In General. . . . . .
2. Participation in Federal Projects
Protected Information. . . . . .
1. Disclosure of Information by Employees.
2. Release of Protected Information
3. Personnel Files
Safety . . . . . . . . .
1. In General. . . . .
2. Hazardous Substances.
3. Accidents...
4. Traffic Tickets.
C.
D.
E.
F.
G.
H.
VII. GRIEVANCES AND DISCIPLINE.
A. Grievance Policy
1. In General. . . .
2. Procedure....
a. Grievance Brought by Employee.
b. Investigation.
c. Resolution
d. Appeal..
B. Disciplinary Policy.
1. In General. . .
2. Temporary and Probationary Employees.
3. All Other Employees
4. Just Cause. . . . . . . . . .
5. Disciplinary Action Steps for Employees
Other Than Temporary & Probationary
Employees. . . . . .
a. Oral Reprimand . .....
b. Written Reprimand. .....
c. Suspension or Other Disciplinary
Action. . . . . . . . . . .
i. Suspension With or Without Pay.
ii. Other Disciplinary Actions.
iv
VI-15
VI-15
VI-15
VI-15
VI-16
VI-16
VI-16
VI-16
VI-16
VI-17
VI - 1 7
VI-17
VI-17
VI-17
VI-17
VI-17
VI-17
VI-18
VI-18
VI-18
VI-19
VI-19
VI-19
VI-19
VI-19
VI-20
VI-20
VII-1
VII-1
VII-1
VII-1
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VII-1
VII-1
VII - 1
VII-2
VII - 2
VII - 2
VII - 2
VII - 3
VII-3
VII - 3
VII - 3
VII - 3
VII-3
VII -4
6.
d. Discharge.
Hearing
VII - 4
VII - 4
VIII. APPOINTMENTS.
A. In General
B. Affirmative Action Policy.
C. Promotion.
D. Interim or Acting Appointments
E. Applications.
F. Selection and Hiring
G. Pre-employment Exams
H. Accrued Leave.
I. Probationary Employees
1. Probationary Period
2. Extension.
3. Discharge.
4. Completion.
J. Temporary Employees.
K. Family Conflicts
VI II -1
VI II-1
VII I -1
VI II - 1
VIII -1
VI II - 2
VIII-2
VIII-3
VI II - 4
VI II - 4
VI II - 4
VIII-4
VIII -4
VI II - 4
VI II - 5
VI II - 5
IX. SEPARATION
A. Duration of Employment
B. Resignation.
1. Procedure.
2. Unauthorized Absence.
C. Retirement.
D. Severance Pay.
E. Lay-offs.
1 . Procedure
2. Benefits.
3. Return to Work.
4. Termination of Position
F. Discharge as Discipline.
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v
PERSONNEL HANDBOOK FOR EMPLOYEES OF THE CITY OF SHAKOPEE
I PURPOSE.
This Handbook is established to provide a uniform and equitable
system of personnel administration for employees of the City.
A. Goal. The goal of the personnel policies of the City
is to establish a career service and draw into this
service the best qualified individuals, making their
employment attractive through fair and equitable
treatment, thereby providing Shakopee with the best
possible service at the most reasonable cost.
B. Employees at Will. Temporary employees, and
probationary employees, as defined and described below,
are employees at will. The City Council reserves the
right to discharge these employees at any time for any
reason or for no reason at all. The provisions of this
handbook do not establish terms and shall not be
construed as contractual provisions for temporary
employees, or probationary employees. No supervisor or
City representative has any authority to enter into any
agreement for employment for any specific period of
time, or to make any agreement contrary to the at-will
doctrine. Nothing in this Personnel Handbook, or in
other City policies which may be communicated to the
employee, constitutes a contract of employment for
temporary employees, or probationary employees.
C. Equal Employment Policy. The City of Shakopee is an
equal opportunity employer. The City of Shakopee will
not discriminate against nor harass any employee or
applicant for employment because of race, color, creed,
religion, national origin, sex, marital status, status
with regard to public assistance, disability, sexual
orientation, or age, unless such discrimination is
based on a bona fide occupational qualification.
D. Application and Conflicts. This handbook shall apply
to all employees when adopted, except union employees.
It shall apply to all union employees after their next
contract has been adopted, except where the union
contract differs. The personnel policies in effect
prior to the adoption of this handbook shall apply to
all union employees prior to adoption of their next
contract. In the event of conflict between this
I-1
handbook and any collecti ve bargaining agreement,
personal services contract, civil service commission
rule, City ordinance, or state or federal law, the
terms and conditions of that contract, rule, or law
shall prevail. A department may adopt stricter rules
than those included herein, which shall govern over
less restrictive provisions of this handbook.
1-2
II DEFINITIONS.
For purposes of this Handbook, the following terms shall have the
following definitions when used herein.
A. Employee - Means any individual who works for the City
except the following:
1. Elected officials,
2.
Members of
committees,
City
boards,
commissions
and
3. Independent contractors, and
4. Others not regularly employed in paid positions,
such as volunteers.
B.
Exempt Employee Means
regulation by the Federal
including the following:
an employee exempt
Fair Labor Standards
from
Act,
1. City Administrator
2. Community Development Director
3. EDA Coordinator
4. Facility Manager
5. City Clerk
6. Finance Director
7. Planner II
8. Police Chief
9. Deputy Chief of Police
10. Director of Public Works/City Engineer
11. Assistant City Engineer
12. Park & Rec Director
13. Any other employee identified by the City Council
as an exempt employee.
c.
Full-Time
scheduled
work week
Employee
to fill a
of at least
Means an employee normally
position with an on-going regular
forty (40) hours.
D. Probationary Employee - Means an regular employee who
has been first hired, promoted, transferred, re-
employed, or reinstated to a position within the past
six months.
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H.
I.
E. Non-Exempt Employee - Means an employee who is subject
to regulation under the Federal Fair Labor Standards
Act, specifically, all employees other than those
listed above as Exempt.
F.
Part-Time Employee
fill a position with
forty (40) hours.
Means an employee scheduled to
a regular work week of less than
G.
Position Means a specific
performance of certain duties
responsibilities.
for the
certain
job,
and
calling
having
Regular Employee Means an employee who is
to a budgeted on-going position after
completion of a probationary period.
appointed
successful
Temporary Employee Means
either full-time or part-time;
time, normally not to exceed
work, special projects, or
periods.
an employee who
appointed for a
six months, for
during heavy
may be
limited
seasonal
workload
J. Intermittent Employee Means an employee who works
occasionally or on-call for an indefinite time; under
the same terms and conditions as temporary employment.
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III COMPENSATION.
A. Amount. Employees of the City shall be compensated
according to the schedule established by the City
Council. An increase in pay to the next higher step
of a pay range shall be made on the annual anniversary
date of hire, for employees not at the top step. This
shall remain until such time as there may be a
reclassification or promotion. In that case, the new
date for step changes shall be on the anniversary of
the effective date of the reclassification/promotion.
The wages or salary so established is the total
remuneration for employment; however, the City may
provide allowances for uniforms and cars, and
reimbursement for official travel, insurance, or other
expenses incurred in the conduct of official business
in accordance with City policy.
B. Base Pay. The pay schedule established by the City
Council establishes the base pay for each position.
Compensation for overtime, benefits, longevity, shift
differentials, and other items are in addition to the
base pay. For the purpose of calculating overtime for
police officers, base pay shall include detective pay
as well as longevity or performance pay, whichever is
applicable.
C. Comparable Worth. Employee compensation shall be
based, to the extent practicable, on the value of work
measured by the skill, effort, responsibility, and
working conditions normally required in the performance
of the work.
D.
Paydays.
alternate
employees
day.
Employees normally shall be paid bi-weekly on
Thursdays. When a payday falls on a holiday,
shall receive their pay the preceding work
E. Performance Evaluation. The performance of City
employees shall be evaluated at least annually for the
purpose of communicating strengths and weaknesses to
the employee, as they relate to fulfilling the position
duties and responsibilities.
III-I
F. Compensatory Time and Overtime.
1. Non-Exempt Employees. Non-exempt employees shall
be compensated for work their supervisor requires
them to undertake in excess of 40 hours per week.
Hours taken as sick leave, vacation leave, or
holiday are considered hours worked. The
compensation shall be in cash or compensatory time
at one and one-half times their regular rate of
pay. Although the employee generally may choose
whether to receive the cash or compensatory time,
the City Administrator may override the employee's
choice.
An employee's department head may require the
employee to take compensatory time off within a
specified time frame. A maximum of 40 hours of
compensatory time off may be accumulated, and any
additional overtime shall be paid in cash. The
City Administrator may authorize accumulating
compensatory time beyond the 40-hour maximum, but
may require that the employee take time off within
a limited time period to reduce the balance of
compensatory time off to the 40-hour maximum.
2. Temporary and Part-Time Employees. Temporary and
part-time employees shall not be allowed to take
compensatory time off; rather, overtime shall be
paid for work performed in excess of 40 hours per
week as required by the Federal Fair Labor
Standards Act.
3 . 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 40 hours per week,
some during the regular work day, and some outside
those hours.
G. Pay Periods. The pay period for all employees shall be
a fourteen (14) day period beginning on Monday at 12:01
a. m. and continuing to the second following Sunday at
12:00 a.m. (midnight).
H. Deferred Compensation. Under the City's deferred
compensation plan, a certain dollar amount can be
withheld from any employee's paycheck and invested for
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payment at a later date, usually at retirement.
Contributions to the program are financed solely by the
employee, through payroll deduction. Participation in
the deferred compensation plan is mandatory for
firefighters, temporary pool employees, and temporary
Public Works employees.
I. Retirement Benefits. Under state law, many City
employees must participate in the Public Employee's
Retirement Association. Retirement benefits accrue
from both employee and employer contributions.
Contributions to the retirement system are mandatory
and are deducted from the employee's salary each
payroll period. Firefighters recei ve retirement
benefits through the Shakopee Fire Department Relief
Association.
1II-3
IV BENEFITS.
A. Eligibility. All regular employees shall become
eligible for and may receive certain benefits, as set
forth below. An employee suspended without pay for
more than one pay period, or on a regular unpaid leave
of absence, shall not be eligible for any benefits and
shall not be allowed to use any benefits other than
group health insurance, life or long term disability
insurance as provided for in the insurance policies.
Part-time employees who do not regularly work 30 hours
or more per week and temporary employees are not
eligible for City benefits other than the continuing
education benefit.
B. Insurance. Long term disability insurance is provided
to all employees. Life insurance is provided to all
employees after thirty (30) days of continuous service.
Major medical and hospitalization insurance are
provided to all qualified regular employees after
thirty (30) days of continuous service. An employee is
required to carry individual coverages, however an
employee may select indi vidual, two-party, or family
coverage.
The City shall make a specified contribution per month
toward the cost of the coverage, and this contribution
may differ depending on the type of coverage selected.
The difference between the actual cost of the selected
coverage and the City's contribution shall be deducted
from the employee's paycheck. For those employees
selecting individual coverage, the amount of any
employer contribution over the cost of medical
insurance may be used for qualified insurance premiums,
eligible flex spending expenses or taken as taxable
compensation subj ect to a maximum set by the employer
annually. The City may choose to segregate retired
employees from other employees for pooling purposes in
determining the premium for insurance as allowed by
state law.
Part-time employees who regularly work 30 hours or more
per week shall receive pro rata insurance benefits.
Suspended employees and employees on a short leave of
absence without pay shall receive insurance benefits as
if they were not suspended or on leave. Employees on a
regular unpaid leave of absence shall receive insurance
IV-l
benefits in accordance with the insurance policy only
if the employee pays the full cost of the insurance.
Employees or dependents may elect "to
hospital or medical insurance coverage
that it would otherwise terminate
federal or state law.
continue life,
beyond the date
as provided by
C. Continuing Education.
1. Conferences and Seminars.
a. In General. The City may pay for conferences
and seminars that the employee's department head
determines will contribute to the better
performance of the employee's job and the City's
business. A conference or seminar is a course
that occurs in one continuous block of time. To
qualify for payment, the employee must secure
the prior approval of the department head, who
should verify that the expenditure is budgeted.
b. Non-department heads must meet the following
criteria:
. To be eligible to attend a national
conference an employees have been employed
as a full-time employee by the City of
Shakopee for one year. Part-time employees
and those employed less than one year are
encouraged to attend state or local
conferences.
· Sufficient money must be available and
budgeted in the departmental line item for
travel and subsistence;
. The department head shall make a
recommendation that there will be a benefit
to the City for the attendance by the
employee at the conference;
. If the non-department employee is also a
non-exempt employee, no overtime
compensation will be paid for the absence
away from the City - only straight time for
the assumed 8 hour work days while
attending the conference; holidays which
occur during the scheduled conference shall
be charged against holiday leave. Use of
sick leave is not permitted.
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. Appropriate receipts must be kept, and all
other travel expenses be documented.
· Attendance by non-department heads shall be
rotated amongst eligible and interested
employees within a division/department,
provided that no non-department head
employee attend a national conference more
frequently than one time every four years.
c. Meals. Meal expenses will be reimbursed upon
submission of receipts up to $35 per day for
conferences and other City business, unless
the City Administrator approves a different
rate. The City Administrator may waive the
requirement of a receipt.
d. Travel and Lodging. Travel and parking
expenses may be paid or reimbursed by the
City. Travel time will not be paid or
reimbursed if the destination is within the
seven county metro area. Regardless of the
number of hours spent at a conference, the
City will reimburse only a regular work shift
per day. The City will pay for coach airfare
when it is estimated that flying is cheaper
than driving. This comparison shall include
the employee's travel time. The City will
pay the single room rate for overnight stays
at conferences. If there is not a designated
hotel for the conference, the employee should
use reasonable judgment in selecting lodging
based on cost, location and quality.
Employees should seek a government discount.
e. Excluded Expenditures. The City will not pay
for alcoholic beverages, entertainment,
personal telephone calls (other than one of
no more than five minutes to home per day for
overnight stays), and other personal items
not specifically designed to benefit the
City. Absences for longer than two weeks may
have additional telephone calls authorized by
the City Administrator.
2. Employee Tuition Policy. The City may reimburse a
regular employee for tuition expenses under
certain circumstances. There shall be no
reimbursement for mileage/parking expense.
Required books, lab fees, and material costs will
IV-3
be reimbursed. Tuition expenses are available for
a course occurring in non-continuous classes over
a period of time.
a. Pre-Approval. Prior to starting a class or
classes, the employee must obtain approval
from the employee's department head and the
City Administrator that the class,
certificate, degree or overall achievement is
job related and that the request is worthy
and would fill a need wi thin the department.
The department head should verify that the
department budget can cover this expense.
b. Satisfactory Completion. The employee shall
provide the department head with proof of
satisfactory completion (i. e., a grade of C
or above in technical school or undergraduate
college; a grade of B or above in graduate
school) of any course requested for
reimbursement, prior to reimbursement.
c. Time Off. If classes are during the regular
work day, a non-exempt employee must take
that time as compensatory time, vacation
time, or leave of absence without pay, or the
employee can seek a flexible scheduling
arrangement approved by the department head.
Classes or course work taken by the employee
must not disrupt or interfere with the normal
departmental operations.
D. Membership Fees. Upon approval of the department head,
the City will pay for membership in professional
organizations where membership is required by law or is
deemed beneficial to the City.
IV-4
I
I
I
I
V HOLIDAYS AND LEAVES.
A. Eligibility. All regular employees may take certain
holidays and leaves, as set forth below. Employees
suspended without pay for more than one pay period, or
on unpaid leave of absence, shall not accrue or be
allowed to use any accrued leave. Except as otherwise
provided below, part-time employees who do not
regularly work 30 or more hours per week and temporary
employees do not accrue and will not be paid for
holidays and leaves. Part-time employees who regularly
work 30 hours or more per week shall receive holiday
pay on a pro rata basis, based on their hours regularly
worked per week divided by 40.
B. Holidays. Regular employees who regularly work 30 or
more hours per week are entitled to time off with pay
on holidays. City offices shall be closed for business
on each such holiday, but employees may be required by
their department heads to work on holidays when the
nature of their duties or other conditions require. An
employee required to work on a holiday shall be paid or
receive compensatory time at the rate of one and one-
half times the employee's base pay, plus the employee's
regular rate of pay for the holiday. When a holiday
falls on a saturday, the preceding Friday is a holiday.
When a holiday falls on a Sunday, the following Monday
is a holiday. If a holiday occurs during an employee's
scheduled vacation, it shall not be counted as part of
said vacation. The following days are paid holidays:
HOLIDAY CELEBRATED
New Year's Day
Martin Luther King1s Birthday
Washington's and Lincoln'S Birthday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Floating Holiday
DATE
January 1
Third Monday in January
Third Monday in Feb.
Last Monday in May
July 4
First Monday in Sept.
November 11th
Fourth Thursday in Nov.
that Friday
December 25th
date selected by each
employee
Floating Holiday may be taken at the request of
employee, with prior approval of the employee's
supervisor and the holiday must be taken by the close
of each payroll year. Floating Holiday may be taken
V-I
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.
Floating holiday shall be taken in not less than eight
hour increments.
On-going part-time or seasonal Public Works, Community
Center, Ice Arena and Aquatic Park employees who are
required to work on any of the 10 (ten) listed holidays
shall be paid at a rate of one and one-half times the
employee's base pay.
c. Vacation Leave.
1. Amount. All regular employees who regularly work
30 or more hours per week shall accrue vacation
leave on a bi-weekly basis. For full-time
employees it shall accrue in accordance with the
following schedule:
0-5 years employment
6-15 years employment
16-20 years employment
21+ years employment
80 hours annually
120 hours annually
160 hours annually
160 hours plus 8 hours
for each year worked over
20, to a maximum of 200
hours
For part-time regular employees it shall be
computed on the basis of (hours compensated for
work per week) divided by (40 hours per week)
times the number of hours specified above.
2. Measurement. Each twel ve months of employment
with the City of Shakopee shall count as one year
of employment for the purpose of vacation leave.
The City Council shall have the option of giving
new employees credit for each twel ve months of
related employment with another employer, which
may be counted as up to one-half year of
employment for the purpose of vacation leave.
3. Accumulation. Employees who have 0-15 years of
employment may accumulate no more than 240 hours
of vacation leave. Employees who have 16 or more
years of employment may accumulate no more than
360 hours of vacation leave. In extraordinary
circumstances the City Administrator may approve
the temporary accumulation of hours above the
applicable cap.
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4. When Taken. Vacation leave may be used no sooner
than the next pay period after earned, subject to
approval by the department head.
5. Exempt Employees. Exempt employees shall accrue
vacation leave on a bi-weekly basis like all other
employees. However, those exempt employees whose
normal job requirements include attendance at
council, commission, or board meetings outside the
regular work day shall accrue vacation in
accordance with the following schedule:
0-5 years employment
6-15 years employment
16-20 years employment
21+ years employment
120 hours annually
160 hours annually
200 hours annually
200 hours plus 8 hours
for each year worked over
20, to a maximum of 240
hours
D. Sick Leave.
1. Accrual. All regular employees who regularly work
30 or more hours per week shall be entitled to
sick leave with pay. This leave shall accrue at
the rate of 3.69 hours on a bi-weekly basis. An
employee may accumulate no more than 960 hours of
sick leave.
For part-time regular employees, sick leave shall
computed on the basis of (hours compensated for
work per week) divided by (40 hours per week)
times 3.69 hours per two week period.
2. Use of Sick Leave.
a. For the employee. Sick leave may be
authorized by the department head for an
employee not on any other leave when the
employee is unable to perform work duties due
to illness, disability, the necessity for
medical, dental, or chiropractic care,
childbirth or pregnancy disability, or
exposure to contagious disease where such
exposure may endanger the heal th of others
with whom the employee would come in contact
in the course of performing work duties.
Illness or injury occurring while an employee
V-3
is on vacation shall not be charged to sick
leave, but shall remain as vacation.
b. For a child. Employees may use sick leave
for the illnesses of their children under the
age of 18 (or who is incapable of self-care
because of a physical or mental disability)
for such reasonable periods as the employee's
attendance with the child may be necessary.
c. For a spouse. Employees may use sick leave
for the care of a spouse, who has a serious
health condition, subject to the conditions
listed below.
d. For other relatives. Sick leave also may be
granted for a maximum of three consecutive
work days for each serious illness of the
employee's adult child, sibling, parent,
father-in-law, mother-in-law, son-in-law,
daughter-in-law, grandparent, grandchild, or
any relative residing permanently with and
dependent upon the employee.
e. Bereavement Leave. Sick leave may be granted
for a maximum of three consecutive work days
as bereavement leave for each occurrence of
death of the spouse, death of any relative
residing permanently with and dependent upon
the employee, or death of any child, parent,
sibling, grandparent, or grandchild of the
employee or of the employee's spouse.
3. Proof. To be eligible for sick leave with pay, an
employee shall: (a) report as soon as possible
(and in any event within one hour of the start of
the employee's workday) to the employee's
department head the reason for the absence for
each day of absence; and (b) keep the department
head informed of the sick person's condition, and
submit a medical certificate or other evidence
from a physician for any absence if required by
the City Administrator.
4. Family and Medical Leave.
a. Purpose. The Family Medical Leave Act (FMLA)
is intended to balance the demands of the
workplace with the needs of families, to
V-4
promote the stability and economic security
of families, and to promote national
interests in preserving family integrity. It
is intended to benefit employees as well as
employers by providing up to twelve (12)
weeks of unpaid, job protected leave for the
birth of a child, adoption, foster care and
certain family and medical reasons.
b. Eligible Employees. Eligible employees are
those who have:
1. Been employed by the City of Shakopee for
at least one year; and
2. Worked a minimum of 1250 hours within the
previous twelve (12) month period.
c. Circumstances Covered by Family Leave. FMLA
leave will be granted to an eligible employee
for any of the following reasons:
1. To care for their child (birth, or
placement for adoption or foster care
with the employee);
2. To care for their spouse, son or
daughter, or parent, who has a serious
health condition; or
3. For a serious health condition that makes
an employee unable to perform their job
duties.
d. Serious Health Condition. A serious condition
is defined as any illness, injury,
impairment, or physical or mental condition
that requires:
1. Inpatient care in a hospital, hospice or
residential medical care facility; or
2. Prenatal care; or
3. Any period of incapacity requiring
absence from work, school or other
regular activities, of more than three
calendar days, that also involves
continuing treatment by, or under the
supervision of, a health care provider;
or
4. Continuing treatment by, or under the
supervision of, a health care provider
for a chronic or long-term condition that
is incurable or so serious that, if not
treated would likely result in a period
of incapacity of more than three calendar
days.
V-5
e. Length of Leave. Family/Medical Leave shall
be taken simultaneously with the Minnesota
Parenting Leave. The length of FMLA leave is
not to exceed twelve (12) weeks in any twelve
(12) month period. The entitlement of FMLA
leave for the birth or placement of a child
expires twelve (12) months after the birth or
placement of the child.
f.
Leave Year.
first day the
FMLA leave.
The leave year will begin the
employee is absent from work
on
g. Notice. Employees must give the City at
least 30 days advance notice if the leave is
foreseeable. If leave must be taken in less
than 3 days, the employee should give as much
notice as is practicable.
h. Medical Certification. Employees must
provide a medical certification if the
employee will be using unpaid leave and the
leave is for the serious health condition of
a child, spouse, parent or the employee. A
"Certificate of Physician of Practitioner"
form can be obtained from the
Payroll/Benefits Coordinator. It is to be
completed by the attending physician or
practitioner. A "Certificate of Physician or
Practitioner" is not required if the employee
will be using paid leave for the duration of
the FMLA leave, or the employee is on
workers' compensation.
The City may require a second or third
medical opinion at the City's expense.
i. Use of Accrued Sick Leave, Vacation Leave &
Compensatory Time. Employees may choose to
use accrued sick leave, vacation leave and/or
compensatory time while on FMLA leave, but
will not be required to do so by the City.
The use of sick leave, vacation leave and/or
compensatory time occurs simultaneously with
FMLA leave and does not extend the length of
FMLA leave.
V-6
Use of approved FMLA leave - whether paid or
unpaid - will not constitute a break in
service for purposes of computing years of
service.
j. Both Spouses Employed by City. When both
spouses are employees of the city, each
spouse may take up to 12 weeks of FMLA leave
per leave year. The leave may run
simultaneously.
k. Insurance Continuation. During a period that
an eligible employee takes leave under this
Section, the City shall maintain coverage
under the City's group health plan for not
more than a total of 12 weeks. These
benefits will be maintained under the same
conditions, and at the same level of City
contribution, as before the employee goes on
leave. If there are changes to the City's
contribution levels and/or premium rates
while the employee is on leave, those changes
will take place as if the employee were still
on the job. The employee will be required to
continue payment of the employee portion of
the health care and/or other insurance
coverages they choose to continue. During
such time as FMLA leave is paid, the City of
Shakopee will continue to collect the
employee's share of the premium through
payroll deductions.
The employee may choose not to retain health
care or other insurance coverages during FMLA
leave. When the employee returns from leave,
they will be reinstated on the same terms as
prior to taking leave, without any qualifying
period, physical examination, exclusion of
preexisting conditions, or other requirement.
1. Premium Reimbursement. The employee will be
required to reimburse the City for any
premiums paid during the leave if the
employee does not return to work for a
minimum of 30 calendars days, unless the
employee cannot return to work due to the
continuation of a serious health condition of
the child, spouse, parent or employee, or due
to other circumstances beyond the control of
the employee.
V-7
m. Status of Benefits. The employee will not
accrue benefits such as vacation and sick
leave while on unpaid FMLA leave. Employees
using a combination of paid and unpaid leave,
or intermittent unpaid leave, will accrue
benefits on a pro-rated basis. Employees
using paid leave will continue to accrue
benefits.
n. Key Employees/Return to Work. A key is
defined as a salaried employee who is in the
highest 10% of all employees. Key employees
may be denied reinstatement to the same or an
equivalent position after a leave if the
denial is necessary to prevent substantial
economic injury to the City's operations.
o. Intermittent Leave. Leave may be taken
intermittently or on a reduced schedule if
medically necessary. If not medically
necessary, department head and City
Administrator approval is required. The City
may require the employee to transfer to an
alternative position of like status and pay
while on intermittent leave. If leave is
taken intermittently, it will not effect the
status of an exempt employee under the Fair
Labor Standards Act. All requests for
intermittent leave will be evaluated on a
case-by-case basis.
p. Return to Work. An employee returning to
work from FMLA leave is, entitled to the same
position he/she held when the leave began, or
to an equivalent position, with equivalent
benefits, pay and other terms and conditions
of employment.
The employee will be required to submit a
fitness for duty report prior to returning to
work if FMLA leave was for the employee's own
serious health condition.
q. Affect on the Unpaid Leave of Absence Policy.
This policy is not intended to conflict with
the City's Unpaid Leave of Absence policy.
That policy will continue to apply in
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situations which are not addressed by the
FMLA.
r. When Policies Conflict. Where provisions of
other city policies are in conflict with the
Family Medical Leave Act, those policies
which are most beneficial to the employee
will apply.
s.
General Summary. This policy is
be a general summary of the law.
situation will be evaluated on a
basis.
intended to
Each
case-by-case
5. Conversion. Employees who have accumulated more
than 160 hours of sick leave may elect to convert
a portion of their sick leave to vacation leave.
Such conversion shall be limited to sixty hours of
sick leave, and may be converted at a rate of
three hours of sick leave to one hour of vacation
leave. If an employee elects to convert sick
leave, the election must be in writing and be made
once each payroll year at a time and manner
established by the City Administrator.
E. Bone Marrow Donor Leave. As prescribed by Minn. Stat.
Sec. 181.945, certain employees are eligible to take
paid leave to undergo medical procedures to donate bone
marrow.
F. Parenting Leaves.
1. Birth or Adoptive Leave Policy. As prescribed by
Minn. Stat. See 181.940 - 181.944 certain employee
are provided with up to six (6) weeks of unpaid
parental leave upon the birth or adoption of a
child.
a. Eligible Employees. Eligible employee are
those who have:
1. Been employed by the City of $hakopee for
at least one year.; and
2 . Have worked an average of 20 hours or
more per week.
b. Notice. Employees must give the City at
least 30 days advance notice if the leave is
foreseeable. If leave must be taken in less
V-9
than three (3) days, the employee should give
as much notice as is practicable.
c. Start of Leave. The leave begins at the time
requested by the employee and may not begin
more than six weeks after the birth or
adoption. In the case where the child must
remain in the hospital longer than the
mother, the leave may not begin more than six
weeks after the child leaves the hospital.
d. Length of Leave. The length of leave is
determined by the employee, but may not
exceed six (6) weeks. If the employee has
any FMLA Leave eligibility remaining at the
time this commences, this leave will also
count toward FMLA Leave. The two leaves will
run concurrently until the 12 week FMLA
eligibility is exhausted.
e. Use of Accrued Sick leave, Vacation Leave
&/or Compensatory Time. Employees may choose
to use accrued sick leave, vacation leave or
compensatory time while on Parenting Leave,
but are not required to do so.
The use of accrued sick, vacation and lor
compensatory time occurs simultaneously with
the Parenting Leave and Family Medical Leave
Act (FMLA) leave and does not extend the
length of the Parenting or FMLA leaves (See
Section V. D.4 in this handbook for further
information on FMLA.)
f. Insurance Continuation. Employees on
Parenting Leave may choose to continue
existing health care benefits at their own
expense, unless the leave also qualifies as
FMLA leave. In which case, the provisions of
the FMLA policy will apply.
g. Status of Benefits. Employees will not
accrue benefits such as sick and vacation
leave while on unpaid Parenting Leave.
Employees using a combination of paid and
unpaid leave will accrue benefits on a pro-
rated basis. Employees using paid leave will
continue to accrue benefits.
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h. Return to Work. Employees returning from
Parenting Leave will be reinstated to their
same position or an equivalent position of
comparable duties, number of hours and pay.
i. Impact of Family Medical Leave Act (FMLA).
In most cases the Family Medical Leave Act
(FMLA) policy will be applied to employees at
the time of a birth or adoption because the
provisions of FMLA are more beneficial to the
employee. However, employees working between
20-24 hours per week are not eligible for
FMLA and are eligible for Parenting Leave.
In addition, employees who have already used
their twelve (12) week allotment under FMLA,
would be entitled to parenting Leave for the
birth of adoption of a child.
2. School Conference and Acti vi ties Leave. As
prescribed by Minn. Stat. Sec. 181.9412, an
employee will be granted limited unpaid leave upon
request for a child's school conferences or
classroom activities, if the conference or
classroom activities cannot be scheduled during
non-work hours.
G. Voting Leave. Employees are eligible for voting leave
as provided in state law. Those employees required to
work an 8-hour shift on election day have the right to
be absent from work to vote during the morning of
election day, with pay. No employee may be absent from
work for more than one hour to vote without prior
approval of the employee's department head. Each
employee shall notify the department head prior to
being absent.
H. Jury or Witness Duty. When an employee performs jury
duty or is subpoenaed as a witness in court or
voluntarily serves as a witness in a case in which the
City is a party, the employee is entitled to
compensation from the City equal to the difference
between the employee's regular pay and the amount
received as a juror or witness. An employee who
receives notice of jury duty or witness service shall
notify the employee's supervisor immediately in order
that arrangements may be made to Cover the employee's
position.
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I. Military Leave. Every employee to whom Minnesota
Statutes Section 192.26 or 192.261, or U.S.C. Title 38,
Sec. 2021 applies is entitled to the benefits those
sections list, subject to the conditions in the law.
An employee promoted or hired to fill a vacancy created
by a person being on military leave may be appointed to
the position subject to the return of the absent
employee, if the law so provides. Upon such return, a
promoted employee may be restored to the employee's
original position or an equivalent position. A
replacement employee may be subj ect to layoff if no
other position is available, if the law so provides.
J. Leaves Without Pay.
1. Short Leave. Each department head may grant any
regular employee a leave of absence upon request
without pay for up to 5 hours in any week. In
addition, the City Administrator may grant any
regular employee a leave of absence without pay
for up to 40 hours per calendar year, upon the
recommendation of the department head. while on
short leave of absence, the employee shall be
treated in all respects as if the employee were
working, including receiving benefits, except the
employee shall forego the employee's salary.
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2. Regular Unpaid Leave of Absence.
The City Administrator may grant an unpaid leave
of absence to any regular employee upon written
request for a period not exceeding 90 days for
career advancement, or for personal or family
situations. Under no circumstances may an employee
use a leave of absence to work for another
employer or to pursue self -employment. Prior to
requesting a leave under this section, an employee
must first exhaust all available paid leave. The
employee must request a leave of absence in
writing and forward it to their immediate
supervisor, who will then direct the request to
the department head or the City Administrator with
the supervisors/department head's recommendation.
An unpaid leave of absence requires the advance
written approval of the City Administrator. The
City Council may extend such leave to a maximum
period of one year if the employee is disabled or
where the City Council finds extraordinary
circumstances warrant such extension. Benefits
including vacation leave, sick leave, holidays or
other forms of indirect compensation will not
accrue during an an unpaid leave of absence. The
employee may continue to be covered by group
health, life and disability insurance, but will be
responsible for paying one hundred percent (100%)
of the premium costs. During the first calendar
month, the employee will be responsible for paying
the pro-rated portion of their monthly insurance
premiums for the days they are on on unpaid leave.
Subsequent payments are due to the City by the
15th of each month.
K. Absence Without Leave. An employee who is absent and
fails to report the reason to the employee's supervisor
wi thin one hour following the start of the employee's
workday shall be subject to discipline, which may
include deduction of pay for the period of absence.
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VI EMPLOYEE CONDUCT.
A. Appropriate Conduct.
1. Teamwork. Each employee is part of a team,
working together to provide excellent service to
the residents of Shakopee. Each employee is
expected to strive to do their best to assist in
this team effort, by doing the employee's job
economically and efficiently, with consideration
toward the public. Employees are expected to work
well with others. Employees also are expected to
assist others, in their own and other departments,
when requested and their work load permits, so
that the work of the City gets done.
2. Courtesy. City employees are expected to be
friendly and courteous to each other and to the
public. They are expected to give and take, look
at the other person' s point of view, and apply
common sense, honesty, and open-mindedness to
whatever problems arise in day-to-day work.
3. Appropriate Conduct and Appearance. Each employee
shall dress and behave in a manner which is
appropriate for their position.
Appearance and Dress. The dress and appearance of
City employees is a direct reflection on the
professionalism of our services. City employees
meet with the public everyday as part of the
regular workday. A neat, well-groomed and
appropriately dressed employee will present a
positive image of the City and demonstrate the
pride of our city employees.
Non-uniformed Personnel. The following items are
considered inappropriate attire for the office
environment.
a. Jeans
b. Sweatshirts
c. T-shirts
d. Sandals without hose, unless worn with slacks or
long skirts.
e. Tongs
f. Tube tops, halter tops, tank tops, muscle shirts
g. Sweats or workout clothes
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h. Clothing that is revealing, outlandish or body-
hugging such as spandex.
i. Clothing that is worn, faded or in disrepair.
j. Shorts in general (culottes and tailored shorts as
part of a tailored suit ensemble are acceptable.)
k. Mini-skirts or short-aIls
1. Any clothing, that when seated, should not be
shorter than what would cover the top one-half of
the thigh.
These examples are intended only as a guide, and
are not all-inclusive. Employees with a question
about a particular clothing item should contact
their department head.
Dress needs vary by job function. Individuals who
spend a majority of the day in the field or in a
recreation function need to dress in a manner
appropriate to their jobs, as determined by their
supervisor. Field workers who are in the office
for full days should follow the guidelines listed
above.
Uniformed Personnel. Uniforms, which are provided
to some city employees, are expected to be neat,
fresh and clean when reporting to duty. Each
department is responsible for employees following
regulations regarding uniforms, related
accessories and equipment. Uniforms bearing a
city identification patch should not be worn
during off-duty hours.
Casual Fridays. Fridays are designated as "casual
day" in City Hall and the Community Center; on
these days nice jeans, t-shirts and sweatshirts;
and knee-length walking shorts can be worn, but
not the other items on the above list. Employees,
who take Friday off, cannot substitute any other
day of their choice as a "casual day".
Administration of Dress Code. Employees reporting
to work in attire, which, at the discretion of the
City Administrator or Department Head, is not
befitting a professional image, shall be warned
that such clothing is not to be worn again. An
employee who continues to report to work in
inappropriate attire will be sent home to change
clothes. The employee will not receive paid hours
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during this time.
Conduct. No employee shall fail to obey the
lawful orders of the employee's supervisor or the
City Administrator. No employee shall accept a
gift from a person or representative of a person
or association that has a direct financial
interest in a decision that the employee is
authorized to make, except as permitted under
Minn. Stat. Sec. 471. 895, Subd. 3. No employee
shall willfully make a false statement or falsify
any City document.
4. Affirmative Action. Any employee of the City who
does not comply with the Equal Employment
Opportunity laws and regulations will be subject
to disciplinary action.
5. Sexual Harassment Policy.
a. Policy. The City is committed to providing a
work environment that is free of
discrimination and unlawful harassment.
Sexual harassment in any form against any
employee or member of the public will not be
tolerated. All employees are to enjoy a safe
work environment free from unreasonable
interference, intimidation, hostility, or
offensive behavior on the part of
supervisors, co-workers, or visitors.
b. Definition. Sexual harassment is unlawful
under federal statue Title VII of the Civil
Rights Act of 1964 as well a under Minnesota
Statute Chapter 363. 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:
. Submission to the conduct of
communication is made a term or
condition, either explicitly or
implicitly of an individual's
employment; or
. Submission to or rejection of the
conduct or communication by an
individual is used as a factor in
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decisions affecting that individuals'
employment; or
. The conduct or communication has the
purpose or effect of unreasonable
interfering with an individual's work
performance or creating an intimidating,
hostile or offensive working
environment.
c. Supervisory and Administrative
Responsibili ty. No supervisor shall engage
in sexual harassment. If any discriminatory
or unreasonable conduct is observed by
supervisors, the offending person or people
should be asked to stop immediately and
advised that discipline will follow if they
continue in this behavior. Supervisors who
become aware of violations of the sexual
harassment policy and fail to take action,
may be subj ect to disciplinary action. All
incidents or recurrences should be reported
as described below.
d. Employee Responsibility. Employees shall
conduct themselves in accordance with this
policy and shall assist supervisors and
department heads in maintaining a work
environment free from sexual harassment. Any
offensi ve conduct should be substantiated to
the extent possible. Employees are
encouraged to inform the offending person (s)
that the employee finds the conduct offensive
and request that it stop. If the conduct
persists, such conduct should be immediately
reported to the department head or the Ci ty
Administrator, as described below.
e. Complaints. In order for the City to address
offensi ve or harassing conduct, such conduct
must be brought to the City's attention.
Complaints of sexual harassment shall be
dealt with fairly and evenhandedly. The
dignity of all the parties involved shall be
considered. Any employee, who believes that
the employee has been harassed, or has
wi tnessed sexual harassment, should promptly
report the facts of the incident or incidents
and the names of the individuals involved to
the employee's department head, or to the
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City Administrator. Department heads shall
immediately report any and all such
complaints to the City Administrator and
shall assist in investigating the complaint.
If a department head is the alleged perpe-
trator, complaints should be made directly to
the City Administrator.
f. Investigation and Resolution. The City
Administrator shall complete a thorough
investigation appropriate to the
circumstances of the complaint. The
investigation may include interviews with all
relevant individuals and will be conducted in
such a manner as to preserve the confident-
iality and rights of all parties concerned to
the fullest extent possible. The City will
not retaliate against any employee who makes
a report of sexual harassment, nor will it
tolerate retaliation by any employee against
the reporting employee. Employees who engage
in retaliatory conduct may be subject to
disciplinary action. Any employee who makes
a false report of sexual harassment or gives
false information during an investigation may
be subject to disciplinary action. Upon
review of the results of the investigation,
the City Administrator may recommend:
i. Counseling with affected employees to
ensure understanding of what is
prohibited, as well as the seriousness
of the issue and the City's commitment
to deal with violations of this policy;
ii. Discipline, including discharge.
g. Internet and E-mail. All communications and
electronic equipment, such as the phone
system and computer network system, are the
property of the City and may not be used to
send, save or view offensive or harassing
material or communications . Offensive and
harassing material includes, but is not
limited to, pornography, sexual comments,
sexual jokes, sexual images, or any other
material that be may be considered offensive
or harassing. Any use of vOicemail, e-mail,
the Internet, or any other form of
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communication to offend or harass another
person is strictly prohibited. Violators
will be subject to discipline, up to and
including discharge.
6. Internet Use Policy The Internet is a useful
information and communication tool that is
provided to City of Shakopee employees in order to
conduct City-related business. Internet access
provides the ability to communicate with City and
non-City resources, as well as providing access to
databases for research and informational purposes.
This policy applies to all elected officials,
employees, contractors, volunteers, and other
agents of the City who are provided Internet
access through the City of Shakopee. This policy
is intended to prevent the misuse of Internet
access, especially as it relates to the following
unacceptable practices:
· Downloading files that contain viruses that may
contaminate City information systems and
databases;
. Accessing improper or objectionable material
unless such access is directly related to a
City purpose (e.g. police investigations,
prosecutions);
· Using work time to access, send or receive non-
work related information, or to "surf" the
Internet;
· Misrepresenting an individual's opinion as City
policy.
a. TERM:
User -elected officials, employees,
contractors, volunteers, and other agents of
the City authorized to access the Internet
through the City of Shakopee's computer
network.
b. PROCEDURES:
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1. All elected officials, employees,
contractors, volunteers and others who have
access to the Internet are required to review
this policy, and sign the accompanying
statement that they have read, and
understand, the policy.
2. Authorized users of the Internet will be
given a "login" name that allows access to
the Internet through the City's network.
Users will then provide a personalized
password. Any and all Internet activity will
be attributed to the login name of the
originating user.
3. The City reserves the right, with the City
Administrator's approval, to monitor Internet
activity at any time, with or without notice
to users. The use of a system "log on"
and/or password does not, and should not,
convey any expectation of privacy to the
user.
4. No user shall divulge his/her network
password. Any person with knowledge of any
password not their own shall immediately
report it to their supervisor. The supervisor
shall then take any steps necessary to secure
the network.
5. Failure to log out of the network for
prolonged periods of time can result in
unauthorized users accessing the Internet,
and logging on to unauthorized sites using
the original user's login name. For that
reason, If a user knows that he/she will be
away from their computer for longer than
thirty (30) minutes, he/she will be required
to log out of the network.
6. No user shall attempt any unauthorized access
to the system. Any user found to have
engaged in unauthorized access of the
Internet may be subject to disciplinary
action up to and including termination.
7. Incidental and occasional personal use of the
Internet will be permitted outside of normal
work hours. Personal use of the Internet
outside normal work hours will be monitored
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in the same manner as work-related use of the
Internet.
8. The user's supervisor or the City
Administrator shall authorize initial access
to and training for use of the Internet, if
there is no supervisor.
9. Some information that can be downloaded from
the Internet for use may be protected by
copyright law (e.g. company logos, news
photos). Use of such items by users shall be
consistent with copyright law.
lO.No user shall allow an unauthorized person,
whether employed by the City or not, to
access the Internet through the City's
network for any reason.
11.Because the transfer of information via the
Internet is not secure, any user transmitting
confidential information must do so in
writing through the traditional mail system.
l2.Users may not access or download resources
for which there is a fee without first
obtaining prior approval from his/her
supervisor or the City Administrator.
l3.Use of personal software and/or personal
Internet accounts is prohibited.
l4.Users, other than those specifically
designated, shall not install, configure,
change, or reconfigure any computer, browser,
or electronic mail settings on PC's
configured to use the Internet.
l5.Because application software obtained on the
Internet may contain embedded viruses or
otherwise interfere with the City's network,
the City recommends against the downloading
to City computers of such software. Only
software downloaded must relate to legitimate
City purposes. Any and all such software
downloaded from the Internet shall be
downloaded to the user's local hard drive (C:
drive). Files may not be copied to the
network unless and until they have been
manually or automatically scanned for
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viruses. If a virus is detected, the City
Administrator shall be notified immediately.
16.Users shall not participate in Web-based
surveys or interviews without prior approval
by the user's supervisor or the City
Administrator.
17.Subscription-based services will not be used
without prior approval by the user's
supervisor or the City Administrator.
7. E-MAIL POLICY The purpose of providing e-mail to
City employees is to facilitate communication and
the exchange of information among elected
officials, staff, residents, other governments,
and those doing business with the City. Because
this communication may occur through both internal
and external e-mail.this policy applies to both.
Purposes:
> To provide guidelines for secure, effective, and
efficient use of e-mail;
> To provide guidelines for access to, and
disclosure of e-mail messages sent or received by
City employees.
The use of e-mail must also be consistent with the
City's Personnel Policy Manual as it relates to
employee conduct. For example, the transmitting
bye-mail of obscene or harassing messages, is
subject to the same disciplinary measures that
would apply if the messages were transmitted
verbally. Violation of this policy may result in
the application of disciplinary measures up to,
and including termination of employment with the
City.
The following list of prohibited e-mail activities
is illustrative, and not inclusive of all
activities that might be found to violate this
policy:
1. Use of e-mail for activities that are illegal,
unethical, unprofessional, or that could
reasonably be construed to be contrary to the
interests of the City.
2. Unauthorized attempts to access another user's e-
mail.
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3. Transmission of obscene, sexually explicit, and
harassing messages.
4. Transmission of messages that are discriminatory
based on race, national origin, sex, sexual
orientation, age, disability, religious or
political beliefs, or other status protected under
law.
5. Accessing or distributions of obscene materials.
6. Using e-mail for commercial use and/or profit.
7. Extensive use of e-mail for personal purposes.
8. Transmission of political messages.
PROCEDURES:
a. All users having authorized access to e-mail
are required to sign this policy stating that
they have read, understand, and agree to the
policy.
b. Authorized users will be given a "logon" name
that allows access to the network. The user
will provide a personalized password. Any e-
mail communication will be attributed to the
logon name and password of the user.
c. Both internal and external e-mail messages are
considered to be the property of the City of
Shakopee, and are subject to disclosure. The
City reserves the right, with the approval of
the City Administrator, to monitor any and all
messages at any time with or without prior
notice to the user. The use of a system logon
and password are not meant to, and do not
convey, any expectations of privacy to the
user.
d. Users will not divulge their network or e-mail
passwords, unless required to do so in the
course of their official duties. Any person
with knowledge of a password that is not their
own shall report it to his/her supervisor
immediately. The supervisor will then see that
appropriate actions are taken to secure the
network.
e. No user shall attempt any unauthorized access
to the system. Any user found to have engaged
In unauthorized access of e-mail may be subject
to disciplinary action up to and including
termination.
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f. Incidental and occasional personal use e-mail
will be permitted outside of normal work hours.
Personal use of e-mail outside normal work
hours will be monitored in the same manner as
work-related use of e-mail.
g. The user's supervisor or the City Administrator
shall authorize initial access to and training
for use of e-mail, if there is no supervisor.
h. Some information that can be downloaded from e-
mail for use may be protected by copyright law
(e.g. company logos, news photos). Use of such
items by users shall be consistent with
copyright law.
i. No user shall allow an unauthorized person,
whether employed by the City or not, to access
e-mail through the City's network for any
reason.
j. Because the transfer of information via e-mail
is not secure, any user transmitting
confidential information must do so in writing
through the traditional mail system.
k. Users may not access or download resources for
which there is a fee without first obtaining
prior approval from his/her supervisor or the
City Administrator.
1. Use of personal software and/or personal E-mail
accounts is prohibited.
m. Users, other than those specifically
designated, shall not install, configure,
change, or reconfigure any computer, browser,
or electronic mail settings on PC's configured
to use e-mail.
n. Because application software obtained on e-mail
may contain embedded viruses or otherwise
interfere with the City's network, the City
recommends against the downloading to City
computers of such software. Only software
downloaded must relate to legitimate City
purposes. Any and all such software downloaded
from e-mail shall be downloaded to the user's
local hard drive (C: drive). Files may not be
copied to the network unless and until they
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have been manually or automatically scanned for
viruses. If a virus is detected, the city
Administrator shall be notified immediately.
o. Subscription-based services will not be used
without prior approval by the user's supervisor
or the City Administrator.
8. Smoking Policy. No smoking is permitted in any
City building or vehicle except as follows:
a. Police Department. People under extreme
stress who come into the police department,
such as defendants and witnesses, may be
allowed to smoke.
b. Fire Department. Smoking is permitted as
specified in the Fire Department's by-laws.
c.
City Vehicles.
assigned vehicles
vehicle objects.
Smoking is permitted in
only, if no one in the
9. Drug and Alcohol Policy.
a. In General. The Ci ty intends to provide a
drug-free, safe, and secure work environment.
No employee may be under the influence of,
use, manufacture, possess, sell, or transfer
drugs or alcohol while the employee is
working or on City property or operating a
City vehicle, machinery, or equipment, except
to the extent authorized by a valid medical
prescription, or when engaged in authorized
Police Department activities. UUnder the
influence" for alcohol means an alcohol
concentration above 0.02. This Policy shall
be interpreted consistently with Minn. Stat.
Sec. 181.950 et seq. and applicable federal
law.
b. Reporting. Employees must report, to their
department head, any conviction under a
criminal drug statute for violations
occurring on or off work premises during the
employee's workday or while conducting City
business. A report of the conviction must be
made within five days after the conviction as
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required by the Federal Drug-free Workplace
Act of 1988.
c. Subject to Testing. Employees are subject to
drug and alcohol testing in the following
circumstances:
i. Routine Physical Examination Testing.
Any employee may be required to undergo
drug and alcohol testing as part of a
routine physical examination. The drug
or alcohol test will be requested no
more than once annually and the employee
will be given at least two weeks'
written notice that the test shall be
required as part of the examination.
ii. Random Testing. An employee in a
position in which impairment caused by
drug or alcohol usage would threaten the
heal th or safety of any person may be
required to undergo random drug and
alcohol testing. In addition,
commercial motor vehicles, which are
required to have a commercial driver's
license, are subject to random testing
as required by federal law and
regulation.
iii. Reasonable Suspicion Testing. Any
employee may be required to undergo drug
and alcohol testing if there is a
reasonable suspicion that the employee:
(a) is under the influence of drugs or
alcohol; or (b) has engaged in the use,
possession, sale, or transfer of drugs
or alcohol while the employee is working
or while the employee is on City
property or operating a City vehicle,
machinery, or equipment; or (c) has
sustained a personal injury arising out
of and in the course of employment, or
caused another person to sustain a
personal injury; or (d) has caused a
work-related accident or was operating
or helping to operate machinery,
equipment, or vehicles involved in a
work-related accident.
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iv. Treatment Program Testing. Any employee
may be required to undergo drug and
alcohol testing if th~ employee has been
referred by the City for chemical
dependency treatment Or evaluation or is
participating in a chemical dependency
treatment program under the City
insurance, in which case the employee
may be requested Or required to undergo
drug or alcohol testing without prior
notice during the evaluation or
treatment period and for a period of up
to 60 months following completion of any
prescribed chemical dependency treatment
program.
d. Testing Procedure. Any department head or
the City Administrator may order the drug and
alcohol testing. Before undergoing drug or
alcohol testing, the employee shall complete
a form (1) acknowledging that the employee
has seen a copy of the City'S drug and
alcohol policy, and (2) indicating consent to
undergo the drug and alcohol testing.
e. Testing Laboratory. A laboratory meeting all
requirements of state law, including those
set forth in Minn. Stat. Sec. 181.953, shall
handle all drug and alcohol testing.
f. Test Results. Within three days of obtaining
the final test results, the testing
laboratory shall provide the City with a
written report indicating the drug(s),
alcohol, or their metabolites tested for, the
types of test conducted, and whether the test
produced negative or positive test results.
Within three working days after receipt of
the test result report, the City shall inform
the employee in writing of a negative test
result on an initial screening test, or of a
negative or positive test result on a
confirmatory test.
At this time the employee has a right to
request and receive a copy of the test result
report. If the report shows a positive test
result on the confirmatory test, the employee
has the right, within five working days after
notice of the positive test result, to submit
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information to the City to explain that
result, or to request a confirmatory retest
of the original sample at the employee's own
expense. If the confirmatory retest shows a
negative test result, the City will reimburse
the employee for the expense of the retest.
The City shall follow the statutory
procedures and provide the employee with
proper notices. If the confirmatory retest
does not confirm the original positive test
resul t, no adverse personnel action based on
the original confirmatory test shall be taken
against the employee.
g. Discipline. An employee has the right to
refuse to undergo drug and alcohol testing.
However, failure to comply with the City's
drug and alcohol policy, and refusal to take
a drug and alcohol test upon request shall
subject an employee to discipline, including
discharge. An employee who has a positive
test result on a confirmatory test, when this
is the first such result for the employee,
will be subject to discipline but shall not
be discharged unless (1) the employee has
been given an opportunity to participate in
either a drug or alcohol counseling or
rehabilitation program, whichever is more
appropriate, as determined by the City after
consultation with a certified chemical use
counselor or a physician trained in the
diagnosis and treatment of chemical
dependency, and (2) the employee has either
refused to participate in the counseling or
rehabilitation program or has failed to
successfully complete the program as
evidenced by withdrawal from the program
before its completion or a positive test
result on a confirmatory test after
completion of the program. Participation in
the specified program will be at the
employee's own expense or pursuant to
coverage under the City's insurance. All
other employees obtaining a positive test
result will be subject to discipline
including discharge. Appeals may be taken
under the grievance policy.
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h. Confidentiality. Results of a positive drug
or alcohol test and terms of the
rehabilitation will remain confidential,
except as provided by federal regulation.
8. Lawsuits Against the City. No employee may
discuss matters involved in lawsuits against the
Ci ty with any party involved in suing the City.
All questions pertaining to lawsuits shall be
referred to the City Attorney. All City employees
must promptly notify their supervisor in the case
of incidents, which reasonably may be expected to
result in a lawsuit. The supervisor must promptly
report the incident, in writing, to the City
Attorney.
B. Work Hours and Rest Periods.
1. Work Hours. The regular workweek for employees is
five eight-hour working days, from 8:00 a.m. to
4:30 p.m., with a one-half hour lunch break,
Monday through Friday, except as otherwise
established by the department head in accordance
with the custom and needs of the department.
Every employee shall be ready to begin actual
operations at the employee's place of work at the
specified starting time. A department head may
modify the work hours for an employee to include
fewer hours, if the employee has worked more than
four hours overtime during the previous two pay
periods.
2. Rest Periods. Each employee may take a I5-minute
rest period in each half of the employee's shift.
Employees required to work additional shifts shall
be entitled to additional I5-minute rest periods.
Each department head may schedule rest periods so
as not to interfere with work requirements.
C. Emergency Closing of Ci ty Facili ties. When the Ci ty
Administrator or Mayor determines that circumstances
exist which pose a threat to the safety of employees
and public patrons, or which prohibit the normal use of
the City'S facilities, that person may declare an
emergency and direct the official closing of
facilities. Notification shall be by City Hall
intercom, telephone contact, and/or WCCO (AM radio), as
appropriate.
VI-16
Employees may record the time
accumulated compensatory time,
take the time without pay.
missed as vacation
or they may choose
or
to
Those employees required
nature of their position
compensation, but shall be
with existing union contracts
to work by
shall not
compensated
or the City
virtue of the
receive extra
in accordance
pay plan.
D. Use of City Property.
1. City Property. No employee shall negligently
lose, damage, or waste City property. No employee
shall use City property for anything other than
City work without the prior explicit permission of
the employee's department head. No employee shall
access the files of an employee outside his or her
department, unless specifically authorized by a
department head.
2. Ci ty Telephones. Telephones are for City
business. Any personal telephone calls should be
infrequent and brief. Employees in City Hall
shall fill out a long distance telephone log for
each long distance telephone call made, and submit
the log to the Finance Department. Personal long
distance telephone calls may be made, provided
they are made on a collect or calling card basis
during a scheduled break period, or if
specifically authorized otherwise by the
department head.
3 . Ci ty Vehicles. Ci ty vehicles may be used for
official business only, although they may be used
for meals while the employee is otherwise driving
about on City business. The Police Chief, the
Fire Chief, and one other Fire Department official
may use a City vehicle for commuting as well as
for official City business, so that they have a
vehicle available for emergency responses.
4. City Name. No employee may use the employee's job
title or the City name to further personal or
political goals. Job titles and reference to the
City may be used only for official City business.
Promises on behalf of the City may not be made
without the prior approval of the employee's
department head. Contracts may not be entered
into without the prior approval of the City
Council.
VI-17
5. Employee Identification Cards. All regular
employees shall be provided with employee
identification cards. Cards also may be issued to
other employees who require City identification
while working in remote job sites. Each employee
is responsible for possession of their
identification card and shall protect it from
loss, theft or misuse. Unauthorized or
inappropriate use of the employee identification
card is prohibited.
E. Personal Activities.
1. Use of Personal Vehicle. Any employee who uses
the employee's personal vehicle for City business
must have insurance. The City may reimburse the
employee at the maximum rate allowed by the
Internal Revenue Service for business use of a
personal vehicle without the reimbursement being
taxable income.
2.
Outside Employment. Employees must
work time to City business. No work
outside employment may be performed
time.
devote all
relating to
during work
An employee who joins the fire department must
report this to the employee's department head.
For pay purposes, time spent on fire calls shall
not be deducted from the time spent on the regular
job. All benefits and leaves shall continue to
accrue without regard to time spent on fire calls.
3. Soliciting. No employee shall actively solicit
membership in or contributions to any organization
or cause during regular work hours.
4. Political Activities. As provided in Minn. Stat.
Sec. 2llB.09, an employee or official of the City
may not use official authority or influence to
compel a person (1) to apply for membership in or
become a member of a political organization, (2)
to payor promise to pay a political contribution,
or (3) to take part in political activity.
F. Conflicts of Interest.
VI-IS
1. In General. City employees must be exceedingly
careful to avoid a conflict of interest and even
the appearance of a conflict of interest.
Therefore, a City employee,' acting in the
employee's official capacity, may not transact
official City business with a family member, or
with a business or person with whom that employee
has a financial interest or involvement. An
employee may be requested to resign from outside
employment if the conflict is irreconcilable and
the employee's department head and the City
Administrator cannot find another way around the
conflict.
2. Participation in Federal Projects. The City may
undertake projects under federal contract or with
federal funds. City employees, who exercise
certain functions or responsibilities with respect
to these federal projects, during their tenure
with the City and for a period of one year after
terminating employment with the City, are
prohibited from having any interest, direct or
indirect, in any contract or subcontract or the
proceeds thereof, for work performed under the
federal project. In addition, employees are
prohibited from soliciting or accepting
gratuities, favors, or anything of monetary value
from potential contractors or contractors to be
hired for federal proj ects. Employees violating
this provision shall be subject to disciplinary
action.
G. Protected Information.
1. Disclosure of Information by Employees. As
provided in Minn. Stat. Sec. 181.932, the City
shall not discharge, discipline, threaten,
otherwise discriminate against, or penalize an
employee regarding the employee's compensation,
terms, conditions, location, or privileges of
employment because: (a) the employee, or a person
acting on behalf of an employee, in good faith,
reports a violation or suspected violation of any
federal or state law or rule adopted pursuant to
law to an employer or to any governmental body or
law enforcement official; (b) the employee is
requested by a public body or office to
participate in an investigation, hearing, or
inquiry; or (c) the employee refuses a
supervisor's order to perform an action that the
VI-19
employee has an objective basis in fact to believe
violates any state or federal law or rule or
regulation adopted pursuant to law, and the
employee informs the supervisor that the order is
being refused for that reason. Notwithstanding
the above, the City reserves the right to take
action against an employee who makes statements or
disclosures knowing that they are false or that
they are in reckless disregard of the truth.
2.
Release of Protected Information.
pri vate or protected information
Minn. Stat. Chapter 13 may
discipline.
The release of
in violation of
be cause for
3. Personnel Files. The City Administrator or the
City Administrator's designee shall maintain
personnel files. The files are not available to
the public except as provided by law. The City
Administrator, City Attorney, and an employee's
department head are authorized to view an
employee's file at any time. Upon written request
by an employee to the employee's department head,
the City shall provide the employee with an
opportunity to review the employee's personnel
record, as provided by Minn. Stat. Sec. 181.960 et
seq. Unauthorized viewing, removal, alteration,
or destruction of all or any part of an employee's
personnel file is prohibited. Each personnel file
shall include a page noting changes made and dates
of the changes.
H. Safety.
1. In General. Employees must take proper
precautions to prevent accidents and work safely.
Employees shall follow safe practices and all
safety regulations concerning their job. Injuries
should be reported immediately to the employee's
supervisor. Any death or serious injury must be
reported on the First Report of Injury form, which
is available from the payroll clerk. The form is
required each time an injury results in an
employee being unable to work. Any employee who
notices an unsafe condition is encouraged to
immediately report it to the employee's
supervisor.
VI-20
2. Hazardous Substances. Any employee routinely
exposed to hazardous substances or harmful
physical agents as defined in Minn. Stat. Sec.
182.65 to 182.675 shall be trained before being
assigned or reassigned work exposing the employee
to such substances or agents and shall be given
training annually thereafter. Training shall
include an explanation of how and where
information about hazards is stored in the
workplace, how the hazards are labeled, and where
to obtain specific information. The City
Administrator shall provide for such training and
for compliance with the "Minnesota Employee Right
to Know Act of 1983," including the establishment
of specific policies to insure compliance with the
state law and regulations. An employee acting in
good faith has the right to refuse to work under
conditions, which the employee reasonably believes
present, an imminent danger of death or serious
physical harm to the employee.
3. Accidents. An employee, who has an accident while
on City business or while operating a City
vehicle, must take the following steps: (1) if
the employee is qualified, assist any injured
person. Otherwise, get assistance. (2) Call for
an ambulance, if appropriate. (3) Call the Police
Department if the accident involves a vehicle.
(4) Obtain the names of witnesses to the
accident. (5) Report the accident to the
employee's supervisor and file any necessary
reports.
4. Traffic Tickets. An employee who regularly drives
a City vehicle as a part of the employee's job,
and who receives a traffic ticket other than a
parking ticket, must report the traffic ticket to
the employee's supervisor during the employee's
next work shift. This provision applies
regardless of whether the ticket is received
during or outside of work hours.
VI-21
VII GRIEVANCES AND DISCIPLINE.
A. Grievance Policy.
1. In General. It is the policy of the City insofar
as possible to prevent the occurrence of
grievances and to deal promptly with those, which
occur.
2. Procedure. Employee grievances shall be handled
through the procedures set forth below.
a.
Grievance Brought by Employee.
shall bring a grievance to the
the employee's supervisor.
An employee
attention of
b. Investigation. The supervisor shall discuss
the relevant circumstances with the employee.
The supervisor then may investigate the
matters disclosed in or relevant to the
grievance. An employee will not be required
by the City to participate in an
investigatory interview where the information
gained from such interview could lead to
discipline of the employee, unless the
employee has been given the right to have a
union representative or third party of the
employee's choice present at the interview.
This third party has no right to interfere
with or participate in the interview, but
rather is present merely to act as a witness.
c. Resolution. The supervisor shall consider
and examine the causes of the grievance and
any other related matters, and attempt to
resolve the grievance within two weeks. The
supervisor shall notify the employee of the
resolution, and of the employee's right to
appeal the matter to the next higher
administrative level.
d. Appeal. If the supervisor does not deal with
the grievance satisfactorily, the employee
may appeal, the grievance to the next higher
administrative level. The appeal shall be in
wri ting, and delivered to the person in the
next higher administrative position within
five days after the supervisor notifies the
VII - 1
L
employee of the resolution of the grievance.
The decision made by the person in the next
higher administrative position on the appeal
shall be final. If the g:devance relates to
sexual harassment, the procedure set forth in
the sexual harassment section shall control.
B. Disciplinary Policy.
1. In General. City employees shall be subject to
disciplinary action for failing to fulfill their
duties and responsibilities. It is the policy of
the City to administer disciplinary penalties
without discrimination. The employee's department
head or the City Administrator shall handle all
disciplinary actions short of dismissal.
2. Temporary and Probationary Employees. The
supervisor of a temporary or probationary employee
shall investigate any allegation regarding that
employee on which disciplinary action might be
based before any disciplinary action is taken.
Progressive discipline is not required for
temporary and probationary employees. Subj ect to
state law on veterans' preference, and subject to
Minn. Stat. Sec. 181.931 et seq., a temporary or
probationary employee may be discharged from the
City's service by the City Council for any or no
reason.
3. All Other Employees. Every disciplinary action
against an employee other than a temporary or
probationary employee shall be for just cause, and
the employee may demand a hearing or use the
grievance procedure above with respect to any
disciplinary action, which the employee believes
is either unjust or disproportionate to the
offense committed. The department head shall
investigate any allegation regarding the employee
on which disciplinary action might be based before
any disciplinary action is taken.
Discipline of employees other than temporary and
probationary employees will be based, where
possible, on the nature and severity of the
infraction and conditions surrounding the
incident. Discipline may include oral reprimand,
written reprimand, suspension with or without pay,
involuntary demotion, forced transfer to a
comparable position, withholding a salary
VII - 2
increase, decreasing the
discharge. Provided,
employees may be suspended
be suspended without pay.
employee's salary, and
however, that exempt
with pay, but shall not
4. Just Cause. Just cause for discipline includes
any and all failures to fulfill an employee's
duties and responsibilities. These include, and
are not limited to, properly performing all job
responsibilities set forth on the employee's job
description, complying with this Personnel
Handbook, insubordination, actions or inactions
which give the appearance of impropriety, and
exhibiting a disregard for the need to maintain
the publ ic ' s pride in the City and City
government.
5. Disciplinary Action Steps for Employees Other than
Temporary and Probationary Employees. Except for
severe infractions, disciplinary action against an
employee other than a temporary or probationary
employee shall be progressive and shall follow the
steps listed below in order:
a. Oral Reprimand. The employee's department
head may give the employee an oral reprimand
for the first or a non-severe infraction. A
written note may be placed in the employee's
personnel file indicating that an oral
reprimand was given.
b. Written Reprimand. A written reprimand shall
state that the employee is being warned for
misconduct; describe the misconduct; include
timetables and goals for improvement when
appropriate; and outline future penalties
should the problem continue. The employee's
department head shall give the employee a
copy of the reprimand and the employee shall
sign the original acknowledging that the
employee has recei ved the reprimand. The
signature of the employee does not mean that
the employee agrees with the reprimand. The
reprimand shall be placed in the employee's
personnel file.
c.
Suspension or
the sole
Administrator,
Other Disciplinary Action. In
discretion of the City
disciplinary action regarding
VII-3
an employee may be either suspension or one
of these other actions.
1. Suspension With or Without Pay.
Depending on the seriousness of the
allegations, the City Administrator may
suspend a non-exempt employee either
with or without pay. The City
Administrator may suspend an exempt
employee with pay. Prior to suspension
or as soon thereafter as possible, the
employee shall be notified in writing of
the reason for the suspension, its
length, and whether it is with or
without pay. The notice also shall
outline what further discipline the
employee will face should the misconduct
continue. An employee may be suspended
pending investigation of an allegation.
If the suspension was without pay and
the investigation shows that the
allegation of misconduct was partially
or completely false, the employee shall
be provided with back pay for a portion
or all of the period of the suspension.
A copy of each written statement
regarding the suspension shall be placed
in the employee's personnel file.
ii. Other Disciplinary Actions. An employee
other than a temporary or probationary
employee also may be disciplined through
(1) involuntary demotion; (2) forced
transfer to a comparable position, as
determined by the City Administrator;
(3) being placed on probation; (4)
wi thholding a salary increase; or (5)
decreasing the employee's salary. A
copy of each written statement regarding
the disciplinary action shall be placed
in the employee's personnel file.
d. Discharge. An employee other than a
temporary or probationary employee may be
discharged by the City Council only for just
cause. The employee will be notified at the
time of discharge of the employee's right to
make a written request for the City's reasons
for the discharge, pursuant to Minn. Stat.
Sec. 181.931 et seg.
VII -4
6. Hearing. In any case of discipline under (c) or
(d) above, the employee may appeal to the City
Council, provided the request Ior an appeal must
be submitted in writing to the City Clerk within
10 days following the disciplinary action. The
action of the City Council will be final. In
addition, no veteran shall be discharged except in
accordance with Minn. Stat. Sec. 197.46 et seq.
VII - 5
L
VIII APPOINTMENTS.
A. In General. New employees shall be selected by the
City Council on the basis of their qualifications for
the position. Vacancies shall be filled by qualified
current employees whenever possible. Whenever a
position is vacant or the position holder is absent,
the City Administrator may designate an individual to
temporarily fill a vacant position as "Acting", except
for the position of City Clerk, where the City Council
must appoint a deputy clerk.
B. Affirmative Action Policy. No person shall be
employed, promoted, demoted, or discharged by the City
or in any way favored or discriminated against because
of political opinions or affiliations, race, color,
creed, religion, national origin, sex, disability,
marital status, sexual orientation, or status with
regard to public assistance, or because of the exercise
of rights under Minn. Stat. Sec. 179A.01 to 179A.25.
No person who is over the age of 18 years shall be
discriminated against with reference to City employment
in any way forbidden by federal or state law.
The City will seek to ensure that all employment
practices are free of such discrimination. Such
employment practices include, but are not limited to,
the following: appointment, promotion, demotion,
transfer, layoff, disciplinary action, discharge,
compensation, and selection for training, including
apprenticeship.
C. Promotion. A department head may ask the City Council
to allow the promotion of an employee from the
employee I s current position to a similar, more
responsible, position in the same or a related
department. If the employee's experience and the needs
of the City warrant the promotion, the City Council may
abolish the current position, establish the more
responsible position, and promote the employee into the
more responsible position without following the
procedures for filling vacant positions.
D. Interim or Acting Appointments. Whenever an employee of
the City of Shakopee is required to perform all the
duties and responsibilities for a non-union employee
whose job classification is determined to be a key
employee, the interim employee shall be eligible for
VI II - 1
acting pay in accordance with this section. A "key
employee" is defined to mean any employee whose
position is required by the State of Minnesota such as
the Building Official or a salaried FMLA-eligible
employee who is among the highest paid ten percent of
all employees employed by the City of Shakopee. Key
employees shall be designated in writing by the City
Administrator.
For vacancies lasting more than twenty (20) working
days, the interim employee shall be eligible for a 5%
increase in salary over the interim employee's base
wage, for the time that the vacancy exits, starting
from the 21st working day, until such time that such
status is determined by the City Administrator.
A non-union employee classified as non-exempt who
assumes an acting appointment which is an exempt
classification, shall not be eligible for overtime
compensation while performing the duties of the acting
appointment. Employees covered by union contracts
shall be compensated in accordance with the Working out
of Classification provisions of the applicable
contract. Any acting appointment assumed by an
employee classified as exempt, will generally also be
an exempt classification, therefore the employee would
be ineligible for overtime compensation just as they
are in their regular position.
In the event an annual adjustment occurs during the
time an employee is working in an acting assignment,
the acting pay would be adjusted accordingly taking
into account any pay increases the employee would have
received during the course of the acting assignment.
When the employee returns to their regular position,
they would be compensated at their old rate plus the
amount of any annual adjustment that would have
occurred while they were in the acting assignment.
E. Applications. All applicants for a position with the
Ci ty of Shakopee are required to complete an
application form. Any applicant giving false
information or making false or misleading statements on
the application shall not be considered for the
position or will be subject to immediate discharge.
F. Selection and Hiring.
Current City
themselves.
employees
Therefore,
VI II-2
are
the
encouraged to better
City Administrator may
choose to make a vacant position promotional and
available first to current employees. The vacancy will
be posted in City hall for at least three days. Any
qualified City employee may apply {or the position by
submitting a completed application to the City
Administrator or the City Administrator's designee
prior to the end of the posting period. The department
head may choose to recommend selection of such an
employee, or may forward those applications to the
Scott County Personnel Department to review and rank
along with other applications.
Applications for positions other than promotional
positions, temporary employees, and police department
employees are handled through the Scott County
Personnel Department. After review and ranking by that
department, the highest-ranking applicants shall be
reviewed by City staff. The Police Civil Service
Commission reviews applications for police department
employees; temporary employees are discussed in
paragraph I below. The department head will recommend
to the City Administrator a candidate and a salary to
be offered. The selected candidate shall be offered
the position subject to City Council approval and
passing a pre-employment physical exam. As soon as
practicable, the City Council shall approve or rej ect
the selected candidate.
G. Pre-employment Exams. All selected non-promotional
candidates must take and pass a pre-employment physical
exam, including drug or alcohol testing. The City also
may require a promotional candidate to take and pass a
pre-employment physical, including drug or alcohol
testing. The City may require any candidate to take a
psychological test. The City will pay for any required
testing, as well as any required follow-up testing. In
all respects the candidate shall be treated like an
employee for purposes of the drug and alcohol testing,
and shall be subj ect to the City's Drug and Alcohol
Policy, except as follows:
1. If a candidate refuses to undergo drug or alcohol
testing, the candidate shall be deemed to have
withdrawn the candidate's application for
employment.
2. If the candidate undergoes the test and there is a
positive test result in a confirmatory test and in
any confirmatory retest, the City will withdraw
the contingent offer of employment if the City
VII I - 3
determines in accord with the Minnesota Human
Rights Act that alcohol or drug usage or abuse:
(1) prevents the job applicant from performing the
essential functions of the job in question; or (2)
constitutes a direct threat to property or the
safety of others; or (3) otherwise interferes with
a bona fide occupational qualification.
H. Accrued Leave. At the time of hire, the City Council
may grant a new employee up to 40 hours of accrued
vacation leave, accrued sick leave, or both, calculated
at one-half the rate given for time with the City,
based on months of related employment with another
employer.
I. Probationary Employees.
1. Probationary Period. All employees shall be
required to successfully complete a six-month
probationary period when they are first hired,
promoted, transferred, re-employed, or reinstated
to a position. This intensive review period shall
be utilized for observing the employee's work, for
securing the most effective adjustment of the
employee to a position, and for rejecting an
employee whose performance does not meet the
required work standards.
2.
Extension. The probationary
extended for an additional six
City Administrator's discretion.
period may be
(6) months at the
3. Discharge. The City Council may discharge an
employee at any time during the probationary
period if, in the City Council's opinion, the
employee is unable or unwilling to perform the
duties of the position satisfactorily or that the
employee's habits and dependability do not merit
continuance in the position. An employee so
discharged shall be notified in writing of the
reasons for the discharge and shall not have the
right to appeal unless the employee is a veteran,
in which case the statutory procedure shall be
followed. A regular employee undergoing probation
after being promoted or transferred, who is
discharged during the probationary period, may be
reinstated in the employee's previous position if
that position has not been filled and if, in the
City Council's opinion, the employee would be able
VII 1-4
to satisfactorily perform the duties of that
position. An employee undergoing probation after
being first hired or re-employed, who is
discharged during the probationary period, will
not receive payment for accrued vacation or sick
leave upon discharge.
4. Completion. Shortly before the expiration of the
probationary period, the department head shall
notify the City Council in writing whether or not
the services of the employee have been
satisfactory and recommend that the employee be
either retained or discharged, or the probationary
period extended.
J.
Temporary Employees.
employees for seasonal
Temporary employees do
regular employees in
discharged at will.
The City may hire temporary
work or for a special proj ect .
not have the protection granted
this handbook, and may be
The employment process for seasonal
employees follows the same procedures
employees except as follows:
and temporary
as for regular
Previous temporary employees, upon recommendation by
the department head, may be rehired within two years
without use of an open application process. The City
Administrator or the City Administrator's designee may
notify those individuals by letter, informing them of
current seasonal positions available and offering them
first chance for filling those positions. If they do
not respond by the designated deadline, new applicants
shall fill the remaining vacancies. City Council
action is not required for temporary positions.
K. Family Conflicts. No person shall be appointed,
promoted, or transferred to a position where that
person would be working on a daily basis with,
supervising, or receiving supervision from that
person's spouse, any person permanently residing with
the employee, a child, parent, sibling, grandparent, or
grandchild of either the employee or of the employee's
spouse. This paragraph does not apply to part-time or
temporary employees.
VI II - 5
IX SEPARATION.
A. Duration of Employment. Subject to state law on
veterans' preference, Minn. Stat. Sec. 181.931 to
181.935, and any applicable labor agreement, the City
may discharge or separate a temporary or probationary
employee from employment at any time for any or no
reason. Other employees may be discharged as a
disciplinary action, or as set forth below.
B. Resignation.
1. Procedure. Any City employee wishing to leave the
Ci ty' s service in good standing shall file with
the City Administrator, at least fourteen (14)
days before leaving, a written resignation stating
the effective date of the resignation and the
reason for leaving. Failure to comply with this
procedure shall be cause for denying such employee
future employment with the City and denying
severance benefits.
2. Unauthorized Absence. Unauthorized absence from
work for a period of three (3) consecutive working
days may be considered by the City Administrator
as a resignation, and the employee shall not be
entitled to severance benefits.
c. Retirement. No city employee shall be required to
retire at any specific age.
D. Severance Pay. Any regular employee leaving the
municipal service in good standing after giving proper
notice of such termination of employment shall be
compensated for all accrued and unused vacation leave
and compensatory time, plus an amount equal to one-
third of the value of accrued and unused sick leave up
to a maximum of 960 hours.
E. Lay-offs.
1. Procedure. After at least two weeks notice to the
employee, the City Council may layoff any regular
employee when a position is not currently needed
but is anticipated to be filled again within one
year. No regular employee shall be laid off while
there is a temporary employee serving in the same
IX-1
1
position for which the regular
qualified, eligible, and available.
employee
is
2. Benefits. No benefits or leaves shall accrue or
may be used (except insurance) while the employee
is laid off. A laid off employee may continue the
employee's insurance coverage by paying the
employer's share of benefits as well as the
employee's share to the City in advance by the 5th
of each month for each full or partial month
during which the employee is laid off. The City
Administrator shall authorize a laid off employee
to be paid for vacation or compensatory time, if
requested by the employee.
3. Return to Work. A laid off employee must keep the
City informed of the address and telephone number
where the employee can be contacted. If the City
is unable to contact the employee within seven (7)
calendar days, the City's obligation to reinstate
the employee shall cease and the employee shall be
separated from City employment by the City
Council. The employee shall be entitled to
receive severance benefits.
4. Termination of Position. If the position is not
filled again within one year, the position shall
be terminated automatically and the employee shall
be entitled to receive severance benefits.
F. Discharge as Discipline. An employee may be discharged
as a part of disciplinary action taken against the
employee. Severance pay (other than compensatory time)
will not be granted to employees discharged as a part
of the disciplinary action.
IX-2
2