HomeMy WebLinkAbout2009-12-09 Addn'l Handout from Mtg. 12 -09-09
CITY OF CENTERVILLE
PERSONNEL POLICIES
Successful public relations are a very important element in every City Employee's job. It is
important to be considerate, pleasant, prompt and brief in all dealings with the citizens of
the City of Centerville. The impression we make over the phone or in person, whether good
or bad, will be the one that the citizen will remember. It is the mission of the City of
Centerville to provide the highest quality service to Centerville residents and taxpayers in the
most effective, efficient manner possible. Proper adherence by all City Employees to these
policies will help attain that goal.
1. PURPOSE AND APPLICATION
1.1 Purpose
General The information in these personnel policies serve only as a general
reference to the City of Centerville's current policies and procedures. None of these
rules and policies constitutes a contract between the employee and the City. These
rules and policies are not a guarantee of continued or future employment or intended
to alter the employment at will relationship in any manner. Employees have the
right, with appropriate notice, to terminate their employment at any time, for any
reason or no reason, and the City retains a similar right, subject to any statutory or
constitutional restrictions placed upon it as a public employer. If at any time there is
a difference between a statement in these documents and source material, such as
plan documents, the source material that is current at that time will take precedence.
1.2 Scope
Application: This personnel policy applies to all City of Centerville Employees,
except the following:
A) Elected officials;
B) Consultants rendering professional service;
C) Members of City Boards, Commissions, and Committees (this Subsection
applies only to non - employee members of these City Boards, Commissions
and Committees);
D) Volunteers;
E) Persons engaged under a specific employment contract.
Collective Bargaining: All Employees covered by a collective bargaining
agreement entered into in accordance with the Public Employers Labor Relations
Act, Minnesota Statutes §179.61 — 179.77, and §179A.01 — 179A.25 shall be exempt
from any of these provisions which directly conflict with the language in the
bargaining agreement.
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1.3 Authority
Rights: The City reserves the right to operate and manage its affairs in all respects
in accordance with existing and future laws and regulations. These rights shall
specifically include, but not be limited to, the right to adopt, amend, repeal, interpret
or terminate the personnel policy and work rules without prior notice. The City
reserves the tight to make these changes retroactive or prospective. Amendments
shall be effective the day of adoption unless a different date is specified. The City
further reserves the right to make reasonable variations from this policy where the
City Council determines that a strict and literal application of the policy would cause
an undue hardship on the City, its Employees, or an individual Employee.
Interpretation: The City Administrator shall make initial interpretation of these
policies or decision on items not covered within these policies and such
interpretation will be binding unless modified or overturned by the City Council.
This policy supersedes any prior policies, representations or understandings and shall
be subject to all applicable State and federal Laws, as well as City Ordinances.
1.4 Equal Opportunity Employer
Non - Discrimination: The City of Centerville strives to provide full and equal
opportunities for every person in all areas related to employment, training,
promotion and compensation. No individual shall be discriminated against with
respect to compensation, terms, conditions or other privileges of employment
because of race, color, creed, religion, gender, age, national origin, sexual orientation,
marital status, veteran status, public assistance status, disability, or to any other group
or class against which discrimination is prohibited by State or federal law.
2. DEFINITIONS
The following words and terms shall have the meaning as defined herein, unless the context
indicates otherwise.
Absent Without Leave: Any absence of an Employee from duty including any absence for
a single day or part of a day that is not authorized by a specific leave of absence or time off
under the provisions of this policy.
Anniversary Date: The month and day of initial hiring or promotion of a regular full-time
or regular part-time Employee.
Appointing Authority: The City Council or City Officer to whom the Council has
• delegated authority to appoint personnel.
Benefits: Privileges or other compensation granted to Employees in the form of leaves of
absence, insurance, or pay received in lieu of accrued leave upon termination of
employment.
City: The City of Centerville.
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City Administrator: The City Administrator of the City of Centerville.
City Council: The City Council of the City of Centerville.
Compensatory Time: For exempt Employees, the same amount of time off work as the
employee has overtime hours worked. For non - exempt Employees, time off work at one-
and- one -half times the number of overtime hours worked.
Demotion: The change of an Employee's status to a position of having a lower pay range,
rank or grade, and /or lesser responsibility than previously held.
Department: A branch of City administration with responsibility for one or several
assigned functions.
Department Head: The supervisor of a department.
Employee - Exempt: An Employee not covered by the overtime provisions of the federal
Fair Labor Standards Act.
Employee - Intermittent: An at -will Employee who works occasionally or on -call for an
indefinite time, under the same terms and conditions as a temporary Employee.
Employee - Full-Time: An at -will Employee working at least 32 hours per week, who has
successfully completed a required probationary period, and serves in a position funded in the
approved City budget for a given fiscal year.
Employee - Non - Exempt: An Employee covered by the overtime provisions of the
federal Fair Labor Standards Act.
Employee - Part-Time: An at -will Employee working less than 32 hours per week, who
has successfully completed the required probationary period and who is not eligible for
benefits, other than those mandated by state or federal law.
Employee - Regular: An at -will Employee who has successfully completed all stages of the
selection process including the training period and /or probationary period.
Employee - Seasonal: A full-time or part-time at -will Employee whose appointment is
limited to a specific season of the year and is employed under the same terms and conditions
as a temporary Employee.
Employee - Temporary: A full-time or part-time Employee who serves in a position on a
temporary basis where no benefit eligibility exists and no credit is given for seniority.
Employer - The City of Centerville.
Hours Worked: Includes all hours that the Employee actually performs duties that benefit
the City, including rest periods or breaks, meetings, training programs, travel between work
sites on a work day, time spent performing duties after hours or on weekends due to
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emergencies (call backs) and any time performing duties outside the normal shift, even if it is
not "authorized."
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.
Job Description: The written description of a job containing a title, a statement of duties,
authority and responsibilities of the job, and the qualifications and experience deemed
necessary and /or desirable for the satisfactory performance of the duties of the job.
Lay -Off: The separation of an Employee from employment due to elimination of a
position; lack of funds or other reason determined by the City Council.
Performance Report: A review of an Employee's performance by the supervisor to
communicate an Employee's strengths or deficiencies, as well as expectations for
improvement.
Position: A specific job, calling for the performance of certain duties and having certain
responsibilities.
Probationary Period: A period of time at the beginning of employment (or the beginning
period of a promotion, transfer) that is designed as a trial period. The probationary period is
also considered a training period and is the last part of the selection process.
Promotion: An advance in position from one classification or grade to a higher
classification or grade.
Resignation: Employment termination initiated by the Employee who chooses to leave the
employment voluntarily.
Transfer: A movement of an Employee from one job class or position to another of
comparable class and pay range.
3. ORGANIZATION
3.1 Personnel Files
Employment File: The City Administrator or designee shall maintain a separate
employment file for each Employee. Each file shall contain a record of each
classification of each position the Employee has held with the City and shall also
contain a record of all personnel action regarding the Employee including
examination records, performance reports, disciplinary proceedings, demotions,
promotions, salary changes and any other document relevant to City employment.
3.2 Job Description
General: The City will maintain a written description of each job containing a title, a
statement of duties, authority and responsibilities of the position, and the experience
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and qualifications deemed necessary and/or desirable for the satisfactory
performance of the duties of the position. These descriptions will normally be
updated periodically, as duties or assignments change, or at the discretion of the City
Administrator.
3.3 Assignment of Work
Responsibility: 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 organization.
3.4 Classification of Job Duties
Responsibility: 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 designee.
Salary Range: Each job description shall be assigned a salary range based upon, but
not limited to, the following factors:
A) An evaluation of the knowledge, accountability, problem solving, abilities and
working conditions of the position;
B) The duties and rates of pay for other job classifications, whether comparable
or not;
C) The prevailing rates of pay for comparable positions in both public and
private employment in the appropriate labor market;
Di Financial and fiscal policies and considerations of the City, and other
pertinent economic factors.
Approval: Each fiscal year, the City Council shall review the pay plan and make
changes it determines are necessary. The City Council may modify salary ranges at
any time. The City Council shall adopt hourly rates of pay for all positions not
covered by the classification and pay plan.
Reclassification: Whenever a job has changed sufficiently so that it no longer fits
the description, the City Administrator or designee shall make recommendation to
the City Council regarding the appropriate action which could involve: reclassifying
the job to another existing job class; creating a new job class, updating the job
description, restructuring the job to fit an established or proposed class, or other
action as deemed appropriate.
4. APPOINTMENTS
4.1 Vacancies
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General: Vacant positions that the City Council chooses to fill will be filled on the
basis of a regular or temporary appointment and may be made on a full-time or part-
, time basis.
Procedure: Vacancies may be filled by promotion of an existing qualified employee
or filled by hiring from outside as determined by the City Council..
Evaluation Method: 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.
4.2 Job Posting
Internal Posting: Position vacancies for regular full-time and regular part -time
positions will be posted on the official City bulletin boards in City Hall and the
Public Works building in addition to, or in lieu of advertising externally. The posting
will specify the title, starting salary or range, the nature of the work to be performed,
how to apply, the closing date for receiving applications, and other pertinent
information.
4.3 Recruitment and Selection
Recruitment: The City Administrator or designee is responsible to manage the
recruitment process to assure compliance with federal and state laws as well as City
of Centerville practices. This includes approving all job postings, advertisements,
placing of job advertisements, addendums to the application and other recruitment
materials. The City Administrator or designee will meet with the appropriate
supervisor to determine the best methods for recruiting. All appointments shall be
made on the basis of merit and fitness for the position. Merit and fitness may be
determined by written, oral and /or other job - relevant examination, as well as by
consideration of education, past experience and other job - relevant qualifications.
Announcement: When the City recruits a position externally, the position will be
advertised in selected newspapers, periodicals, newsletters and /or through direct
mailings at least ten (10) days in advance of the deadline for application.
Application Form: Applicants for initial hire or promotion must normally submit
written application materials setting forth their qualifications and such other
information as may be pertinent and required by the City. Unless otherwise
stipulated by the City Administrator, applications will not be considered complete
without the inclusion of a signed, official City of Centerville employment application
form.
Application Review: The City Administrator and /or the supervisor shall review all
applications and conduct job - relevant background reviews screening all applications to
determine candidate qualifications. Initial interviews may be conducted of the
applicants whose qualifications are best - suited for the position. Any applicant not
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meeting minimum qualifications required for the position shall be rejected for further
consideration.
Examination: If an examination is required for a position, the examination shall be
administered by the City Administrator or his /her designee at a time and place
established by the same. Upon receipt of the examination results, the City
Administrator or his /her designee shall notify each person taking the examination, in
writing, of the results of the examination. Examination scores will be adjusted in
accordance with the provisions of the Veterans Preference Act where applicable.
Disqualification of Application: An applicant may be rejected at any time if the
applicant fails to respond at any stage of the selection process.
4.4 Appointment Authority
Regular: The City Council is the Appointment Authority for the City of Centerville
and will make all full-time appointments, based upon the recommendation of the
City Administrator. The City Administrator shall submit a hiring recommendation
based on the interview results of eligible candidates to the City CounciL
Other: Appointments to budgeted part-time, seasonal, intermittent, and temporary
positions may be delegated to the City Administrator.
4.5 Temporary Appointments
General: If necessary to prevent interruption of service or inconvenience to the
public, the City Council may approve temporary appointments. A temporary
appointment may be made for a specified period of time or may be open- ended.
When the appointment is open - ended, the City Administrator shall determine the
ending date based on needs of the City, subject to Council approval. Temporary
appointments will normally be of duration of six months or less. Extension of this
maximum time period may be made on an exception basis if warranted by the needs
of the City and approved by the City Council. Appointees to temporary positions
will not be entitled to benefits.
4.6 Pre - Employment Medical Exams
Applicability: The City may determine that a pre- employment medical examination
is necessary to determine fitness for any City position. Where a medical examination
is required, the offer of employment shall be made contingent upon successful
completion of the medical exam. If the City determines that pre - employment
medical exams will be required, they shall be required of all candidates who are
conditionally offered employment for a given job class.
Confidentiality: The information obtained during the medical exam shall be treated
in the same manner as for confidential medical records under the Minnesota Data
Practices Act and HIPAA regulations.
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Exam: A licensed physician designated by the Employer shall conduct the exam.
The physician conducting the exam shall be provided with a description of the duties
and responsibilities and other pertinent information about the position. The City
shall pay the cost of the exam. The physician shall notify the City Administrator
whether or not a candidate is medically able to perform the job.
Notification of Results: The City Administrator shall inform the candidates of the
results of their examination. If a candidate is rejected for employment based on the
results, he or she shall be notified of this determination and may request further
explanation from the physician.
4.7 Employment of Minors
General: Employment of minors will be limited to the ages and conditions as
provided by the federal Fair Labor Standards Act (FLSA) and, where more
restrictive, State child labor laws.
4.8 Union Representation
Labor Relations Act: Relations between the City and its organized Employees are
guided by the Public Employment Labor Relations Act (PELRA) of 1971, as
amended. A copy will be made available for Employees upon request. Joining a
union is not required for employment. However, under the Act, the Union may
require individuals in a represented bargaining unit who are not members of the
Union to contribute a "fair share fee."
4.9 Probationary Appointments
Purpose: The probationary period is an integral part of the selection process and
shall be utilized for observing an Employee's work and for training the Employee in
the work expectations, for assessing the Employee's abilities, skills, and interest, and
for rejecting any Employee whose performance does not meet the required work
standards. The first six (6) months of employment shall be considered an
Employee's probationary period except for exempt employees which shall be twelve
(12) months.
Duration: Probationary periods apply to new hires, transfers, promotions and
rehires. The Council, under special circumstances, may extend the probationary
period up to a maximum of six (6) additional months.
Termination during Probationary Appointment: The City Council, or the City
Administrator with approval of the City Council, may terminate an Employee
anytime, for any reason, during that Employee's probationary period. The Employee
so terminated shall be notified in writing of the reasons for the termination and shall
not have the right to appeal unless he or she is a veteran, in which case the procedure
prescribed in Minnesota Statute §197.46 shall be followed. Nothing in this
Personnel Policy shall be construed to imply that after completion of the
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probationary period, an Employee has any vested interest or property right of City
employment.
Demotion: Employees terminated during a probationary period from a position to
which they were transferred of promoted may be reinstated to a position in the class
from which they were transferred or promoted, upon approval of the appointing
authority. I£ a position in that class is not open, the Employee may be placed on
leave of absence of up to twelve months without pay until such time as an
appropriate position is available. If no position is available within twelve months, the
option to reinstate shall be expired.
Completion of Probation Period: A performance evaluation will be completed
and reviewed with the Employee before the end of the probationary period. The
City Administrator will notify the Council as to whether the Employee's
performance has been satisfactory or not, and whether the employment relationship
should be continued.
City Administrator: In the case of the City Administrator, the Council will evaluate
the Employee and determine whether or not to continue the employment
relationship. The evaluation of the City Administrator shall be in writing on a
performance review form.
Notification: If the notification indicates the Employee has successfully completed
the probationary period and employment will be continued, the Employee will
become a regular Employee within the meaning of this policy. The Employee's
length of service will be computed from the date of hire for the purpose of
calculating the term of probationary period.
4.10 Background Investigation
Upon the request of the City Administrator, the police department shall provide
certain criminal history data contained in the Minnesota Criminal Justice Information
System. The data to be provided must only be about finalists for City positions of
employment. The City Administrator must obtain the consent of the finalists before
requesting the data, but an applicant's failure to provide consent may disqualify the
applicant from the prospective position.
5. EMPLOYMENT STATUS CHANGES
5.1 Reclassification
General: A recommendation for an Employee to receive a reclassification will be
made on the basis of the job's content, resulting from significant changes in the kind,
difficulty, andjor responsibility of the work performed in the position. A
reclassification may warrant an increase or decrease in salary range. The City Council
must review all reclassification recommendations made by the City Administrator.
Reclassification will be approved only by the City Council.
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5.2 Promotion
General: Vacancies may be filled by promotion of present Employees who meet the
requirements established for the classification, when the City Council determines that
a promotion is in the best interest of the City.
5.3 Demotion
General: An Employee may be demoted if found unsuited for the present position
but may be expected to perform satisfactorily in a position of having a lower pay
range, rank or grade, and /or lesser responsibility than previously held. An Employee
may also be demoted if his /her position has been abolished or reclassified and
he /she cannot be transferred to a position of equal pay for which they are qualified
and suited.
5.4 Reduction of Workforce
General: If it is necessary to reduce personnel, temporary Employees and those
serving a probationary period in affected job classes will be separated before regular
Employees. Within each of these groups, the selection of Employees to be retained
shall be based on merit and ability as determined by the City Administrator, subject
to Council Approval.
Lay - off: The City may lay off any Employee whenever such action is made
necessary by reason of shortage of work or funds, the abolition of a position, et
because of changes in organization or other reason determined by the City Council.
Two weeks advance written notice of the lay -off shall be given when the need for the
layoff is foreseeable. An Employee may be transferred to another position if the
City Council determines that such Employee is qualified and a position is available.
When a lay -off occurs in a job classification in which more than one Employee
serves, qualification and job performance as determined and applied by the City
Council shall be the basis for determining which Employees are laid -off unless
otherwise required by law.
Not Disciplinary Action: The suspension and dismissal procedures outlined in
Section 17, Discipline, of these policies shall not apply to separation covered by
reduction in force.
6. COMPENSATION AND WORK HOURS
6.1 General Policy
Wages: All Employees of the City shall be compensated according to wage
schedules or salaries as determined annually by the City Council upon the
recommendation of the City Administrator. The Council may change or modify the
wages or salary of any job class at any time for budget reasons.
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Starting Wage: Initial appointments to full -time positions will normally be made at
the adopted wage for the applicable job class. Exceptions 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
Bi- weekly: Employees shall be paid by check, on alternate Thursdays. The pay
received by an Employee will be for the hours worked during the pay period plus any
holidays, compensatory time, overtime, and PTO taken during the period.
6.3 Work Hours
General: All Employees are expected to perform their regular work duties when
required to do so by their supervisor, including situations where the workday or
workweek requires additional hours or different hours from that normally scheduled.
The City Administrator may also adjust normal work weeks and days for the
posidons that require the exercise of duties and responsibilities outside of normal
hours (for example, the need to attend City Council meetings).
Timeliness: It is expected that all Employees will report to work on time, use their
available hours to the best advantage, and leave only after the regular work hours are
completed. The City Administrator may also adjust normal work weeks and days for
the positions that require the exercise of duties and responsibilities outside of normal
hours (for example, the need to attend City Council meetings).
Full -Time Work Week Defined: The regularly scheduled work week for full-time,
non - supervisory Employees is eight (8) hours per day and forty (40) hours per week,
with the regular work week defined as Monday through Friday, 7:30 a.m. to 4:00
p.m., including rest periods. The City Administrator may also adjust normal work
weeks and days for the positions that require the exercise of duties and
responsibilities outside of normal hours (for example, the need to attend City
Council meetings).
Part -Time Work Week Defined: The regularly scheduled work week for part-
time, non - supervisory Employees is less than thirty —two (32) hours per week,
including rest periods. Flexible work schedules will be allowed on a case by case
basis as approved by the City Administrator. The City Administrator may also adjust
normal work weeks and days for the positions that require the exercise of duties and
responsibilities outside of normal hours (for example, the need to attend City
Council meetings).
6.4 Work Breaks
Meal Break: Employees working eight or more consecutive hours will be scheduled
an unpaid meal break of one -half hour.
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Rest Break: When working under conditions where the use of a rest break is
practical, Employees will be allowed to take a fifteen - minute break approximately
midway through each four -hour shift. The time of the break is subject to the
approval of the supervisor. Unused rest breaks may not be accumulated, nor may
they be used for any purpose other than a mid -shift rest period. Unused rest breaks
may not be used to leave work early.
6.5 Job Sharing
General: 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 Overtime /Compensatory Time
General: The City of Centerville has established this overtime policy to comply with
applicable state and federal laws governing accrual and use of overtime. The City
Administrator will determine whether each Employee is designated as "exempt" or
"non- exempt" from earning overtime. In general, Employees in executive,
administrative, and professional job dasses are exempt; all others are non - exempt.
Non - Exempt Employees: All overtime - eligible Employees will be compensated at
the rate of time and one -half (1' /z) for all hours worked over 40 in one workweek.
Personal leave and paid holidays will count toward "hours worked." Compensation
will take the form of either overtime pay or compensatory time. Compensatory time
is paid time off at the rate of one and one -half (11/2) off for each hour of overtime
worked.
Workweek: The workweek is Sunday morning from 12:00 a.m. to Saturday evening
at 11:59 p.m.
Approval: The Employee's supervisor must approve overtime hours in advance.
An Employee who works overtime without prior approval may be subject to
disciplinary action. 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. In the event of an
emergency situation, the City Administrator shall be notified immediately.
Compensatory Time: Overtime earned will be paid at the rate of time and one -half
on the next regularly scheduled payroll date, unless the Employee and the
Department Head mutually agree in advance the overtime will be banked as
compensatory time in lieu of payment. This advance agreement can take the form of
the Employee indicating on his /her timesheet that he /she would prefer to receive
compensatory time rather than paid overtime for the overtime hours worked on that
payroll period.
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Accumulation: The maximum compensatory time accumulation is forty (40) hours
unless a higher amount is established by the City Council.
Use of Compensatory Time: Employees may request and use compensatory time
off in the same manner as other leave requests. Supervisors shall normally grant
such requests, even if another Employee must be called in to cover the hours, unless
it causes a serious disruption in business operations.
Exempt Employees: Exempt Employees are expected to work whatever hours are
necessary in order to meet the performance expectations outlined by their
supervisors. Generally, to meet these expectations, and for reasons of public
accountability, an exempt Employee will need to work forty (40) or more hours per
week. Exempt Employees do not receive extra pay for the hours worked over forty
(40) in one workweek.
Salary Basis: Exempt Employees are paid on a salary basis. This means they
receive a predetermined amount of pay each pay period and are not paid by the hour.
Their pay does not vary based on the quality or quantity of work performed, and
they receive their full salary for any day in which any work is performed. The City
will only make deductions from the weekly salary of an exempt Employee in the
following situations:
A) The Employee is in a position that does not earn personal leave and is absent
for a day of more for personal reasons other than sickness or accident.
B) The Employee is in a position that earns personal leave, receives a short term
disability benefit or workers' compensation wage loss benefits, and is absent
for a full day due to sickness or disability, but he /she is either not yet
qualified to use the paid leave or he /she has exhausted all of his /her paid
leave.
C) The Employee is absent for a full workweek and, for whatever reason, the
absence is not charged to paid leave (for example, a situation where the
Employee has exhausted all of his /her paid leave or a situation where the
Employee does not earn paid leave.)
D) The very first workweek or the very last workweek of employment with the
City in which the Employee does not work a full week. In this case, the City
will prorate the Employee's salary based on the time actually worked.
E) The Employee is in a position that earns paid leave and is absent for a partial
day due to personal reasons, illness or injury, but:
• Paid leave has not been requested or has been denied;
• Paid leave is exhausted;
• The Employee has specifically requested unpaid leave.
F) The Employee is suspended without pay for a full day or more for
disciplinary reasons for violations of any written policy that is applied to all
Employees.
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G) The Employee takes unpaid leave under the Family and Medical Leave Act
(FMLA).
H) The City may for budget reasons implement a voluntary or involuntary
unpaid leave program and, under this program, make deductions from the
weekly salary of an exempt Employee. In this case, the Employee will be
treated as non - exempt for any workweek in which the budget- related
deductions are made.
I) The City will not make deductions from pay due to exempt Employees being
absent for jury duty, attendance as a witness, or temporary military leave, but
will require the Employee to pay back to the City any amounts received by
the Employee as jury fees, witness fees, or military pay. If the City
inadvertently makes an improper deduction to the weekly salary of an exempt
Employee, the City will reimburse the Employee and make appropriate
changes to comply in the future.
Requirement to Work Overtime: Generally overtime should be avoided; however,
all Employees, in all departments, are required to work overtime as requested by
their supervisors as a condition of continued employment. Refusal to work overtime
may result in disciplinary action. Supervisors will make reasonable efforts to balance
the personal needs of their Employees when assigning overtime work.
6.7 Outside Employment
General: Employees must devote all work time to City business. Work time describes
the entire workday as scheduled. No work relating to outside employment or other
non -City business may be performed during work time.
Conflict of Interest: Outside employment may not present a conflict of interest, or
in any way jeopardize the welfare of the City.
Performance: Outside employment shall not interfere with an Employee's proper
performance of City duties. Employees are required to be available at all times for
emergency or overtime work as needed. With the exception of overtime work,
Employees should be able to report to work refreshed and ready for work.
Contracts with City: Employees are prohibited from working for any contractor or
company that has a contract with the City during the period of time in which work is
being done for the City.
Supplies: No Employee shall accept employment that requires the use of City
equipment, facilities or material.
Compensation: No Employee shall accept pay or compensation from anyone for
work done during time being reimbursed by the City. Employees who are volunteer
firefighters shall:
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A) Make up time lost due to emergency calls; or
B) Use accumulated personnel leave or other leave for such calls, or pay the City
any earnings received as a volunteer for such calls.
C) Unless authorized otherwise, only one Employee from a single department,
may respond to an initial fire call.
Questionable Situations: 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
General: Employees may not be absent from duty without permission from their
supervisor. Any Employee absent from duty without leave or permission will be
subject to disciplinary action up to and including dismissal. Unauthorized absence
from work may be considered a resignation without notice and not in good standing.
6.9 Solicitation
General: 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. Distribution of literature by Employees including handbills, leaflets,
circulars or other similar material is prohibited at any time in any working area.
7. HOLIDAYS
7.1 General
Eligibility: Regular full -time Employees are eligible for the paid holidays as listed
below. Part -time, seasonal and temporary Employees will not be eligible for holiday
pay.
7.2 Holidays
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Fourth Friday Friday after Thanksgiving
Christmas Day December 25
Floating Holiday Date to be pre - approved.
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Sunday /Saturday Holidays: If a holiday falls on a Sunday, the following day will
be the observed holiday. If a holiday falls on a Saturday, the preceding day will be
the observed holiday.
Floating Holiday: Each Employee gets one floating 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
Y
Worked: An Employee required to work on a holiday shall be paid at the rate of two
and one -half (2 1/2) times the Employee's rate of pay.
Not Worked: An Employee not scheduled to work on holidays will be compensated
at the normal hourly rate.
On Leave: Holidays occurring during an Employee's PTO or funeral leave will be
considered a holiday and the Employee's leave bank will not be charged for PTO or
funeral on that day.
8. PERSONAL TIME OFF (PTO) - LEAVE WITH PAY
8.1 General
Eligibility: Full-time Employees who have worked for the City for at least six
months are eligible to accrue annual Personal Time Off leave (PTO) from the date
the Employee is hired. PTO will be available for use as it is accrued according to the
schedule below.
8.2 Accrual
Rate of Accrual: Full-time Employees shall earn PTO leave at the following rates.
Years of Service PTO Earned
0 through 5 years 6.77 hours per pay period
6 through 10 years 8.31 hours per pay period
11 through 15 years 9.85 hours per pay period
16 through 20 years 11.38 hours per pay period
After 20 years 12.92 hours per pay period
Accrual While Using: Employees using earned PTO shall be considered to be
working for the purpose of accumulating additional PTO.
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8.3 Requirements
Usage: Personal Time Off (PTO) Leave may be used as earned, subject to approval
by the Department Supervisor or City Administrator. PTO may be taken in
increments of one hour or more. Up to a maximum of 192 hours of accrued PTO
may be carried over to the next year.
Procedure: To be eligible for PTO leave with pay, an Employee shall report as
soon as possible to his or her Department Head the need to take personal leave and
its estimated duration. Requests to use PTO shall be received at least twenty -four
hours in advance of the requested time off. This notice may be waived at the
discretion of the City Administrator.
Pay -Out of PTO Leave: The rate of PTO pay will be the Employee's regular rate
of pay in effect at the time of PTO request. In the event of termination in good
standing, all earned PTO will be paid at the Employee's regular rate of pay.
Use of PTO Leave during a Holiday: Holidays occurring during an Employee's
PTO leave will be considered a holiday and the Employee will not be charged for PTO
on that day.
Coordination of PTO Leave with Family and Medical Leave: In order to allow
coordination of Personal Time Off leave with Family and Medical Leave, Employees
seeking to take PTO may be required to provide enough information about the purpose
of the leave to allow a determination of whether the leave will also qualify for Family
and Medical leave.
Waiver of PTO Leave Prohibited: No Employee is permitted to waive personal
leave for the purpose of receiving double compensation.
Workers' Compensation: Employees are covered by workers' compensation laws
and regulations of the State. In the event an Employee is disabled and is entitled to
workers' compensation, the Employee will keep any workers' compensation
payments received and will be eligible to receive a bi- weekly pay check equal to one-
third (1/3) of the Employee's regular pay through the use of personal leave benefits.
In addition, the Employee will be entitled to insurance benefits during a workers'
compensation leave. Employees receiving such workers' compensation will be
considered working for the purpose of accumulating additional personal leave
benefits.
Unused PTO Leave Pay: Any unused Personal Time Off leave may be paid out
subject to the following rules and regulations:
(A) The Employee must be in good standing and give proper notice of
termination in the case of resignation.
(B) Qualifying Employees shall receive pay for all of their unused PTO
accumulated at the time of termination.
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(C) For participating employees, unused PTO at termination shall be paid into an
employee's Health Care Savings Plan. See Appendix A for details.
8.4 Donation of Personal Leave
General: With the expressed written approval of the City Council, City Employees
may donate accrued PTO in one -hour increments to fellow Employees experiencing
extended time off due to a serious medical problem or condition and who have no
accumulated PTO or compensatory time. The use of this donated personal leave
must be approved by the Department Head and the City Administrator and will be
converted to the receiving Employee's hourly rate. This subdivision does not apply
to part-time, temporary or seasonal positions. The donation of personal leave from
one Employee to another shall be subject to the additional following terms and
conditions.
(A) A written request to donate personal leave must be made to the City Council
via the City Administrator.
(B) The City Administrator shall have the right to deny use of donated personal
leave or limit its use in the best interests of the City.
9. LEAVES OF ABSENCE
9.1 Unpaid Leave
General: The City Administrator may authorize an unpaid leave of absence for up
to ten (10) days. Unpaid leaves of absence for greater periods must be authorized by
the City Council. Decisions on unpaid leave of absence requests will normally take
into consideration the Employee's performance, length of service and the general
interest of the City. No Employee benefits will be earned by an Employee while on
unpaid leave of absence and an Employee will not accrue or be paid holiday pay or
PTO leave while on leave of absence. Leave of absence hours will not count toward
seniority and all accrued PTO must normally be used before an unpaid leave of
absence will be approved.
9.2 Medical Leave
General: Full -time employees may take of to six (6) weeks of unpaid leave for
reasons relating to family and medical care.
Eligible Uses: Eligible Employees can take up to six (6) workweeks of unpaid leave
during a twelve (12) month period to care for a newborn or newly adopted child or
newly - placed foster child; care for a spouse, son, daughter or parent with a serious
health condition; or care for themselves during a serious health condition. A serious
health condition is defined as:
(A) An illness, injury, impairment or physical or mental condition that involves
either inpatient care or continuing treatment by a health care provider for
three (3) or more consecutive days;
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(B) Any period of incapacity because of pregnancy or prenatal care;
(C) Any period of incapacity because of a chronic, serious condition;
(D) Any period of absence to receive multiple treatments by health care
providers for reconstructive surgery after an accident or injury, or for a
condition that would likely result in a period of incapacity of more than three
(3) consecutive days if left untreated.
Medical Certification: The City may require the Employee to document the need
for the leave by providing a certification issued by a health care provider. The
Employee will be allowed fifteen (15) calendar days to obtain the certification.
Intermittent /Reduced Schedule Leave: Employees may take leave on an
intermittent basis or work a reduced schedule under certain circumstances and
subject to City Council review and approval.
Substitution of Paid Leave: Employees may choose to use accrued paid leave to
cover some or all of the leave taken.
Job Restoration: When an Employee returns from medical leave, the City will
restore the Employee's original job or an equivalent job unless the Employee's job
was eliminated during the leave. In this instance, the employee will be treated as laid
off pursuant to Section 5.4.
Health Benefits: The City will keep the Employee on its health insurance coverage,
including family coverage, but will not continue to pay the City's share of the
coverage. The Employee must pay the entire premium. The City may cancel
coverage if the Employee's premium payment is more than thirty (30) days late and
the City has given the Employee written notice at least 15 days in advance advising
that coverage is going to be canceled if the premium is not received.
Other Benefits: Other benefits, including cash payments chosen by the Employee
instead of group health insurance coverage do not have to be maintained during
periods of unpaid medical leave. No Employee benefits will be earned by an
Employee while on unpaid leave of absence and an Employee will not accrue PTO
leave or be paid holiday pay while on leave of absence
9.3 Military Leave
General: Minnesota Statutes, § 192.26 — 192.261 provide that an Employee of a
municipality who is a member of the National Guard, the Naval Militia, the Officer's
Reserve Corps, the Naval Reserve, the Marine Corps, or any other reserve
component of the military or naval forces of the United States, is entitled to a leave
of absence without loss of pay, seniority status, efficiency rating, or benefits for the
time such Employee is engaged in training or active service, not exceeding a total of
fifteen (15) days in any calendar year.
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Conditions: The leave of absence is only in the event the Employee returns to
employment immediately upon being relieved from military or naval service, or is
prevented from returning by physical or mental disability or other cause not the fault
of the Employee, or is required by the proper authority to continue in military or
naval service beyond the fifteen (15) day period allowed for the paid leave of
absence.
Notice Requirements: Notice will be given to the City at least fifteen (15) working
days in advance of the requested leave. Notice may be waived under certain
circumstances.
Active Duty: 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
his /her fifteen (15) days of paid leave when called to active duty, use of any unused
paid time will be allowed prior to the unpaid leave of absence.
Benefits: Eligibility for continuation of insurance coverage will be in accordance
with the Uniformed Services Employment & Reemployment Rights Act of 1994
(USERRA). The Employee and dependents have the right to eighteen (18) months
of continuation coverage. When the Employee returns to work, the Employee and
any dependents may re -enroll in the City's insurance plan without any pre- existing
condition limitations or waiting periods that might otherwise apply to a new
Employee, whether or not the Employee or their dependents chose to continue
coverage during military leave. The leave of absence will not be considered work
time for purposes of PTO accrual.
Status upon Return: Returning reservists have the right to return to their jobs or to
another job of similar seniority, status, and pay upon completion of active duty in
accordance with M.S. 192.261, Subd. 2 and 38 U.S.C. § 2021 and 2024. If the
Employee chooses not to return to work for the City, federal COBRA and /or
Minnesota Continuation laws would apply.
9.4 Jury Duty
General: Regular Employees may be absent with pay when serving jury duty or
when subpoenaed as a witness in court or voluntarily serving as a witness in a case in
which the City is a party.
Pay: To receive their normal wages, the Employee must pay the City the jury duty
compensation, minus any mileage or parking reimbursement. If the jury duty
compensation exceeds the regular salary rate, the Employee may keep the difference.
9.5 Funeral Leave
General: Paid time off may be granted, up to a maximum of three (3) days, in the
event a regular Employee suffers a death in his or her immediate family, in
accordance with the provisions of this Section. Additional time off without pay, or
Personal Time Off if available and requested in advance, will be granted as may
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reasonably be required under individual circumstances, subject to the approval of the
department head.
Immediate Family Defined: Immediate family (for purposes of this Section) is
defined as an Employee's parent, step - parent, spouse, child, step -child, foster child,
adopted child, brother, sister, step - brother, step - sister, grandparent, grandchild,
spouse's parents, brother -in -law or sister -in -law.
Pay: The actual amount of time off, and funeral leave approved will be determined
by the City Administrator 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.
9.6 Parenting Leave
General: Under Minnesota Statute 181.941, an Employee is eligible to take up to
six weeks time off without pay in conjunction with the birth or adoption of a child.
The leave may begin not more than six weeks after the birth or adoption; except
that, 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.
Eligibility: Employees who work at least half -time and have worked for the City
for at least twelve (12) consecutive months are eligible for parenting leave.
Health Benefits: Insurance coverage as was previously in effect, will continue while
on parenting leave. The City will continue to pay its share of the coverage as if the
Employee were at work. The Employee will be responsible for his /her share.
Use of Personal Leave: Employees are not required to use personal leave during
parental leave but may use personal leave at their option for any period of this leave.
Benefits will not continue to accrue during unpaid Parenting Leave.
Reinstatement: The Employee is entitled to return to work in the same or
comparable position and at the same rate of pay the Employee was receiving prior to
commencement of the leave unless the Employee's job was eliminated during the
leave. In this instance, the Employee will be treated as laid off pursuant to Section
5.4.
9.7 School Conference and Activities Leave
Leave of 16 Hours: Under Minnesota Statute § 181.9412, an Employer must grant
an Employee leave of up to a total of sixteen- (16) hours during any twelve- (12)
month period to attend school conferences or school - related activities related to the
Employee's child, provided the conferences or school - related activities cannot be
scheduled during non -work hours. If the Employee's child receives child care
services or attends a pre - kindergarten regular or special education program, the
Employee may use the leave time provided in this section to attend a conference or
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activity related to the Employee's child, or to observe and monitor the services or
programs, provided the conference, activity, or observation cannot be scheduled
during non -work hours. When the leave cannot be scheduled during non -work
hours and the need for the leave is foreseeable, the Employee must provide
reasonable prior notice of the leave and make a reasonable effort to schedule the
leave so as not to disrupt unduly the operations of the Employer.
Foster Child: For the purpose of this section, the definition of "child" includes
foster child.
Unpaid or Use of PTO: The school conference and activities leave will be unpaid,
except that an Employee may substitute any accrued paid PTO leave or
compensatory time for any part of the leave under this section.
9.8 Service as Election Judge
General: Under Minnesota Statutes § 204B.195, an individual who is selected to
serve as an election judge pursuant to § 204B.21, subdivision 2 may, after giving the
Employer at least 20 days' written notice, be absent from work for the purpose of
serving as an election judge without penalty. The Employer may restrict the number
of Employees serving as election judges to twenty (20) per cent of the workforce at a
single worksite.
Wages: The salary or wages of the Employee serving as an election judge shall be
reduced by the amount paid to the election judge by the appointing authority during
the time the Employee was absent from employment. The Employee also has the
option to use personal leave for the absence.
Request: The written request to be absent from work must be accompanied by a
certification from the appointing authority stating the hourly compensation to be
paid to the Employee for service as an election judge and the hours during which the
Employee will serve.
9.9 Leave for Bone Marrow Donation
General: Under Minnesota Statute § 181.945, an Employee who works an average
of at least 20 hours per week is entitled to a paid leave of absence to undergo a
medical procedure to donate bone marrow. The combined length of the leave may
not exceed forty (40) hours, unless agreed to by the Employer. The Employer may
require verification by a physician of the purpose and length of each leave requested
by the Employee to donate bone marrow. If there is a medical determination that
the Employee does not qualify as a bone marrow donor, the paid leave of absence
granted to the Employee prior to that medical determination is not forfeited.
9.10 Civil Air Patrol Leave
General: Under Minnesota Statute § 181.946, an Employee who works an average
of at least 20 hours per week and is a member of the civil air patrol is entitled to
leave of absence without pay for time spent rendering service as a member of the
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•
civil air patrol on the request and under the authority of the State or any of its
political subdivisions. The leave shall be granted unless the leave would unduly
disrupt the operations of the Employer.
9.11 Time Off to Vote
General: Under Minnesota Statute 204C.04, every Employee who is eligible to vote
in an election has the right to be absent from work for the purpose of voting during
the morning of the day of that election, without penalty or deduction from salary of
wages because of the absence.
Elections Covered: For purposes of this section, "election" means a regularly
scheduled State primary or general election, an election to fill a vacancy in the office
of United States Senator or United States Representative, or an election to fill a
vacancy in the office of State Senator or State Representative.
9.12 Leave for Adoptive Parents
General: Under Minnesota Statute § 181.92, Employees shall, upon request, be
granted a minimum of four weeks off, without pay, for the adoption of a child. The
period of time off shall begin before, or at the time of, the child's placement in the
adoptive parent's home, and shall be for the purpose of arranging the child's
placement or caring for the child after placement. An Employee may choose to use
accrued personal leave for all or a portion of the adoption leave.
9.13 Sick or Injured Child Care Leave
General: Under Minnesota Statute § 181.9413, Employees may use personal leave
benefits provided by the City for absences due to an illness of or injury to the
Employee's child for such reasonable periods as the Employee's attendance with the
child may be necessary, on the same terms the Employee is able to use sick leave
benefits for the Employee's own illness or injury.
10. TEMPORARY LIGHT DUTY POLICY
10.1 Application
Temporarily Disabled: Consistent with public service needs, the City may assign
light duty to employees who are temporarily disabled and unable to provide full
performance of all work duties assigned to their job classification. The City reserves
the sole right to determine, on a case -by -case basis, whether light duty will be
assigned and, if assigned, what duties the employee will be expected to perform in
the duration of the assignment.
Procedure: The procedure for applying for light duty assignment will be as follows:
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•
A) When an Employee is unable, due to temporarily 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 the 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 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.
11. INSURANCE PLANS
11.1 Health, Dental, Disability, & Life Insurance
Upon proper application and subject to payment of any required premiums, all
regular full time Employees, working at least 32 hours per week, will be required to
be covered by the City's health, dental, short-term disability and life insurance plans.
Subject to the payment of the required premiums, an Employee's dependents may
also be covered under such plans. If the city participates in a "High Deductible"
health plan, the deductible shall be fully funded through payroll deduction and
deposited into an employee "Health Care Savings Account"
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11.2 Cafeteria Plan
The City will contribute an amount, designated on an annual basis by action of the
City Council, to the Employee for use in the City's Cafeteria Plan. Employees are
required to choose at least the core benefit plan, as defined in the City's Cafeteria
Plan document. Any balance remaining after the required core benefits have been
purchased may be used in any authorized area of the plan, such as:
(A) The purchase of additional life, disability, or long term care insurance offered
through the City's plan;
(B) Contribution to an authorized flexible spending account;
(C) Contribution to an Employer sponsored deferred compensation (457)
program.
(D) Or, the Employee may elect to receive the balance in taxable income.
11.3 Continuation of Benefits
Health Plans: Employees will be allowed to continue health and dental insurance
coverage upon termination in accordance with Minnesota Continuation laws and /or
federal COBRA regulations. Certain "qualifying" events trigger an Employee's
and /or dependents' right to continuation coverage.
Termination or Reduction: Generally, an Employee and his or her dependents are
allowed to continue coverage for a period of eighteen (18) months when one of the
following qualifying events occurs:
• A reduction in the Employee's work hours (including strikes or
layoffs); or
• Voluntary or involuntary termination of the Employee for reasons
other than gross misconduct.
Divorce, Separation, Death: In the instance of divorce, legal separation or death
of the Employee, a spouse and /or dependent child may continue coverage until:
• Coverage is obtained under another group plan; or
• Until coverage would otherwise end under the plan, such as the City
terminating their group coverage for all Employees.
Life Insurance Benefits: Generally, if an Employee loses coverage through
termination of employment or reduction in hours, s /he has a right to continue group
life insurance benefits for a period of eighteen (18) months from the loss of the
coverage date.
Health FSA: In cases where an Employee has under -spent his /her health FSA,
coverage generally will only be continued until the end of the plan year.
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12. EMPLOYEE TRAINING /TRAVEL
12.1 General Policy — Training and Education
Employees may take advantage of training opportunities to help them improve the
performance of their present work assignments and to prepare them for future
assignments.
Cost, staffing, benefit to the City, and other appropriate issues will be considered by
the City Administrator in approving requests or assigning training. Time to attend
required training will normally be paid time.
Advance payments may be authorized for conference registration fees. Once paid,
Employees will be held responsible for those fees if the Employee later chooses not
to attend, unless unforeseen circumstances appear such as an illness, death in the
family, emergency, etc. Other expenses eligible for reimbursement require receipt of
appropriate documentation. Required documentation and receipts vary depending
on the event. Meals, lodging and parking require itemized receipts.
12.2 Tuition Reimbursement /Educational Assistance
The City of Centerville encourages its Employees to enroll in job related educational
programs and may provide support through tuition reimbursement. This does not
include reimbursement for textbooks or study materials. Under IRS regulations, the
reimbursement of certain courses must be reported as taxable income to the
Employee.
Requirements: In order for a class to qualify for reimbursement, the following
conditions must be met:
• The class /course must be job related;
• The class /course must be taken from an accredited institution of
higher learning or vocational- technical school;
• The class /course must be approved by the City Administrator prior
to enrolling;
• The Employee must receive a passing grade (C or better) in order to
receive reimbursement;
• The Employee must complete a Tuition Reimbursement form and
provide a brief course outline;
• After the class /course has been completed, the Employee must
provide a photocopy of the grade form and the original receipt for
tuition;
• The Employee must remain with the City for one year after
completing the class /course, or reimburse the City for the total cost
of any class taken in the previous one -year period.
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Forms: Tuition Reimbursement forms are available from the Finance Director. A
photocopy of the completed Tuition Reimbursement form will be placed in the
Employee's personnel file.
Limit: No employee may receive in excess of $1,500 tuition reimbursement in any
one calendar year. The City Council may waive this limitation in unusual
circumstances where it is determined that there is a justifiable City need for an
Employee to take additional schooling.
12.3 Travel Reimbursement
The City Council may authorize travel at City expense for the effective conduct of
City business. Authorization must be granted prior to incurring the actual expenses.
Employees so authorized will receive reimbursement for necessary and incidental
expenses according to the terms outlined in this policy and IRS requirements for an
"accountable plan." Receipts and /or other verification of the expenses, which show
the actual cost of lodging, meals and incidental expenses, are required for
reimbursement.
A) Automobile Expense: When Employees are required to use their own
vehicles to conduct City business or to attend approved training, the City will
reimburse the Employee for mileage at a rate as allowed by IRS regulation..
The allowed rate will change on the first of the month following the effective
date as provided in IRS regulations.
B) Overnight Travel: Lodging expenses include actual reasonable cost of
lodging while away on approved travel or training. The amount of
reimbursement for an individual attendee of a 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.
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. In other words, Employees are expected to eat at the conference if
meals are provided. The maximum allowable reimbursable expense per meal
will be set periodically by the City Council. For meal reimbursement to be
considered nontaxable under the IRS rules for an "accountable plan," the
meal expense must be in connection with an overnight stay and a receipt
must be provided. Reimbursement for meal expenses not in connection with
an overnight stay are taxable and will be reported on the Employee's W -2
form. Meal costs which are not itemized and are part of a conference or
meeting registration fee are not included in this requirement and will not be
considered taxable.
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.
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E) Parking 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, but will be reimbursed only
the amount that would have been reimbursed had the Employee traveled
using the least costly method, unless otherwise approved.
F) Overnight Travel Away From Home: Travel away from home is work
titne when it cuts across the Employee's work day. The time to be
considered is not only hours worked on regular working days during normal
working hours, but also during the corresponding hours on non - working
days.
Example: If an Employee regularly works from 8:00
a.m. to 4:30 p.m., Monday through Friday, the travel
time during these hours is work time on Saturday and
Sunday as well as on the other days. Thus, if travel is
overnight and done outside of working hours, the
travel time is not compensable.
12.4 Applicability
General: Travel and expense reimbursement provided for in this section shall apply
to both the Employees of the City and the members of the City Council traveling
specifically to conduct City business.
13. PERFORMANCE APPRAISAL
13.1 Employee Performance Appraisal
Schedule: Employees will normally have their performance evaluated at least once
during the probationary period, at the employee's one -year anniversary date, and
every twelve (12) months thereafter. Performance evaluations will be maintained in
Employee personnel files and will be considered when personnel actions are
contemplated. Performance appraisals will be conducted in accordance with the
established performance appraisal system. Step and annual increases shall not be
granted unless an employee has a satisfactory performance evaluation.
14. SAFETY
14.1 General
Safety Policy: 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 has established 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
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department head. Violation of established policies and rules may result in
disciplinary action under the discipline section of the City's personnel policy.
14.2 Safety/Accident Reporting
Forms: Workers' Compensation and OSHA laws require that Employees involved
in job - related accidents and sicknesses file a First Report of Injury as soon as
possible. If necessary the Employee's department head may file the report on behalf
of the injured or sick Employee. The department head is also responsible for filing
an accident report with the City's Safety Officer.
15. SMOKING
15.1 General
Prohibited: In the interest of good health, the City discourages Employees from
smoking. Smoking is prohibited within all City buildings and in City owned
vehicles.
Approved Areas: The City Administrator will designate specific outdoor areas as
smoking areas. There will be no smoking in areas not designated as smoking areas.
If smoking results in discomfort to others, smokers are required to stop smoking.
Smoking in non - approved areas may result in disciplinary action.
16. GRIEVANCES
16.1 Grievance Procedure
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: 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:
A) Statement of the grievance and relevant facts;
13) The remedy sought; and
C) The specific provision of the personnel policy (if applicable).
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The supervisor shall respond to the grievance, in writing, within ten
(10) working days.
Step 2: If the Employee is dissatisfied with the response of his /her
supervisor, the Employee may, within ten (10) working days from the
date of the response, appeal the grievance to his /her department
head. The department head shall respond to the grievance, in
writing, within ten (10) working days.
Step 3: 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.
Step 4: 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 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.
Assistance: 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.
Time Limits: Failure to conform to the time requirements set forth above shall
constitute a waiver of further steps in the above procedure. Time limits set forth in
the grievance procedure may be waived, upon written consent of both parties. Any
one 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.
Working Hours: 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.
17. DISCIPLINE
17.1 Objective
Supervisory Responsibility: Supervisors are responsible for maintaining
compliance with City standards of Employee conduct. The City reserves the tight to
use discretion and to deviate from this policy.
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Employee Responsibility: 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.
Non - Discrimination: Discipline will be administered in a non - discriminatory
manner. The supervisor will normally investigate any allegation on which
disciplinary action might be based before any disciplinary action is taken.
17.2 Process
The City recognizes its continuing responsibility to develop and administer rules and
disciplinary measures in a fair and consistent manner. The City will issue discipline
at a level within its discretion for the act /inaction in question along with other
factors that it deems relevant. Without limiting its right to issue discipline in other
areas, an adequate reason for issuing a disciplinary action shall include but not be
limited to each of the following kinds of conduct:
• Incompetence or inefficiency in the performance of duties;
• Failure to produce the quality of work and /or the quantity of work
the position or classification requires;
• Wanton carelessness or negligence in the performance of duty;
• Offensive treatment of fellow employees or other persons;
• Willful violation of any lawful regulation or order, or failure to obey
any lawful and reasonable directions given by the Employee's
supervisor.
• Violation of the provisions of these Personnel Policies;
• Violating the Data Privacy rights of any employee, client, or member
of the public;
• Conviction of a felony or gross misdemeanor or of a misdemeanor
involving moral turpitude which affects the performance of assigned
responsibilities;
• Gross negligence or willful conduct causing damage and /or abuse of
City property.
• Absence from work for two (2) consecutive days without notice to
supervisor.
• Drinking alcoholic beverages during work hours, intoxicated while at
work, or consuming or being under the influence of any controlled
substance unless prescribed by a physician while at work;
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• Theft of public property, pilferage or other unauthorized taking of
public property from a public premises for private use;
• Carrying or otherwise possessing a firearm or other dangerous
weapon at the workplace. Licensed peace officers who carry a gun
for work purposes are exempt from this provision;
• Sexual, racial, or unethical harassment or discrimination of any City
employee or member of the public;
• Acting in a manner not here and above specified which tends to
lower discipline or morale within the City or that adversely affects the
rendering of prompt, courteous and efficient service by the City and
its employees to the public.
In addition, disciplinary action may be taken for reasons specifically defined by
department rules other than those listed herein.
Discipline may take one of the following forms and may be applied progressively as
noted below or based on the City's decision. Discipline except dismissal may be
implemented by the City Administrator, subject to appeal to the City Council in
accordance with the grievance procedure contained in this Personnel Policy.
A) Oral Warning: Oral warning should normally be given for the first
infraction to clarify expectations and put the Employee on notice that the
performance or specific behaviors need to change. There may be time when
the first infraction is so serious that an oral warning may be insufficient.
B) Written Warning: A written warning shall normally state the reason for the
warning along with a description of the events /problems that led to the
warning. It shall normally describe actions taken by the supervisor to correct
the problem, if applicable, including any timetable or goals set for
improvement. It will indicate further disciplinary action that could result if
the problem continues or if related problems occur.
The warning will be given to the Employee to sign acknowledging that he or
she has received the warning and a copy for their records. Another copy of
the written warning shall be placed in the Employee's personnel file.
Written warnings are more serious than oral warnings and normally follow
verbal warnings when the problem is not corrected or the behavior is not
consistently improved, given a reasonable period of time for improvement.
Serious infractions may require skipping either a verbal or written warning, or
both.
C) Suspension: The Employee will normally be notified in writing of the
reason for the suspension, either prior to the suspension or shortly
thereafter. Upon the Employee's return to work, the Employee will be given
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a written statement outlining further disciplinary action possible should the
problem continue or reoccur. A copy of the written document shall be
placed in the Employee's personnel file.
An Employee may be suspended pending an investigation of an allegation. If
the allegation is proven false after an investigation, the relevant written
documents will be removed from the personnel file and the Employee will
receive any compensation to which he /she would have been due had the
suspension not taken place.
For any suspension, or any second suspension for the same individual, the
City Council shall review the reasons for the suspension and upon review,
will make a recommendation as to the future status of the Employee and
his /het 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.
18. SEXUAL HARASSMENT
18.1 General
The City of Centerville is committed to providing a working environment free of
harassment and discrimination. In keeping with this commitment, the City maintains
a strict policy prohibiting unlawful harassment, including sexual harassment. This
policy prohibits harassment in any form, including verbal and physical harassment.
This policy applies to all City Employees.
This policy statement is intended to make all Employees sensitive to the matter of
sexual harassment, to express the City's strong disapproval of unlawful sexual
harassment, to advise Employees of their behavioral obligations and to inform them
of their rights.
18.2 Definition
General: To provide Employees with a better understanding of what constitutes
sexual harassment, the following definition, based on Minnesota Statutes, is hereby
provided:
Sexual harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact, or other verbal or physical conduct or
communication of a sexual nature, when:
A) Submission to the conduct or communication is made a term or condition,
either explicitly or implicitly, for 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
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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, exptessed or implied, that an Employee's job security
or any other condition of employment depends on submission to or
rejection of unwelcome sexual requests or behavior.
18.3 Expectations
Violations: The City of Centerville recognizes the need to educate its Employees on
the subject of sexual harassment and stands committed to provide information and
training. All Employees are expected to treat each other and the general public with
respect and to assist in fostering an environment that is free from unwanted
harassment. Violations of this policy may result in discipline, including possible
discharge. Each situation will be evaluated on a case by case basis depending on the
severity and the circumstances involved.
Notice: 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.
Report to: Any Employee who believes he or she has been harassed by a co-
worker, supervisor, or agent of the City should promptly report the facts of the
incident or incidents and the names of the individuals involved to his or her
supervisor or in the alternative to the City Administrator.
Responsibility; Supervisors should immediately report any incidents of sexual
harassment to the City Administrator. If the City Administrator is unavailable, or if
the City Administrator is the perpetrator of the alleged harassment, the employee
should report the incident immediately to the Mayor. The City Administrator (or
Mayor) will investigate such claims and consult with the City attorney fot advice on
appropriate action.
In addition to notifying one of the above people and reporting the nature of the
harassment, the Employee is also urged to take the following steps:
A) Clearly indicate to the harasser that the conduct is unwelcome and document
that conversation;
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B) Document the occurrences of harassment;
C) Submit the documented complaints to your supervisor, the City
Administrator, mayor or councilmember. It is required that the complaint is
in writing;
D) Document any further harassment or reprisals that occur after the complaint
is made.
Rights: Employees have the right to raise the issue of sexual harassment and to file
complaints with respect to such harassment without reprisal. The City recognizes
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.
Obligations: 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.
Action: The City of Centerville, in all cases, will 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. RESIGNATION
19.1 Written Notice
General: Any Employee wishing to leave municipal service in good standing must
submit a written resignation to his or her supervisor at least fourteen (14) calendar
days before an Employee's anticipated leaving. The resignation must state the
effective date of the resignation may state the reason for leaving. Unless approved by
the City Administrator, the employee shall work all regular work days during the
fourteen day resignation notice period. The City Administrator may waive the notice
requirement if it is determined to be in the best interest of the City.
20. CODE OF CONDUCT AND ETHICS
20.1 Purpose
General: The City Council of the City of Centerville requires all Employees of the
City to adhere to the following code of conduct and ethics. The purpose of this
policy is to establish standards for all such persons by setting forth actions which are
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incompatible with the best interest of the City of Centerville, its taxpayers or in
conflict with state or federal laws.
20.2 Conflicts of Interest
No Employee having the power or duty to perform an official act or action may be
directly or indirectly interested in any contract, transaction, or zoning decision of the
City of Centerville except as provided for in the Minnesota State Statutes.
Any Employee having an interest in any proposed legislative action of the City
Council and who gives an opinion or recommendation to the Council, shall disclose
on the record of the Council meeting the nature and extent of such an interest.
No Employee may purchase personal property from the City except property that is
no longer needed by the City under the following conditions:
A) There is a reasonable public notice and the goods are sold through public
auction; and
13) The property is sold by a sealed bid process and the Employee has the
highest responsible bid. The Employee who buys the property must not be
involved in the auction or sealed bid process.
No Employee may accept any gift or gratuity in any size under circumstances in
which it could be reasonably thought to influence him or her in the performance of
his or her official duties or in which it appears to be a reward for any official action
on his or her part. Gifts or gratuities which may be acceptable are as follows:
A) Awards for meritorious civic service contribution;
B) Unsolicited items of nominal value that are donated to and shared by the
work group;
C) Unsolicited advertising or promotional materials with a value of less than
$5.00;
D) Unsolicited items such as meals which may be provided during meetings,
receptions, or other gatherings where the elected official or Employee is in
attendance in his /her official capacity.
20.3 Nepotism
General: Relatives of current City Employees and City Council members are not
eligible for employment in job classification in which a conflict of interest may occur.
Therefore, relatives will not be hired where:
A) One relative would have the sole authority or practical power to supervise,
appoint, remove, or discipline the other;
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B) One relative would be responsible for auditing the work of the other;
C) Other circumstances exist which would place the relative in a situation of
actual or reasonable foreseeable conflict between the City's interests or their
own; or
D) Where the applicant /City Employee has a relative who is employed by an
organization with whom the City has business dealings, and in the City's
judgment, considering the positions and job responsibilities of both the
applicant /Employee and the relative would create an appearance of improper
influence or favor or would jeopardize the confidentiality of data maintained
by the City.
The City is not obligated to give special treatment, such as preferential scheduling, to
married couples.
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-time or part -time regular status position, or
in a seasonal, temporary, or paid on -call position.
20.4 Falsification of Records
General: No person shall knowingly make any false statement, certificate, mark,
rating or report in regard to any test, certificate, or appointment held or made under
the City of Centerville's personnel system, or in any manner commit or attempt to
commit, any fraud preventing the impartial execution of the provisions of these
policies.
20.5 Rendering of Consideration
General: No person seeking employment to, or promotion in, the City of
Centerville will either 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.
20.6 Use and Safeguarding of City Property
General: No Employee shall use or permit the use of City owned vehicles,
equipment, tools, machinery, materials, or other property for personal conveniences
or profit unless the use is available to the public generally or is provided as a
municipal policy for the use of such public official or Employee in the conduct of
official business. City Employees shall not store personal property on City property
or in City facilities.
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Responsibility: All Employees of the City of Centerville who have authority over
or the use of, City vehicles, equipment, machinery or property in the course of their
duties must assume responsibility for the safeguarding and care of such items.
20.7 Disclosure of Confidential Information
General: No City Employee, with respect to any ttansaction, 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 authorizadon, 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.
Access: No 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.
Data Practices Act: Confidential information will be governed by and treated
according to the Minnesota Data Practices Act. The City Administrator is the Data
Practices Officer. All questionable requests should be referred to the City
Administrator.
20.8 Political Activities
General: Political activities which are not in violation of state and federal laws are
generally permitted. The following political activities are prohibited for City
Employees:
A) City Employees may not use any official authority or influence for the purpose
of affecting the result of an election nor may funds be solicited or
contributions received from other Employees for political purposes.
B) No campaign materials, pamphlets or buttons may be displayed on City
vehicles, City property or by an individual on the work site, nor may they be
distributed by an employee during his working hours.
21. APPEARANCE AND ATTIRE POLICY
21.1 General
The attire and the appearance of City Employees have a direct reflection on the
professionalism in the delivery of City services. City Employees are requited 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.
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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 will not be
permitted:
• Tube tops, halter tops, tank tops, muscle shirts;
• Sweats or work out clothing;
• Tight, body - hugging clothing;
• Shorts;
• Clothing that is revealing and causes a distraction;
• Clothing that is faded, wom or in disrepair.
The City Administrator will be responsible for determining if attire is appropriate.
Employees who have questions concerning appropriate work attire should direct
them to the City Administrator. Temporary exceptions may be allowed by the City
Administrator when a work assignment indicates that different attire would be
appropriate.
21.2 Casual Fridays
General: Fridays are designated as "casual day" in City Hall. On these days nice jeans,
City logo t- shirts, and City logo sweatshirts can be worn. None of the other items on
the above list qualify as casual Friday attire. Employees who take Friday off cannot
substitute any other day of their choice as a "casual day ".
22. ELECTRONIC MEDIA USAGE POLICY
22.1 General
Guidelines: The City of Centerville's electronic media usage policy is designed to
provide clear guidelines to City of Centerville Employees regarding access to, and
disclosure of computer, network, telephone and facsimile systems. Employees
increasingly use and exploit electronic forms of communication and information
exchange, and have access to one or more forms of electronic media and services
(computer, email, telephones, voice mail, fax machines, external electronic bulletin
boards, on -line services, and the Internet).
Public Property: The City encourages the use of these media and associated
services, because they make communication more efficient and effective, and
because they are valuable sources of information. However, electronic media, data,
and services provided by the City are City owned and publicly funded, and their
purpose is to facilitate City business. The City Council authorizes the use of the
Internet and on -line services for the support of all City tasks. The use of the
Internet is public and a privilege, not a right, and may be revoked at any time for
unacceptable use.
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Procedures: 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:
A) Accessed on or from City premises;
B) Accessed using City computer equipment, or via City -paid access methods;
C) Used in a manner that identifies the individual with the City.
22.2 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.
22.3 Inappropriate Material
General: 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.
22.4 Personal Use Limitations
General: Electronic media and services are primarily for City business use. Limited,
occasional or incidental use of electronic media (sending or receiving) for personal,
non - business purposes done on the Employee's personal time is understandable and
acceptable — as is the case with personal phone calls. However, Employees need to
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.
Personal Software: Personal software can significantly impact the operation of City
equipment. Consequently, the installation and use of privately owned software is
allowed only when approved in advance by the Technology Manager or City
Administrator. This includes downloading software from internet sites. Games are
not considered to be appropriate software for City computer equipment. If allowed,
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all personal software, including screensavers and shareware, must be legally
purchased and properly licensed to the Employee. A copy of the license must be
located in the Employee's office. Personal software and data may be removed
without warning at any time. The City is not responsible for the back -up or recovery
of files associated with personal software. If it is suspected that a personal software
package is the cause of a problem with any City software, it may be removed without
warning.
22.5 Individual Privacy
General: The City also reserves the right, in its discretion, to review any Employee's
electronic files, messages and usage to the extent necessary to ensure that electronic
media and services are being used in compliance with the law and with this and other
City policies. Employees should therefore not assume electronic communications
are private and confidential and should transmit highly sensitive information in other
ways. Employees should be aware that any data stored may be subject to
government data practices laws which make the text accessible to the public.
Respect 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.
22.6 Copyrights
General: 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.
22.7 Passwords / Security
General: The City Administrator reserves the right to override passwords and codes
at any time. If the City Administrator requests an Employee's password(s), then the
password(s) must be disclosed. Any password used on the system shall be used for
the protection of the City of Centerville, not the Employee, and as such will not
preclude the City, as the operator or owner of a network, from rightfully entering the
network or any other messaging system at any time to review, copy or delete any file
or disclose any such file to others. Employees may not attempt to prevent the City
from viewing their computer and internet use by changing passwords, deleting or
attempting to delete files or records.
Participation in "Chat Rooms" is not permitted unless specifically approved by the
Administrator. Playing of online games from City computers is specifically
prohibited.
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Responsibility: No email 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.
In no event shall an employee open an email attachment from an unknown source
and shall take precautions to ensure that attachments were in fact sent by the known
source. The City Administrator shall be notified immediately anytime the employee
has reason to believe that City equipment may have been compromised by a virus,
malware or spyware.
22.8 Excessive Usage
General: Electronic media and services should not be used in a manner that is likely
to cause network congestion or significantly hamper the ability of other people to
access and use the system. Continued impedance of other users through mass
consumption of system resources, after receipt of a request to cease such activity, is
prohibited. The willful or careless introduction of programs known as computer
viruses, Trojan Horses and worms into the City's network or into any external
networks or computers can cause such excessive computer usage or even damage a
system and so would be a violation of this policy.
22.9 Data Retention
Records Retention Schedule: Electronic media may only be discarded in
accordance with the City's Data Practices Plan and the Minnesota Data Practices
Act. It should be assumed that electronic media may be viewed by the public in
accordance with the Data Practices Act. As such, electronic media are similar to
printed communication and should be written with the same formality.
22.10 Questions Regarding Policy
General: 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.
Integrity: Part of the responsibility of the City Administrator is to insure the
integrity of City data (an asset). Therefore, the City Administrator, in consultation
with the City Attorney, will resolve and answer any questions about this Acceptable
Use Policy or its interpretation. Until such issues are resolved, questionable use
should be considered "not acceptable ". Questions of interpretation should be
submitted, in writing, to the City Administrator. Final authority for this Acceptable
Use Policy lies with the City Council.
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22.11 Policy Violations
General: The City Administrator will review all alleged violations of this City policy
on a case -by -case basis. The City Attorney may be consulted for technical assistance
in investigating a complaint. Cleat violations of the policy which are not promptly
remedied may result in the expulsion of the offending Employee from the City's
network services in addition to disciplinary action, and consistent with the Personnel
Policy or appropriate bargaining unit agreement.
23. CELLULAR PHONE USAGE POLICY
23.1 Application
General: This policy is intended to regulate the use of City -owned cellular phones
within reasonable, practical parameters. As the number of available cellular
telephones increases and the efficiencies of cellular telephone usage become even
more apparent, it is incumbent upon the City to establish reasonable guidelines for
the use of cellular phones. The City of Centerville will benefit by extending the
hours essential Employees are available for consultation through the use of cellular
phones.
Scope: This policy will apply to all City Employees using or having access to City -
owned cellular phones.
23.2 Guidelines
Policy: The following guidelines are established for the use of City -owned cellular
phones:
A) Cellular phones are intended to be used to increase the efficiency and
effectiveness of the services provided by the City of Centerville. As such,
each Employee using a cellular phone during the course of his /her workday
must determine whether such usage is appropriate under the circumstances
existing at the time of the usage. In making such a determination,
Employees must consider the cost of using the cellular phone in comparison
with the cost and practicality of locating a customary telephone service.
B) During work hours personal phone calls will be acceptable in those
circumstances where it is necessary to briefly contact someone concerning
important matters. Calls of this nature shall be as brief as possible and
should be made only when circumstances prevent timely access to customary
telephone services. The City may ask the employee to reimburse for such
personal use minutes if the phone's plan - minutes are exceeded for that
month and those minutes become an additional cost to the City.
C) During non -work hours City Employees having access to assigned City -
owned cellular phones may make reasonable personal phone calls during all
hours. Employees having 24 -hour access to City -owned cellular phones and
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who also use the phone for personal reasons will reimburse the City for all
personal phone calls, to the extent that the calls exceed the maximum
allowable air time.
D) City Employees who take home a City -owned phone will agree to be
accessible for City business when necessary and practical after regular work
hours.
E) All cellular phones shall remain the property of the City and shall be returned
to the City upon the termination of employment or if the cellular phone is no
longer necessary for work - related purposes. Any inappropriate use of
phones may subject to the Employee to disciplinary action. Any additional
charges will be paid by the Employee.
24. CARRYING OF FIREARMS
24.1 Policy
The City Of Centerville establishes a policy prohibiting the carrying of firearms while
acting in the course and scope of employment for the City. This includes but is not
limited to:
• Driving in a city vehicle;
• Working at any city owned work site;
• Working off -site on behalf of the city.
This policy shall not apply to any licensed peace officer acting within the scope of
employment.
25 . DRUG & ALCOHOL FREE WORKPLACE
25.1 Policy
General: In accordance with federal law, the City of Centerville has adopted the
following policy on drugs and alcohol in the workplace:
A) Employees are expected and required to report to work on time, 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.
13) 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.
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C) The City recognizes drug dependency as an illness and a major health
problem. The City also recognizes drug abuse as a potential health, safety
and security problem. Employees needing help in dealing with such
problems are encouraged to use their health insurance plans, as appropriate.
D) Employees must, as a condition of employment, abide by the terms of the
City's drug and alcohol policy and must report any conviction under a
criminal drug statute for violations occurring on or off the work premises
while conducting City business. A report of the conviction must be made
within five (5) days after the conviction as required by the Drug -Free
Workplace Act of 1988.
25.2 Drug and /or Alcohol Treatment
Discipline: 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 will be subject to disciplinary action.
Leave: In instances where it is necessary, personal 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.
Assistance: The City has also made available access to an Employee Assistance
Program (EAP), sponsored by CIGNA Behavioral Health Services.
25.3 Pre - Employment Drug and /or Alcohol Screening
Applicability: The City has determined that a pre - employment drug and /or alcohol
screen is necessary to determine fitness for all City positions. All offers of
employment shall be made contingent upon successful completion of this screening.
They shall be required of all candidates who are conditionally offered employment
for a given job class.
Confidentiality: The information obtained during the screening shall be treated in
the same manner as for confidential medical records under the Minnesota Data
Practices Act and HIPAA regulations.
Exam: A licensed laboratory or medical facility designated by the City shall conduct
the screening. The City shall pay the cost of the exam. The physician shall notify the
City Administrator whether or not a candidate has successfully passed the screening
with no evidence of illicit drugs or alcohol detected in samples provided.
Notification of Results: The City Administrator shall inform the candidates of the
results of their examination. If a candidate is rejected for employment based on the
results, he or she shall be notified of this determination and may request further
explanation from the testing facility.
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26. EMPLOYEE RECOGNITION
26.1 Employee Action Committee
Authority: The City of Centerville promotes an environment in which positive
working relationships can be formed and fostered through social interaction and
Employees can be recognized for their contributions. For these purposes, Employees
are allowed to form an Employee Action Committee, with a minimum of three. (3) and
a maximum of five (5) members to be appointed by the City Administrator. Members
of the Committee will elect officers and be responsible for structuring by -laws and
operating rules for the Committee, which will be reviewed and approved by the City
Administrator. Committee members are authorized to use up to one (1) hour of work
time per month for Committee business.
Employee Recognition and Appreciation: The City Council will designate an
amount in its annual budget to be used by the Committee for Employee recognition
and appreciation events. The Committee may consider selecting Employees for awards
in areas such as longevity, teamwork, innovation, above and beyond, leadership,
exceptional customer service, spirit, etc. Awards will consist of plaques or functional
items such as clocks or pen /pencil sets and will be of nominal value. Meals served at
award ceremonies will be of nominal value and will not include the purchase of
alcoholic beverages.
27. NON - DISCRIMINATION POLICY
General: The City of Centerville is committed to a policy of non - discrimination with
regard to race, color, creed, religion, age, national origin, gender, sexual orientation,
marital status, public assistance status, or disability.
Definition: Discrimination is defined as any overt or covert behavior that excludes
access to, admission to, full utilization of, or benefit from any public service because of
race, color, creed, religion, gender, age, national origin, sexual orientation, marital status,
veteran status, age, public assistance status, or disability.
Discipline: Employees who participate in discrimination of any kind are subject to
discipline, up to and including termination.
Policy: In keeping with the City's commitment and the requirements of the law, the
City and staff will strive to remove any discrimination in the treatment of customers,
employment, assignment and promotion of personnel, training programs, services and
opportunities offered to citizens and staff, location and use of facilities, and in verbal
and written communications.
Complaint Procedure: Employees can bring complaints, ask questions, and raise
concerns under this policy without fear of reprisal.
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(A) An Employee who believes he /she has been made the subject of any
discrimination or who believes he /she has witnessed discrimination should
report the incident immediately to his /her supervisor. The employee's
supervisor shall then immediately notify the City Administrator about the
complaint.
(B) If the contact with the immediate supervisor does not prove effective, or if the
problem is with the supervisor, the Employee may at his /her own discretion,
by -pass the immediate supervisor and submit a written complaint directly to the
City Administrator.
(C) An Employee should report the complaint in writing, detailing the nature of the
complaint and all events leading up to the situation prompting the complaint.
List any witnesses to the event, the time, date and place of the alleged violation,
and any other information that may be pertinent to the complaint.
28. SAVINGS CLAUSE
This policy is subject to the laws of the United States and the State of Minnesota; in the event
that any provision shall be held to be contrary to law by a court of competent jurisdiction from
whose final judgment or decree no appeal has been taken within the time provided, such
provision shall be void. All other provisions of the policy shall continue and remain in full force
and effect.
Adopted by the City Council of the City of Centerville this _ day of
2009.
Attest: Signed:
City Administrator Mayor
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APPENDIX A
HEALTH CARE SAVINGS PLAN
All unrepresented City of Centerville employees (exempt and non - exempt) are eligible to participate in the
Minnesota Post Employment Health Care Savings Plan (HCSP). This plan is established under Minnesota
Statutes, Section 352.98 (Minn. Supp. 2001) and as outlined in the Minnesota State Retirement System's
Trust and Plan Documents. All funds collected by the employer on the behalf of the employee will be
deposited into the employee's post employment health care savings plan account.
Employees will contribute to the Post Employment Health Care Savings Plan as
described below:
All employees with at least five years of service in the Public Employees
Retirement Association (PERA) shall contribute the amount of their severance
(unused PTO balance) that exceeds $2000 into the HCSP upon termination or
retirement . All employees with at least five years of service in PERA and who
are immediately eligible to receive a PERA pension shall contribute 100% of their
severance (unused PTO balance) into the HCSP upon termination or retirement.
This policy will take effect on January 1, 2010.
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ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING
I, , of the City of
Name Position
Centerville hereby acknowledge that I have received a copy of the City of Centerville
Personnel Policies dated , 20 and have read and understand the
information contained therein.
Dated this day of , 20
Signature
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Aterviffe City of Centerville
�� Tuition Reimbursement Form
Estabasked Complete this section and receive approval prior to enrolling in this course.
Employee Name:
Job Title:
Department:
Class Name: *Attach course description
Class Dates: to
How does this class relate to your job?
Estimated Tuition Cost: $
Name of School:
Address of School:
Are you working toward a degree? Yes No
If yes, list degree
Employee Signature: Date:
Pre - Approval Signatures & Funding Source:
City Administrator Signature: Date:
Department Head Signature: Date:
Account Coding:
Reimbursement Request Section — Complete after class is finished.
Date Class Completed: Final Grade:
*Attach copy of grade sheet — Employee must receive a passing grade (C or equivalent) in order to receive
reimbursement.
Actual Tuition Cost: * Attach receipt for tuition
Employee Signature: Date:
City Administrator Signature: Date:
Department Head Signature: Date:
After the Reimbursement Request has been approved, send to the Finance Department with the original receipt and an
expense report. Send a photocopy of completed Tuition Reimbursement Form to the City Administrator for inclusion in
your personnel file.
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