RES 20-45CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2020-45
ADOPTING A REVISED PERSONNEL POLICY
WHEREAS, the City previously adopted a personnel policy on May 26, 2015; and
WHEREAS, the City has made certain revisions within the personnel policy; and
WHEREAS, the City has found certain old policies that have been incorporated into the personnel policy
with current and/or previous revisions of the personnel policy and are no longer needed; and
WHEREAS, the City Council has met to discuss and review the revised personnel policy; and
WHEREAS, the City Council has determined that the revised personnel policy shall be in force and effect
upon the date of adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. That the revised Personnel Policy as attached hereto is hereby adopted effective immediately.
2. That the following City policies previously adopted are no longer in force and effect:
a. Personnel Policy; adopted May 26, 2015
b. Anti -Nepotism Policy; adopted April 10, 2006
c. Travel Reimbursement Policy; adopted February 27, 2006
d. Overtime/Compensatory Time Policy; adopted April 9, 2007
ADOPTED by the Otsego City Council this 27th day of July, 2020.
MOTION BY. Darkenwald
SECONDED BY:Tanner
INFAVOR: Stockamp, Darkenwald, Tanner, Goede
OPPOSED: None
2
CITY OF OTSEGO
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Jessica L. Stockamp, Ma or
ATTEST:
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Tami M. Loff, City Clerk
CITY OF OTSEGO
PERSONNEL POLICIES
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Revised Date:
TABLE OF CONTENTS
PAGE
SECTION 1 - PURPOSE AND INTENT...................................................................................1
SECTION1-1 PURPOSE........................................................................................................... 1
SECTION1-2 INTENT............................................................................................................... 1
SECTION 1-3 APPLICABILITY................................................................................................ I
SECTION 1-4 NON-DISCRIMINATION.................................................................................. 1
SECTION 1-5 DEFINITIONS.................................................................................................... 2
SECTION 1-6 PROVISIONS SUPERSEDED IN CERTAIN CASES ....................................... 3
SECTION 2 - ORGANIZATION................................................................................................ 3
SECTION 2-1 JOB DESCRIPTIONS......................................................................................... 3
SECTION 2-2 ASSIGNING AND SCHEDULING WORK ....................................................... 5
SECTION2-3 DEMOTION........................................................................................................ 5
SECTION 2-4 REDUCTION OF WORKFORCE...................................................................... 5
SECTION2-5 LAYOFF............................................................................................................. 5
SECTION 3 - EMPLOYEE RECRUITMENT AND SELECTION ........................................ 5
SECTION3-1 SCOPE................................................................................................................. 5
SECTION 3-2 INTENTIONALLY OMITTED ............................ ERROR! BOOKMARK NOT DEFINED.
SECTION 3-3 EXAMINATIONS.............................................................................................. 5
SECTION 3-4 UNLAWFUL ACTS............................................................................................ 6
SECTION 3-5 PRE-EMPLOYMENT MEDICAL EXAMS ....................................................... 6
SECTION3-6 SELECTION....................................................................................................... 6
SECTION 3-7 EMPLOYMENT OF FAMILY MEMBERS....................................................... 7
SECTION 3-8 AFFIRMATIVE ACTION/EEO POLICY STATEMENT ................................. 7
SECTION 4 - COMPENSATION............................................................................................... 8
SECTION4-1 GENERAL.......................................................................................................... 8
SECTION4-2 PAYCHECKS..................................................................................................... 8
SECTION 4-3 OVERTIME/COMPENSATORY TIME............................................................ 9
SECTION 4-4 MEAL BREAKS AND REST PERIODS..........................................................
I I
SECTION 5 - EMPLOYEE BENEFITS...................................................................................12
SECTION 5-1 ELIGIBILITY...................................................................................................
12
SECTION 5-2 RETIREMENT BENEFITS..............................................................................
12
SECTION 5-3 INSURANCE BENEFITS.................................................................................
12
SECTION 5-4 MEDICAL AND DEPENDENT CARE FLEXIBLE BENEFIT PLANS .........
13
SECTION 6 - PAID TIME OFF................................................................................................14
SECTION 6-1 PERSONAL TIME OFF LEAVE......................................................................
14
SECTION 6-2 HOLIDAYS.......................................................................................................
16
SECTION 6-3 FAMILY AND MEDICAL LEAVE.................................................................
17
SECTION 6-4 ADMINISTRATIVE LEAVE...........................................................................
23
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PAGE
SECTION 6-5 ADVERSE WEATHER....................................................................................
24
SECTION 6-6 JOB RELATED INJURIES OR ILLNESS........................................................
24
SECTION 6-7 EMPLOYEES WITH HEALTH-RELATED WORK RESTRICTIONS ..........
24
SECTION 6-8 PARENTING LEAVE......................................................................................
25
SECTION 6-9 FUNERAL LEAVE...........................................................................................
25
SECTION 6-10 MILITARY LEAVE........................................................................................
26
SECTION 6-11 JURY DUTY LEAVE.....................................................................................
27
SECTION 6-12 SCHOOL CONFERENCE LEAVE................................................................
27
SECTION 6-13 ELECTIONS/VOTING...................................................................................
27
SECTION 6-14 LEAVE OF ABSENCE WITHOUT PAY .......................................................
28
SECTION 7 - PERFORMANCE REVIEWS...........................................................................
29
SECTION7-1 PURPOSE.........................................................................................................
29
SECTION 7-2 GUIDELINES...................................................................................................
29
SECTION 8 - EMPLOYEE EDUCATION AND TRAINING ...............................................
30
SECTION 8-1 PURPOSE AND GUIDELINES.......................................................................
30
SECTION 8-2 MEMBERSHIPS AND DUES..........................................................................
31
SECTION 8-3 TRAVEL REIMBURSEMENT........................................................................
31
SECTION 9 - PUBLIC PURPOSE EXPENDITURES...........................................................
33
SECTION9-1 GENERAL........................................................................................................
33
SECTION 9-2 DEFINITIONS..................................................................................................
33
SECTION 9-3 PUBLIC PURPOSE GUIDELINES..................................................................
33
SECTION 10 - EMPLOYEE RESPONSIBILITY..................................................................
35
SECTION 10-1 GENERAL......................................................................................................
35
SECTION 10-2 CITYWIDE WORK RULES AND CODE OF CONDUCT ............................
36
SECTION 10-3 CONFLICT OF INTEREST............................................................................
37
SECTION 10-4 RECEIPT OR SOLICITATION OF GIFTS ....................................................
38
SECTION 10-5 POLITICAL ACTIVITY.................................................................................
38
SECTION 11- HARASSMENT................................................................................................
38
SECTION 11-1 GENERAL......................................................................................................
38
SECTION 11-2 SEXUAL HARASSMENT.............................................................................
39
SECTION 12 DISCIPLINE......................................................................................................
41
SECTION12-1 GENERAL......................................................................................................
41
SECTION 12-2 WORK RULE OFFENSES.............................................................................
42
SECTION12-3 PROCESS.....................................................................................................
45
SECTION 12-4 NOTICE OF REASONS FOR TERMINATION ............................................
47
SECTION 12-5 REPORTS OF DISCIPLINARY ACTION .....................................................
47
SECTION13 - SAFETY............................................................................................................
47
SECTION 14 - DRUG AND ALCOHOL USE.........................................................................
47
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PAGE
SECTION 15 - POLICY PROHIBITING EMPLOYEE........................................................ 47
POSSESSION OF FIREARMS................................................................................................. 47
SECTION 16 - CONFIDENTIALITY/DATA PRACTICES ................................................. 48
SECTION 16-1 DATA PRACTICES ADVISORY.................................................................. 48
SECTION 16-2 TYPES OF DATA........................................................................................... 49
SECTION 16-3 PUBLIC PERSONNEL DATA....................................................................... 49
SECTION 16-4 ACCESS TO DATA........................................................................................ 51
SECTION 16-5 GENERAL CONTENTS OF PERSONNEL FILES ....................................... 52
SECTION 16-6 TAPE RECORDING POLICY........................................................................ 52
SECTION 16-7 INFORMED CONSENT................................................................................. 53
SECTION 16-8 SECURITY OF PERSONNEL DATA............................................................ 53
SECTION 16-9 SUPERVISORY FILES.................................................................................. 54
SECTION 17 - SEPARATIONS................................................................................................ 55
SECTION 17-1 RESIGNATIONS............................................................................................ 55
SECTION 17-2 SEVERANCE PAY......................................................................................... 55
SECTION 18 - MEDIA CONTACT/PRESS RELEASES...................................................... 55
SECTION 19 - PERSONAL TELEPHONE CALLS.............................................................. 56
SECTION 20 - CELLULAR TELEPHONE/DATA DEVICE USAGE ................................ 56
SECTION 21 - INTERNET/EMAIL......................................................................................... 57
SECTION21-1 GENERAL......................................................................................................
57
SECTION 21-2 APPROPRIATE USE DEFINED....................................................................
57
SECTION 21-3 INTERNET USE EXPECTATIONS...............................................................
57
SECTION 21-4 CONFIDENTIALITY/SECURITY................................................................
58
SECTION 21-5 CONSEQUENCES OF MISUSE....................................................................
58
SECTION 22 - CITY VEHICLE USE...................................................................................... 58
SECTION22-1 GENERAL...................................................................................................... 58
SECTION 22-2 VEHICLE ACCIDENTS................................................................................. 59
ACKNOWLEDGMENT............................................................................................................ 57
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SECTION 1 - PURPOSE AND INTENT
SECTION 1-1 PURPOSE
Public employees have a high degree of visibility to the general public and therefore must
exercise their duties with particular care and caution to ensure prompt, efficient, and high quality
services for the public. It is the purpose of these personnel policies to establish a uniform and
equitable system of personnel administration for employees of the City of Otsego. They are not
intended to be all-inclusive nor to cover every situation that may arise. These policies may be
amended at any time at the sole discretion of the City and they will supersede all previous
personnel policies.
SECTION 1-2 INTENT
1-2.1 The policies herein are not terms and shall not be regarded as or construed as contractual
provisions. The provisions may be changed at any time by a majority vote of the City
Council. The provisions shall not be interpreted as creating anything other than an at will
employment relationship, wherein the employee may terminate his or her employment at
any time for any reason. Except as otherwise prohibited by law, the City has the right to
terminate any employee at any time for any or no reason.
1-2.2 These policies are not an employment contract, nor should they be construed as one.
Personnel policies are adopted and applied at the discretion of the City Council and may
be withdrawn, applied, or amended at any time.
SECTION 1-3 APPLICABILITY
1-3.1 The provisions of these policies shall cover all full-time and part-time employees.
Temporary, seasonal, intermittent, and paid on-call employees are included except when
specifically excluded herein.
1-3.2 Individuals receiving wages and benefits from the City pursuant to a Joint Powers
Agreement between the City and other political subdivision are not within the scope of
this personnel policy but are, rather, subject to those policies of the Joint Powers entity.
SECTION 1-4 NON-DISCRIMINATION
1-4.1 It is the policy of the City of Otsego not to discriminate in employment matters on the
basis of race, creed, color, age, marital status, national origin, sex, sexual orientation,
status as transgender, status with regard to public assistance, or disability.
1-4.2 No person shall be employed, promoted, demoted, or discharged by the City or in any
way favored or discriminated against because of political opinions or affiliations, race,
color, national origin, religion, sex, marital status, sexual orientation, status as
transgender, status with regard to public assistance, disability, or because of the exercise
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of rights under provisions of the public Employment Labor Relations Act, Minn, Stat.
179A.01 to 179A.25.
SECTION 1-5 DEFINITIONS
For policy purposes, the following terms shall have the meanings given herein:
"CITY" - City of Otsego
"CITY ADMINISTRATOR" - City Administrator of the City of Otsego
"COMPENSATORY TIME OFF" - Time taken off by nonexempt employees who worked
more than 40 hours per week in lieu of paid overtime
"CONTRACTUAL INDIVIDUALS" - Individuals who offer their services to the public and
do not meet the criteria as an employee according to IRS regulations. Contractual individuals are
appointed by the City Council under a fee basis, are not eligible for employment rights or
benefits, are not considered employees and are not covered by the Personnel Policies with the
exception of Non-discrimination and Harassment Policies.
"DEMOTION" - Movement of an employee from one job class to another where the maximum
salary for the new position is lower than that of the former position. This action may be
voluntary or involuntary.
"EXEMPT EMPLOYEE" - Employees who are assigned to executive, administrative, or
professional positions which are exempt from the minimum wage and overtime compensation
provisions of the Fair Labor Standards Act (FLSA).
"NON-EXEMPT EMPLOYEE" - Employees assigned positions that are subject to the
minimum wage and overtime compensation provisions of the Fair Labor Standards Act (FLSA).
"OVERTIME PAY" - Payment to non-exempt employees for services performed in excess of
40 hours per week required by applicable state and federal overtime laws or by written personnel
policies.
"PROMOTION" - Movement of an employee from one job class to another within the City,
where the maximum salary for the new position is higher than that of the former position.
"REGULAR FULL-TIME POSITION" - A group of duties and responsibilities requiring the
employment of a person for at least forty (40) hours per week throughout the year, from year to
year, and which have been defined as regular full-time by the City Council.
"REGULAR PART-TIME POSITION" - A group of duties and responsibilities requiring the
part-time employment of one person for a least fourteen (14) but less than forty (40) hours per
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week throughout the year, from year to year, and which have been defined as regular part-time
by the City Council.
"SUPERVISOR" — A person designated as being responsible for a particular employee or group
of employees. A Supervisor can be anyone designated as such by the City Council and does not
have to be an Employee of the City, but may be a person with a contractual relationship with the
City.
"TEMPORARY/SEASONAL POSITION" - A group of duties and responsibilities requiring
employment of an individual for six months or less without regard to the number of hours
worked per day or per week by the individual. Sometimes the employment is for the duration of
a specific project.
"TIME AND A HALF" - The rate of pay to be compensated to non-exempt employees who
work over 40 hours in a week. The rate of pay shall be one and one-half times the regular hourly
rate for every hour of overtime worked.
SECTION 1-6 PROVISIONS SUPERSEDED IN CERTAIN CASES
1-6.1 No provision of this Policy is intended to violate, supersede, or conflict with any
applicable Constitution, statute, or regulation, whether state or federal, and to the extent
of any such violation the offending provision of this Policy shall be void, but all
remaining provisions of this Policy shall remain in effect.
SECTION 2 - ORGANIZATION
SECTION 2-1 JOB DESCRIPTIONS
2-1.1 The City will maintain records of job titles, compensation, and/or job descriptions. New
positions may be developed as needed but shall be approved by the City Council.
2-1.2 The City has a job evaluation system called The Systematic Analysis and Factor
Evaluation (SAFE) System. This system assesses the responsibilities and requirements of
jobs and job classes and classifies the positions into a compensation plan. The Class
Evaluation System Manual, Evaluation Chart, and Comparison Chart are available
through the Human Resources Department. The City has adopted a separate
Classification and Compensation Plan Administration policy which contains additional
details about the plan.
2-1.3 On occasion, a position may change to meet the needs of the City. For example, duties
and responsibilities may be added or subtracted and education and experience
requirements may change. If an employee or supervisor feels a position warrants review,
the following procedure shall be followed:
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A. If the review is employee initiated, the employee must submit a written request
for review to his/her supervisor and the City Administrator.
1. the request must include a detailed description and documentation of
changes in the position compared to the approved position description.
2. the request must be dated and signed by the employee if initiated by the
employee or the supervisor if initiated by the supervisor.
B. The supervisor shall review the request and determine if the position merits
review.
1. Has the position changed because of the City's needs (may merit review)
or the employee's (does not merit review?
2. Is the request based on additional duties (may merit review) or heavier
workload (does not merit review)?
3. Is the change substantial?
4. Is the the position change temporary (does not merit review) or long-term
(does merit review)?
5. Other factors must be considered depending on the position.
C. The supervisor shall submit a written review of the request to the City
Administrator indicating whether the supervisor recommends review.
D. If a review request is initiated by the supervisor, a written request must be
submitted to the City Administrator.
The request must include a detailed description and documentation of
changes in the position compared to the approved position description.
2. The request must be dated and signed by the supervisor.
E. The City Administrator, in consultation with the supervisor and human resources
staff, will determine if the position will be reviewed.
F. A written finding shall be provided to the employee with a ruling of no review
warranted or that a review was completed along with the revised point value.
G. If the position's point value changes because of a review, a revised position description
must be approved by the City Council reflecting the new pay grade in order for it to become
effective.
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SECTION 2-2 ASSIGNING AND SCHEDULING WORK
Assignment of work duties and scheduling work is the responsibility of the supervisor.
SECTION 2-3 DEMOTION
2-3.1 Employees may be demoted if they have been found unsuited for the present position but
may be suited for a different position. An employee may also be demoted if their position
has been abolished or reclassified to a lower class. Employees that are demoted may earn
a different rate of pay than their previous position.
SECTION 2-4 REDUCTION OF WORKFORCE
Should it become necessary to reduce the workforce, the selection of employees to be retained
shall be based on merit and ability or any other relevant factors as determined by the City
Administrator, subject to approval of the City Council.
SECTION 2-5 LAYOFF
Employees terminated pursuant to reduction in workforce have no right of appeal or any other
procedure as set forth in this manual related to termination of employment for other reasons.
Employees do not have the right to reinstatement.
SECTION 3 - EMPLOYEE SELECTION
SECTION 3-1 SCOPE
The City Administrator will manage the hiring process for all regular positions within the City.
All applications for full-time and part-time employment shall be submitted to the City
Administrator's Office, or his/her designee, for consideration. The City Administrator will utilize
department resources to assist in the process as appropriate.
SECTION 3-2 INTENTIOANLLY OMITTED
SECTION 3-3 EXAMINATIONS
3-3.1 Applicant qualifications will be evaluated in one or more of the following ways: a
training and experience rating; written test; oral test or interview; performance or
demonstrative test; physical agility test; or other appropriate job-related exam.
3-3.2 Any tests for appointment in the City service shall be competitive tests which shall be
open only to applicants who meet the minimum qualifications as stated on the job
posting, or qualifications determined to be equivalent by the City Administrator.
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3-3.3 The City Administrator shall establish minimum qualifications for each position with
input from the appropriate department head. All candidates must meet the minimum
qualifications to be eligible to participate in the selection and testing process.
SECTION 3-4 UNLAWFUL ACTS
Falsification of records: No person shall knowingly make any false statement, certificate, mark,
rating, or report in regard to any test, certificate, or appointment held or made under the city
personnel system, or in any manner commit or attempt to commit any fraud preventing the
impartial execution of the provisions of this policy.
SECTION 3-5 PRE-EMPLOYMENT MEDICAL EXAMS
3-5.1 The City Administrator may determine that a pre-employment medical examination,
which may include a psychological evaluation, is necessary to determine fitness to
perform the essential duties of any City position. Where a medical examination is
required, the offer of employment will be made contingent upon successful completion of
the medical exam. The medical exam will include a pre-employment drug test in
accordance with the applicable Drug Testing policy.
3-5.2 Where these exams are required, they will be required of all candidates who are
conditionally offered employment for a given job class. The information obtained during
the medical exam will be treated as confidential medical records.
3-5.3 The exam will be conducted by a licensed physician designated by the City and the cost
of the exam will be paid by the City. The physician will notify the City Administrator
that a candidate either is or isn't medically able to perform the essential functions of the
job, with or without accommodations and whether the candidate passed the drug test if
applicable. If the candidate requires accommodation to perform one or more of the
essential functions of the job, the City Administrator will confer with the physician and
candidate regarding reasonable and acceptable accommodations.
3-5.4 The physician will inform the candidates of the results of their examination. If a
candidate is rejected for employment based on the results, he/she will be notified of this
determination and may request further explanation from the physician.
SECTION 3-6 SELECTION
3-6.1 The selection process will be a cooperative effort between the City Administrator and the
department head, subject to final hiring approval of the City Council. For regular full-
time and part-time positions, the City Administrator will normally recommend the top
candidate or candidates to the City Council who has final authority on all hires and
promotions. The City Council may elect to interview any or all of the candidates for
department head positions. The City Council may interview for all department head
positions.
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3-6.2 Hiring of seasonal employees may be delegated to the department heads or their designee
upon approval of the City Council. These latter appointments may be terminated by the
department head at any time, subject to City Administrator approval.
SECTION 3-7 EMPLOYMENT OF FAMILY MEMBERS
3-7.1 The City is committed to the policy of equal opportunity when hiring, promoting and
evaluating its employees. For purposes of this policy, immediate family includes: spouse,
parent, stepparent, parent -in-law, child, stepchild, son- or daughter-in-law, sibling or
sibling -in-law, grandparent, grandchild, legal guardian, or ward of an employee or
elected official.
3-7.2 Members of an employee's immediate family shall be considered for employment based
solely on the individuals' qualifications for vacant positions. However, the City will not
employ an individual if the individual would be subject to administrative or supervisory
control by a member of the individual's immediate family. These policies also apply to
assigning, evaluating, transferring, disciplining, or promoting an employee.
3-7.3 City employees shall not be involved in the hiring, recommending for hiring, discipline,
or promotion of any member of the employee's immediate family, nor placed in a
position with authority to hire or supervise immediate family members.
3-7.4 The City shall not hire a member of the Mayor or a City Council member's immediate
family while that elected official is in office nor for a minimum 180 days after an elected
official is no longer in office.
SECTION 3-8 AFFIRMATIVE ACTION/EEO POLICY STATEMENT
3-8.1 There shall be no discrimination of employees or applicants for employment based on
race, color, creed, religion, ancestry, national origin, sexual orientation, disability, marital
status, status with regard to public assistance, political affiliation, sex, or age (except
where sex or age is a bona fide occupational qualification). The City will take
Affirmative Action to ensure that all employment practices are free of such
discrimination.
3-8.2 Such employment practices include, but are not limited to, the following: hiring,
reclassification, demotion, transfer, recruitment, selection, layoff, disciplinary action,
termination, rates of pay or other forms of compensation, and selection for training.
3-8.3 The City will commit the necessary time and resources, both financial and human, to
achieve the goals of Equal Employment Opportunity and Affirmative Action. Any
employee of the City who does not comply with the Equal Employment Opportunity
Policies and Procedures will be subject to disciplinary action.
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SECTION 4 - COMPENSATION
SECTION 4-1 GENERAL
4-1.1 Employees of the city shall be compensated according to a schedule established by the
City Council. Unless approved by the Council, no employee shall receive pay from the
City in addition to the salary authorized for the position to which he or she has been
appointed. Pay rate adjustment for acting appointments will be determined by the City
Council with recommendations made by the City Administrator.
4-1.2 Subject to Minnesota Statutes Section 179A.25, but notwithstanding any other law to the
contrary, the city shall maintain equitable compensation relationships as prescribed by
Minnesota Statutes Sections 471.991 to 471.999.
4-1.3 Employees to whom the Fair Labor Standards Act (FLSA) applies shall be compensated
for one and one-half times their regular rate of pay for work over 40 hours per week,
otherwise known as overtime work. Compensatory time off shall be taken as approved by
the department head for periods of not less than one (1) hour at a time. Employees may
accrue up to forty (40) hours of compensatory time between December 1 and November
30 of the following year. Hours of compensatory time not taken by November 30 shall be
paid to the employee as hours worked at the applicable rate of pay. Non-exempt
temporary and seasonal employees, will be paid overtime for work in excess of forty (40)
hours per week and will not receive or accrue compensatory time.
4-1.4 Employees who are not at the top step of their pay range for their position are eligible for
a step increase annually. Steps do not equate to years of service. Steps are not
automatically granted; employees must meet eligibility requirements to receive a step
increase. Eligibility requirements are determined by the City Administrator and City
Council. If interested, ask your supervisor for a copy of the eligibility requirements for
step increases. The City has the discretion to suspend step increases for all employees
and/or to accelerate an individual employee's step increases. Employees hired in 2015 or
after will receive step increase on their anniversary date upon meeting eligibility
requirements. Employees hired before 2015 will receive step increases on January 1 of
each year upon meeting the eligibility requirements.
SECTION 4-2 PAYCHECKS
4-2.1 The workweek begins on Sunday at 12:01 a.m. and ends on the following Saturday at
midnight.
4-2.2 Paychecks are normally issued every two weeks. Distribution of paychecks to City
employees will be through direct deposit only and will be accomplished in a timely
manner using accurate, consistent procedures. When paydays fall on a holiday, checks
are normally issued the day before the holiday.
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4-2.3 Employees are responsible for notifying the Human Resources Department of any change
in status including changes in address, phone number, names of beneficiaries, and marital
status.
SECTION 4-3 OVERTIME/COMPENSATORY TIME
4-3.1 The City has established this overtime policy to comply with applicable state and federal
laws governing accrual and use of overtime. The City Administrator or designee will
determine whether an employee is designated as "exempt" or "non-exempt" pursuant to
the FLSA.
4-3.2 Non -Exempt (Overtime -eligible) Employees:
A. All overtime -eligible employees will be compensated at the rate of time and one-
half for all hours worked over 40 in one workweek. Using banked PTO time, paid
leave, and compensatory time does not count toward "hours worked" except for
snow plowing operations during snow emergencies as determined by the City
Administrator or department head. Holidays will count as time worked for
purposes of computing overtime for non-exempt employees.
B. Compensation for overtime will take the form of either time and one-half pay or
compensatory time. Compensatory time is paid time off at the rate of one and
one-half hours off for each hour of overtime worked. When earned compensatory
time hours are used, they are not considered hours worked for overtime purposes.
C. The employee's supervisor must approve overtime hours in advance
whenever possible. An employee who works overtime without prior approval may
be subject to disciplinary action.
D. 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 that the overtime will be banked as compensatory time in lieu of payment.
E. The maximum compensatory time accumulation is 40 hours. Compensatory time
may be earned from December 1 through November 30 each year. By November
30 each year all employees compensatory time must be used or paid as
compensation.
F. Employees may request and use compensatory time off in the same manner as
other leave requests and each request must be approved by the department head.
G. In order to comply with the provisions of federal and state law, hours worked and
leave time used by all non-exempt employees are recorded daily and reported on a
biweekly basis. Each electronic time reporting form includes the approval of the
employee and immediate supervisor.
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H. All compensatory time will be marked as such on official timesheets, both when it
is earned and when it is used. The Human Resources Department will maintain
compensatory time records. All compensatory time accrued will be paid when the
employee leaves city employment at the hourly pay rate the employee is earning
at that time.
4-3.3 Exempt (Salaried) Employees:
A. Exempt employees are expected to work whatever hours are necessary in order to
meet the performance expectations outlined by their supervisors. On occasion,
they are required to work on Holidays, Saturdays, or Sundays and these will not
be considered extra workdays and they will not be compensated additionally for
them. Exempt employees do not receive extra pay for the hours worked over 40 in
one workweek.
B. Exempt employees are paid on a salary basis. This means that 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 weekly salary for any week in which any work is performed.
Absences of less than four (4) hours do not require use of paid leave as it is
presumed that the staff member regularly puts in extra hours above and beyond
the normal forty (40) hour work week. Over a sustained year period, it is expected
that salaried employees shall put in at least as many hours as would an hourly
employee considered to be full-time.
C. The City will not make deductions from pay due to exempt employees being
absent for jury duty or attendance as a witness in a legal proceeding but will
require the employee to pay to the City any amounts received by the employee
such as jury fees or witness fees, excluding mileage reimbursement.
D. 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.
E. Exempt employees must communicate absences from the workplace during
working hours to the City Administrator or designee. Exempt employees shall
complete an electronic time reporting form, on a biweekly basis, indicating
exceptions to the normal work week (i.e. use of PTO, holidays and other
authorized leaves). Because exempt employees are required to work longer days
at times, and come in on days off, their work hours may vary from a standard
schedule. Their regular workdays shall be based upon their department schedule.
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4-3.4 Requirement to Work Overtime:
A. Overtime should be avoided but, when it is necessary, the immediate supervisor
(or department head) must give specific approval prior to its being worked. Pre-
authorization may be presumed by employees in emergency situations such as
excess snowfall, flood, natural disasters, lift station malfunctions, or other similar
situations where the immediate response of staff is required to avert
endangerment of life, home, or property.
B. All employees, in all departments, are required to work overtime if 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.
SECTION 4-4 MEAL BREAKS AND REST PERIODS
4-4.1 City employees, when working under conditions where the use of a break is practical,
shall be granted two fifteen (15) minute breaks during each work shift of eight (8) or
more hours at a time specified by the department head. A fifteen (15) minute break is
measured from the time work is stopped until it is resumed. Break times may not be used
to shorten the workday (e.g. saving the two 15 minute breaks and leaving a half hour
before the end of a shift is prohibited.) However, upon approval, the two 15 minute
breaks may be combined to create a paid meal break approximately mid -way through a
shift of 8 hours or more.
Exceptions may be approved by the department head. It is understood that employees
may need to return to their duties during any paid break if the need arises to ensure
continuity of services.
4-4.2 Employees that take meal breaks in City buildings are encouraged to use the break room
provided in each building unless authorized otherwise by the department head. If an
employee chooses to travel off-site for meal breaks that travel time must be included in
the total break period. Employees may not use a City Vehicle for the sole purpose of
driving to lunch or other personal errands.
SECTION 4-5 ON-CALL EMPLOYEES
4-5.1 Hourly employees within the Utility Department will receive seven (7) hours of on-call
compensation for each week they are designated as on-call by the utility manager.
4-5.2 Non-exempt employees who are on-call and are called to work shall receive a minimum
of two (2) hours pay at one and one-half his/her hourly rate of pay. An extension or early
report to a regularly scheduled shift does not qualify the employee for the two (2) hour
minimum.
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SECTION 5 - EMPLOYEE BENEFITS
SECTION 5-1 ELIGIBILITY
5-1.1 Employee benefits mentioned in this section apply to all employees working thirty (30)
hours a week and are not temporary or seasonal.
5-1.2 Employees who are hired for part-time positions of 30 or more hours per week are
eligible for pro -rated benefits. Such benefits will be pro -rated based on hours approved
for the position and worked by the employee as compared to a full-time position of two
thousand eighty (2,080) hours per year.
5-1.3 Seasonal employees are not entitled to benefits, unless specifically provided herein.
SECTION 5-2 RETIREMENT BENEFITS
5-2.1 Public Employees Retirement Association (PERA):
All persons, with the possible exception of the City Administrator pursuant to state law,
hired for regular full and part-time positions and certain temporary and seasonal positions
with the City are members of the Public Employees Retirement Association (PERA).
Employees shall have deductions made, as established by law from each payroll.
5-2.2 Deferred Compensation:
Deferred compensation plans, which defer a portion of the employee's income for
retirement purpose and shelters such deferred amounts from state and federal taxes, may
be made available to all benefit -earning City employees.
SECTION 5-3 INSURANCE BENEFITS
5-3.1 With the exception of temporary and seasonal employees and employees that work
intermittent hours, sometimes referred to as project employees, all employees scheduled
to work thirty (30) or more hours per week are eligible to participate in the City's Benefit
Plan.
5-3.2 Insurance:
A. Employees are eligible for insurance coverage under the City -sponsored plans.
Part-time employees hired to work thirty (30) or more hours per week may elect
to be covered under these insurance plans. The City's contributions for part-time
employees will be pro -rated based on the positions' hours approved by the City
Council.
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B. The City provides group health and dental insurance for eligible employees. The
City contribution toward health and dental insurance premiums and Health
Savings Account (HSA) will be determined by the City Council on an annual
basis.
C. The City provides a City -paid $25,000 term life insurance policy with accidental
death and dismemberment coverage and short-term and long-term disability
insurance for eligible employees. This coverage begins on the first day of
employment for eligible employees. Employees will have the option to purchase
additional life insurance for their spouse and children.
D. The City, as required by law, provides continuation of benefits under
Consolidated Omnibus Budget Reconciliation Act (COBRA) and Minnesota
Continuation law. COBRA gives employees and their dependents that lose their
health benefits due to a qualifying event the right to choose to continue group
health benefits provided by their group plan for limited periods of time.
Minnesota Continuation Law provides for continuation of group life insurance for
a maximum of eighteen (18) months. An administrative fee may apply to
continuation of benefits.
SECTION 5-4 MEDICAL AND DEPENDENT CARE FLEXIBLE BENEFIT PLANS
5-4.1 Participants may designate a portion of their compensation as Pay Conversion
Contributions. These contributions may be applied toward the following benefits:
A. Medical Expense Reimbursement Plan - This plan has been established by the
City to help provide more complete medical coverage for those employees who
participate in the Employer's flex plan and who choose to make contributions to a
medical expense reimbursement account. It is intended to provide reimbursement
of deductibles, co -payments, and coinsurance amounts that a participant may be
required to pay, as well as reimbursement of other eligible medical and
hospitalization expenses covered by this plan.
B. Dependent Care Assistance Plan - This plan has been established by the City for
the benefit of employees who participate in the flex plan, and who choose to make
contributions to a dependent care expense reimbursement account. It is intended
to provide reimbursement for eligible expenses for the custodial care of a child or
other eligible dependent when such custodial care is needed to enable the
participant and his or her spouse (if applicable) to remain employed.
5-4.2 The Medical Expense and Dependent Care Plan Documents describe each benefit in
detail. Participants are given a Summary Plan Description upon entering the Plan and the
Plan document is retained on file in the City Human Resources Department for use by
employees.
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SECTION 5-5 ADDITIONAL VOLUNTARY PLANS
5-5.1 This section will cover additional plans that employees may opt into through the City.
The City does not contribute to the cost of these additional benefits. Because the cost and
selection of additional benefits may change, any questions about these benefits should be
directed towards the Human Resources Department.
5-5.2 Employees have the option to take additional types of insurance coverage through Aflac
Insurance.
5-5.3 Supplemental life insurance coverage for an employee's spouse and child(ren). The
employee must be covered by their own life insurance policy.
5-5.4 The City provides a flexible benefit plan that allows an employee to set aside pre-tax
income for eligible medical and child care expenses for all regular and probationary full-
time and benefit -earning part-time City employees. These plans provide employees with
a choice among different combinations of medical care benefits, dependent care benefits,
and direct compensation.
5-5.5 LegalShield and IDShield. LegalShield is has provided general legal services and identity
theft protection for over a million members. Legal membership includes, but is not
limited to, will preparation, residential loan document assistance, and contract review.
Identity theft protection includes, but is not limited to, privacy monitoring and
identification restoration.
SECTION 6 - PAID TIME OFF
SECTION 6-1 PERSONAL TIME OFF LEAVE
6-1.1 Personal Time Off Leave (PTO):
PTO will accrue according to the following schedule for full-time employees. Eligible
part-time employees working a minimum of twenty (20) hours per week will receive pro-
rated leave based on their scheduled hours. Seasonal employees do not qualify for the
benefits in Section 6. PTO Schedule:
BENEFIT ELIGIBLE YEARS
OF EMPLOYMENT
0 through 1 year
2 through 5 years
6 through 9 years
10 years
11 years
12 years
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ACCRUAL PER PTO HOURS
PAY PERIOD PER YEAR
4.00 hours
104 hours
6.77 hours
176 hours
8.00 hours
208 hours
8.31 hours
216 hours
8.62 hours
224 hours
8.92 hours
232 hours
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13 years
9.23 hours
240 hours
14 years
9.54 hours
248 hours
15+ years
9.85 hours
256 hours
The City Administrator can start a new employee at a higher PTO accrual rate subject to
City Council approval. Changes in accrual rate will occur on the employee's anniversary
date.
In 2020, the City Council authorized employees to use PTO to a deficit balance of 80
hours if the state or community is experiencing a pandemic related event.
6-1.2 Guidelines for PTO:
A. PTO can be used for any reason. PTO shall be scheduled in advance and approved
by a supervisor unless it is used for illness or similar unexpected situations.
B. Employees may carry over from one calendar year ending December 31 to the
next up to the amount of PTO earned in the prior year.
C. An employee receiving payments under the City's short-term or long-term
disability insurance plan will not accrue PTO. PTO shall not accrue during leaves
of absence without pay, including FMLA. However, an employee who is still
working while receiving disability payments will accrue PTO on a pro rata basis
for hours worked.
D. PTO cannot be used when an employee is receiving short term or long term
disability payments unless the short term disability and long term disability
payment is less than the employee's pay for the same period in which case the
short fall may be made up with the use of PTO.
6-1.3 Administration of PTO:
The following procedures shall be followed in administering PTO:
A. Employees may not use PTO in excess of the amount they have accrued.
B. PTO cannot be transferred from one employee to another.
C. Supervisors shall establish procedures for scheduling leaves for their department
giving consideration to the needs of the City services and the ability of the
remaining staff to perform work responsibilities.
D. PTO may be used in no less than fifteen (15) minute increments.
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E. When non-exempt employees work less than their scheduled hours, they are
required to use paid leave to cover the number of hours missed in the workweek.
They may not use leave time to go over 40 hours per week except in cases of an
emergency as described in Section 4-3.2A. When employees have used all
eligible paid leave and compensatory time, any additional hours missed will be
without pay.
SECTION 6-2 HOLIDAYS
The following holidays are observed by the City:
New Year's Day (January 1)
Martin Luther King, Jr.'s Birthday (third Monday in January)
Presidents' 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)
Friday After Thanksgiving
Christmas Eve (December 24)
Christmas Day (December 25)
New Year's Eve, second half of the day (December 31)
Regular full-time employees are eligible to receive pay for these holidays. Eligible Regular part-
time employees scheduled to work a minimum 1,040 hours per year (average of 20 hours per
week) will receive pro -rated paid holidays; hours of holiday pay will be pro -rated according to
the number of hours worked. Temporary and seasonal employees are not eligible for paid
holiday leave.
An employee is entitled to holiday pay if he/she has worked or has used other paid leave his/her
last scheduled day prior to and his/her first scheduled day after the official holiday.
Generally, for employees working a Monday through Friday workweek, holidays occurring on
Saturday will be observed the preceding Friday and holidays occurring on Sunday will be
observed on the following Monday.
6-2.1 Holiday Overtime:
All non-exempt employees who are required to work on an actual or observed holiday
shall receive two times their hourly rate for all hours on that day. This holiday overtime
will be paid in addition to any holiday pay eligible employees would have been entitled
to had they not been required to work.
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SECTION 6-3 FAMILY AND MEDICAL LEAVE
6-3.1 Reasons for Family and Medical Leave:
In accordance with the Family and Medical Leave Act (FMLA), unpaid job protected
leave will be granted to all eligible employees for up to twelve (12) weeks per twelve
(12) month period for any of the following reasons:
A. The birth of a child and to bond with the newborn child within one year of birth.
B. The placement with the employee of a child for adoption or foster care and to
bond with the newly placed child within one year of placement.
C. A serious health condition that makes the employee unable to perform the functions
of his or her job.
D. To care for the employee's spouse, son, daughter, or parent who has a serious health
condition.
E. Any qualifying exigency arising out of the fact that the employee's spouse, son,
daughter, or parent is a military member on covered active duty.
F. To care for a covered servicemember with a serious injury or illness if the employee
is the spouse, son, daughter, parent, or next of kin of the servicemember (military
caregiver leave).
In 2020, due to the COVID-19 pandemic, employees are eligible for additional leave under
certain circumstances.
Families First Coronavirus Response Act
On March 18, 2020 the President signed into law the Families First Coronavirus Response
Act (The Act). The Act includes the Emergency Paid Sick Leave Act and the Emergency
Family and Medical Leave Expansion Act.
Emergency Sick Pay Leave- Available through 12/31/20
Under the Emergency Sick Pay Leave Act two weeks of emergency sick leave is available to
all part-time and full-time employees who are unable to work (or telecommute) due to a need
for leave because the employee:
1. is subject to a federal, state, or local quarantine or isolation order related to COVID-
19;
2. has been advised by a health care provider to self -quarantine related to COVID-19;
3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
4. is caring for an individual subject to an order described in (1) or self -quarantine as
described in (2);
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5. is caring for his or her child whose school or place of care is closed (or child care
provider is unavailable) due to COVID-19 related reasons; or
6. is experiencing any other substantially -similar condition specified by the U.S.
Department of Health and Human Services.
Full-time employees who are unable to work because of reasons 1-3 listed above are entitled
to two weeks (80 hours) and part-time employees are entitled to the typical number of hours
that they work in a two-week period. The amount paid is capped at $511 per day ($5,110 in
the aggregate).
Full-time employees who are unable to work because of reasons 4, 5, and 6 listed above are
entitled to two weeks of 2/3 their normal rate of pay capped at $200 per day ($2,000 in the
aggregate) and part-time employees are entitled to the typical number of hours that they work
in a two-week period paid at 2/3 their normal rate of pay.
For reasons 1-4, paid sick leave terminates beginning with the employee's next scheduled
work shift immediately following termination of the need of sick pay.
Emergency Family and Medical Leave Expansion Act- Available through 12/31/20.
Under the Emergency Family and Medical Leave Expansion Act employees who have been
employed with the City at least thirty (30) calendar days are eligible for up to twelve (12)
weeks of job -protected leave.
The act provides leave for employees who are unable to work because they need to care for a
son or daughter under 18 years of age whose:
School or place of care has been closed, or
Child care provider is unavailable due to a public health emergency.
The first 10 days of emergency FMLA leave may be unpaid, unless the employee chooses to
use available accrued paid leave or supplement with Emergency Sick Leave.
After the first ten (10) days emergency FMLA leave will be paid at a rate of 2/3 the
employee's regular rate of pay capped at $200 per day ($12,000 aggregate) for the remaining
duration of the leave.
Discuss with your supervisor if leave needs to be taken intermittently due to disturbances in
childcare.
Any unused paid leave granted by the Act does not carry over into 2021.
6-3.2 Service Member Family Leave:
An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered
service member shall be entitled to a total of 26 workweeks of leave during a twelve (12)
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month period to care for the service member with a serious active -duty -related illness or
injury (see definition below). The leave described in this paragraph shall only be
available during a single twelve (12) month period. The leave is allowed once per service
member and once per injury.
6-3.3 Under the FMLA, the following definitions apply:
"Caring" for someone includes psychological as well as physical care. It also includes
acquiring care and sharing care duties.
An eligible "son or daughter" is defined as a person under 18 years of age (or a person
incapable of self-care because of a physical or mental disability) who is a biological, adopted,
foster or step child, a ward of the employee, or a person with whom the employee is charged
with a parent's rights, duties, and responsibilities. For purposes of military qualifying
exigency leave, the age limit is disregarded.
An eligible "parent" includes a biological parent or a person who was charged with a
parent's rights, duties, and responsibilities over the employee when the employee was
under the legal age, but doesn't include in-laws.
The term "serious health condition" means an illness, injury, impairment, or physical or
mental condition that involves:
A. inpatient care in a hospital, hospice, or residential medical care facility; or
B. continuing treatment by a health care provider.
The term "serious injury or illness", in the case of a member of the Armed Forces, means
an injury or illness incurred by the member in line of duty on active duty in the Armed
Forces that may render the member medically unfit to perform the duties of the member's
office, grade, rank, or rating.
FMLA is available for treatment of substance abuse when it qualifies as a "serious health
condition" but not for an absence that was required because of use of a substance.
The term "covered service member" means a member of the Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the
temporary disability retired list, for a serious injury or illness.
6-3.4 Eli ibifi :
An eligible employee is one who has worked for the City for a cumulative period of
twelve (12) months and worked at least 1,250 hours for the City during the twelve (12)
month period prior to requesting the leave.
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6-3.5 Leave Year:
The leave year begins on the first day of an employee's leave and continues for twelve (12)
consecutive months thereafter for purposes of this policy.
6-3.6 Notice:
The employee is to give verbal or written notice at least thirty (30) days prior to the date
on which the leave is to begin if the need for leave is foreseeable. The thirty (30) day
notice requirement can be waived by the City if circumstances warrant.
If an employee fails to give thirty (30) days' notice for a foreseeable leave with no
reasonable explanation for the delay, the leave may be denied until thirty (30) days after
the employee provides notice. Planned medical treatment should be scheduled so that it
will not unduly disrupt the City's operations.
6-3.7 Medical Certification:
The employee may be required to submit medical certification to support a request for
leave because of a serious health condition of a child, spouse, parent or the employee. A
"Certification of Physician or Practitioner" form can be obtained from the Human
Resources Department.
It is to be completed by the attending physician or practitioner and submitted to the City
Administrator within fifteen (15) days after requested, or as soon as is reasonably
practicable.
It must include enough facts to determine whether the certification is sufficient to warrant
the leave of absence.
A. For an employee with a serious health condition, it will be sufficient if it states:
the date on which the serious health condition commenced;
2. the probable duration of the condition;
3. the appropriate medical facts within the knowledge of the health care
provider regarding the condition;
B. For a leave for care for a son, daughter, spouse, or parent, it must provide an
estimate of the amount of time that such employee is needed to care for the son,
daughter, spouse, or parent.
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C. In the case of certification for intermittent leave, or leave on a reduced leave
schedule, for planned medical treatment, it must include the dates on which such
treatment is expected to be given and the duration of such treatment;
D. In the case of certification for intermittent leave, or leave on a reduced leave
schedule, for a chronic serious health condition, it must include a statement of the
medical necessity for the intermittent leave or leave on a reduced leave schedule,
and the expected duration of the intermittent leave or reduced leave schedule; and
E. For intermittent leave, or leave on a reduced leave schedule, for the care of the
son, daughter, parent, or spouse who has a serious health condition, it must show
it is medically necessary to care for that family member, or will assist in their
recovery, and the expected duration and schedule of the intermittent leave or
reduced leave schedule.
F. The City may require a second or third opinion at the City's expense. If required,
the City will select a health care provider not regularly associated with the City.
6-3.8 Re -certification:
Re -certification may be required if the employee requests an extension of the original
length approved by the City (up to a maximum of twelve (12) weeks) or if the employee's
circumstances change. Re -certification may also be required if there is a question as to
the validity of the certification or if the employee is unable to return to work due to the
serious health condition. In general, the City may request recertification no more often
than every thirty (30) days.
6-3.9 Intermittent Leave:
Leave requested because of a serious health condition of either a family member or the
employee may be taken intermittently or on a reduced schedule if such leave is deemed to
be medically necessary. All requests for intermittent leave will be evaluated on a case-by-
case basis. Employees are required to make reasonable efforts to schedule leave that is
foreseeable for planned medical treatment so the leave does not unduly disrupt City
operations.
The employer may require the employee to transfer temporarily to an alternative position,
with equivalent pay and benefits that better accommodates the intermittent leave than the
regular position.
6-3.10 Fitness For Duty Certification:
The City may require a medical certificate attesting to the employee's fitness for duty
prior to return to work. The fitness for duty report must be based on the particular health
condition(s) for which the leave was approved and must address whether the employee
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can perform the essential functions of the job. The City Administrator may consult with a
physician or other expert to determine reasonable accommodations for any employee
who is a "qualified disabled" employee under the Americans with Disabilities Act
(ADA). If a fitness for duty certification is required, the City may deny reinstatement
until it is provided.
6-3.11 Job Protection:
Employees returning from Family and Medical Leave will be reinstated in their former
position or a position equivalent in pay, benefits and other terms and conditions of
employment.
An employee's reinstatement rights are the same as they would have been had the
employee not been on leave. Thus, if an employee's position would have been eliminated
or an employee would have been terminated but for the leave, the employee would not
have the right to be reinstated upon return from leave.
6-3.12 Effect On Benefits:
A. Health and Dental Insurance - An employee granted a leave under this policy
will continue to be covered under the City's group health and dental insurance
plan under the same conditions and at the same level of City contribution as
would have been provided if they had been continuously employed during the
leave period. If there are changes in the City's contribution levels while the
employee is on leave, those changes will take place as if the employee were still
on the job.
The employee will be required to continue payment of the employee portion of all
group insurance coverage, and the city's portion plus any required administrative
fee, if applicable, for life insurance continuation, if continuation is desired.
Employees must make arrangements with the Human Resources Department for
payment of the employee's portion of premiums. If an employee's contribution is
more than thirty (30) days late, the City may terminate the employee's insurance
coverage (subject to COBRA requirements).
B. Seniority - Seniority does not accrue during the period of unpaid Family and
Medical Leave (except as allowed during a parental leave, USERRA or when the
leave is covered by Worker's Compensation). However, seniority accrued prior to
commencement of FMLA leave will not be lost.
C. Use Of Accrued Compensatory Time Or Paid Leave During Family And
Medical Leave - During the Family and Medical Leave, employees must use
their accrued compensatory time prior to taking an unpaid leave unless their
medical condition or injury is covered by worker's compensation or disability
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insurance, or the absence qualifies under the State Parental Leave law (see
Parental Leave Policy - 6-8).
Employees may use accrued PTO, if they so choose, after compensatory time is
exhausted. When compensatory time has been exhausted, any remaining time
will be unpaid except for PTO requested by the employee.
D. Effect On Pension - FMLA leave counts as continued service for purposes of
retirement or pension plans.
E. Training - Employees who have missed training sessions while on FMLA leave
will be given a reasonable opportunity to make them up.
6-3.13 Records Retention:
Records on FMLA leave will be kept along with normal payroll records except that any
medical record will be maintained separately as a confidential medical record in
accordance with the law.
6-3.14 Failure To Return From FMLA Leave:
A. Employees who cannot return from an approved family and medical leave at the
end of the approved leave period must request an extension (up to the maximum
of twelve (12) weeks allowed). If the twelve (12) allowable weeks have already
been used, the employee can request to go on a regular unpaid leave of absence.
If approved, the employee will be required to pay the full cost of all group
insurance, as allowed under COBRA, in order to continue coverage. See
exception to this rule under Continuation Coverage, Section 5-3.2.
C. If circumstances beyond the employee's control prevented the employee from
requesting additional leave, a retroactive leave request may be allowed, subject to
the City Administrator's approval.
D. If an employee fails to return from an FMLA leave and is determined to have
voluntarily quit as described above, the City may seek reimbursement from the
employee for the portion of the premiums paid by the City on behalf of that
employee during the period of leave.
SECTION 6-4 ADMINISTRATIVE LEAVE
Under special circumstances, the City Administrator or City Council may, at the City's
discretion, place an employee on an administrative leave pending the outcome of an internal or
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external investigation, criminal proceeding, or disciplinary reasons. The leave may be paid or
unpaid, depending on the circumstances, as determined by the City Administrator.
SECTION 6-5 ADVERSE WEATHER
City facilities will be open during adverse weather. Due to individual circumstances, each
employee will have to evaluate the weather and road conditions in deciding to report to work (or
leave early). Employees will be paid for hours worked. Public works maintenance, utilities and
park employees would generally be required to report to work regardless of conditions.
The City Administrator will decide whether conditions indicate a general excused absence for
those unable to report to work due to the adverse weather. Employees shall take PTO or use
compensatory time if eligible, or unpaid time. Decisions to cancel departmental programs
including but not limited to special events and after school programs will be made by the
respective department head or his/her designee.
SECTION 6-6 JOB-RELATED INJURIES OR ILLNESS
6-6.1 Employees are required to immediately report all job-related illnesses or injuries to their
supervisor immediately, no matter how minor the injury may be. If a supervisor is not
available and the injury or illness requires immediate treatment, the employee must go to
the nearest available medical facility for treatment. The employee must notify their
supervisor as soon as possible of the action taken, the name of the care provider, and the
name of the medical facility.
If the injury is not of an emergency nature, but requires medical attention, the employee
shall report it to the supervisor and call the managed care provider to schedule a medical
appointment.
6-6.2 Worker's Compensation benefits and procedures to return to work shall be applied
according to applicable state and federal laws, and requirements of the City's Worker's
Compensation Administrator.
SECTION 6-7 EMPLOYEES WITH HEALTH-RELATED WORK RESTRICTIONS
6-7.1 At times employees may require job modifications, a leave of absence, or other action
due to an injury, illness, or a medical or psychological condition preventing them from
performing one or more of their required duties. Employees are responsible for notifying
their supervisor of any need for job modification or leave of absence. Each situation will
be evaluated on a case-by-case basis consistent with applicable state and federal laws.
Medical documentation may be required.
6-7.2 Job modification, leaves, or other action may also be required when an employee cannot
safely perform the job. This includes situations where exposure to potentially harmful
situations or substances is likely to jeopardize the health or safety of the employee,
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coworkers, or the public. It also includes situations where an employee's work
performance, or other indications, lead a supervisor to objectively conclude that the
employee may not be able to perform the job or parts of the job safely.
6-7.3 The City Administrator will advise supervisors and department heads as to appropriate
actions to take including modifications to the position. Job modifications will normally
be temporary in nature unless required to be otherwise by law. At times, an outside
resource may be called to assist in determining appropriate action. This may include the
employee's physician, a City -appointed physician or psychologist, or a rehabilitation or
occupational medicine specialist.
SECTION 6-8 PARENTING LEAVE
6-8.1 Under Minnesota law, employees who work twenty (20) hours or more per week and
have been employed more than one year are entitled to take an unpaid leave of absence in
connection with the birth or adoption of a child. The leave may not exceed twelve (12)
weeks, and must begin within twelve (12) months of the birth or adoption or, where the
child must remain in the hospital longer than the mother, within twelve (12) months after
the child leaves the hospital.
6-8.2 Employees are not required to use PTO during parental leave but may use it at their
option for any period of this leave.
6-8.3 The employee is entitled to return to work in the same position and at the same rate of
pay the employee was receiving prior to commencement of the leave. Group insurance
coverage and City contributions will remain in effect during the twelve (12) week leave.
6-8.4 If the employee has any FMLA eligibility remaining at the time this leave commences,
this leave will also count as FMLA leave. The two leaves will run concurrently until
eligibility for either leave expires.
6-8.5 Seniority will continue to accrue during the twelve (12) week parental leave for eligible
employees. Employees, who are not covered under the law, may receive up to a
maximum of two (2) weeks unpaid leave that is not adjusted for seniority with
authorization of the department head and City Administrator.
6-8.6 Under the Fair Labor Standards Act and Minnesota Statute Section 181.939, a non-
exempt employee that is also a nursing mother is entitled to reasonable unpaid break time
to express milk for one (1) year after the child's birth. If this break is taken during a
normal paid break, then the break will be paid.
SECTION 6-9 FUNERAL LEAVE
6-9.1 Funeral leave may be granted to full-time and benefit -earning part-time City employees
by the employee's immediate supervisor. To be eligible for funeral leave, an employee
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must furnish adequate proof that a death has occurred within the employee's immediate
family.
6-9.2 The term "immediate family" shall include spouse, parents and step-parents, children,
step -children, grandparents, and brothers and sisters of the employee or employee's
spouse. Relatives of the employee other than those above listed shall not be considered
members of the immediate family for the purposes of this policy.
6-9.3 Paid funeral leave may be granted for two (2) work days. This paid leave will not be
deducted from the employee's PTO balance.
SECTION 6-10 MILITARY LEAVE
6-10.1 Minnesota Statutes Section 192.26 and 192.261 provide that an employee of any
municipality who is a member of the National Guard, the Naval Militia, the Officers
Reserve Corps, the Naval Reserve, the Marine Corps Reserve 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.
6-10.2 In accordance with State Law, the employee shall be granted an unpaid leave of absence
when called to active duty. If an employee has not yet used their fifteen (15) days of paid
leave when called to active duty, any unused paid time will be allowed prior to the unpaid
leave of absence.
6-10.3 Such leave shall not be allowed unless the officer or employee (1) returns to the public
position immediately on being relieved from such military or naval service and not later
than the expiration of the time limited by state statute for such leave, or (2) is prevented
from so returning by physical or mental disability or other cause not due to the officer's
or employee's own fault, or (3) is required by proper authority to continue in such
military or naval service beyond the time limited by state statute for such leave. Notice
shall be given the Employer at least fifteen (15) working days in advance of the requested
leave. Notice may be waived under certain circumstances.
6-10.4 Returning reservists have the right to return to their jobs or another job of similar
seniority, status, and pay upon completion of active duty in accordance with Minnesota
Statutes Section 192.261, subd. 2 and 38 U.S.C. 4316.
6-10.5 Eligibility for continuation of insurance coverage will follow the same procedures as for
any terminated or laid -off employee while the employee is on an unpaid leave of absence
for active duty. In addition, military leaves of absence shall be considered work time for
the purposes of PTO accrual. See also Section 6-3 Family and Medical Leave.
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SECTION 6-11 JURY DUTY LEAVE
6-11.1 Full-time and benefit -earning part-time employees shall be granted paid leaves of
absence for required jury duty provided that such duty does not exceed one hundred
twenty (120) hours in any one calendar year. Employees shall receive that portion of their
regular straight time pay that will, together with their jury pay, equal their total
compensation for the same period.
The time spent on jury duty shall not be counted as time in computing overtime.
Employees excused or release from jury duty during their regular working hours shall
report to their supervisors immediately thereafter.
6-11.2 Employees shall notify their supervisor as soon as possible after receiving notice to report
for jury duty. The employee will be responsible for ensuring that a report of jury duty and
pay form is completed by the Clerk of Court each week so that City will be able to
determine the amount of compensation due for the period involved.
6-11.3 Temporary, seasonal, and part-time employees working less than twenty (20) hours per
week are not eligible for compensation for absences due to jury duty. They can take a
leave without pay with department head approval.
6-11.4 Court Appearances - Employees will be granted paid leave time to testify in Court only
for City -related business. Any compensation received for court appearances (e.g.
subpoena fees) arising out of or in connection with City employment, minus mileage
reimbursement, must be turned over to the Finance Department.
SECTION 6-12 SCHOOL CONFERENCE LEAVE
Any employee who has worked half-time or more may take unpaid leave for up to a total of
sixteen (16) hours during any twelve (12) month period to attend school conferences or
classroom activities related to the employee's child (under 18 or under 20 and still attending
secondary school), provided the conference or classroom activities cannot be scheduled during
non -work hours. Verification may be required.
SECTION 6-13 ELECTIONSNOTING
6-13.1 Any employee who is selected to serve as an election judge pursuant to Minnesota Statute
Section 20413.21 subd. 2, will be allowed time off without pay for purposes of serving as
an election judge, provided that the employee gives the City twenty (20) days written
notice.
6-13.2 All employees who are eligible to vote at 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
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representative, shall be allowed time off with pay to vote during the morning of election
day.
SECTION 6-14 LEAVE OF ABSENCE WITHOUT PAY
6-14.1 This section sets forth policy regarding leave without pay and shall generally be followed
to promote fairness and consistency. However, nothing in this policy shall limit the City's
authority to make additional reasonable accommodations as may be necessary and which
do not result in hardship to the City.
6-14.2 Supervisors may, giving consideration to the needs of the City and the ability of the
remaining staff to accomplish work responsibilities, authorize regular employees to be
absent without pay for personal reasons for a period or periods up to a total of ten (10)
working days in any calendar year. Requests for leave of absence without pay in excess
of ten (10) days and up to thirty (3 0) days in a calendar year must be approved in advance
by the City Administrator.
Leave without pay for thirty (30) days or more must be approved by the City Council.
Employees are not eligible for leave of absences beyond one year - including paid and
unpaid leave time combined.
6-14.3 Employees shall request such leaves of absence without pay in writing in advance of the
desired date indicating the reason(s) for absence, the specific absence period, and
anticipated date of return to work. The City Council may waive this requirement under
extenuating circumstances.
6-14.4 Leaves of absence will not be given for the purpose of enabling any employee to work for
another employer or to engage in any form of self-employment. Any employee who
obtains a leave of absence by misrepresenting the purpose therefore shall be discharged.
6-14.5 While on approved leave of absence without pay exceeding ten (10) consecutive working
days, an employee will not receive city contributions to City -sponsored group
insurance(s) unless the leave qualifies as parenting or family and medical leave or the
employee is receiving long-term disability (See Section 5-3.2) or unless otherwise
required by law. Employees will not be eligible for holiday pay or PTO accrual for
unpaid leaves of absences. Nor will the time on leave of absence without pay be
considered for purposes of calculating seniority where the period exceeds ten (10)
consecutive working days. Exceptions will be made for employees during active status
with the armed forces pursuant to federal law.
6-14.6 To qualify for leave without pay, an employee must first use all accrued PTO and
compensatory time. Leave without pay for purposes other than medical leave, military
leave, or work-related injuries will be at the sole discretion of the City.
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6-14.7 Employees returning from a leave without pay for a reason other than a qualified
parenting or family and medical leave will be guaranteed return to the original position
only for absences of thirty (30) calendar days or less.
6-14.8 Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons
other than qualified parenting or family and medical leave, are not guaranteed return to
their original position. If their original position or a position of similar or lesser status is
available, it may be offered at the discretion of the City. See also Military Leave, Section
6 - 10.
6-14.9 The City acknowledges these provisions are not intended to modify or replace any rights
to any employee that are granted under state or federal law.
SECTION 7 - PERFORMANCE REVIEWS
SECTION 7-1 PURPOSE
An objective performance review system has been established by the City for the purpose of
periodically documenting the performance of City employees. The quality of performance
rendered by the employee in the past will receive due consideration in such personnel decisions
as promotions, transfers, demotions, terminations and, where applicable, salary adjustments.
SECTION 7-2 GUIDELINES
A. Performance reviews will be completed by a designated supervisor or department
head, who may receive feedback from others in completing the review.
Performance reviews will be discussed with the employee. Employees may grieve
their performance review to the City Administrator. Employees may also submit a
written response, which, subject to review by the City Administrator, may be
attached to the performance review. If the performance review was performed by
the Administrator, the employee may grieve the performance review to the City
Council.
B. All performance reviews completed by supervisors below the department head
level will be reviewed and approved by the applicable department head or the
City Administrator. The City Council has sole authority to evaluate the City
Administrator and may elect to receive feedback from others as part of the
process.
C. Performance reviews should be scheduled on a regular basis, at least annually.
Additionally performance reviews may be scheduled at the discretion of the City,
and in the event of circumstances, action or inaction dictating the need for
additional review. The Performance review form, with or without all required
signatures, shall be retained as part of the employee's personnel file in the Human
Resources Department.
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D. Performance reviews will be signed by the employee and the person responsible
for the review. By signing the performance review the employee acknowledges
that he or she has read the review and has had an opportunity to discuss it with the
person responsible for the review. The employee's signature does not necessarily
indicate agreement with the performance review. Failure to sign the document by
the employee will not delay processing of the review, nor will it impede or delay
any consequences of the review.
SECTION 8 - EMPLOYEE EDUCATION AND TRAINING
SECTION 8-1 PURPOSE AND GUIDELINES
The City promotes staff development as an essential, ongoing function needed to maintain and
improve cost effective quality service to residents. The purposes for staff development are to
ensure that employees develop and maintain the knowledge and skills necessary for effective job
performance and employees are provided with an opportunity for job enrichment and mobility.
8-1.1 Policy Guidelines:
A. The City shall encourage training sessions conducted by employees of the same
department or of similar job classifications where necessary to the performance of
their jobs.
B. Supervisors shall provide an orientation program for new employees.
C. The immediate supervisor shall ensure training is provided for the operation of
new equipment as required.
D. The City encourages contact with personnel from other municipalities in order to
learn more efficient job procedures.
E. The City encourages the use of in-house talents and skills in training as well as
the expertise of local citizens, companies, and agencies.
F. Written approval from a department head or Administration is required to attend
training programs.
G. Each employee must complete five (5) hours of training annually.
8-1.2 Administration Guidelines:
A. General guidelines for training where the City provides financial support and/or
time off work are as follows:
Work interference shall be minimal.
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2. Training shall not duplicate recent training.
3. Training costs shall be within budgetary limits.
4. Preference shall be given to training that provides the most benefit to the
City at the least cost.
5. The department head shall ensure that there is adequate coverage of
departmental responsibilities before approving training applications.
6. Training shall relate to an employee's job, health, or safety.
7. Training shall be structured to provide general information that will aid in
an employee's growth or maintenance of professional standards.
If the City requires attendance at a seminar, the City pays tuition,
registration fees, and wages for all required hours of attendance. Expenses
will be paid in accordance with standard practices.
9. Employees should be aware at all times that they are representing the City
while attending any conference, meeting, seminar, or convention.
Employees should conduct themselves as if they were at work. Improper
conduct at any City authorized or sponsored event reflects poorly on the
City and will be subject to disciplinary action as if it occurred during
regular working hours.
SECTION 8-2 MEMBERSHIPS AND DUES
The purpose of memberships to various professional organizations must be directly related to the
betterment of the services of the City. Normally, one City membership per agency as determined
by the responsible authority is allowed, providing funds are available.
Upon separation of employment, individual memberships remain with the City and are
transferred to other employees by the department head.
SECTION 8-3 TRAVEL REIMBURSEMENT
8-3.1 Purpose:
To reimburse employees for out-of-pocket expenditures when out of the City on approved
business.
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8-3.2 Procedures:
1. All work-related travel by employees requires the approval of the City
Administrator or his/her designee. All conference and school -related expenses
shall also be approved by the City Administrator.
2. All expenses incurred for travel are to be paid by the employee unless pre -paid by
the City. The employee's expenses may be covered with a travel advance or the
employee may use personal funds and be reimbursed after the travel. Travel
advances may only be requested for meals and hotel expenses or airfare that has
not been pre -paid by the City.
3. If a City vehicle is not available, or is otherwise not appropriate, employees may
use a privately owned vehicle for travel on City business within the State of
Minnesota. The following mileage reimbursement will be allowed:
A. For use of a City -owned vehicle: actual receipted expenses.
B. For use of a privately owned vehicle: IRS- approved mileage
reimbursement rate.
4. Travel outside of Minnesota shall be reimbursed at actual round-trip coach rate
airfare. If a personal automobile is used, reimbursement will be paid on the basis
of prevailing mileage allowance or coach airfare, whichever is less. If an
employee prefers to drive, any extra time required due to driving will be taken as
leave time.
5. Employees who depart for a conference early, or remain afterwards, are
personally responsible for all costs for hotel, living expenses, and any additional
travel expenses.
6. Hotel accommodations shall be reasonable and shall be reimbursed at actual and
necessary cost, consistent with facilities available and in proximity of the
conference or meeting being attended. Where multiple occupancy has occurred,
the official or employee may only claim the actual and necessary cost of his or her
single occupancy.
7. The City will provide funding for out of State training and National conferences
according to funding availability and approval of the City Administrator and City
Council.
8. Upon returning, employees must settle their travel accounts within thirty (30)
working days by completing a Reimbursement Summary and submitting it to the
Finance Department.
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9. A daily allowance for meals and incidentals will be reimbursed, upon providing
proof of actual expenses, in an amount not to exceed the allowance amount
determined by the United States General Services Administration for the location
of travel.
10. Other miscellaneous expenses, such as travel to and from the destination airport,
buses, and phone calls that are business related, will be reimbursed, upon
providing proof of actual expenses, at the City's discretion. Attempts should be
made to retain receipts whenever possible. Rental car reimbursement will be made
only with prior approval by the City Administrator.
SECTION 9 - PUBLIC PURPOSE EXPENDITURES
SECTION 9-1 GENERAL
Consistent with state laws that permit and require the expenditure of public funds for public
purposes, the City hereby adopts the following policy and guidelines to provide assistance and
clarification to officials and employees for determinations of when public funds may be spent.
The over-riding principle is that public funds must be spent for a public purpose. The City
Council recognizes that the determination of a valid public purpose is an evolving concept that is
somewhat subjective. This policy is designed to offer guidance as to what is appropriate. The
City Council authorizes the City Administrator to establish additional administrative policies and
procedures and to interpret appropriate use of public funds consistent with this policy and
guidelines.
SECTION 9-2 DEFINITIONS
Public Purpose Expenditure - An expenditure of funds related to the purpose for which the
City exists, including the mission, goals, functions, and responsibilities of elected and appointed
officials, employees and other City representatives.
Employee — For purposes of this policy, the word `employee' shall include all employees,
elected officials, and appointed officials.
SECTION 9-3 PUBLIC PURPOSE GUIDELINES
The City has determined that the following expenditures are valid expenditures and serve a
public purpose.
A. Training and development programs for elected officials, appointed officials, and
employees serve a public purpose when those training and development programs
are related to the employee's job performance and to the City's programs and
services.
B. Payment of employee work-related expenses, including travel, lodging, telephone,
and meal expenses serve a public purpose when those expenses are incurred by
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employees in connection with their official duties or work assignments. Those
expenses must directly relate to the of the City's governmental functions.
C. Safety, health, and wellness programs for Otsego employees serve a public
purpose because they result in healthier and more productive employees and
reduce certain costs to the City and taxpayers, including various costs related to
worker's compensation, health insurance premiums, disability benefit claims, and
lost time due to employee absences.
D. Employee recognition and appreciation awards and events. Higher employee
morale allows the City to provide efficient and cost-effective services. Public
expenditures to recognize contributions made by employees are part of an overall
compensation program offered to employees for work performed. It serves a
public purpose because formally recognizing employees who make contributions
and demonstrate their commitment during the performance of their duties results
in higher morale and increased employee cooperation, understanding and
productivity and therefore assists the City in providing efficient and cost-effective
services to its citizens. Including all employees in events to recognize service and
commitment encourages other employees to work harder and make additional
contributions and builds greater teamwork among employees in different
departments. The City has adopted a separate Employee and Volunteer
Recognition Program Policy.
These types of events are an integral part of the City's employee compensation
program and are directly related to employee satisfaction, which in turn leads to
greater productivity and enhanced service to the community.
F. Community and customer outreach activities serve a public purpose when those
expenditures are necessary to ensure efficient operation of the City's programs or
services, promote City resources, or to promote cooperative activities between the
City and the private sector or other public sector jurisdictions for the benefit of the
public.
G. Public expenditures for food and refreshments associated with official City
functions, employee training, and meetings to discuss City business serve a public
purpose when the provision of food or refreshments helps to ensure meaningful
participation by those attending. These functions serve a public purpose to receive
or provide information of concern to the City, recognize individuals for their
service to the City, or provide a forum to discuss City business. These meetings
should be limited to meetings where the primary purpose is to discuss City
business.
H. Expenditures for membership in professional and community organizations and
attendance at meetings and professional conferences serve a public purpose by
keeping employees informed of state and federal laws and proposed legislation,
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rules, regulations, court and arbitration decisions, risk management, effective
employee relations strategies and issues, availability of grants and other funding
sources, community concerns, and public-private partnership opportunities that
are directly related to the performance of city -related governmental functions and
to the service provided to the residents.
I. Expenditures for educational reimbursement serve a public purpose when the
coursework is directly related to the job duties or performance needs of the
employee and therefore improve the knowledge, skills, and abilities needed to
provide effective and efficient services to the residents.
J. Public expenditures for volunteer recognition serve a public purpose because
formally recognizing volunteers who contribute their time and expertise promotes
a positive relationship with the community and encourages volunteerism.
Increased volunteerism increases the City's ability to provide cost-effective
services to the community.
SECTION 10 - EMPLOYEE RESPONSIBILITY
SECTION 10-1 GENERAL
10-1.1 Efficient and effective delivery of municipal services requires active effort and
cooperation between City employees and the general public. It is particularly important
that all work undertaken by City employees be accomplished expeditiously, efficiently,
and economically. To reach this goal, the establishment of rules for employee conduct
and responsibility are required.
10-1.2 It shall be the responsibility of all employees to:
A. Perform their assigned duties and responsibilities to the best of their ability at all
times, and to continually strive to improve their performance.
B. Render prompt, friendly, and courteous service to the public at all times.
C. Read, understand, and comply with the rules and regulations as set forth in the
personnel policy, administrative regulations, and departmental rules.
D. Conduct themselves with decorum and respond to inquiries and information with
patience and every possible courtesy.
E. Report all unsafe conditions and injuries to their supervisor and file the
appropriate accident or injury related reports immediately.
F. Recommend ideas for improving City services or methods of achieving greater
efficiency or economy.
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SECTION 10-2 CITY-WIDE WORK RULES AND CODE OF CONDUCT
10-2.1 Appearance:
Departments may establish dress and uniform requirements for employees as part of
departmental rules. Overall, personal appearance should be appropriate to the nature of the work
and contacts with other people and should instill confidence and present a positive image to the
public. The City Administrator may designate certain days as "Casual Days" for non -uniformed
employees, where employees may dress more casually than the typical work day.
10-2.2 Attendance:
The operations and standards of service in the City require that employees be at work unless
compelling reasons warrant absence. Absence and tardiness records reflect an employee's
responsibility to his/her job and to fellow employees. These records have a direct affect on
employment status and progress. In order that a team functions efficiently and effectively,
employees must be present. Attendance is an essential requirement of every City position. Abuse
of this policy shall be grounds for disciplinary action (see Discipline Policy section 12).
10-2.3 Absence Procedure:
A. Employees who are absent from work are required to notify their supervisor as
soon as possible in advance of their absence. In case of unexpected absence,
employees should call their supervisor before the scheduled starting time.
B. Every effort should be made to contact the supervisor directly. However, if the
supervisor is not available at the time, the employee should leave a message for
the supervisor, or his/her designee, including a telephone number where the
employee can be reached. Departments may establish more specific reporting
procedures.
C. The employee must call the supervisor on each day of an absence extending
beyond one (1) day unless specific arrangements otherwise have been made with
the supervisor.
D. Employees who are absent for three (3) days or more and who do not report their
absence in accordance with the policy above, will be considered to have
voluntarily resigned not in good standing. The City Administrator may waive this
rule if, in his/her judgment, extenuating circumstances warrant such behavior.
This policy does not preclude a supervisor from administering discipline for
unexcused absences of less than three (3) days.
E. Any unapproved extended absence can be deemed a voluntary resignation.
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SECTION 10-3 CONFLICT OF INTEREST
10-3.1 The credibility of local government rests heavily upon the confidence that citizens have
in public employees to render fair and impartial services to all without regard to personal
interest or political influence. The delivery of public services to our citizens requires that
City employees scrupulously avoid any activity that suggests a conflict of interest
between their private interest and City responsibilities.
City employees shall not engage or have financial interest in any business or other
activity that could reasonably lead to a conflict of interest with the employee's primary
City responsibilities. Employees shall disclose any interest family members may have
which could give the appearance of a conflict of interest at the time the conflict appears.
10-3.2 "Family members" shall be deemed to be the spouse, parents, children, and siblings of
employees or their spouse and the lineal descendants of any of those family members.
Once disclosed, the City Council and City Administrator will exercise due diligence to
ensure such family members are not provided preferential treatment because of their
relationship to an employee or member of the City Council.
10-3.3 Examples of activities that are covered by this policy include, but are not limited to:
1) Having an interest in any business which has contracts or other direct financial
dealings with the City;
2) Activities which require the employee to interpret City Codes, ordinances or
regulations when such activity involves matters with which the employee has
business or family ties;
3) Consulting activities carried out within the City if such consulting involves talents
or skills primarily related to the employee's City work responsibilities.
10-3.4 Any employee, elected official, or appointed official engaging in any activity involving
either an actual or potential conflict of interest or having knowledge of such activity by
another employee shall promptly report the same to the City Administrator. The City
Administrator shall investigate the matter and make a determination as to whether or not
an actual or potential conflict exists.
10-3.5 If the City Administrator determines a conflict exists, appropriate actions will be taken to
end the conflict. These actions could include: discontinuing or not awarding a contract
with an employee, council member, or family member's business; terminating the
conflicting activity; or termination of employment. The City will consider whether the
best interest of the City is served by doing business with the employee's family member
where other options are not available, not practical, or are more costly.
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SECTION 10-4 RECEIPT OR SOLICITATION OF GIFTS
10-4.1 No employee, elected official, or appointed official shall receive or solicit any gift from
any person, business, or organization having any business, administrative, legislative,
contractual, or any other relationship with the City if the gift could be perceived to, or
could influence, actions of an official nature. A gift is any money, tangible or intangible
personal property, food, beverage, loan, promise, service or entertainment exceeding
$10.00, or such amount as may be set by state statute.
10-4.2 Rendering of consideration. No person seeking employment to or promotion in the
municipal service shall either directly or indirectly give, render, or pay any money,
service, or other valuable consideration to any person, or on account of or in connection
with the test, appointment, or promotion, or proposed appointment or promotion.
SECTION 10-5 POLITICAL ACTIVITY
Although City employees have the right to express their views and to pursue legitimate
involvement in the political system, no employee of the City shall directly or indirectly, during
hours of employment, solicit or receive funds for political purposes or engage in political
activities on City time or City premises.
SECTION 11 - HARASSMENT
SECTION 11-1 GENERAL
11-1.1 The City is committed to creating and maintaining a work environment free from all
forms of harassment and discrimination. Such harassment is a violation of Title VII of the
Civil Rights Act of 1964 and the Minnesota Human Rights Act.
11-1.2 This policy applies to all officials and employees of the City, including temporary and
seasonal, paid -on-call, volunteers, and elected and appointed officials.
11-1.3 Harassment of any person because of race, creed, color, religion, national origin, sex, age,
marital status, disability, sexual orientation, status as transgender, status with regard to
public assistance, familial status, membership or activity in a local commission, or
political opinions or affiliations is unlawful. This policy statement is intended to make all
employees sensitive to the matter of harassment, to specifically express the City's strong
disapproval of unlawful harassment, to advise employees of their behavioral obligations,
and to inform them of their rights.
11-1.4 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.
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11-1.5 Management has the obligation to provide an environment free of harassment. The City is
obligated to prevent and correct unlawful harassment in a manner that does not abridge
the rights of the accused. To accomplish this task, the cooperation of all employees is
required.
11-1.6 The City recognizes the need to educate its employees on the subject of 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.
SECTION 11-2 SEXUAL HARASSMENT
11-2.1 Definition of Sexual Harassment:
Because sexual harassment is sometimes difficult for employees to recognize, the
following definition is provided (based on excerpts from Minnesota Statutes):
Sexual harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact, or other verbal or physical conduct or
communication of a sexual nature, when:
1) submission to the conduct or communication is made a term or condition, either
explicitly or implicitly, of an individual's employment,
2) submission to or rejection of that conduct or communication by an individual is
used as a factor in decisions affecting that individual's employment, or
3) that conduct or communication has the purpose or effect of substantially
interfering with an individual's employment or creating an intimidating, hostile, or
offensive work environment.
11-2.2 Examples of Inappropriate Conduct:
Examples include but are not limited to:
unwanted physical contact (including touching, gestures, assault,
impeding or blocking movement), unwelcome sexual jokes or
comments; sexually explicit posters or pinups, letters, poems, graffiti,
cartoons, or drawings, repeated and unwelcome requests for dates or
sexual favors, unwelcome sexual advances or any indication,
expressed or implied, that job security or any other condition of
employment depends on submission to or rejection of unwelcome
sexual requests or behavior.
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In summary, sexual harassment is the unwanted, unwelcomed, and repeated action of an
individual against another individual, using sexual overtones as a means of creating
discomfort.
11-2.3 Reporting and Investigation Requirements:
Any employee who feels he or she is being subjected to or has witnessed harassment in
any form, must contact his or her supervisor, or the department head. If allegations are
brought against a supervisor or department head, such allegations are to be brought
directly to the City Administrator. If allegations are made against the City Administrator
or any elected official they shall be brought to the City Council through the Mayor or a
member of the Council who is not the subject of said allegations.
11-2.4 All supervisors are required to report immediately any allegation to the department head
and City Administrator. Only persons with a need to know of the allegation or its
resolution will be made aware of the issue.
11-2.5 In addition to notifying one of the above persons and stating the nature of the harassment,
the employee is also urged to take the following steps:
1) make it clear to the harasser that the conduct is unwelcome and document that
conversation;
2) document the occurrences of harassment;
3) submit the documented complaints to their supervisor. The City urges the
employee to put the complaint in writing;
4) document any further harassment or reprisals that occur after the complaint is
made.
Any complaints that are made will be investigated in a timely fashion. The City will, in
all cases, take action to correct any reported harassment to the extent evidence is
available to verify the alleged harassment and any related retaliation. Each situation will
be evaluated on a case-by-case basis depending on the severity and the circumstances
involved.
All employees shall cooperate in any investigation of such a complaint. If the facts
support the allegations, the perpetrator of the sexual harassment will be subject to
disciplinary action. Any employee found to have made a false complaint of sexual
harassment or found to have given knowingly false information during an investigation of
such a complaint will also be subject to disciplinary action.
11-2.6 Strict confidentiality is not possible in all cases of harassment as the accused has the right
to answer charges made against them, particularly if discipline is a possible outcome.
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Reasonable efforts will be made to respect the confidentiality of the individuals involved,
to the extent possible. A record of the complaint and the findings will become a part of
the complaint investigation record and the file will be maintained separately from the
employee's personnel file.
11-2.7 Reprisal:
Employees have the right to raise the issue of harassment and to file complaints with
respect to such harassment without reprisal. Any action intended to intimidate, retaliate
against, harass, or disadvantage any person because the person has: opposed harassment;
reported or complained of harassment; or testified, assisted, or participated in any
investigation, proceeding, or hearing, under this harassment policy or otherwise, is
considered a reprisal.
Reprisal includes, but is not limited to, the following actions:
1) refusal to hire or promote the person;
2) departure from any customary employment practice to which the employee would
have otherwise been entitled;
3) transferring or assigning the person to a lesser position in terms of wages, hours,
job classification, job security or other employment status; or
4) informing another employer that the person has reported harassment.
SECTION 12 DISCIPLINE
SECTION 12-1 GENERAL
12-1.1 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. Supervisors are responsible for maintaining compliance
with City standards of employee conduct. The City reserves the right to use discretion in
applying this policy as circumstances warrant.
12-1.2 The reporting of misconduct and prevention of the escalation of misconduct are areas that
demand all employees to exercise courage, integrity, and decisiveness. When a non -
supervisory employee becomes aware of possible misconduct by another City employee,
the employee shall immediately notify a supervisor.
12-1.3 Furthermore, an employee who observes serious misconduct shall take appropriate action
to cause the misconduct to immediately cease. The fact that a supervisor is present and
not taking appropriate action to stop the serious misconduct does not relieve other
employees present from taking appropriate action.
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12-1.4 It is the policy of the City to administer discipline without discrimination. The
department head or City Administrator shall investigate any allegation on which
disciplinary action might be based before any disciplinary action is taken.
SECTION 12-2 WORK RULE OFFENSES
12-2.1 Specific reasons for discipline and dismissal are too numerous to describe in total in these
policies. The following list describes offenses for which employees may be subject to
discipline. The list is not intended to include all possible reasons for discipline. Lack
of a specific listing of reason shall in no way limit the City from taking action
deemed appropriate for a specific offense.
Negligence or carelessness in the performance of a duty, such as in the handling
or control of municipal property, equipment, or funds.
Offensive or inappropriate conduct or language toward City employees or other
persons.
Violation of any provisions of this policy, ordinances, order of the City Council or
City Administrator, or adopted Council or Administrative Policy.
Inappropriate acceptance of fees, gifts, or other benefit in the course of the
employee's work.
Lack of competence or efficiency in performance of duties.
Failure to obey any lawful and reasonable direction given by an employee's
supervisor, City Administrator, or City Council.
Conviction of a crime that affects or relates to the performance of assigned duties
or otherwise brings discredit or reflects negatively upon the City.
Conviction of a felony, or a misdemeanor involving moral turpitude, while an
employee of the City.
Off-duty conduct that is potentially damaging to the reputation of the City.
Using, threatening, or attempting to use the political influence or unethical
pressure, to influence a promotion, leave, transfer, absence, increased
compensation, other benefit, or any other matter in which the employee has an
interest. Unethical pressure shall include offers of gifts or other special benefits,
coercion, collusion, threats of blackmail, requests for favoritism, and use of unfair
advantage.
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Violating the City's Drug-free Workplace Policy or Drug and Alcohol Testing
Policy for Commercial Drivers.
Excessive tardiness, excessive absences, unapproved absences, or abuse of leave
privileges.
Theft or intentional destruction of City property or another employee's property.
Violation of the City's Harassment Policy.
Engaging in actions constituting a conflict of interest.
Dishonesty in the employee's performance of duties, or making any false
statements or material omissions in any matter relating to the employee's duties or
employment, including employment and promotion applications and work
undertaken in the scope of employment.
Acting or failing to act in a manner otherwise specified that tends to lower
discipline or morale among City employees, brings or tends to bring discredit to
the City, its elected officials or employees, or that adversely affects the City.
Speech that is protected by the First Amendment of the U.S. Constitution shall not
be a basis for discipline.
Failure to report an accident to a supervisor as soon as possible upon occurrence.
Unauthorized personal use of city vehicles, property or equipment.
Making a false complaint of harassment or found to have given knowingly false
information during any workplace investigation.
Gross neglect of duty.
Immoral or indecent conduct while on duty.
Intentional falsification of personnel records, time reports, City records, or
reports.
Intentional destruction or removal of City records or documents in violation of the
data retention schedule.
Sleeping on the job during paid work hours.
Intentional or careless conduct endangering the safety of other employees,
including provoking or instigating a fight during work hours or on the City
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premises.
Inducing or attempting to induce any employee in the service of the City to
commit an unlawful act or to act in violation of any lawful departmental or
official policy, regulation, or order.
Abusive, threatening, or coercive treatment of another employee or the public on
employer's time or premises.
Failure to perform required duties or responsibilities in a satisfactory manner.
Soliciting political contributions from municipal employees and engaging in
political activities on or with City property or on City time.
Failure to fulfill employee responsibilities as outlined in this manual especially
those detailed in Citywide Work Rules and Code of Conduct, section 10-2.
Violation of a safety rule or safety practice.
Absence from work without prior approval in accordance with this policy or
failure to report for work without giving the supervisor or his/her designee earliest
possible notice of such absence.
Violation of departmental policies, procedures, or rules.
Horseplay - actions adversely affecting safety of normal operations of the
department or other employees.
Release of confidential or private data to a person or person who are not eligible
to have access to the data.
Failing to start work at designated time, abuse of break or meal periods, quitting
work before the proper time or leaving employer's premises during working hours
without authorization from the supervisor or other misuse of work time.
Smoking or using tobacco in posted or unauthorized areas. All City properties,
including parks, are smoke and tobacco free. All city vehicles are also smoke and
tobacco free. Tobacco use includes, but is not limited to, smoking, chewing, and
vaping.
Vending, soliciting, or collecting contributions on the employer's time or premises
without prior authorization from the City Administrator.
Spreading negative rumors about other employees.
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Treating other employees in an unprofessional or disrespectful manner including
making hurtful, disparaging, or cutting remarks. Instructive comments and
suggestions for improvement are encouraged provided they are given in a
positive, constructive manner.
Violation of Vehicle Use Policy.
12-2.2 It shall be the policy of the City to administer disciplinary action uniformly and without
discrimination. Discipline will be based upon the nature and severity of the infraction and
the conditions surrounding the incident. The City is an "at -will" employer. Nothing in
this article or these personnel policies implies that any City employee has a property right
to the job they perform.
SECTION 12-3 PROCESS
12-3.1 The City may elect to use progressive discipline with any employee, at the City's option.
There are circumstances that warrant deviation from the suggested order or where
progressive discipline is not appropriate. Disciplinary letters will be placed in the
employee's personnel file.
The following are descriptions of the types of disciplinary actions:
12-3.2 Oral Reprimand:
This measure may be used where personal discussions have not resolved the matter. All
supervisors have the ability to issue oral reprimands without prior approval.
Oral reprimands are normally given for first infractions on minor offenses to clarify
expectations and put the employee on notice that the performance or behavior needs to
change, and what the change must be. The supervisor will document the oral reprimand
including date(s) and a summary of discussion and corrective action needed. The
supervisor shall place the documentation in the employee's personnel file.
12-3.3 Written Reprimand:
Written reprimands are more serious and normally follow oral reprimands when the
problem is not corrected or the behavior has not consistently improved given a reasonable
period of time for improvement. Certain infractions may require skipping either the oral
or written reprimand, or both. Written reprimands are issued by the supervisor upon prior
approval from the City Administrator.
A written reprimand will normally state the reason for the warning along with the policy,
directive, performance expectation, or other that was violated. It shall normally describe
actions taken by the supervisor to correct the problem, if applicable, including any
timetables or goals set for improvement.
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The reprimand will normally also indicate possible future disciplinary action that could
result if the problem continues or related problems occur. Written reprimands will be
placed in the employee's personnel file. The supervisor shall place the written reprimand
in the employee's personnel file.
12-3.4 Suspension:
The City Administrator may recommend suspension of an employee without pay for
disciplinary reasons. Suspension without pay may be followed with immediate dismissal
as deemed appropriate by the City Council in consultation with the City Attorney. There
may be some situations where suspension with pay or administrative leave with pay will
be allowed by the City Administrator or City Council.
The employee will be notified in writing of the reason for the suspension either prior to
the suspension or shortly thereafter. This letter should include a statement outlining
further disciplinary action should the problem continue or re -occur. A copy of the letter
of suspension will 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 the investigation, any related written documents will be
removed from the personnel file and the employee shall receive any compensation and
benefits due had the suspension not taken place.
There may be circumstances where an employee will be sent home immediately by the
department head or City Administrator when an employee's behavior violates the
Personnel Policies, department policies, or otherwise constitutes serious misconduct.
Whether this will be paid or unpaid will be determined by the City.
12-3.5 Dismissal:
The City Council may dismiss an employee for any lawful reason. The City shall provide
written notice to that employee prior to taking final action regarding dismissal. The notice
shall contain the reasons for the dismissal, the employee's rights, and a statement of
veteran's appeal rights if a veteran. It shall also include a statement indicating that the
employee may respond to the charges both orally and in writing and that the employee
may appear personally before the City Administrator. Any relevant information presented
at this hearing will be considered along with all other relevant information already
collected in determining appropriate discipline.
If the disciplinary action involves the removal of a covered veteran, a hearing shall be
held in accordance with Minnesota Statutes Section 197.45. Removal of veterans may be
made only for incompetence or misconduct shown after a hearing with due notice
(Minnesota Statute Section 197.46). The City Administrator's decision regarding
dismissal will be brought to the City Council for consideration.
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SECTION 12-4 NOTICE OF REASONS FOR TERMINATION
An employee who has been involuntarily terminated may, within five working days following
such termination, request in writing that the City inform the employee of the reason for the
termination. Within five working days following receipt of such request, the City shall inform
the terminated employee in writing of the reason for the termination.
SECTION 12-5 REPORTS OF DISCIPLINARY ACTION
The City Council shall be promptly notified of all disciplinary action taken against an employee.
Proper record of written reprimands, notices of demotion, suspension, or discharge are to become
a part of the employee's personnel file. Employees subject to discipline will receive notices of
such discipline.
SECTION 13 - SAFETY
13-1.1 The City is required to follow Occupational Safety and Health Administration (OSHA)
Rules and Regulations, and expects employees to follow them also.
13-1.2 There is an Employee -Management Safety Committee within the organization whose
members are either selected by their represented group or appointed by the City
Administrator.
13-1.3 Safety procedures and policies are outlined in the Safety Manual and made a part of this
Policy Manual.
SECTION 14 - DRUG AND ALCOHOL USE
The City is a drug-free Workplace. In addition, as mandated by applicable state and federal laws,
all City employees whose job duties require operating a commercial motor vehicle and who are
required to hold a commercial driver's license (CDL) shall be subject to the City's Drug and
Alcohol Testing Policy for Commercial Drivers. Both policies are made part of these policies.
SECTION 15 - POLICY PROHIBITING EMPLOYEE
POSSESSION OF FIREARMS
15-1.1 The City prohibits all employees from carrying or possessing firearms while acting in the
course and scope of employment for the City. The possession or carrying of a firearm by
employees is prohibited while working on City property or while working in any location
on behalf of the City. This includes, but is not limited to:
Driving a vehicle for City business;
Riding in a car or in any type of mass transit while on City business;
Working at any City building;
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Working off-site on behalf of the City;
Performing emergency on-call work after normal business hours and on
weekends;
Working at private residences and businesses on behalf of the City;
Attending training, meetings, or conferences on behalf of the City.
15-1.2 An exception to this policy is that City employees may carry and possess firearms in
City -owned parking areas if they are not working on behalf of the City and have the
proper permit. Therefore, employees who must drive their personal vehicles on City
business must lock their firearm in their trunk before using their vehicle for City business
and leave it in their locked trunk until the City business is completed.
15-1.3 When responding to on-call work from home after regular hours, an employee is
prohibited from bringing a firearm in their private vehicles unless the vehicle remains in a
parking lot and is not needed in order to respond to the call. No firearms will be allowed
in City vehicles since City vehicles are only to be used for City business.
15-1.4 Violations of this policy are considered a major work infraction and are subject to
disciplinary action in accordance with the City's discipline procedures policy.
SECTION 16 - CONFIDENTIALITY/DATA PRACTICES
SECTION 16-1 DATA PRACTICES ADVISORY
During the course of employment, the City will require employees to provide data that is
classified by state law as either private or confidential.
Private data is information that generally cannot be given to the public but can be given to the
subject of the data. Confidential data is information that generally cannot be given to the public
or the subject of the data.
The City requests this information for various reasons pertaining to employment with the City.
The information provided may be used to process pay and benefits, evaluate performance,
determine pay increases, evaluate suitability for an employee's position or other positions,
determine whether disciplinary action will be imposed, and other personnel actions which
involve review of the employee's current and past performance.
Employees who provide false, incomplete, or misleading information may be subject to
discipline, up to and including the possibility of dismissal.
Employees may not be required to provide the information requested. However, the City may
choose to require the information at any time. If required, employees will be provided with
another advisory explaining that the information is required and the consequences of refusal.
Other persons or entities, if authorized by law, may receive the requested information.
Depending on the data requested, these persons or entities may be:
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employees and/or officials of the City who have a need to know the information
in the course of their duties and responsibilities;
the person who is the subject of private data about him or herself,
persons who have permission from the subject of the data;
insurance companies providing group benefits,
worker's compensation administrative services,
pre-employment, return to work and fitness for duty medical exams or drug and
alcohol testing services for the City;
a public pension program;
the Minnesota Department of Employment and Economic Development in a claim
for or appeal for re-employment benefits;
individuals who have obtained a court order for the information; and/or
participants in any litigation, mediation, veteran's preference hearing, grievance
arbitration, or other administrative proceeding which results from actions taken.
If litigation arises, the information may be provided in documents filed with the court, which are
available to any member of the public. If it is reasonably necessary to discuss this information at
a City Council meeting, it will be available to members of the public.
To the extent that some or all of the information is part of the basis for a final decision on
disciplinary action, that information will become available to any member of the public.
SECTION 16-2 TYPES OF DATA
Public Data: Data about a person that must be shown to the person, if he/she wishes and that is
available to other people.
Private Data: Data about a person that must be shown to the person upon request, but are not
available to others without his/her permission or as otherwise specifically authorized by law.
Personnel Data: Data on individuals collected because the individual is or was an employee or
an applicant for employment, performs service on a voluntary basis, or acts as an independent
contractor with the City.
Summary Data: Statistical records and reports derived from data on individuals but in which
individuals are not identified and from which neither their identities nor any other characteristic
that could uniquely identify an individual is ascertainable.
SECTION 16-3 PUBLIC PERSONNEL DATA
16-3.1 Employee Personnel Data:
Except for certain employees (i.e. undercover law enforcement personnel) the following
personnel data is public:
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1. name
2. gross salary
3. salary range
4. gross pension
5. contract fee
6. benefits
7. expense reimbursements
8. job title
9. job description
10. education and training background
11. previous work experience
12. dates of employment (first and last)
13. status of complaints or charges against employees
14. outcome of complaints -disciplinary action
15. work location
16. work telephone number
17. badge number
16-3.2 Public Data on Applicants for Employment:
The following personnel data are considered public data:
1. veteran status
2. test scores
3. rank and eligibility
4. job history
5. education and training
6. work availability
7. name considered private data except when certified as eligible for an appointment
to a vacancy or considered as one of the "finalists."
16-3.3 Private Personnel Data:
The following personnel data and information are considered private data on individuals
and are not accessible to the public but this data is accessible to the subject employee, the
employee's authorized representative, the immediate supervisor and department head,
and other city staff persons or officials who have a legitimate need to view such data as
determined by the City Administrator or his/her designee.
1. Social Security number
2. age, gender
3. marital and family status
4. employee home address and telephone numbers
5. criminal records
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6. race and ethnic data
7. insurance status
8. references
9. college transcripts (except for name of institution, degree granted, and date)
10. reference check data
11. medical records when part of personnel data
12. psychological evaluations
13. worker's compensation reports
14. physical limitations related to the job
15. sick leave forms - doctor's reports
16. data collected from disciplinary proceedings prior to a hearing
17. opinion questionnaire response by potential employee
18. names of applicants for employment until certified as eligible for appointment to a
vacancy.
19. employee assistance programs and exit interview responses
No employee may disclose the home address, telephone number, or personal information
about another employee to any third party without prior consent of the affected employee,
as per Section on "Informed Consent."
Employment selection instruments and/or answer keys to such instruments are protected
non-public data, except pursuant to a valid court order.
SECTION 16-4 ACCESS TO DATA
16-4.1 Public Data:
Access shall be provided to any person, without regard to the nature of the person's
interest. Access must be approved by the City Administrator or other persons authorized
by the City Administrator. Access must be provided within a reasonable time.
Interpretation shall be provided if requested. A fee may be charged, as allowed by law,
reflecting time to collect or retrieve the information, paper costs, mailing costs,
duplicating costs, etc.
16-4.2 Private Data:
Access is available to the following only:
1. The subject of the data.
2. Individuals whose work assignments with the City reasonably require access.
3. Entities and agencies determined by the City Administrator to be authorized by
state or federal law to gain access to that specific data.
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4. Entities or individuals given access by the express written direction of the subject.
The City Administrator shall assure that access is provided only to the parties listed
above. The identity and authority of an individual who seeks to gain access to private
data must be confirmed. The time that access is available is limited to the normal working
hours of the City Hall offices. No fees shall be charged in the instances where the data
subject only wishes to view private data. Fees may be charged for providing copies.
SECTION 16-5 GENERAL CONTENTS OF PERSONNEL FILES
16-5.1 The following information shall routinely be included in an employee's personnel file:
1. data collected for administrative purposes such as job applications, resumes,
change of address forms, training or education records, veteran's certification, etc.
Documents containing medical information are retained in a separate medical file.
2. documentation of personnel actions or activities such as salary changes, job
classifications, performance reviews, termination notices, and disciplinary
actions.
3. official written correspondence to or from an employee.
4. documentation of employment status and benefit status, the latter only if it does
not contain any medical information. Appropriate medical information will be
retained separately in an employee medical file.
16-5.2 Employees will not be specifically notified each time such data are routinely entered into
their file, except that employees shall be made aware of data entered into their file that
relates to discipline or may have adverse impact on them. Employees may request to
view and receive copies of information in their file as per section 16-4, "Access to Data."
16-5.3 Personnel files will be maintained by the Human Resources Department. Any documents
added or removed from the files must be approved by the City Administrator. The City
Administrator may delegate the authority to add routine and non -controversial documents
(such as job applications, employment confirmation letters, status change forms, etc.) to
other employees as appropriate. Such employees shall be trained on this policy.
SECTION 16-6 TAPE RECORDING POLICY
Inter -staff communications shall not be tape-recorded in any form unless all parties to the
communication consent. This is necessary to protect the regulation and dissemination of
confidential, private, and non-public data as defined in the Minnesota Government Data
Practices Act; promote harmony in the work place; diminish the impediment of each employee's
ability to perform his or her duties; and promote an environment with a free-flow exchange of
ideas.
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In the event a tape recording is created, the City Administrator shall immediately receive, keep,
and maintain the tape recording and shall regulate the dissemination of the information in
accordance with the Minnesota Government Data Practices Act.
SECTION 16-7 INFORMED CONSENT
16-7.1 Private data on individuals may be used by and given to any individual or persons by the
City Administrator, or other bonafide representative of the City, if the individual subject
or subjects of the data have given their informed consent. All informed consents:
1. Shall be in writing and stated in plain language.
2 Shall be signed and dated.
3. Shall specifically designate the particular persons or agencies the data subject has
authorized to disclose information about him or her.
4. Shall specifically state the nature of the information authorized to be disclosed.
5. Shall specifically state the persons or entities authorized to receive the disclosed
information.
6. Shall specifically list an expiration date not to exceed one year except in the case
of authorization for application for life insurance or non -cancelable or guaranteed
renewable health insurance (which shall be two years).
7. Shall specifically state the purpose for which the information may be used by the
parties named above.
16-7.2 If the City Administrator or approved designee makes reasonable efforts to obtain the
informed consent of a data subject and if those efforts are not acknowledged in any way,
the City Administrator or approved designee shall interpret the silence of the data subject
as the giving of implied consent to the new or different purpose or use of the data.
16-7.3 "Reasonable efforts" are defined as:
1. Depositing in the U.S. Mail, postage pre -paid, and directed to the last known
address of the data subject, at least two (2) communications requesting informed
consent.
2. Waiting for a period of not less than sixty (60) days for a response to the second
request.
SECTION 16-8 SECURITY OF PERSONNEL DATA
16-8.1 The City authorizes the City Administrator or designee, and the individual responsible for
the City's payroll function to maintain custody over all personnel records. The final
authority over personnel records is the City Administrator, and as such, retains overall
authority to add or remove items from personnel and related employee files. The City
Administrator may authorize those designated to maintain custody to add or remove files.
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16-8.2 All records containing non-public personnel data shall remain in one or more locked
filing cabinets, or other locked storage facility, with keys strictly limited to those
designated to maintain custody. Others authorized to review personnel records, such as
the subject of the data, or as described above under "Access to Data, Private Data," shall
be required to view the contents of such files in the presence of authorized staff. No
access to keys securing the information may be provided to anyone not authorized to
maintain custody. All keys must be properly secured at all times to prevent improper
access to files.
16-8.3 Personnel files shall not be removed from City Hall. Copies of file contents may be
removed from City Hall only by individuals authorized to have access to those records,
consistent with the Minnesota Government Data Practices Act and this policy.
Unauthorized release of private and/or confidential personnel data shall be subject to
immediate discipline, up to and including terminated.
SECTION 16-9 SUPERVISORY FILES
16-9.1 Information about employees maintained by supervisors is considered personnel data
under state law and must be maintained in a locked area by supervisors. Supervisors
may not maintain medical information on employees.
16-9.2 Types of data maintained by supervisors shall be limited to that authorized by the City
Administrator. Examples of personnel data supervisors are authorized to maintain
include:
1. personal time off slips and other time -related records,
2. notes from supervisory coaching and counseling sessions,
3. notes on performance concerns or work rules discussed with employees,
4. notes on employee accomplishments,
5. copies of disciplinary and performance -related correspondence. Copies of
disciplinary letters may be maintained in supervisory files after ensuring a copy
has been confidentially forwarded for inclusion in the employee's official
personnel file.
16-9.3 All original City applications and related hiring documentation, performance evaluations,
reference information, doctor's slips and other medical information about employees
must be submitted to the City Administrator. The City Administrator will decide what
documents will be maintained in City personnel files, consistent with this policy. The
personnel files maintained by the City Administrator and authorized Human Resources
Department staff are considered the official City Personnel files.
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SECTION 17 - SEPARATIONS
SECTION 17-1 RESIGNATIONS
Employees wishing to leave the City service in good standing shall provide a written resignation
notice to their department head, at least ten (10) working days before leaving (thirty (3 0)
calendar days for exempt employees).
The written resignation must state the effective date of their resignation. Failure to comply with
this procedure may be considered cause for denying such employees future employment with the
City.
SECTION 17-2 SEVERANCE PAY
There is no obligation for the City to pay to employees any unused accrued PTO at the time City
employment terminates. All benefit earning employees that the City determines, at its sole
discretion, to pay for unused accrued PTO who leave the City employment by retirement,
resignation, lay off or for any other reason may receive pay for up to 100 percent of unused
accrued PTO only upon receipt by the City of a fully executed waiver of claims in form
approved by the City, and only after all applicable periods of reconsideration or rescission
contained within the approved waiver have passed.
SECTION 17-3 CITY PROPERTY AND SERVICES
All City -owned and City -leased property, such as computers, cellphones, and vehicles shall
remain the property of the City and shall be returned to the City upon the termination of
employment. Any services paid for by the City, such as the employee's City e-mail account, will
be closed and the employee should not continue to use such a service. Using or possessing either
City property or services after termination of employment may result in fees related to the use or
possession.
SECTION 18 - MEDIA CONTACUPRESS RELEASES
18-1.1 Formal news releases concerning municipal affairs shall be the responsibility of the City
Administrator's office. All media interviews must normally be approved by the City
Administrator before the interview. All contacts with the media should be reported to the
City Administrator as soon as practicable.
18-1.2 All news releases concerning City personnel shall be the responsibility of the City
Administrator. City employees are not authorized to speak on behalf of the City without
prior authorization from the City Administrator or Mayor.
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SECTION 19 - PERSONAL TELEPHONE CALLS
19-1.1 Personal telephone calls shall be made or received only when necessary when they do
not interfere with working operations and should be completed as quickly as possible.
19-1.2 Any personal long distance call costs shall be paid for by the employee.
SECTION 20 - CELLULAR TELEPHONE/DATA DEVICE USAGE
20-1.1 This policy is intended to regulate the use of City -owned cellphones within reasonable,
practical parameters.
The City will benefit by extending the hours essential employees are available for
consultation through the use of cellphones.
20-1.2 This policy will apply to all City employees using or having access to City -owned
cellphones and/or data devices.
20-1.3 The following guidelines are established for the use of City -owned cellphones:
1. Cellphones are intended to be used to increase the efficiency and effectiveness of
the services provided by the City. As such, each employee using a cellphone
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 as determination, employees must consider the cost of using the cellphone in
comparison with the cost and practicality of locating a customary telephone.
2. 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. It is the
position of the City that it is less expensive to allow these types of phone calls
than to release an employee from a work site in order to make the call from a
customary telephone.
3. City employees having access to assigned City -owned cellphones may make
limited personal phone calls where service is free or when monthly minutes are
not exceeded. Reimbursement may be required if minutes used are excessive or
monthly minutes are exceeded. City employees who are assigned a take home
City -owned phone will agree to be accessible for City business when necessary
and practical after their regular work hours.
4. All cellphones 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
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necessary for work-related purposes. Any inappropriate use of phones may be
subject to discipline and any additional charges will be paid by the employee.
SECTION 21 - INTERNET/EMAIL
SECTION 21-1 GENERAL
This policy is intended to describe appropriate uses of City e-mail, voicemail, and internet
systems and consequences for inappropriate use. City e-mail, voicemail, and internet access is
provided for employees and supervisors to efficiently conduct City business. This policy applies
to all City employees, including temporary, seasonal, and part-time.
SECTION 21-2 APPROPRIATE USE DEFINED
21-2.1 These systems are not to be used for personal gain or to support or advocate for non -city -
related purposes. Personal use of the e-mail system is permitted on a limited basis, similar
to phone calls. Like personal phone calls, personal use should be infrequent, of limited
duration, and not in violation of any City policies, department work rules, or laws.
21-2.2 Certain internet sites should never be accessed using City equipment or on City time.
These include pornographic sites, non -work-related chat rooms, dating sites, sites
containing what would generally be considered objectionable material, or any other site
that would violate the sexual harassment policy or other personnel policies.
21-2.3 Other prohibited uses include solicitations of funds, political messages, and
correspondence which would circumvent the open meeting law, data practices act, or
human or civil rights acts.
21-2.4 While the City recognizes that the Internet contains a wealth of information that can and
is being put to good use in the City, we are aware that it is very easy to lose hours of
work time checking into web sites and researching information. Internet access, even for
legitimate research purposes should be limited to that which is reasonable and necessary.
SECTION 21-3 INTERNET USE EXPECTATIONS
1. City employees must remain professional while communicating online.
Employees must follow use guidelines, if a website has such guidelines.
2. Safeguard confidential and non-public information.
Use internet for work related research and communication purposes.
4. Do not send, access, or display text or graphics that would be a violation of the
Personnel Policies.
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5. Obey state and federal law and regulations especially when working with
copyright, licensed software use, and the sharing or creation of data.
6. Access only websites which are free to visit.
7. Downloading software off the internet is strictly prohibited without review and
approval from the IT staff. Always scan for viruses before opening downloads
and attachments.
8. City employees that have a computer at their workstation with access to the
internet may also use it outside their normal work hours to access the internet for
personal use, subject to appropriate use. See section "Appropriate Use Defined"
for more specific information.
SECTION 21-4 CONFIDENTIALITY AND SECURITY
21-4.1 While you may have a confidential password, remember that all City equipment and
software, including e-mail and voicemail is the property of the City. To ensure
appropriate use or to investigate complaints, the City has the right to monitor employees'
use of computers, including internet sites accessed, voicemails, and e-mails and to take
action when violations of this policy or other City policies occur.
SECTION 21-5 CONSEQUENCES OF MISUSE
Abuse of this policy will be grounds for discipline in accordance with section 12, Discipline.
Misuse of the Internet, e-mail, or voicemail can be grounds for dismissal, depending on the
circumstances.
SECTION 22 - CITY VEHICLE USE
SECTION 22-1 GENERAL
City vehicles are to be used only by City employees for official business. City vehicles may not
be used for personal business. All City vehicles shall have the City's logo prominently displayed
on the side door panels.
The following requirements apply to any employee driving a City vehicle:
A. Employees that drive or may be required to drive City vehicles and equipment are
responsible for maintaining a safe driving record and observing all traffic laws.
Employees and all passengers must wear a seat belt at all times when operating
any City vehicle. It is a violation of state law for drivers to hold a cellphone or
other communication device in their hand while operating a vehicle. Drivers may
not view videos, play games, or access a webpage while operating a vehicle. This
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law applies to all electric communication devices. Employees are responsible for
fines and fees if found violating state or federal laws.
B. Drivers must carry a current, valid driver's license that is adequate for the type of
vehicle being driven. An annual check of a driver's motor vehicle record will be
conducted and the City's insurance carrier will review the record for potential
liability. If an employee's record indicates a pattern of traffic violations that may
increase the City's liability disciplinary action up to and including discharge may
be taken.
C. Employees must ensure that the City vehicle is in good operating condition and
that all windows and lights are clean before operating the vehicle. When vehicles
are not in use or in a secured area they must have the keys removed. Vehicles
must be parked in the City garage after hours.
D. Gasoline for City vehicles must be obtained from the Public Works Department
facility. Mileage and gallons of fuel must be recorded after each refueling.
SECTION 22-2 VEHICLE ACCIDENTS
22-2.1 Any employee involved in an accident while driving a City vehicle must report the
accident at once to their supervisor. In severe accidents the employee must call 911 and
wait until the police arrive. The employee must collect all necessary information from
any other parties involved in the accident, including driver's license numbers, vehicle
license number, insurance information, address, phone, etc. The employee must not admit
liability and refer all legal questions to their supervisor and the City Administrator.
22-2.2 Any employee involved in an accident while driving a City vehicle must submit to a
Drug and Alcohol Test, as provided for in relevant provisions of the applicable City Drug
and Alcohol Testing Policy.
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e 1111ATJ __1 U__\_
I have read and understand the terms of the City of Otsego Personnel Policy dated ,
2020. I have been given the opportunity to ask any questions that I had regarding these Policies.
Employee Name (Please Print)
Employee Signature
Date
UPON COMPLETION, PLEASE RETURN THIS FORM
TO THE HUMAN RESOURCES DEPARTMENT.
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