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ITEM 3.8 Revised job descriptions1 TY OF Ot Cfgo HINNF�SOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT' REQUESTOR: MEETING DATE: Administration Lori Johnson, City Administrator December 9, 2013 PRESENTER(s): REVIEWED BY: ITEM M, Lori Johnson, City Administrator Andy MacArthur, City Attorney B. AGENDA ITEM DETAILS RECOMMENDATION: Recommend approval of the revised position descriptions for the Building Permit Technician, City Clerk and Administrative Services Director and the revised Personnel Manual. ARE YOU SEEKING APPROVAL OF A CONTRACT? No ISA PUBLIC HEARING REQUIRED? No BACKGROUND/JUSTIFICATION: In order to provide more efficient a n d effective service consistent with the City's Strategic Goal Assess the efficiency and effectiveness of City services, it is recommended that the City's organizational structure be modified to enhance operational support to the Building Safety Department. Currently, the Building Permit Technician reports to the City Clerk. Other than supervision of the Building Permit Technician, the City Clerk has no involvement in or in depth knowledge of the activities of the building safety department. However, the City Planner has frequent interaction with the Building Permit Technician and building inspectors and has knowledge of building permit processes and procedures. Therefore, itis recommended that the City Planner provide technical and work direction supervision to the Building Permit Technician. It is further recommended that the Director of Administrative Services provide administrative supervision to the Building Permit Technician because the City Planners limited hours at City Hall are not conducive to providing administrative supervision. To accommodate the supervision changes noted above, the position descriptions of the Building Permit Technician, City Clerk, and Administrative Services Director need to be revised as follows: 1. Building Permit Technician to remove City Clerk as supervisor and to add Administrative Services Director as administrative supervisor and City Planner as technical and work direction supervisor. 2. City Clerk to remove Building Permit Technician as a direct report. 3. Administrative Services Director to add administrative supervision of Building Permit Technician. Furthermore, the City Planner's contract was modified on November 12. In addition, the City's Personnel Policy (Policy) must be revised to allow contractual individuals to supervise employees. The attached Policy includes revised language from City Attorney Ardy MacArthur to facilitate that supervision relationship. Plus, several minor clerical errors were noted during review of the Policy and are corrected in the revised Policy; they do not affect the content or provisions of the Policy. Further, it is recommended that the language of, but not the intent or application of, the Holiday Leave in Section 6-2 be simplified to reflect work schedule and City Hall hour changes implemented this past year. The current language was added when employees worked different schedules including four ten hour days, four nine hour days and one four hour day, or five eight hour days. Now that employee schedules within departments are consistent, the Holiday Leave language can simply state that eligible employees receive leave for the holidays listed in the Policy. Again, the hours of leave do not change with the revision, but rather, the Policy is more clearly stated. As the City Attorney and I reviewed the Personnel Policy, it became very evident that the Policy is in need of revision and update. We strongly recommend that the Council consider undertaking a complete redraft of the Policy in 2014. It is imperative that the Policy reflect current State and Federal laws and City policy meets all personnel related requirements. SUPPORTING DOCUMENTS: X ci ATTACHED Ei NONE 0 Current and Revised Position Descriptions: City Clerk, Building Permit Technician, Administrative Services Director (redlined) 0 Redlined Copy of Proposed Revisions to the City of Otsego Personnel Policy POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve revised position descriptions for the City Clerk, Building Permit Technician, and Administrative Services Director and to approve the revised City of Otsego Personnel Policy as attached to this memo and further to direct staff to provide options to the Council for updating the Policy in 2014. BUDGET INFORMATION FUNDING: BUDGETED: YES N/A NO ACTION TAKEN ci APPROVED AS REQUESTED o DENIED oTABLED Ei OTHER (List changes) COMMENTS: C)tCITY OF ��O MINNESOTA g Position Description Position: Reports to: Supervises: PISA Status: Pay Grade: Date Approved. City Clerk City Administrator Special Licensing Cleric Exempt 13 December 9, 2013 DESCRIPTION OF WORK General Statement of Duties: Performs highly skilled administrative ' ff and stasupport work for the City Council and City Administrator; records Council and Commission meeting minutes, maintains official City Records, administers elections, processes licenses and nuisance codes, performs related duties as required. i Super vison Rec Works under the supervision of the City Administrator. Supervision Exercised: Special Licensing Clerk. MAJOR JOB FUNCTIONS 1. City Meetings: a. Attend all City Council and Planning Commission meetings; attend other City meetings as requested i. Record meetings as required ii. Prepare meeting minutes b. Prepare draft agenda and assemble agenda material after review by the City Administrator c. Assist in preparation and management of resolutions d. Notice meetings as required e. Publish ordinances and public hearings f. Obtain signatures on official documents and transmit as appropriate I 2. Maintain Official City Records: a. Maintain minute, ordinance, resolution, and City code books b. Develop, maintain, and oversee a citywide records retention and management system including policies, procedures, and retention schedule in accordance with state laws and guidelines c. Establish and maintain a filing system for City administrative records including active and inactive files d. Serve as custodian of official records including all ineeting minutes, ordinances, codes, resolutions, agreements, contracts, deeds, and plats e. Maintain electronic copy of official records and oversee administration of electronic file system f. Serves as City's data practices representative g, Advise staff and officials on release of documents and records under the data practices act 3. Elections: a. Coordinate, administer, and manage all local elections as required by law b. Hire and train election judges c. Accept affidavits of candidacy and financial reporting forms d. Prepare memos, correspondence, statements and other information using word processing and spreadsheet applications e. Research, analyze and report on special projects and create spreadsheets as requested f Create financial reports as requested g. Assist other departments in creating project/program spreadsheets and tracking and reporting project/program costs 4. Licenses: a. Conducts and oversees City license review and issuance processes b. Ensures all local and State requirements are met c. Oversees nuisance code enforcement and coordinates work with the City Planner/Zoning Administrator S. Administrative Support: a. Provides confidential administrative support for the City Council and City Administrator b. Draft correspondence and reports as needed c. Research records and ordinances to answer questions of the public, staff, or City Council d. Prepare written reports and make presentations to the City Council e. Prepares hearing notices for public hearings, improvement, and special assessinent projects i. Determines parties to notify ii. Publishes and posts notices f. Notarizes and certifies documents N g. Assists the it Administrator and City Council in other any as directed h, Purchase office supplies; recommend and oversee office equipment lease/purchase and maintenance 6. Supervision: a. Perform annual performance review for all department staff b. Ensure staff is adequately trained and department is cross trained c. Recommend discipline and pay increases d. Ensure staff attends safety training and follows safety procedures e. Assign works and ensures that it is done accurately and timely f. Interview and recommend staff 7. Budget: a. Prepare draft budget and supporting documentation for the election and administration departments b. Manage budget to ensure expenditures are within approved budget c. Follow all purchasing policies 8. Communications: a. Maintain City website i. Recommend changes and enhancements to the website ii. Control content posted to website iii. Keep website up-to-date with notices, agendas, meeting schedules, and other pertinent City information b. Assist with other communications as requested c. Manage voice mail and phone system 9. Policies and Procedures: a. Review administrative support operations and recommend changes to improve efficiency and work flow b. Establish and oversee policies, procedures and practices for Administrative Department support and Election Department functions c. Monitor, operations to ensure compliance with applicable laws, regulations, rules and ordinances 10. Other: a. Follow all safety procedures b. Provide exceptional customer service to residents, developers, elected and appointed officials c. Make decisions that are always in the best interest of the City, its residents and businesses d. Perform other duties and projects as assigned e. Confer with supervisor, peers, and employees to discuss issues and resolve issues f. Participate actively in the City's management team 3 g. Promote a positive and motivating environment KNOWLEDGE, SKILLS AND ABILITIES 0 Demonstrated knowledge of City operations, ordinances, policies and procedures. 0 Demonstrated knowledge of standard office practices, equipment, software, and procedures. • Extensive applied knowledge of and experience in election laws, rules, and requirements and running a local election. • Extensive knowledge of records retention and records management. Ability to operate office equipment including a personal computer with specialized and standard office and specialized software, including website and electronic record management. Ability to establish effective working relationships and to communicate effectively, both orally and in writing, with customers, vendors, City staff, auditors and the general public. • Ability to research and analyze data, search records, determine alternatives, and make recommendations or implement changes as needed. Ability to organize and prioritize the work and meet deadlines. • Ability to enter information with speed and accuracy and to maintain accurate and complete records and documentation. * Ability to work both independently and as part of a team. * Ability to plan, prioritize and organize the department's work, 0 Strong sense of honesty) integrity, and credibility MINIMUM QUALIFICATIONS 1. Five years of municipal experience in an comparable government position with experience in running elections 2. Five years of supervisory experience 3. High school graduation diploma 4. Valid Minnesota driver's license PREFERRED QUALIFICATIONS S. Completion of the Minnesota Municipal Clerks Institute 6. Designation as a Certified Municipal Clerk by III C 7. Post -secondary certificate or degree in office administration, business, or position related degree 4 PHYSICAL DEI AN Must be able to sit for long periods of th-ne and manipulate objects using fine motor skills for extended periods. Must have ability to bend, stoop, push, pull, and reach periodically. Note: This job description does not constitute a contract or employment agreement. City Clerk City of Otsego Title of Class: City Clerk Revised Date: Atne 1, 2009 February 20, 2013 FLEA: Exempt Pay Grade: 13 Adopted: FebrUary 20, 2013 DESCRIPTION OF WORK General Statement of Duties: Performs highly skilled administrative and staff support work for the City Council and City Administrator; records Council meeting minutes, maintains official City records, administers elections and oversees processing of citylicenses and nuisance codes; performs related duties as required. Supervision Received: Works under the supervision of the City Administrator. Supervision Exercised: Provides super -vision to the special licensing and building perillit technician positions. TYPICAL DUTIES PERFORMED *Attends all City Council and Planning Commission meetings and records, prepares draft agendas and minutes-, assists in preparing resolutions to reflect Council actions. *Prepares, assembles and maintains a list of Council agenda items, collects supporting materials and prepares draft agenda for review by the City Administrator. *Develops, maintains and oversees a citywide records retention-Ananagement system including policies, procedures and retention schedule in accordance with state laws and guidelines. *Establishes and maintains a complex filing system for City administrative records including active and inactive files; maintains a variety of records and lists and serves as custodian of official records, including City Council minutes, ordinances, codes, resolutions, deeds and plats. *Oversees and manages all city obligations and requirements of local elections including hiring election judges, coordinating training, attending meetings, answering questions and accepting affidavits of candidacy and financial reporting forms. *Maintains resolution and ordinance books and publishes amendments, hearing and meeting notices. *Obtains appropriate signatures on official documents and transmits copies as appropriate; records contracts as appropriate. City Clerk City of Otsego 0 *Supervises staff including assigning and reviewing work, training and coaching, evaluating performance and recommending reward and discipline. Assists ill hiring deparillent staff. *Advises office staff on release of information for records where data privacy status is clear; serves as City's data practices representative. *Transmits documents related to civil litigation to appropriate parties. *Provides confidential administrative support for the City Council and City Administrator. *Oversees City license review and issuance processes and ensures all city and State requirements are met. *Oversees nuisance code enforcement and coordinates Nvork with the City Planner Zoning Administrator. *Drafts correspondence and reports as needed and researches records and ordinances to answer questions of the public, staff or City Council; prepares written reports and presents to Council as appropriate. *Prepares hearing notices for public hearings and improvement projects including determining appropriate parties to notify, publishing and posting. Develops and recommends a budget for the election, and administrative departments and monitors expenditures. Reviews administrative support operations and recommends changes to improve efficiency and work flow. *Establishes and oversees policies, procedures and practices for Administrative Department support functions. *Monitors operations to ensure compliance with applicable laws, regulations, rules and ordinances. May research and recommend purchase of new office furniture and equipment. *Certifies and/or notarizes documents as needed. *Assists the City Adinhiistrator and City Council in other areas as directed. *Coordinates the noticing, publishing and posting of assessments to ineet legal requirements. *Assists in updating the City's web site by adding agendas, minutes and meeting and hearing notices. Purchases or directs the purchase of office equipment and supplies, election equipinent and inaterials and other items as needed. Manages and troubleshoots phone and voicemail system issues. Schedules meetings and meeting rooms for bid openings and commission meetings as needed. Attends weekly developer meetings with City Administrator, City Platuier and City Engineer to discuss potential developments. Attends Administration Department and department head staff meetings. Performs other ditties as needed or assigned. City Clerk City of Otsego KNOWLEDGE, SKILLS, AND ABILITIES *Considerable luiowledge of City operations, ordinances, policies, procedures and practices. *Considerable knowledge of standard office practices and procedures. *Considerable applied knowledge of and experience in election laws, rLIles and requirements. *Considerable knowledge of records retention and records management. *Considerable knowledge of the operation. of office equipment Working knowledge of the phone and voicemail system to inake changes and perform routine troubleshooting. *Considerable ability to communicate effectively, both orally and in writing, with City staff and the general public and to prepare agendas, minutes and hearing notices. *Considerable ability to research and analyze data, search records, determine alternatives, and niake recommendations or implement changes as needed. *Considerable ability to communicate effectively, both orally and in writing, with City staff, City contractors, elected officials, State or County officials and the general public. *Considerable ability to establish and maintain effective working relations with. City staff and public. *Considerable ability to sit for long periods and use fine motor skills to operate a computer, office equipment and to file and retrieve documents. MINIMUM QUALIFICATIONS Five years of municipal experience in an administrative capacity including experience rutuiing elections. Five years of increasingly responsible administrative support experience involving considerable public contact and supervision of employees. , Completion of municipal clerk training may substitute for up to two years of experience. Prefer certification as a municipal clerk. *Asterisked items are essential to the job. CITY OF e MINNESOTA g Position Description Position: Building Permit Technician Reports to: For Technical and Work Direction Supervision - City Planner For Administrative Supervision - Administrative Services Director Supervises: N/A PISA Status: Non- exempt Pay Grade: 8 Date Approved: December 9, 2013 DESCRIPTION OF WORK General Statement of Duties: Performs skilled technical and administrative support work including scheduling and coordinating building inspections and processing building permits; performs related duties as required. Supervision Receive : Works under the technical and work direction supervision of the City Planner and the administrative supervision of the Administrative Services Director Supervision Exercised: N/A. MAJOR JOB FUNCTIONS 1. Building Permits: a. Ensure building permit application materials are properly completed b. Prepare building permits including calculating and receipting fees; distribute permits and certificates of occupancy c. Communicate with applicant regarding permit d. Schedule inspections and coordinate activity of building inspectors e. Coordinate completion of building inspection processes and track pending applications f. Prepare enforcement notices, track completion of work ordered and follow- up on permit g. Monitor permit status, assist in coordinating follow-up, and prepare notification letters for expiring permits 2. Other Permits and Reports: a. Transmit applications for fence and grading permits to the City Engineer and City Planner b. Process administrative fence permits c. Prepare statistical and other building reports as required by State and City d. Transmits Gopher State One locate calls to City Engineer e. Provide building activity reports and information to the County Assessor 3. Customer Service: a. Serve as primary contact at public service counter and on telephone with builders, contractors and general public providing technical information relating to building code and ordinance requirements and processes for commercial and residential construction b. Provide information and answers questions on utilities, legal descriptions, lots size and other pertinent building related data c. Develop and maintain information sheets, checklists, maps and application forms for public use 4. Administrative Functions: a. Perform office support and management functions for building department b. Manage department records and file system c. Review building department administrative operations and recommend changes to improve efficiency and work flow d. Establish and oversee policies, procedures and practices for building permit administration e. Monitor operations to ensure compliance with applicable laws, regulations, rules and ordinances S. Other: a. Follow all safety procedures b. Provide exceptional customer service to residents, developers, elected and appointed officials c. Make decisions that are always in the best interest of the City, its residents and businesses d. Perform other duties and projects as assigned e. Confer with supervisor, peers, and employees to discuss issues and resolve issues f. Promote a positive and motivating environment KNOWLEDGE� SKILLS AND ABILITIES 0 Extensive knowledge of building permit and rental ordinance processes. and procedures 0 Demonstrated knowledge of City operations, ordinances, policies and procedures relating to building permits. 0 Demonstrated knowledge of standard office practices, equipment, software including specialized building permit software, and procedures. 0 Knowledge of records retention and records management. 0 Considerable skill inperforming mathematical calculations and preparing statistical reports. e Considerable skill to handle details, review applications and supporting materials. 0 Ability to establish effective working relationships and to communicate effectively, both orally and in writing, with customers, vendors, City staff, auditors and the general public. 0 Ability to research. and analyze data, search records, determine alternatives, and make recommendations or implement changes as needed. 0 Ability to organize and prioritize the work and meet deadlines. 0 Ability to enter information with speed and accuracy and to maintain accurate and complete records and documentation. 0 Ability to work both independently and as part of a team. * Ability to plan, prioritize and organize the department's work. * Strong sense of honesty, integrity, and credibility MINIMUM QUALIFICATIONS 1. Three years of responsible administrative support experience involving heavy public contact, record keeping, and computer use. 2. Completion of relevant technical college coursework may substitute for one year of experience in administrative support. 3. Experience in the construction industry may substitute for up to one year of experience in administrative support. 4. High school graduation diploma PREFERRED QUALIFICATIONS S. Completion of Building Permit Technical certification program 6. Experience using Permifforks software 7. Experience in a construction inspection administrative support position PHYSICAL DEMANDS Must be able to sit for long periods of time and manipulate objects using fine motor skills or extended periods. Must have ability to bend, stoop, push, pull, and reach periodically. Note: This job description does not constitute a contract or employment agreement, CITY OF OTSEGO Title of Class: Building Permit Tecluiician Revised Date: February 22, 2010 FLEA: Non -Exempt DESCRIPTION OF WORK General Statement of Duties: Performs skilled technical and administrative support work including scheduling and coordinating building inspections and processing building permits; performs related duties as required. Supervision Received: Works under the general supervision of the City Clerk. Supervision Exercised: None; provides soine oversight to Office Assistant on commercial construction and zoning issues. TYPICAL DUTI ESPERF ORMED The listed examples may not include all duties performed by all positions in. this class. Duties may vary somewhat from position to position within a class. *Serves as primary contact at public service counter and on telephone with builders, contractors and the general public providing tecluiical information relating to building code and ordinance requirements and processes for coni-mercial and residential construction. *Provides information and answers questions on septic testing process requirements to bankers, realtors, homeowners, the assessor and the public including parcel identification numbers, copies of surveys, when septic testing is required and the location, legal descriptions, lot size, restrictions on property based on casements and zoning, etc.; refers to DNR if property is located on the river. *Processes inspections for rental properties. *Ensures building permit application materials are properly completed and all required submittal documents are present as appropriate. *Prepares building permits, enters into the cash register and notifies applicant when permit is ready for issuance. *Schedules inspections and coordinates activity of building inspectors, *Coordinates completion of building inspection processes and tracks pending applications. *Assists the public in completing applications, calculates and accepts fees and provides receipts. *Performs a variety of office management and records management responsibilities including providing information for the quarterly surcharge report and supporting material for Council agenda items. *Provides blueprints and prepares a monthly report of all improvements for the County assessor. *Prepares enforcement notices, tracks completion of work ordered and provides follow-up as needed. *Monitors project status, flags problems and assists in coordinating follow-up; prepares notification letters for expiring permits. *Prepares and distributes building permits and certificates of occupancy to builders/owners. *Performs record keeping and computerized data entry and prepares both routine and specialized reports as needed; maintains complex filing system. *Develops and maintains a supply of published information sheets, checklists, maps and application forms. Transmits applications for fence and grading permits to the City Engineer and City Planner and processes administrative fence. permits. Prepares a variety of statistical reports, including the annual septic report. Assists the Building Official in the development and implementation of new or streamlined services. Assists in researching and developing administrative and records management processes for new and revised ordinance requirements. Updates the City's website with information from the Building Safety Department and other depailinents upon request; may make design changes with approval. Assists other departments as needed. Performs other duties as needed or assigned. I-CNOWLEDGE9 SKILLS AND ABILITIES *Considerable knowledge of standard office practices, including operation of a Computer using standard computer software including word processing, spreadsheets, database programs and specialized Building Permit software. *Considerable knowledge of the building permit and rental ordinance application processes. *Considerable skill in performing mathematical calculations and preparing statistical reports. *Considerable skill to handle details, review applications and supporting materials to identify errors and missing information and to maintain accurate records. *Considerable skill in entering data and performing processes to manage data in spreadsheets and databases. *Considerable ability to organize and prioritize the work and work independently and as a member of a team. *Considerable ability to coordinate and track approval processes and process permit applications. *Considerable ability to type and enter information with speed and accuracy and to maintain accurate and complete records. *Considerable ability to develop and maintain relationships and communicate effectively both orally and in writing. *Considerable ability to respond to complaints appropriately, respectfully and tactfully. *Considerable ability to operate standard office equipment and use specialized Building Permit software. *Working luiowledge, of State Building Codes. *Working knowledge of zoning ordinance and City code requirements and procedures pertaining to the application approval process. *Working ability to look up codes in the Minnesota State Building Code and City ordinance. *Working ability to use mine motor skills to operate office equipinent. Working ability to read and understand zoning 111aps. 2 MINIMUM QUALIFICATIONS Three years of responsible administrative support experience involving heavy public contact, record keeping and regular use of computers with word processing, spreadsheet and database software. Completion of relevant technical college coursework and/or experience in the construction industry may substitute for up to one year of the administrative support experience. Completion of Building Perniit Technician certification progran-i and experience working in constrLICtion inspection administrative support position is preferred. Experience using Perinifforks software is highly desirable. *Asterisked items are essential to the job. TY 0 ot C1 e F 0 MINNESOTA g - - ( Formatted Position Description Position: Administrative Services Director Reports to: City Administrator Supervises: Finance and IT staff FLSA Status: Exempt Pay Grader 19 (-N423-va4 ige-.474778 22 0A Date Approved: April 23, 2013, Revised December 9., 2013 DESCRIPTION OF WORK General Statement of Duties: Directs and manages the Finance and Information Technology (IT) departments including serving as the Chief Financial Officer of the City. Assists the City Administrator in all aspects of economic development including development of policies and analysis of development programs and opportunities, serves as assistant City Administrator performing a board variety of governinental functions at the request of the City Adniinistrator. Supervision Received: Works under the direction of the City Administrator. Supervision Exercise& Provides supervision to the Finance Department and Information Technology staff. Provides administrative supervision to the Building, Peri nit Tecluildaii, MAJOR JOB FUNCTIONS 1. Finance: a. Provide recommendations to the City Administrator and City Council for establishing long and short-range financial goals including preparation and management of a Capital Improvement Plan b. Plan and implement sound financial strategies to ensure a high level of financial planning and management. c. Develops and manages internal controls and accounting policies and procedures for accounts payable, accounts receivable, deposit of funds, utility billing, fixed assets and escrow accounting to properly and legally report and 1 manage all financial activities of the City and safeguard City assets. & Budget i. Monitor all budgets to ensure compliance with the adopted budget ii. 'Prepare a draft budget for review by City Administrator iii, Provide budget analysis and recommendations iv. E, n ur•e all levies are correct complies with all legal budget and tax levy requirements e. Comprehensive Annual Financial Report CAFR L Coordinate the preparation and completion of the CAFR and related gear -end reporting requirements. ii. Manage the audit process including overseeing the preparation of audit work papers iii. Assist auditors in writing the CA.FR and subunit CA FR for CFf A' Certificate of Achievement in Financial Reporting program f. Cash Management L Monitor and manage cash flow moods of City ii; Invest funds according to approved investment policy and state statute iii. Implement internal control systems necessary to ensure . General finance dirties i. Prepare and present reports and analysis ii. Prepare staff menios and recommendations to and for the City Administrator and City Council iii. Make presentations to City Council and other entities/organizations iv. Responsible for all aspects of the City's finances including utility billing v. ]Manage and perform City's risk management functions 2. Economic Development: nt: a. Assist in development, implementation, and execution of policies and programs to expand the City's commercial and industrial tax base b. Beet with developers and business owner's representatives c. Assist with Economic Development Authority activities and policy development and implementation d. Provide recommendations and analysis of TIF, Tax Abatement, and other development incentive requests e. Coordinate and carry out business retention. and expansion prograin f. Assist with marketing and communication necessary to achieve City's economic development .goals g. Serve as City�s representative at various economic development functions and in various economic development associations . Serve as acting City Administrator: a. Provide assistance to City Administrator on special projects and other items as assigned b. Serve as acting City Administrator in City Administrator's absence i. Provide assistance and expertise to other City staff on all City government matters 4. Hunian Resources: a. Ensure City complies with all federal and state payroll, employment, and all relevant p e rs on tie I and payroll I aws b. Ensure all reporting requirements are niet for all payroll and human resource functions 5. IT: c. Oversee all human resource and payroll functions a. Oversee IT functions and make recommendations to supervisor to maintain a highly functional and up-to-date IT system city wide 6. Policy and Procedure Development: a. Responsible for Policies and Procedures relating to Finance, Human Resources and related areas i. Evaluate and recommend changes to policies, procedures and practices and follows procedures to get approval and implement changes ii. Ensure that staff, elected o Mcials, and appointed officials follow all City and State policies and procedures and follow applicable laws 7. Supervision: 7-. a. Fj i ia i i ce acrd I T D epertinent S ta ff a -J. Perform annual performance review for all department staff ii L Ensure staff is adequately trained and department is cross trained viii, Recommend discipline and pay increases &b. Ensure staff attends safety training and follows safety procedures ej. Assign works and ensures that it is done accurately and timely ii. Interview and recommend staff c, Bid1ding Perinit Technician L Provide administrative stipervision including approval of leave time ii, Perform annual performance review with input fr-orii Btifl(ling Permit Technician's technical sup eryLsor iii. Reconiniewl disdphng aild pay hicreases with input from Building Permit Technician's technical supervisor iv, Eiisure staff attends safety training ancl follows sa procedu res Cv. 8. General a. Expertise in a broad range of governmental accounting software, Microsoft Office applications, and IT systems b. Participate actively in the City's management team -------- Forniattecl. q4 - - - - - - - Formatted 1 - - - - - ( Formatted I .I-- ____ Formatted ____ ( Formatted —1 c. Promote a positive and motivating environment d. Provide exceptional customer service to residents, developers, elected and appointed officials e. Make decisions that are always in the best interest of the City, its residents and businesses f. Perform other duties and projects as assigned g. Confer with supervisor, peers, and employees to discuss issues and resolve issues KNOWLEDGE, SKILLS AND ABILITIES 0 Demonstrable knowledge of and experience in applying Generally Accepted Accounting Principles (GAAP) as defined by GASB. 9 Extensive knowledge of and experience in governmental accounting policies, procedures and practices as defined by the GFOA. • Extensive knowledge of and experience in laws, practices, and regulations applicable to City government finances. 0 Extensive knowledge of and experience in City operations, ordinances, and practices related to finance and budgeting, economic development, and city managenient. 0 Proficient in government finance software, Microsoft Office (Excel, Word, and PowerPoint) and standard computer systems and programs 9 Experience analyzing development and redevelopment proposals and requests for incentives Experience analyzing tax increment financing and tax abatement plan financial data and familiarity with drafting and implementing TIF and tax abatement plans. Experience administering economic development loan programs • Experience making presentations to government bodies, professional associations, and community organizations Ability to communicate clearly, professionally, effectively, and precisely both verbally and in writing Ability to resolve and diffuse conflicts Ability to understand, manage, and communicate complex ideas, projects, and situations Applied experience and knowledge of cash management illClUding investment statutes and practices, budgeting, capital improvement planning, financial management plans and purchasing/contract. laws and practices Ability to work independently and as part of a team and to coordinate work with other departments and to lead multi -departmental or multi -jurisdictional projects. 9 Ability to plan, prioritize and organize the departmenes work. 9 Strong sense of lionesty, integrity, and credibility MINIMUM QUALIFICATIONS 1. Bachelor's Degree in accounting, finance, or public administration 2, A combination of ten years of professional experience in government accounting, financial management, economic development, or city or county management at a manager level (inust include both finance and economic development experience of at least five years each) 3. Five years of supervisory experience 4. A valid driver's license PREFERRED QUALIFICATIONS 1. Master's Degree in Public Administration; or, 2. Certified Public Accounting License; or, 3. Certified Economic Developer (MD) or Certified Economic Development Finance Professional (CEDFP) certification 4. Experience working for a growing city or county PHYSICAL DEMANDS Must be able to drive, sit for extended periods, regularly use fine motors skills to operate a computer, and perform other office tasks and occasionally walk in construction areas. Note: This job description does not constitute a contract or employment agreement. CITY OF OTSEGO PERSONNEL POLICIES Revised Date: August 2012 December 9, 2013 TABLE OF CONTENTS SECTION PAGE PURPOSE AND INTENT 1 1-1 Purpose 1 1-2 Intent 1 1-3 Duration of Employment 1 1-4 City Council Responsibilities 1 1-5 Applicability 1 1-6 Non -Discrimination 2 1-7 Definitions 2 1-8 Provisions Supercefed in Certain Cases 4 2 ORGANIZATION 4 2-1 Job Descriptions 4 2-2 Assigning and Scheduling Work 5 2-3 Classification of Duties 5 2-4 Reclassification 5 2-5 Demotion 5 2-6 Reduction of Workforce 6 2-7 Layoff 6 3 EMPLOYEE RECRUITMENT AND SELECTION 6 3-1 Scope 6 3-2 Features of the Recruitment System 6 3-3 Examinations 7 3-4 Unlawful Acts 8 3-5 Pre-employment Medical Exams 8 3-6 Selection 9 3-7 Report of Personnel Changes 9 3-8 Employment of Family Members 9 3-9 Affirmative Action/EEO Policy Statement 10 3-10 Probationary Periods 10 4 COMPENSATION 11 4-1 General 11 4-2 Paychecks 12 4-3 Overtime/Compensatory Time 12 Non -Exempt Employees 12 Exempt Employees 13 Requirement to Work Overtime 14 SECTION PAGE 4-4 Salary Review 4-5 Meal Breaks and Rest Periods 14 15 5 EMPLOYEE BENEFITS 15 5-1 Eligibility 15 5-2 Retirement Benefits 16 Guidelines for Accrual of Vacation Public Employees Retirement Association 16 18 Deferred Compensation 16 5-3 Insurance Benefits 16 5-4 Medical and Dependent -Care Flexible Benefits Plans 16 20 Medical Expense Reimbursement Plan 17 Reasons for Family and Medical Leave Dependent -Care Assistance Plan 17 5-5 Continuation of Benefits 17 6 LEAVES OF ABSENCE 18 6-1 Vacation and Personal Leave 18 Vacation 18 Personal Leave 18 Guidelines for Accrual of Vacation and Personal Leave 18 Administration of Vacation and Personal Leave 19 6-2 Holidays 19 Administration. of Holiday Leave 20 Holiday Overtime 20 6-3 Family and Medical Leave 21 Reasons for Family and Medical Leave 21 Service Member Family Leave 21 Definitions 21 Eligibility 22 Length of Leave 22 Leave Year 23 Notice 23 Medical Certification 23 Re -certification 24 Intermittent Leave 24 Fitness for Duty Certification 25 Job Protection 25 Effect on Benefits 25 Records Retention 26 Failure to Return from FIMLA Leave 26 SECTION PAGE 6-4 Administrative Leave 6-5 Adverse Weather 6-6 Job -Related Injuries and Illnesses 6-7 Employees With Health -Related Work Restrictions 6-8 Parenting Leave 6-9 Emergency/Funeral Leave 6-10 Military Leave 6-11 Jury Duty Leave 6-12 School Conference Leave 6-13 ElectionsNoting 6-14 Leaves of Absence Without Pay 7 PERFORMANCE REVIEWS 7-1 Purpose 7-2 Guidelines 8 EMPLOYEE EDUCATION AND TRAINING 8-1 Purpose and Guidelines Policy Guidelines Administration Guidelines 8-2 Memberships and Dues 8-3 Travel Reimbursement Purpose Procedures 9 PUBLIC PURPOSE EXPENDITURES 8-1 General 8-2 Definitions 8-3 Public Purpose Guidelines 8-4 Financial Considerations 10 EMPLOYEE RESPONSIBILITY 10-1 General 10-2 Citywide Work Rules and Code of Conduct Appearance Attendance Absence Procedure 10-3 Conflict of Interest 10-4 Receipt or Solicitation of Gifts 10-6 Political Activity 27 27 27 28 28 29 29 30 31 31 31 32 32 33 33 33 33 34 35 35 35 35 37 37 37 37 39 39 39 40 40 40 40 41 42 43 SECTION PAGE 11 HARASSMENT 43 11-1 General 43 11-2 Sexual Harassment 44 Definition of Sexual Harassment 44 Examples of Inappropriate Conduct 44 Reporting and Investigation Requirements 45 Reprisal 46 12 DISCIPLINE 46 12-1 General 46 12-2 Work Rule Offenses 46 12-3 Process 50 Oral Reprimand 50 Written Reprimand 50 Suspension 51 Discipline 51 12-4 Notice of Reasons for Termination 52 12-5 Reports of Disciplinary Action 52 13 SAFETY 52 14 DRUG AND ALCOHOL USE 52 15 POLICY PROHIBITING EMPLOYEE POSSESSION OF FIREARMS 52 16 CONFIDENTIALITY/DATA PRACTICES 53 16-1 Data Practices Advisory 53 16-2 Types of Data 54 Public 54 Private 54 Personnel 54 Summary 54 16-3 Public Personnel Data 55 Employee Personnel Data 55 Personnel Data on Applicants for Employment 55 16-4 Access To Data 56 Public 56 Private 57 SECTION PAGE 16-5 General Contents of Personnel Files 57 16-6 Tape-recording 58 16-7 Informed Consent 58 16-8 Security of Personnel Data 59 16-9 Supervisory Files 59 17 SEPARATIONS 17-1 Resignations 17-2 Severance Pay M of all 18 MEDIA CONTACT/PRESS RELEASES 60 19 PERSONAL TELEPHONE CALLS 61 20 CELLULAR TELEPHONE USAGE 61 21 INTERNET/EMAIL 62 21-1 General 62 21-2 Appropriate -Use Defined 62 21-3 Internet Use Expectations 63 21-4 Confidentiality/Security 63 21-5 ConsequenGes of Misuse 64 22 CITY VEHICLE USE 64 22-1 General 64 22-2 Vehicle Maintenance 65 22-3 Vehicle Accidents 65 EMPLOYEE ACKNOWLEDGEMENT FORM 66 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, 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/her employment at any time for any reason and the city may terminate an individual's city employment at any time for any 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 DURATION OF EMPLOYMENT After an employee has successfully completed the probationary (training) period after hire or promotion, as indicated by a satisfactory performance evaluation and as approved by the City Council, they shall be designated as a regular employee, Such designation shall be employed to differentiate between these employees and probationary or other employee designations. The term 'regular' shall not be used to define duration of employment with the City. Employment shall remain at will and may be terminated by either the City or the employee at any time for any reason. SECTION 1-4 CITY COUNCIL RESPONSIBILITIES The City Council shall in accordance with its statutory responsibility to manage the City, be responsible for the maintenance and periodic revision of personnel policies and the City's personnel program. SECTION 1-5 APPLICABILITY 1-5.1 The provisions of these policies shall cover all "regular" and "probationary" full time and part time employees, Temporary/seasonal, intermittent and paid on call employees are 111ClL1CJ0.dGXG-udo4-, except when specifically stated herein. 1-5.2 Elected officials, c-,qntracat-eniploycoca-; contraCtUal individuals - e -d -c-0- 1. -1 s t 11, ta i its m� members of appointed City boards, comissions, and committees, volunteer personnel, and emergency employees are not within the scope of this Personnel Policy. 1-5.3 Any 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 1-6 NON-DISCRIMINATION 1-6.1 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 with regard to public assistance, or disability. 1 -6.2 No person shall be employed, promoted, demoted, or discharged by the GC11ty 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 with regard to public assistance or disability, or because of the exercise of rights under provisions of the public Employment Labor Relations Act, Mian, Stat. 179A,01 to 179A.25. SECTION 1-7 DEFINITIONS For policy purposes, the following terms shall have the meanings given herein: "BENEFIT -EARNING STATUS" - Status where employees are eligible for at least a prorated portion of employer provided benefits. Employees must work 24 or more hours per week on a regular basis in an ongoing position. (Temporary/seasonal, paid on-call, part-time (casual) and intermittent employees are excluded.) "CASUAL PART-TIME EMPLOYEE" - An employee who works in an ongoing non - benefit earning position of fourteen (14) hours or less per week. Employees in this category may work more than fourteen (114) hours per week on occasion but must not meet the definition of a public employee by State law (Chapter 179). Part-time (casual) employees accrue no seniority and earn no employment rights. "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). "HOLIDAY OVERTIME" - Payment equal to two times the regular hourly rate paid to employees who are required to work on a holiday. "INTERMITTENT EMPLOYEE" - Employee who has no regularly scheduled hours but fills in as needed. Employees in this status do not earn benefits or employment rights and average less than fourteen (14) hours per week. "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. "PROBATIONARY PERIOD" - A specified period of time at the beginning of employment or the beginning period of a promotion, reassignment or transfer) that is designated as training or trial period. The probationary period is considered the last part of the selection process. "PROMOTION" - Movement of an employee from one job class to another within the City, where the maximum salary for the new position is higher than that of the former position. "REGULAR EMPLOYEE" - An employee who has successfully completed all stages of the selection process including the training or probationary period. "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 week throughout the year, from year to year, and which have been defined as regular part-time by the City Council. ",SUPERVISOW — A person designzited as being responsible for a partiCUIr'-11' employee, (Fornia&d: Font: Bo!d or group of employees. A SUpervisor can be -anyone designated as SLIC11 by the City COLincil and does not have to be an Employee of the City, bUt may be a person with a contractual relationship with the City. "TEMPORARYISEASONAL 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. "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 1-8 PROVISIONS SUPERSEDED IN CERTAIN CASES 1-8.1 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 and compensation by position and/or job class, job descriptions for each regular job class and other appropriate information. New positions can be developed as needed but shall be approved by the City Council in the budget process, or as needed prior to filling the position. 2-1.2 A classification is a group of positions sharing common duties and requirements. Positions within a class are assigned the same title and salary level. 2-1.3 A job description is prepared for regular full-time and part-time positions. Each description includes: title, department, supervisor" s. title, statement of position duties and responsibilities and specific statement of qualifications required to perform the essential requirements of the position. Good attendance and compliance with work rules and policies are essential requirements of all City positions. 2-1.4 Prior to posting a vacant position, the existing descriptions and qualifications for each position are closely examined by the City Administrator and the hiring department toanuurethe quo|ihcat|onodonot present ortificia|barher to employment. _ 2-1.6 A current job description is provided to each new employee. Supervisors revise job descriptions as necessary to describe the duties and responsibilities for which their employees will be held accountable during their upcoming performance periods. All changes are reviewed and approved by the department head and City Administrator, subject to City council approval. SECTION 2 - 2 ASSIGNING AND SCHEDULING WORK Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the approval of the department head and/or Administrator, SECTION 2 - 3 CLASSIFICATION OFJ D DUTIES The classification of job duties will be the responsibility of the City Administrator. Assignment of job titles, establishment of minimum qualifications, and the maintenance of regular job descriptions and related records shall also be the responsibility of the City Administrator. SECTION 2 - 4 RECLASSIFICATION Positions sometimes change over time and some change in jobs is normal and expected. Occasionally, an employee's job will change so significantly that it no longer fits the employee's job classification. In these situations, the City may conduct a classification study. The study may result in a number of different findings: reclassifying the position to another existing classification, merging classes, creating a new classification, revising the job, change in departments 01' Supervisors, or a determination that no change is needed. All classification changes must be approved by the City Administrator and are subject to City Council approval. SECTION 2 - 5 DEMOTION 2-5.1 Employees may be demoted if they have been found unsuited for the present position but may be expected to perform satisfactorily in a lesser position. Employees may also be demoted if their position(s) has been abolished or reclassified to a lower class. 2-5.2 A demoted employee's pay will normally be reduced to an amount consistent with the new job class. However, under certain circumstances, the City may elect to freeze the pay of employees who are demoted for reasons of reclassification, restructuring, or other organizational change, unrelated to performance. If the City freezes an employee's pay, their pay will normally be frozen until such time as annual adjustments increase the salary range for the demoted position above that of the employee's salary. 2-5.3 Employees who voluntarily demote or are demoted due to performance issues shall have their pay established within the range of the new classification at a level determined by the City Administrator. SECTION 2 — 6 REDUCTION OF WORKFORCE If it is necessary to reduce personnel, all efforts will be made to separate temporary/seasonal employees in affected job classes before regular and probationary employees in those job classes. Within these groups, 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 — 7 LAYOFF Employees who are laid off due to reduction in workforce shall be placed on a layoff list for up to six months. 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. If recalled to work within that six month period, seniority may be reinstated, excluding time in layoff status. Employees do not have the right to reinstatement. All reinstatement must be approved by the City Council. SECTION 3 - EMPLOYEE RECRUITMENT AND 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 FEATURES OF THE RECRUITMENT SYSTEM 3-2.1 Regular Position Vacancy Announcements: Position vacancies, for regular full- time and part-time positions, will normally be published by posting announcements on of ficial- City- ho ull loti n-boaf4&-Gr-the City website for at least ten (10) days. Such postings will normally specify the title and salary of the positions; the nature of the work to be performed; the minimum and essential requirements of the position; the time and place to apply; the closing date for receiving applications and other pertinent information. 3-2.2 Application Forms: Application shall normally be made on application forms provided by the Finance Department. Supplemental questionnaires may be required in certain situations. All candidates must complete required application materials, with original signatures, and ensure they are submitted by the application deadline in order to be considered for the position. The deadline for applying may be extended by the City Administrator. 3-2.3 Appointments and promotions in the City service shall be made according to merit and fitness related to the position being filled. Vacant positions will be filled as regular, casual part-time, paid -per -call, intermittent or temporary/seasonal appointment, Appointments may be made on a full or part-time basis, Part-time employees may be hired into a benefit -earning (24 or more hours per week) or non -benefit -earning (less than 24 hours per week) status. 3-2.4 Position vacancies may be filled on an "acting" basis as needed prior to filling a position through the normal process. The City Administrator will approve all acting appointments for regular positions. If a current employee is appointed to an acting position and is later hired to fill the regular appointment, with no break in service in the new position, the effective date of the regular appointment will be considered to be the date on which the acting appointment was made. Pay rate adjustment for acting appointments will be determined by the City Council with recommendations made by the City Administrator. 3-2-5 Employees who have left City service in good standing are eligible for reinstatement at the City's option. The City Administrator may reinstate seniority for benefit accrual purposes and/or pay, under special circumstances. SECTION 3 — 3 EXAMINATIONS 3-31 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, 3-3.3 The City Administrator will determine whether to post the position as a promotional or open competitive opportunity, subject to City qcouncil approval. 3-3.4 Positions designated as promotional only will normally be open to any City employee who has successfully completed six months of employment in a regular position. Temporary/seasonal, intermittent and casual part time employees are not eligible to apply for promotional -only positions, They are eligible to apply for open -competitive positions only. 3-3.5 Examination results: The examinations and results of examinations are confidential. Each person taking an examination shall be entitled to obtain their final score. Applicants who fail an exam will normally not be eligible to retake the exam for one year. This requirement may be waived by the City Administrator. 3-3.6 Method of Rating: Sound measurement techniques and procedures shall be used in rating tests and determining the individual and/or relative ranking of the candidates. 3-3.7 Candidates are required to attain at least a passing score on each component of the test in order to continue in the selection process, Access to the testing process may be limited to the top candidates used on job-related qualifications. 3-3.8 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 — 6 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. 3-6.2 Hiring of temporary/seasonal, casual part-time and intermittent 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 —' REPORT OF PERSONNEL CHANGES The City Administrator shall prescribe the necessary forms for reports of all personnel changes. Such forms shall provide spaces for entering such supporting or other pertinent information as the City shall deem necessary. SECTION 3 — 8 EMPLOYMENT OF FAMILY MEMBERS 3-8.1 The City of Otsego is committed to the policy of equal opportunity when hiring, promoting and evaluating its employees. For purposes of this policy, immediate family includes: 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. 3-8.2 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. 3-8.3 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. 3-8.4 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 — 9 AFFIRMATIVE ACTION/EEO POLICY STATEMENT 3-9.1 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 of Otsego will take Affirmative Action to ensure that all employment practices are free of such discrimination. 3-9.2 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. 3-9.3 The City of Otsego 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 as set forth in this Statement and Plan will be subject to disciplinary action. SECTION 3 — 10 PROBATIONARY PERIODS 3-10.1 All newly hired full-time and part-time (benefit -earning) employees will serve a minimum of a twelve (12) month probationary period in the position. This period will be considered a training period. The training period is an integral part of the selection process, and will be used for observing the employee's work, or training the employee in work expectations, for assessing the employee's abilities, skills, and interest, and for rejecting any employee whose performance does not meet the required work standards or is otherwise not a good fit for the position. 3-10.2 Employees may be dismissed at any time during the initial probationary period. An employee so dismissed will not have the right to appeal unless the employee is covered by the Veteran's Preference Law, in which case the employee may request a hearing pursuant to Minnesota Statute 197.46. Probationary periods may be extended upon approval of the City Administrator, 3-10.3 Employees who are promoted, granted transfers or reassignments, or voluntarily demote, will be required to serve an additional probationary period up to six (6) months. Benefits will not be affected by the additional probationary period in these situations. 3-10.4 Prior to the end of the probationary period, the department head will document the probationary employee's performance and will recommend that the employee either pass probation or be rejected for the position. This documentation should be submitted to the City Administrator at least two (2) weeks prior to the end of the probationary period and will be placed in the employee's personnel file. The City Administrator, with feedback from the department head, will make the final decision on whether the employee will become a regular employee or will be terminated, subject to concurrence by the City Council. 3-10.5 If the notification indicates the employee has successfully completed the probationary period and will be continued, the employee will become a regular employee within the meaning of this policy. The employee's length of service will be computed from his/her date of hire, 3-10,6 The City may terminate an employee at any time subject to requirements of applicable laws and rules. Nothing in this manual shall be construed to imply that after completion of the probationary period, an employee has any vested interest or property right to City employment. 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. Any wage or salary so established is the total remuneration for employment, but shall not prevent reimbursement for official travel or other expenses that may be allowed for the conduct of official business. 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. 4-1.2 Subject to MN Statute 179A.25, but notwithstanding any other law to the contrary, the city shall maintain equitable compensation relationships as prescribed by MN Stat. 471.991 to 471.999. 4-1.3 Temporary/seasonal, casual part-time and intermittent employees are not entitled to benefits, unless specifically provided herein under working on holidays. 4-1.4 Employees to whom the Fair Labor Standards Act applies shall be compensated for overtime work at one and one-half times their regular rate of pay for work over 40 hours per week. 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 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/seasonal employees, will be paid overtime for work in excess of forty (40) hours per week and will not receive or accrue compensatory time. 4-1.5 Work schedules for personnel shall be established by the appropriate department head with the approval of the City Administrator and the City Council. 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 is to 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. 4-2.3 Employees are responsible to notify the Finance Department of any change in status including changes in address, phone number, names of beneficiaries, marital status, etc, SECTION 4 =3 OVERTIMEICOMPENSATORY TIME 4-3.1 The City of Otsego has established this overtime policy to comply with applicable Mate and federal laws governing accrual and use of overtime. The City Administrator or designee will determine whether an employee is designated as 9jexempt. 5) or "non-exempt", pursuant to the Fair Labor Standards Act. 442 Non -Exempt (Overt! me-eligi b le) 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. PTO time does not count toward "hours worked" except during non-scheduled emergencies as determined by the City Administrator and/or Public Works Director. Holidays will count as time worked for purposes of computing overtime for non-exempt employees. B. Compensation 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 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 exceed 40 hours only under circumstances that are determined to be public safety emergencies. Compensatory time may be earned from December 1 through November 30 each year. By November 3& 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 the Federal and State Fair Labor Standards Acts, 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. H. All compensatory time will be marked as such on official timesheets, both when it is earned and when it is used. The Finance 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. However, exempt staff are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day, unless the City Administrator approves an exception. 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 workweek. 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 of Otsego 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 back to the city any amounts received by the employee 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. Employees must communicate their absence to the City Administrator or designee. FLSA 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. 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 SALARY REVIEW 4-4.1 It shall be the general policy to review salaries and establish salary adjustments, in accordance with the City's Compensation Plan. 4-4.2 Salary ranges will normally be adjusted the first day of January each year as determined appropriate by the City Council, consistent with the City's Compensation Plan. SECTION 4 — 5 MEAL BREAKS AND REST PERIODS 4-5.1 City employees, when working under conditions where the use of a break is practical, shall be granted the privilege of taking two fifteen (15) minute breaks during each work shift of eight (8) or more hours at a time specified by the immediate supervisor. A fifteen (15) minute break is rneasu red 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 fifteen minute breaks to the end of the day and leaving after 7 1/2or 8 1/2hours - for those working eight (8) or nine (9) hour shifts 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 eight hours or more. Exceptions may be approved by the department head, subject to agreement by the City Administrator. 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. 4-5.2 Employees working in City buildings shall normally take their break at the place provided for that purpose in each building, Employees working out-of-doors shall normally take their break at the location of their work. Employees whose duties involve traveling throughout the City may stop along the assigned route at a restaurant or other public accommodation for their fifteen (15) minute break. Exceptions may be approved by the supervisor or department head. SECTION 5 - EMPLOYEE BENEFITS SECTION 5 -1 ELIGIBILITY 5-1.1 Employee benefits mentioned in this section apply to all employees except temporary/seasonal, contract, part-time under 24 hours per week, intermittent, paid on call, or volunteers. 5-1,2 Employees who are hired for part time positions of 24 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 (2080) hours per year. SECTION 5 — 2 RETIREMENT BENEFITS 5 Al -2.1 Public Employees Retirement AM. . ssociation (PE 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/seasonal positions with the City of Otsego are members of the Public Employees Retirement Association. Employees shall have deductions made, as established by law from each payroll. 5-2.2 Peferred 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 regular and probationary full time and benefit -earning part-time City employees, SECTION 5 - 3 INSURANCE BENEFITS 6-3.1 All regular and probationary full-time and part-time employees scheduled for 24 or more hours per week are eligible to participate in the City's Benefits Plan. 5-3.2 Insurance: A. Regular and probationary full-time employees are eligible for insurance coverage under the City -sponsored plans. Part-time employees hired to work 24 or more hours per week may elect to be covered under these insurance plans. City contributions for regular and probationary part-time employees will be pro -rated based on the positions' hours as approved by the City Council, 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 $10,000 term life insurance policy and short- term and long-term disability insurance for eligible employees. The disability coverage pays weekly benefits beginning on the first day of disability caused by an injury or the eighth day of disability resulting from sickness. SECTION 5-4 Medical and Dependent Care Flexible Benefit Plans: 5-4.1 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. 5-4.2 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. 5-4.3 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 Finance Department for use by employees. SECTION 5 — 6 CONTINUATION OF BENEFITS 5-5.1 The City of Otsego, 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 18 months. An administrative fee may apply to continuation of benefits, 6-5.2 Except for new employees still completing their first six months of employment, the City may continue an employee's city -paid contribution to health and dental insurance benefits while an employee is on qualifying leave pursuant to the City's long-term disability plan. In no case shall the city's contribution for health and dental insurance during long-term disability leave exceed six (6) months from the commencement of the leave. Any exceptions to this policy will require the approval of the Otsego City Council. SECTION 6 -. LEAVES OF ABSENCE SECTION 6-1 PERSONAL TIME OFF LEAVE 6-1.1 Personal Time Off Leave (PTO): PTO will accrue according to the following schedule for regular and probationary full- time employees. Eligible part-time employees working a minimum of 24 hours per week will receive pro -rated leave based on their scheduled hours. PTO Schedule: BENEFIT ELIGIBLE YEARS OF EMPLOYMENT 0 through 1 year 2 through 5 years 6 through 9 years 10 through 14 years 15+ years ACCRUALPES PTO HOURS PAY PERIOD PER YEAR 4.00 hours 104 hours 6.77 hours 176 hours 8.00 hours 208 hours Eight hours additional for each year 9.85 hours 266 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. Effective January 1, 2012, vacation hours carried into 2012 will convert to PTO. Employees will earn PTO based on the number of hours of vacation earned in 2011. For instance, if an employee accrued 120 hours of vacation leave and 40 hours of personal leave in 2011, the employee will now accrue 208 hours of PTO. 6-1.2 Guidelines for PTO: A. PTO can be used for any reason. PTO shall be scheduled in advance 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. On an exception basis, where an employee could not take PTO due to an exceptionally heavy workload or emergency, the City Administrator may approve up to an additional 40 hours of PTO for carry over into the following 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. -1. 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. INTO cannot be transferred from one employee to another. C. PTO shall accrue during the probationary period. However, PTO shall not be available for use until after the first six months of employment. D. 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. E. PTO may be used in no less than thirty (30) minute increments. F. 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 Ist) January} Martin Luther King, Jr.'s Birthday (third Monday in Presidents Day (third Monday in February) Memorial is (last Monday in May) Independence Day (July 4th) Labor Day (first Monday in September) Veteran's Day (November 1 Ith) Thanksgiving Holiday (fourth Thursday in November) Friday After Thanksgiving Christmas Eve (December 24) Christmas Day (December 25) Regular full-time employees are eligible to receive pay for these holidays. Eligible -Regular part-time employees scheduled to work a minimum 1248 hours per year (average of 25 hours per week) will receive pr -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. en plW,--e - n-no-Gaso­s-hall-the in-a-Ga I eqida-r-yeai--e-Y,-Ge-o-(-O- tewi ivia�iow,—s hall s4a.[�--not-4)e-paid at t! a r P/--Gv a-r-t G-the follow4o"ear-. 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. When Christmas Eve Day falls on a Saturday or Sunday, or when Christmas Day falls on a Saturday, the City may designate one of these holidays as a floating holiday to be taken at another time as approved by the employee's supervisor. A floating holiday is equal to eight (8) hours of holiday leave. The floating holiday must be taken in a one day increment with the exception of employees scheduled to work four hour shifts. These employees may take their floating holiday in two four hour increments on days in which they were scheduled to work a four hour shift. 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. 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 (male and female) for up to twelve (12) weeks per twelve (12) month period for any of the following reasons: A. Birth and care of a newborn child, pre -natal care or incapacity due to pregnancy, B. Placement of a child with the employee for adoption or foster care;. C. To care for a spouse, son, daughter or parent who has a serious health condition; D. Inpatient Treatment; E. For a serious health condition, that makes the employee unable to perform the functions of the position; or F. Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. 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 12 -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 Ice available during a single 12 -month period. The leave is allowed once per service member and once per injury. 6-3.3 Under the FI LA, the following definitionsi 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 f"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 I F active duty" means duty under a call or order to active duty under a provision of law referred to in section 10 1 (a) (13) (B) of title 10, United States Code. The term "contingency operation" has the same meaning given such term in section 101 (a) (1 3) of title 10, United States Code. The term "covered service member 27 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 Eligibility:, An eligible employee is one who has worked for the City for a cumulative period of twelve (112) months and worked at least 1,260 hours for the City during the twelve (12) month period prior to requesting the leave, Military service shall count toward the twelve month, 1,250 hour service requirement, Breaks in service for National Guard or Military Reserve duty shall also count toward the twelve (12) month, 1,250 hour requirement. 6-3.5 Length Of Leave: A, The length of FMLA leave (except for Military Caregiver purposes) is not to exceed twelve (112) weeks in any twelve (12) month period. The entitlement to FMLA leave for the birth or placement of a child expires twelve (12) months after the birth or placement of the child. B. The length of leave for Military Caregiver purposes is not to exceed 26 weeks in any twelve (12) month period. C. Combined Leave Total - During the single 12 -month period described above for Military Caregiver Leave, an eligible employee shall be entitled to a combined total of 26 workweeks of leave under A and B. Nothing in this paragraph shall be construed to limit the availability of leave under paragraph A during any other 12 -month period. 6-3.6 Leave Year: The leave year begins on the first day of an employee's leave and continues for 12 consecutive months thereafter for purposes of this policy. 6-3.7 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. 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, 6-3.8 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 Finance Department. It is to be completed by the attending physician or practitioner and submitted to the City Administrator within ten (10) 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, 1. 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. Fora 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. 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. 6-3.9 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. 6-3.10 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. 6-3.11 'Fitness For Duly Cert ca ion: 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 canperform 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 ADA (Americans with Disabilities Act). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. 6-3A2 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. 6-3.13 Effect On Ban 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 Finance 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. Senio Seniority does not accrue during the period of unpaid Family and alg� o Medical Leave (except as allowed during a parental leave, USERRA r 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/injury is covered by worker's compensation or disability 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. Tral - Employees who have missed training sessions while on FIVILA leave will be given a reasonable opportunity to make them up. 6-3.1 Records Retention: Records on FIVILA 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. 6-3.15,Fallure To Return From FIVILA 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 (112) weeks allowed). If the twelve (112) 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 5-5,2- B. If the unpaid leave of absence is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily quit in accordance with the Attendance Policy. 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 FI LA 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 - 4ADMINISTRATIVE 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 external investigation or criminal proceeding. 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 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 (special events, after school programs, etc) will be made by the respective department head or his/her designee. Section 6 — 6 JOB RELATED INJURIES OR ILLNESS 6-6.1 All employees are required to immediately report all job-related illnesses or injuries to their supervisor immediately no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment, the employee shall go to the nearest available medical facility for treatment and, as soon as possible, notify hisiher supervisor (and the managed care provider) of the action taken. 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 Workers Compensation Administrator. 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 per -forming 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, 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 per -form 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 and/or job modifications needed. Job modifications gill 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, ora rehabilitation or occupational medicine specialist. 6-7.4 Employees are responsible to notify the Finance Department of any change in status including changes in address, phone number, names of beneficiaries, marital status, etc. 6 - 8 PARENTING LEAVE 6-8.1 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 six weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. 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 six (6) 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 six (6) 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. SECTION 6 - 9 EMERGENCY/FUNERAL LEAVE 6-9.1 Emergency/funeral leave may be granted to regular and probationary full time and benefit -earning part-time City employees by the employee's immediate supervisor, To be eligible for emergency/funeral leave, an employee must furnish adequate proof that a death has occurred within the employee's immediate family or that a member of the immediate family suffers from a debilitating personal illness or accidental bodily injury such that his/her physical care requires the continuous presence of the employee. See also Family and Medical Leave. 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 emergency/funeral leave may be granted for one or two workdays where the supervisor concludes such leave is warranted. 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 a ny 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 The leave of absence is only in the event the employee returns to employment immediately upon being relieved from military or naval service, or is prevented from returning by physical or mental disability or other cause not the fault of the employee, or is required by the proper authority to continue in military or naval service beyond the fifteen (115) day period allowed for the paid leave of absence. 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 M.S. 192.261, Subd. 2 and 38 U.S.C. Section 2021 and 2024. -10.5 Employees on authorized military leave shall receive the difference between their normal salary and military pay for the approved period. The City cannot require that an employee on military leave use accrued paid leave. 6-10.6 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 - Family and Medical Leave. 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 (1120) 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 24 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 8 — 12 SCHOOL CONFERENCE LEAVE Any employee who has worked half -tire or more for more than twelve 1 consecutive months, may tale unpaid leave for up to a total of sixteen 1 hours during any school year 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 b required. SECTION 6 —13 ELECTI NSW TIN -13.1 An employee who is selected to serve as an election judge pursuant to M.S. 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 ten 1 days written notice, -13. All employees who are eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, shall be allowed time off with pay to vote during the morning of election day. SECTION 6 —14 LEAVE OF ABSENCE WITHOUT PAS' -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 skull limit the City's authority to make additional reasonable accommodations as may be necessary and which do net result in hardship to the City. 8-14.2 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 (1 0) working days in any calendar year. bequests for leave of absence without pay in excess of ten 1 days and up to 30 days in a calendar year must be approved in advance by the City Administrator. Leave without pay for 30 days or more roust be approved by the City Council. Employees are not eligible for leave of absences beyond one year - including paid and unpaid leave time combined. 8-14.3 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 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 i s receiving LTD (See Section 5-5.2). Employees wiII 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 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 convenience of the City. 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, 6-14.9The 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 — I PURPOSE An objective performance review system has been established by the City of Otsego for the purpose of periodically documenting the performance of City employees. The quality of performance rendered by the employee in the past will, in every case, 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 rior4lly-be-disot4&se-d-wiU-1-til"MPlOYe-G.--)LO completed, by a designated SLIpervisor or department lie ceive feedback from others in completing the review. Performance reviews will be diSCLISSed with the employee. Employees do not have the right Under this Polis y to change or grieve their performance review, but may submit a written response, which, subject to review by the City Administrator, will normally be attached to the performance review. B, All performance reviews bele�econinleted by SUPervisors below the department head level will be reviewed and approved by the applicable department heads and the City Administrator. T4ie-Gity-Ad4ni,stfaWr-P1 1 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 - per-formance reviews may I)e sclieduled at the discretion of the CitV,_and in the event of circumstance action or inaction dict_ tinct the need for additional review. The Performance review -fid form, with or withQLA all required signatures, shall be retained as part of the employee's personnel file in the Finance Department. 14oweve-r--Muring the employment probationary period, performance reviews she-uld= be conducted at five (5) and eleven (111) months for those with one (1) year probationary periods. If the probationgry period is exte � n d e c .1a c .16 Vi on a.1 reviews will be schedule as is appropriate. D. Peilormance reviews will be imployee and the person res onsible for the review. Signing of the Performance reviewdeca-ument b -the employee acknowledges that lie or she has read the review and has bean --had an opportUn!!y to discussed it with the aupepAisor- person -responsible for the review. The et Wre-a-nd does not necessarily GORMAUt-e ' indicate agreement with the performance review. Failure to sign the document by the employee will not delay processing of the review, 11or will it impede or delay an conse(JUMICOS of tho 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 d I epartment 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. Training application forms are available in the Finance Department. 8-1.2 Administration Guidelines: A. General guidelines for training where the City provides financial support and/or time off work are as follows, 1. Work interference shall be minimal, 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. 5The 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 or health/safety. 7. Training shall be structured to provide general information that will aid in an employee's growth or maintenance of professional standards. 8. Temporary/seasonal, non -benefit earning part-time, casual part-time, paid - per -call and intermittent employees shall be excluded unless approved by their department head. Safety training shall be provided to all employees, 9. 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. 10. 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,-:wo- on approved business. 8-3.2 Procedures 1 All travel by Otsego 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. Travel advances may normally be requested no later than seventy-two (72) hours before date of departure. 4. 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: current State or IRS - approved reimbursement rate. 5. Travel outside of the State 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. 6. 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. 7. 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. 8. A per them for meals and miscellaneous subsistence expenses not to exceed $50.00 may be taken by employees who travel on City business within the State of Minnesota. Other expenses will be approved on a need basis. 9. 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. 10. 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. 11. The per them for meals and miscellaneous subsistence expenses for employees who travel outside of the State of Minnesota or Wright County shall be reimbursed for the actual cost, subject to approval of the City Administrator or City Council. 12. If meals are included in tuition or registration fees and/or only a fraction of the day is approved for travel, the per them or expense allowance will be as follows, unless documented otherwise and otherwise consistent with these guidelines: Breakfast $10.00 Lunch $15.00 Dinner $25.00 Breakfast allowance shall be authorized for Minneapolis/St. Paul or St. Cloud departures prior to 8,00 a.m. and dinner allowances shall be authorized for arrivals from these airports after 7:00 p.m, Allowances within these parameters are the responsibility of the Finance Director consistent with the facts and good judgment applied to each travel expense claim. 1. Other miscellaneous expenses such as taxis or shuttles to and from the destination airport, buses, and phone calls that are business related will be reimbursed. (Attempts should be made to retain receipts whenever possible.) Rental car reimbursement will be made only with prier approval by the City Administrator. 14. Conferences, seminars and schools are not authorized for temporary/seasonal, ,part-time, trainees, or members of hoards, unless approved by the City Council. SECTION 9 w PUBLIC PURPOSE EXPENDITURES E SECTION 9 —1 GENERAL Consistent with Minnesota Mate laws that permit and require the expenditure of public funds for public purposes, the City of Otsego 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 and therefore feels thoughtful discussion and guidance in the form of a policy and guidelines is appropriate. The City Council authorizes the City Administrator to establish additional administrative policies and procedures and to interpret appropriate use of public ferns 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 of Otsego 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! small include all employees, elected officials, and appointed officials. SECTION 9 - 3 PUBLIC PURPOSE GUIDELINES The City of Otsego has determined that the following expenditures are valid expenditures and serge a public purpose. A. Training and development programs for Otsego elected and appointed officials and employees serve a public purpose when these training and development programs are related to the employee's job performance and to the programs and services provided by the City to its residents. E3. Payment of employee work-related expenses, including travel, lodging, telephone, and meal expenses serve a public purpose when those expenses are necessarily incurred by employees in connection with their official duties and/or work assignments and those expenses are directly related to the performance of the governmental function for which Otsego has responsibility, 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. 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. E. Employee productivity is directly related to employee satisfaction and that satisfaction depends on much more than just a paycheck. Employee satisfaction is directly and closely tied to the entire compensation package and the work environment, Recognizing employees' efforts and talents is a key factor in a good work environment and is accomplished several ways, both structured and unstructured. Examples of structured events include recognition events or cookouts, employee retirement and farewell events and the like. 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. Public expenditures for appropriate 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 the availability or use of services or City resources, or to promote coordinated, cooperative planning activities among and 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 Otsego 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 r 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, 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. 1. 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 9 - 4 FINANCIAL CONSIDERATIONS Funding for any expenditure must be approved by the City Administrator in accordance with established procedures and must be included in the approved City budget. SECTION 10 - EMPLOYEE RESPONSIBILITY SECTION 10 - 1 GENERAL 10-1.I Efficient a n d effective delivery of m, u n i ci pa I services s 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: X Per -form 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. SECTION 10-2 CITYWIDE WORK RULES AND CODE OF CONDUCT 10-2.1 At)oearance 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 of Otsego require that employees be at work unless compelling reasons warrant absence. Absence and tardiness records reflect an employee's responsibility to hi Cher job and to fellow workers. These records have a direct effect on employment status and progress. In order that a team functions efficiently and effectively, employees must be on the job. Attendance is an essential requirement of every City position. Abuse of this policy shall be grounds for disciplinary action (see Discipline Policy), 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 he/she can be reached or contact any other individual as may be designated by the supervisor.. 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 hisiher 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. 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 and/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/or the lineal descendants of any of them. 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 of Otsego; 2) Activities which require the employee to interpret City Codes, ordinances or regulations when such activity involves matters with which the employee has business and/or family ties; 3) Consulting activities carried out within the City of Otsego if such consulting involves talents or skills primarily related to the employee's City work responsibilities. 10-3.4 Any employee 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. SECTION 10 - 4 RECEIPT OR SOLICITATION OF GIFTS 10-4.1 No employee 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 m ay be set by state statute, 1042 Departments may adopt more stringent requirements but any such requirements shall be communicated to the employee and City Council by official notice at least once each calendar year or shall be part of the official written procedures of the department. 10-4.3 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 of Otsego 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 Art of 1964 and the Minnesota Human Rights Act. 11-1.2 This policy will apply to all officials and employees of the City of Otsego, including temporarylseasonal, 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, receipt of public assistance, 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, 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 of Otsego 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 more 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 and the employer knows or should know of the existence of the harassment and falls to take timely and appropriate action, 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. In summary, sexual harassment is the unwanted, unwelcome and repeated action of an individual against another individual, using sexual overtones as a means of creating discomfort. 11-2,3 Revortin and Investigation Requirements Any employee who feels he or she is being subjected to harassment in any form, or who believes he or she has witnessed harassment in any form, must contact his or her supervisor, the Department Head or City Council immediately, 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. 6 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 the person listed above to whom the employee makes their report. 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, 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. 1111-27 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 policy or otherwise, regarding harassment 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 this obligation. 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. a Negligence or carelessness in the performance of a duty, such as in the handling or control of municipal property, equipment or funds. 0 Offensive or inappropriate conduct or language toward City employees or other persons. 0 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. 0 Lack of competence or efficiency in performance of duties. 0 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. a 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. 9 Violating the City's Drug-free Workplace Policy or Drug and Alcohol Testing Policy for Commercial Drivers. 0 Excessive tardiness, excessive absences, unapproved absences, or abuse of leave privileges. o Theft or intentional destruction of City property or another employee's property. a 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. 0 Failure to report an accident to a supervisor as soon as possible upon occurrence. 0 Unauthorized use of city vehicles, property or equipment. 0 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 or other City records or reports. 0 Sleeping on the job during paid work hours. 0 Intentional or careless conduct endangering the safety of other employees, including the provoking of - or instigating - a. fight during working time or on the City premises. 0 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 regulation or order. •Abusive, threatening or coercive treatment of another employee or the public on employer's time or premises. 0 Failure to perform required duties or responsibilities in a satisfactory manner. a Soliciting political contributions from municipal employees and engaging in political activities on or with City property or on City time. 0 Failure to fulfill employee responsibilities as outlined in this manual especially those detailed in "City Wide Work Rules and Code of Conduct." • Violation of a safety rule or safety practice. o Absence from work without prior approval in accordance with this policy or failure to report for work without giving the department head or his/her designee department office earliest possible notice of such absence. 0 Violation of departmental policies, procedures or rules. 6 Horseplay - actions adversely affecting safety of normal operations of the department or other employees. 0 Release of confidential or private data to a person or person who are not eligible to have access to the data. a 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. 0 Smoking in posted or unauthorized areas. a 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. • 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 of Otsego 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 per -form. SECTION 12 - 3 PROCESS 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: Oral Reorimand 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. Written Renrimand 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 PO"CYF 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. 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. 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 when an employee's behavior violates the Personnel Policies or department policies or otherwise constitutes serious misconduct. Whether this will be paid or unpaid will be determined by the City. 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 Council. 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 M.S. 197.46). 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 of Otsego inform the employee of the reason for the termination. Within five working days following receipt of such request, the City of Otsego shall inform the terminated employee in writing of the truthful 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 The City of Otsego is required to follow O.S.H.A. Rules and Regulations, and expects employees to follow them also. 13-2 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. 13-3 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 of Otsego has adopted a Drug-free Workplace Policy. 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 The City of Otsego 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 of Otsego. This includes, but is not limited to: 9 Driving on City business; 0 Riding in a car or in any type of mass transit while on City business; • Working at any City building; • Working off-site on behalf of the City-, a Performing emergency on-call work after normal business hours and on weekends; 9 Working at private residences and businesses on behalf of the City; 9 Attending training, meetings, or conferences on behalf of the City. 15-2 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. 15-3 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. 15-4 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 of Otsego 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, • 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 lie/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, acts as an independent contractor with the City or is a member of an advisory board, committee or commission. Summary Data: Data about a person used to develop statistics or reports are considered public information, but they do not identify the person in any way. 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: 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 16. work location 16. work telephone number 17. badge number 18. city and county of residence 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 and 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 vie /know 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 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 Statute or Federal Law to gain access to that specific data. 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 ber 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, t ' raining 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, 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 on "Access to Data." 16-5.3 Personnel files will be maintained by the Finance 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 staff as appropriate. Such staff shall be trained on this policy. SECTION 16 - 6 TAPE RECORDING POLICY In order 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: inter -staff communications shall not be tape-recorded in any form unless all parties to the communication consent. 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 of Otsego authorizes the City Administrator, Finance Director 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. 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 Statute 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, doctors 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 Finance Department staff are considered the official City Personnel files. 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 inead, at least ten (110) working days before leaving (thirty (30) 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 (and compensatory time if applicable) at the time City employment terminates. All benefit earning employees that the City determines, at its sole discretion, to pay for unused accrued PTO (and compensatory time if applicable) 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 (and compensatory time if applicable) 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 18 - MEDIA CONTACT/PRESS RELEASES 4 18-1 Formal news releases concerning municipal affairs are 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. 18-2. All news releases concerning City personnel shall be the responsibility of the City Administrator. No City employee is authorized to speak on behalf of the City without prior authorization from tine City Administrator or Mayor. SECTION 19 - PERSONAL TELEPHONE CALLS 19-1 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. 19-2 Any personal long distance call costs shall be paid for by the employee. SECTION 20 - CELLULAR TELEPHONE USAGE 20-1 This policy is intended to regulate the use of City -owned cellular phones within reasonable, practical parameters. As the number of available cellular telephones increases, and the efficiencies of cellular telephone usage becomes even more apparent, it is incumbent upon the City to establish reasonable guidelines for the use of cellular phones. The City of Otsego will benefit by extending the hours essential employees are available for consultation through the use of cellular phones. 20-2 This policy will apply to all City employees using or having access to City -owned cellular phones. 20-3 The following guidelines are established for the use of City -owned cellular phones: 1 Cellular phones are intended to be used to increase the efficiency and effectiveness of the services provided by the City of Otsego. As such, each employee using a cellular phone during the course of his/her workday must determine whether such usage is appropriate under the circumstances existing at the time of the usage. In making such as determination, employees must consider the cost of using the cellular phone in comparison with the cost and practicality of locating a customary telephone service. 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 phone service. 3. City employees having access to assigned City -owned cellular phones 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 cellular, hones shall remain the property of the City and shall be returned to the City upon the termination of employment or if the cellular phone is no longer necessary for work-related purposes. Any inappropriate use of phones may be subject to discipline and any additional charges will be paid by the employee. SECTION 21 - INTERNETIEMAIL 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 casual 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. Follow established network etiquette. Many sites have posted rules, which users must follow and all sites expect professional communication etiquette by all users. It is the user's responsibility to follow these rules of etiquette. 2. Safeguard confidential and non-public information. 3. 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. 5. Obey the law and regulations in their application to copyright, licensed software and data, 6. Access only non-commercial sites on the Internet. non-com mercial" = sites free of charge) 7. Downloading of software off the network is strictly prohibited without review and approval from the contracted IT staff; scan for viruses before opening 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/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 may -need to monitor use of computers, including Internet sites accessed, voicernail, and e- mail and to take action when violations of this policy or other city policies occur. 21-4.2 Supervisors may need to access an employee's voice mail and e-mail when the employee is on vacation, on a leave of absence, no longer working for them, or if there is concern of misuse. This will only be done when necessary, with proper authorization, and for City business purposes. These individuals are restricted from disclosing any information garnered as part of performing their duties unless warranted by the policies outlined herein or by law. 21-4.3 Since no computer system is completely secure, e -rail is not intended to transmit confidential or sensitive information. Such information may more appropriately be communicated in written form or through personal conversation, Employees may not intentionally intercept, eavesdrop, record, read, alter, or receive another person's e-mail messages without proper authorization. This authorization can only be given by the City Administrator. 21-4.4 Because email can easily transmit viruses that can infect our computer system, the following actions are required: 1 Do not answer electronic cards. Please direct all family and friends to email you on your home computer. 2. Do not open entails that are not work-related. 3. Do not use instant messaging (IM). IM sets up a portal into the system, which can be used by others to access the system. 4. Close all applications at the end of the day. SECTION 21 — 5 CONSEQUENCES OF MISUSE Abuse of this policy will be grounds for discipline in accordance with the City's Personnel Policies. 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 displayedon 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. 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 MAINTENANCE Vehicle maintenance shall be the responsibility of the Public Works Department. Employees or their supervisor shall work with the Public Works Department to schedule a mutual agreeable time for routine vehicle maintenance such as oil changes. The Public Works Department shall review all City vehicles monthly and/or quarterly and provide a written evaluation for each vehicle on a yearly basis to the City Administrator. SECTION 22 — 3 VEHICLE ACCIDENTS 22-3.1 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. 22-3.2 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. ACKNOWLEDGMENT have read and understand the terms of tete City of Otsego Personnel Policy dated ,August 2012. 1 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 FINA NCS` DEPA R T EN T.