02 04 Draft Personnel PolicyCITY OF OTSEGO
PERSONNEL POLICIES
Revised Date: August 2012
December 9, 2013
TABLE OF CONTENTS
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4 COMPENSATION-------------------------------------------------------------------------------------------------------------------11
4-1 General----------------------------------------------------------------------------------------------------------------------------------------11
4-2 Paychecks------------------------------------------------------------------------------------------------------------------------------------12
4-3 Overtime/Compensatory Time----------------------------------------------------------------------------------------------------12
Non -Exempt Employees-------------------------------------------------------------------------------------------------------------12
ExemptEmployees---------------------------------------------------------------------------------------------------------------------13
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PURPOSE AND INTENT ..........................................................................................................
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1 1
Purpose
I
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1-2
Intent---------------------------------------------------------------------------------------------------------------------------------------------
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1-3
Duration of Employment--------------------------------------------------------------------------------------------------------------
I
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1-4
City Council Responsibilities.......................................................................................................
1
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1-5
Applicability
1
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1-6
Non-Discrimination----------------------------------------------------------------------------------------------------------------------
2
1-7
Definitions------------------------------------------------------------------------------------------------------------------------------------2
1-8
Provisions Superseded in Certain Cases.......................................................................................4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
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3
EMPLOYEE RECRUITMENT AND SELECTION..............................................................
6
3-1
Scope---------------------------------------------------------------------------------------------------------------------------------------------6
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3-2
Features of the Recruitment System---------------------------------------------------------------------------------------------
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3-3
Examinations
7
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3-4
Unlawful Acts-------------------------------------------------------------------------------------------------------------------------------
8
625'
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
ExemptEmployees---------------------------------------------------------------------------------------------------------------------13
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4-4
4-5
5
5-1
5-2
5-3
5-4
5-5
6
6-1
Requirement to Work Overtime..................................................................................................14 Formatted: Tab stops: 0.5", Left + 1", Left +
Salary Review ............................................................................................................................. 14 � ,
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Meal Breaks and Rest Periods.................................................................................................... 15 Formatted: Line spacing: Multiple 12 li, Tab
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EMPLOYEE BENEFITS 15 at 625"
---------------------------------------------------------------- -----------------------------------------
Eligibility------------------------------------------------------------------------------------------------------------------------------------15
............................................................18
RetirementBenefits--------------------------------------------------------------------------------------------------------------------16
Public Employees Retirement Association.................................................................................16
Deferred Compensation--------------------------------------------------------------------------------------------------------------16
20 '
InsuranceBenefits-----------------------------------------------------------------------------------------------------------------------16
'
Medical and Dependent -Care Flexible Benefits Plans...............................................................16
Medical Expense Reimbursement Plan---------------------------------------------------------------------------------------17
21 '
Dependent -Care Assistance Plan ................................................................................................
17
Continuation of Benefits-------------------------------------------------------------------------------------------------------------17
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LEAVES OF ABSENCE----------------------------------------------------------------------------------------------------------18 at 625'
Vacation and Personal Leave------------------------------------------------------------------------------------------------------18
Vacation ...................................................................................................................................... 18 Formatted: Line spacing: Multiple 12 li, Tab
Personal Leave ............................................................................................................................ 18 stops 0.e Left + 1", Left + 6.
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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 '
HolidayOvertime------------------------------------------------------------------------------------------------------------------------20
6-3 Family and Medical Leave----------------------------------------------------------------------------------------------------------21
Reasons for Family and Medical Leave ......................................................................................
21 '
Service Member Family Leave---------------------------------------------------------------------------------------------------21
Definitions----------------------------------------------------------------------------------------------------------------------------------21
Eligibility------------------------------------------------------------------------------------------------------------------------------------
22
Lengthof Leave--------------------------------------------------------------------------------------------------------------------------
22
LeaveYear----------------------------------------------------------------------------------------------------------------------------------23
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Notice------------------------------------------------------------------------------------------------------------------------------------------
23
MedicalCertification------------------------------------------------------------------------------------------------------------------23
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Re-certification---------------------------------------------------------------------------------------------------------------------------
24
IntermittentLeave-----------------------------------------------------------------------------------------------------------------------24
Fitness for Duty Certification-----------------------------------------------------------------------------------------------------
25
JobProtection-----------------------------------------------------------------------------------------------------------------------------
25
Effecton Benefits-----------------------------------------------------------------------------------------------------------------------
25
RecordsRetention-----------------------------------------------------------------------------------------------------------------------26
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7 PERFORMANCE REVIEWS.................................................................................................32
7-1 Purpose........................................................................................................................................32
7-2 Guidelines...................................................................................................................................33
8
Failure to Return from FMLA Leave..........................................................................................
26
6-4
Administrative Leave..................................................................................................................27
6-5
Adverse Weather.........................................................................................................................27
37 '
6-6
Job -Related Injuries and Illnesses...............................................................................................27
37
6-7
Employees With Health -Related Work Restrictions..................................................................
28
6-8
Parenting Leave..........................................................................................................................
28
6-9
Emergency/Funeral Leave..........................................................................................................
29
6-10
Military Leave.............................................................................................................................
29
6-11
Jury Duty Leave..........................................................................................................................30
6-12
School Conference Leave...........................................................................................................31
40
6-13
ElectionsNoting.........................................................................................................................
31
6-14
Leaves of Absence Without Pay.................................................................................................31
7 PERFORMANCE REVIEWS.................................................................................................32
7-1 Purpose........................................................................................................................................32
7-2 Guidelines...................................................................................................................................33
8
EMPLOYEE EDUCATION AND TRAINING.....................................................................
33
8-1
Purpose and Guidelines...............................................................................................................33
9-2
PolicyGuidelines........................................................................................................................33
37 '
9-3
Administration Guidelines..........................................................................................................34
37
8-2
Memberships and Dues...............................................................................................................35
8-3
Travel Reimbursement................................................................................................................35
39
10-1
Purpose........................................................................................................................................
35
10-2
Procedures...................................................................................................................................
35
9
PUBLIC PURPOSE EXPENDITURES..................................................................................
37
9-1
General........................................................................................................................................37
9-2
Definitions..................................................................................................................................
37 '
9-3
Public Purpose Guidelines..........................................................................................................
37
9-4
Financial Considerations.............................................................................................................39
10
EMPLOYEE RESPONSIBILITY...........................................................................................
39
10-1
General........................................................................................................................................39
'
10-2
Citywide Work Rules and Code of Conduct...............................................................................40
Appearance.................................................................................................................................40
Attendance..................................................................................................................................
40
AbsenceProcedure......................................................................................................................40
10-3
Conflict of Interest......................................................................................................................41
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10-4
Receipt or Solicitation of Gifts---------------------------------------------------------------------------------------------------42
10-5
Political Activity-------------------------------------------------------------------------------------------------------------------------43
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11
HARASSMENT------------------------------------------------------------------------------------------------------------------------43
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11-1
General----------------------------------------------------------------------------------------------------------------------------------------43
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11-2
Sexual Harassment.........................................................................................................................I.-
54
Process----------------------------------------------------------------------------------------------------------------------------------------
Definition of Sexual Harassment------------------------------------------------------------------------------------------------44
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Examples of Inappropriate Conduct-------------------------------------------------------------------------------------------44
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16-3
Reporting and Investigation Requirements.................................................................................45
Wratten Reprimand ......................................................................................................................
50
Reprisal---------------------------------------------------------------------------------------------------------------------------------------
46
12
12-1
12-2
12-3
12-4
12-5
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DISCIPLINE-----------------------------------------------------------------------------------------------------------------------------
46
16-1
Data Practices Advisory ..............................................................................................................
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General46
Types of Data ..............................................................................................................................
54
Public------------------------------------------------------------------------------------------------------------------------------------------
54
WorkRule Offenses--------------------------------------------------------------------------------------------------------------------46
Private-----------------------------------------------------------------------------------------------------------------------------------------
54
Process----------------------------------------------------------------------------------------------------------------------------------------
50
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Oral Reprimand ...........................................................................................................................
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Wratten Reprimand ......................................................................................................................
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Employee Personnel Data ...........................................................................................................
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Personnel Data on Applicants for Employment..........................................................................
55
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Suspension----------------------------------------------------------------------------------------------------------------------------------
51
Discipline------------------------------------------------------------------------------------------------------------------------------------
51
Notice of Reasons for Termination.............................................................................................
52
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Reports of Disciplinary Action...................................................................................................52
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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
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Summary-------------------------------------------------------------------------------------------------------------------------------------
54
16-3
Public Personnel Data-----------------------------------------------------------------------------------------------------------------55
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Employee Personnel Data ...........................................................................................................
55
Personnel Data on Applicants for Employment..........................................................................
55
16-4
Access To Data---------------------------------------------------------------------------------------------------------------------------
56
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SECTION PAGE
17
Public.......................................................................................................................................... 56
60
Private......................................................................................................................................... 57
16-5
General Contents of Personnel Files........................................................................................... 57
16-6
Tape-recording............................................................................................................................58
16-7
Infortned Consent....................................................................................................................... 58
16-8
Security of Personnel Data.......................................................................................................... 59
16-9
Supervisory Files........................................................................................................................ 59
17
SEPARATIONS........................................................................................................................
60
17-1
Resignations................................................................................................................................60
17-2
Severance Pay.............................................................................................................................60
62
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
Consequences of Misuse.............................................................................................................
64
22 CITY VEHICLE USE.............................................................................................................. 64
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22-1 General........................................................................................................................................ 64 ' { Formatted: Tab stops: 6.38", Right,Leader:...
22-2 Vehicle Maintenance.................................................................................................................. 65 '
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22-3 Vehicle Accidents....................................................................................................................... 65 Formatted: Tab stops: 1", Left + 6.38",
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EMPLOYEE ACKNOWLEDGEMENT FORM................................................................................ 66
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0 014M ICOMM it" a01.yWMI13lem00I►YY
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.
0XON I11IM&A1►YYOWN I
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 ,,,,a th@ eity may to..m;naw &H iiia;. ;a,,,,i ,.;t, o pla liA@ t „t
„„ tim@ for- a*y wasam Except as otherwise prohibited by law, the City has the right to
terminate any employee at any time for any or no reason.
1-2.2 These policies are not an employment contract, nor should they be construed as one.
Personnel policies are adopted and applied at the discretion of the City Council and may
be withdrawn, applied, or amended at any time.
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_ creates
confusion to
have a
probationary
period. A
City does not
want to
create a
situation
where
SECTION 1-4 CITY COUNCIL RESPONSIBILITIES employee's
at will status
is only
probation
period.
of
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together
1-5.1 The provisions of these policies shall coverall zegalar" ara "pr-44lora--f"full time and
part time employees. Temporary/seasonal, intermittent and paid on call
employees are included except when specifically stated herein. Formatted: Indent: Hanging: 0.5°
1 -5.2 --Elected officials, ^R_4*..,,,.4,4,,1 i4id_i ,:4u*1 members of appointed City boards,
commissions, and committees, volunteer personnel, are subject to sections 9, 19, 20, 21
and 22. +i o 0 0 0 playoos ar-@ of;A,i h iii 4hv o o fth s no.s,,,,,,oi -Poli,..,
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.
1-62 No person shall be employed, promoted, demoted, or discharged by the City or in any
way favored or discriminated against because of political opinions or affiliations, race,
color, national origin, religion, sex, marital status, sexual orientation, status with regard to
public assistance or disability, or because of the exercise of rights under provisions of the
public Employment Labor Relations Act, Minn, Stat. 179A.01 to 179A25.
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For policy purposes, the following terms shall have the meanings given herein:
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"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).
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"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.
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"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.
11D1rrTTT AD rAT71T llA7T'1r 11 A- ------ __.1.._ 1,,,,, -11 -V,1--
-"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.
"SUPERVISOR'— A person designated as being responsible for a particular employee or group
of employees. A Supervisor can be anyone designated as such by the City Council and does not
have to be an Employee of the City, but may be a person with a contractual relationship with the
City.
"TEMPORARY/SEASONAL POSITION" - A group of duties and responsibilities requiring
employment of an individual for six months or less without regard to the number of hours
worked per day or per week by the individual.
"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
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SECTION 2-1 JOB DESCRIPTIONS
2-1.1 The City will maintain records of job titles and compensation by position and/or job Formatted: Tab stops: Not at 0.38°
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
budget ..,-eeess of as @@d@d P r to 411ing th@ p sit;,.,,
2-1.2 A classification is a group of positions sharing common duties and requirements. Formatted: Tab stops: Not at 0.38°
Positions within a class are assigned the same title and salary level -
2
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SECTION 2-2 ASSIGNING AND SCHEDULING WORK
Assignment of work duties and scheduling work is the responsibility of the supervisor_ s
to the, . al of the, .lep—m-t, ,o„t ho.,.l 1/ A.l,Y,inistr, ator
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SECTION 2 — 5 DEMOTION
2-5.1 Employees may be demoted if they have been found unsuited for the present position but Formatted: Tab stops: Not at 0.38°
may be expected to perform satisfactorily in a IESSprdifferent position. Employees may
also be demoted if their position(s) has been abolished or reclassified to a lower class.
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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.
�yxomI[tt1►[MMIWMIN ItiN0M- 11] aIIIof III D[y:UlIIu13120ILIV]lDh051
3-2.1 R@g laf Posit;,,,, V,,,.,,,,,.y A,,,,,,,,, ,.o,,,o . Position vacancies, for regular full-time and
part-time positions, will normally be published by posting announcements on the City
website_ for- 4 1@ast t@ (1 n` i4ays. 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.
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3-2.3 Appointments and promotions in the City service shall be made according to merit atm Formatted: Tab stops: Not at 0.38°
44; ass -related to the position being filled. 3.4wai t positions *1411 ho r;no 1 0 idla f
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3-2.4 Position vacancies may be filled on an "acting" basis as needed prior to filling a position Formatted: Tab stops: Not at 0.38°
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.
SECTION 3-3 EXAMINATIONS
3-3.1 Applicant qualifications will be evaluated in one or more of the following ways:;
training and experience rating; written test; oral test or interview; performance or
demonstrative test; physical agility test, or other appropriate job-related exam.
3-3.2 Any tests for appointment in the City service shall be competitive tests which shall be
open only to applicants who meet the minimum qualifications as stated on the job
posting, or qualifications determined to be equivalent by the City Administrator.
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3-3.8 The City Administrator shall establish minimum qualifications for each position with Formatted: Tab stops: Not at 0.38°
input from the appropriate department head. All candidates must meet the minimum
qualifications to be eligible to participate in the selection and testing process.
SECTION 3--4 UNLAWFUL ACTS
Falsification of records_ No person shall knowingly make any false statement, certificate, mark,
rating, or report in regard to any test, certificate, or appointment held or made under the city
personnel system, or in any manner commit or attempt to commit any fraud preventing the
impartial execution of the provisions of this policy.
SECTION 3-5 PRE-EMPLOYMENT MEDICAL EXAMS
3-5.1 The City Administrator may determine that a pre-employment medical examination, Formatted: Tab stops: Not at 0.38°
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 Formatted: Tab stops: Not at 0.38°
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 Formatted: Tab stops: Not at 0.38°
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 Formatted: Tab stops: Not at 0.38°
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.
0014NI1110 cM�y0111x4M9111 1
3-6.1 The selection process will be a cooperative effort between the City Administrator and the Formatted: Tab stops: Not at 0.38°
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
Formatted: Font: 10 of
always has
candidate or candidates to the City Council who has final authority on all hires and
the option of
not hiring
promotions. T -h@ City Gao*eil ffiay @!@et to r ^ll ^rtho e, d—id;4to,; fi r
the finalist
and may
interview all
3-6.2
l paft t;4'Ap-, ,,,,a ;,,te-44:,;,+o„t ..finahs
Hiring of seasonal, employees may be
Formatted: Tab stops: Not at 0.38°
ref
delegated to the department heads or their designee upon approval of the City Council.
the
These latter appointments may be terminated by the department head at any time, subject
personnel
SECTION
to City Administrator approval.
1JL R0RT_ OF RVR9QNNV1r GUANG>cc
2-0—ti—& Formatted: Font: 10 pt
th@ City shall aoorn r
SECTION 3-8 EMPLOYMENT OF FAMILY MEMBERS
3-8.1
The City of Otsego is committed to the policy of equal opportunity when hiring,
Formatted: Tab stops: Not at 0.38°
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
Formatted: Tab stops: Not at 0.38°
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
Formatted: Tab stops: Not at 0.38°
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
Formatted: Tab stops: Not at 0.38°
family while that elected official is in office nor for a minimum 180 days after an elected
official is no longer in office.
Formatted: Font: Not Bold
SECTION 3-9 AFFIRMATIVE ACTION/EEO POLICY STATEMENT
3-9.1
There shall be no discrimination of employees or applicants for employment based on
Formatted: Tab stops: Not at 0.38°
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.
3-92 Such employment practices include, but are not limited to, the following: hiring, Formatted: Tab stops: Not at 0.38°
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 Formatted: Tab stops: Not at 0.38°
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 s@* 4944 ;4, this cr@r@4",@4,r @4,4U7@4 will be subject to
disciplinary action.
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@fff rh@ 4@p ft+ @4,r h@@,1 ;11 +na4L@ rh@ 454,.11 ,1@,.;�;@„ @ 1� h@rh rh@ @ pjay@@ will
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10
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 wageor- salary so est. blis1,v.1 is tl,o total , ration
'
glat fflay h_@ n ., va +,,,. too , „44-ot of A ffiei„ i hu-si„os 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.
4-1.4 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 of compensato , time e 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.
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 As provided for in Minnesota law, all employees are required to participate in direct
deposit. Employees are responsible for notifying the city administrator of any change in
status, including changes in address, phone number, names of beneficiaries, marital
status, etc. n,,.,,.h @eks ar-@ oomially ; oa o o , ,., we -p -les. Dist -4-4-h-1-4440+1 ;„r „+ p,,.,,.h@61'
11
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0.5'
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0.75' + 1.13" + 1-5"
4-2.3 Employees are responsible to notify the Finance Department of any change in status Formatted: Tab stops: Not at 0.38°
including changes in address, phone number, names of beneficiaries, marital status, etc.
SECTION 4-3 OVERTIME/COMPENSATORY TIME
4-3.1 The City of Otsego has established this overtime policy to comply with applicable state
and federal laws governing accrual and use of overtime. The City Administrator or
designee will determine whether an employee is designated as "exempt" or "non-
exempt", pursuant to the Fair Labor Standards Act.
4-3.2 Non -Exempt (Overtime -eligible) Emplovees:
A. All overtime -eligible employees will be compensated at the rate of time
Formatted: Indent: Left: 0.5', Hanging: 0.5%
and one-half for all hours worked over 40 in one workweek. PTO time does not
Tab stops: 1", Left + Not at 0.75°
count toward "hours worked" except during non-scheduled emergencies as
determined by the City Administrator or Department Head Ar a iA-r �„t.r,. 1a4944vs
ls. Holidays will count as time worked for purposes of computing overtime
for non-exempt employees.
Formatted: Indent: Left: 0.5% Tab stops: V,
B. Compensation will take the form of either time and one-half pay or compensatory
Left + Not at 0.75°
time. Compensatory time is paid time off at the rate of one and one-half hours off
Formatted: Indent: Left: 05% Hanging: 0.5",
for each hour of overtime worked. When earned compensatory time hours are
Tab stops: 1", Left
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 Formatted: Indent: Left: 0.5', Hanging: 0.5°,
may exceed 40 hours only under circumstances that are determined to be public Tab stops: 1", Left
safety emergencies. Compensatory time may be earned from December 1 through
November 30 each year. By November 30th 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.
12
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 Formatted: Indent: Left: 0.5', Hanging: 0.5'
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.
14a o pt stag ai-7o rod to , ,,;a ,o .,o .,, o ,,, b'as o
of away ff am th@ 44e@ for- four- (4) haur-s or- marv, an a giv@ii day, unl@ss th@ (44-Y
aPPf-@N'@S HRAbsences of less than four (4) hours do not
require use of paid leave as it is presumed that the staff member regularly puts in
extra hours above and beyond the normal forty (40) hour work week. Over a
sustained year period, it is expected that salaried employees shall put in at least as
many hours as would an hourly employee considered to be full-time.
C. The City 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
13
Formatted: Indent: Left: 1"
Formatted: Indent: Left: 0.5', Hanging: 0.5'
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 Formatted: Indent: Left: 0.5', Hanging: 0.5°,
(or department head) must give specific approval prior to its being worked. Pre- Tab stops: Not at 0.75°
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 Formatted: Indent: Left: 0.5', Hanging: 0.5'
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.
Formatted: Font: Not Bold
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 pr -i !@g@ „rt -„v;,,,. two fifteen (15) minute breaks during each work
shift of eight (8) or more hours at a time specified by theme
s�Department Head. A fifteen (15) minute break is measured from the time work
is stopped until it is resumed. Break times may not be used to shorten the workday (e.g.
Saving the two fifteen minute breaks to the end of the day and leaving after 7 'h or 8 'h
hours - 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, so4gjM to ee-iiw„t by th@ C4)
. 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.
14
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. Employees may not use a City Vehicle for the sole purpose of driving to lunch or
other personal errands. 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 working thirty (30)
hours a week and not seasonal. o @pt *ori o i ntfaet f)ftA tiMP i „ao.. 24
5-12 Employees who are hired for part time positions of 2430 or more hours per week are Formatted: Tab stops: Not at 0.38°
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.
5-1.3 Seasonal employees are not entitled to benefits, unless specifically provided herein.
SECTION 5-2 RETIREMENT BENEFITS
5-21 –Public Employees Retirement Association (PERA):
All persons, with the possible exception of the City Administrator pursuant to State law,
hired for regular full and part time positions and certain temporary/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 Deferred Compensation:
Deferred compensation plans, which defer a portion of the employee's income for
retirement purpose and shelters such deferred amounts from state and federal taxes, may
be made available to all ro olaf aH4 pfab4iati y 4441 time-�benefit-earning pag tim@
City employees.
Formatted: Font: Not Bold
SECTION 5-3 INSURANCE BENEFITS
5-3.1 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.
15
5-32 Insurance:
A. Employees are eligible for insurance Formatted: Indent: Left: 0.5', Hanging: 0.5'
coverage under the City -sponsored plans. Part-time employees hired to work 24
30 or more hours per week may elect to be covered under these insurance plans.
City contributions for ,.og laf a -R p -ab do , f, 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. T -h@ disability ,.av@r-ag@
pays o@Wy lam@ is leo,.ipmi,,g a th@ fifst ,lay of ,usability e oa 1.y
f th@ @igh4h ,lay Of ,usability. ,.ltjffg ffO 1;iR1C401;s
D. The City of Otsego, as required b,, l�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 groM 121an for limited periods of time.
Minnesota Continuation Law provides for continuation of group life insurance for
a maximum of 18 months. An administrative fee mayW121y to continuation of
benefits.
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.
5-42 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 Formatted: Indent: Left: 0.5', Hanging: 0.5'
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
16
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 6-1 PERSONAL TIME OFF LEAVE
6-1
PTO will accrue according to the following schedule for regular and probationary full-time
employees. Eligible part-time employees working a minimum of 24 twenty (20) hours per week
will receive pro -rated leave based on their scheduled hours. Seasonal employees do not qualify
for the benefits in Section G. PTO Schedule:
BENEFIT ELIGIBLE YEARS ACCRUAL PER PTO HOURS
OF EMPLOYMENT PAY PERIOD PER YEAR
0 through 1 year 4.00 hours 104 hours
17
Formatted: Font: Not Bold
Comment [JM 01 I: Minnesota statutes also
provide for the following:
12. Nursing mothers
Minn. Stat. § 181.939.
"Break time for Nursing Mothers Under the
FLSA." U. S. Department of Labor Fact Sheet
#73, August 2013.
An employer must provide reasonable unpaid
break time for nursing mothers to express milk for
nursing their child for one year after the child's
birth. The employer must also make a reasonable
effort to provide a room (other than a bathroom)
as close as possible to the work area where the
nursing mother can express milk in private. All
cities are covered if they employ one or more
employees.
1. Bone marrow donations
Minn. Stat § 181.945.
An employer, including cities, must grant paid
leaves of absence to an employee who seeks to
undergo a medical procedure to donate bone
marrow. The length of the leave is determined by
the employee, but may not exceed 40 work hours,
unless agreed to by the city. The 40 hours for
bone marrow donation leave is additional paid
leave so those hours are over and above the
amount of accrued time the employee has earned.
The city may require a physician's verification of
the purpose and length of each leave requested to
donate bone marrow. If there is a medical
determination the employee does not qualify as a
bone marrow donor, the paid leave of absence
granted to the employee prior to that medical
determination is not forfeited. This requirement
applies to employers with 20 or more employees.
2. Organ donation leave
Minn. Stat § 181.9456.
An employee who works an average of 20 hours
or more per week at a city that employs 20 or
more employees at least at one site is entitled to
paid leave for organ donation up to 40 hours. The
40 hours for organ donation leave is additional
paid leave so those hours are over and above the
amount of accrued time the employee bas earned.
3. Blood donation leave
Minn. Stat. § 181.9458.
Cities may, but are not required to, provide paid
leave for an employee to donate blood.
Formatted: Font: Bold
2 through 5 years 6.77 hours 176 hours
6 through 9 years 8.00 hours 208 hours
10 through 14 years Eight hours additional for each year
15+ years 9.85 hours 256 hours
The City Administrator can start a new employee at a higher PTO accrual rate subject to City
Council approval. Changes in accrual rate will occur on the employee's anniversary date.
6 -1.2 --Guidelines for PTO:
A. PTO can be used for any reason. PTO shall be scheduled in advance and Formatted: Indent: Left: 0.5', Hanging: 0.5'
approved by a sLipervisor 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.
D. PTO cannot be used when an employee is receiving short term or lona term
disability pUments unless the STD/LTD payment is less than the employ, e�1ay
for the same period in which case the short fall may be made up with the use of
PTO.
6-1.3 -Administration of PTO:
The following procedures shall be followed in administering PTO:
A. Employees may not use PTO in excess of the amount they have accrued.
B. PTO cannot be transferred from one employee to another.
C UTO s;14„11 o a,, -ilig th@ r..,,i.,,t;,,,,, of p@ „a 4e o er PTO shall not be
available for use until after the first six months of employment unless approved
by the City Administrator.
18
Formatted: Indent: Left: 0.5', Hanging: 0.5'
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.
Formatted: Font: Not Bold
SECTION 6-2 HOLIDAYS
The following holidays are observed by the City:
New Year's Day (January 1 st)
Martin Luther King, Jr.'s Birthday (third Monday in January)
Presidents Day (third Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4th)
Labor Day (first Monday in September)
Veteran's Day (November 11th)
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 42451040 hours per year
(average of X20 hours per week) will receive pro -rated paid holidays; hours of holiday
pay will be pro -rated according to the number of hours worked. Temporary and
seasonal employees are not eligible for paid holiday leave.
An employee is entitled to holiday pay if he/she has worked or has used other paid
leave his/her last scheduled day prior to and his/her first scheduled day after the official
holiday.
Formatted: Indent: First line: 0"
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
19
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
The City is not subject
to FMLA leave . Formatted: Indent: Left: 0", Tab stops: Not at
requirement. 0.38"
Formatted: Font: 10 pt
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 (must conclude within twelve (12) months after Formatted: Indent: Left: 0.5', Hanging: 0.5°,
the birth or placement), pre -natal care or incapacity due to pregnancy, Tab stops: Not at 0.38° + 063"
B. Placement of a child with the employee for adoption or foster care must
concluded within twelve (12) months after the birth or placement);
Comment [AS2]: Per Statute. See
C. To care for a spouse, son, daughter or parent who has a serious health condition; pdf "w.d°Lg° iwha regsie°mPt�an°eiwhaf5zaf.
P
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
20
for the service member with a serious active -duty -related illness or injury (see defmition below).
The leave described in this paragraph shall only be available during a single 12 -month period.
The leave is allowed once per service member and once per injury.
6-3.3 Under the FMLA, the following 4efinitions'
"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.
Comment [AS3] : I would delete this entire
section. It's not a total list of the definitions; the
ones included vs. left out are arbitrary; they're
difficult to verify/update. If an employee is really
curious, they would be better off just looking at the
statute.
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.38"
Formatted: Indent: Left: 0.5", Tab stops: Not
at 0.38"
...........
Formatted: Indent: Left: 0.5", Hanging: 0.5"
The term "serious injury or illness", in the case of a member of the Armed Forces, means Formatted: Indent: Left: 0.5"
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.
Formatted: Not Highlight
Comment [AS4]: The actual definition ofthis is
really long - see 29 CFR 825.102
101 (a) (13) 444@ 1 n 1-414o,1 C4n4on Gadp
ro�rr�-fro ccoz-�ccscvr��cr� - Comment [ASS] : This helps no one
The term "covered service member" means a member of the Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the
temporary disability retired list, for a serious injury or illness.
21
6-3.4 Eligibility:
An eligible employee is one who has worked for the City for a cumulative period of twelve (12)
months and worked at least 1,250 hours for the City during the twelve (12) month period prior to
requesting the leave. 144itafy s^ ^ sh— ^ t,t t^.,,,, .,l th^ , t,th 1,250 hau • s^ ^
aff
twl „t-,1 th^ +t ^l. ^ (12) ffi t,th 1,250 h,»„
�.5 Leng4h Of Leave-.
�.
A The length of RART A leave ( ^^tit f Afilitar-y Car-egiver-..,,,-poses) ; of to ^ ^^.1
Of.,1.,,.^tti,^t4 Of ., ,.1„1,1 ^ S tW ^1..^ (12) tom, „thy .,#^,- t-4@ h -i -th o v,jaO@tom,^t,t „f AV ,.1„1,1
R T --h@ liength of fa f T444ai !''.,,-^,.;�. ..,., ,.t t„ ^ ^^,1 76 . ^^L� ;
a. ^
t., ^l. ^ (1 2) .., t,th pier—^d.
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.38"
Comment [AS6]: For purposes ofan employee
handbook, just stick with the general rule. When
you start hying to put in exceptions, you run the risk
of over -simplifying the exception, and you make
people wonder why you chose to include one
exception but not another.
Formatted: Tab stops: 0", Left + Not at
0.38"
Formatted: Tab stops: 0", Left + Not at
0.38" + 0.5"
Formatted: Tab stops: 0", Left + Not at
0.38"
Formatted: Indent: Left: 0", First line: 0",
Tab stops: 0, Left + 0.75", Left +Not at
0.63"
.,th .,T.... ^ - TiT;l;taf,
G- G—R-mb-itip-d T ^ ^ Total Ptifing
thie singliez_ pie ad -
!@a -N'^ „ t„1 ^t• .,.,t•.,..t aph A Elff fifig a -By Oth ff 1 7 "" „t,th t,^t-t,.,1 I
Comment [AS7] : Redundant; you said all ofthis
above already
6-3.6 Leave Year:
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.38"
The leave year begins on the first day of an employee's leave and continues for 12 consecutive
Formatted: Indent: Left: 0", Tab stops: Not at
months thereafter for purposes of this policy.
0.38°
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 beginif the need for leave is foreseeable. The thirty (30) day notice
requirement can be waived by the City if circumstances warrant.
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.38"
Comment [AS8] : Based on statutory language;
29 CFR 825.302 ; see
http://www.dol.gov/whd/regs/complimee/1421.htm
Formatted: Indent: Left: 0", Tab stops: Not at
If an employee fails to give thirty (30) days notice for a foreseeable leave with no reasonable 0.38°
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: Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.38"
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.
22
It is to be completed by the attending physician or practitioner and submitted to the City
Administrator withinwti ifteen 15 ays after requested, or as soon as is reasonabl
practicable.
It must include enough facts to determine whether the certification is sufficient to warrant the
leave of absence.
Comment [AS9] : Change to statute; see
htti)7//www.dol.jzov/whd/rejzs/comvliance/1421.htTn#
22g / 29 CFR 825.305 sub 2
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 theFormatted: Indent: Left: 0.5", Hanging: 0.5°,
son, daughter, parent, or spouse who has a serious health condition, it must show Tab stops. Not at 0.38" + 0.75"
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
23
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops Not at 0.38"
Formatted: Indent: Left: 0", Tab stops Not at
A_ For an employee with a serious health condition, it will be sufficient if it states:
0.38°
Formatted: Indent: Left: 0.5", Hanging: 0.5",
•
1 _ the date on which the serious health condition commenced;
.
Tab stops Not at 075"
Formatted: Indent: Left: 1", First line: 0"
2. the probable duration of the condition;
3_ the appropriate medical facts within the knowledge of the health care
Formatted: Indent: Left: 1", Hanging: 0.5"
provider regarding the condition;
B_ For a leave for care for a son, daughter, spouse, or parent, it must provide an
Formatted: Indent: Left: 0.5", Hanging: 0.5"
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 theFormatted: Indent: Left: 0.5", Hanging: 0.5°,
son, daughter, parent, or spouse who has a serious health condition, it must show Tab stops. Not at 0.38" + 0.75"
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
23
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops Not at 0.38"
health condition. �n general, the City may request recertification no more often than every thirty
30 days Comment [AS10]: 29 CFR 825.308(a)
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 Duty Certification:
The City may require a medical certificate attesting to the employee's fitness for duty prior to
return to work. The fitness for duty report must be based on the particular health condition(s) for
which the leave was approved and must address whether the employee can perform the essential
functions of the job_ The City Administrator may consult with a physician or other expert to
determine reasonable accommodations for any employee who is a "qualified disabled" employee
under the ADA (Americans with Disabilities Act). If a fitness for duty certification is required,
the City may deny reinstatement until it is provided.
6-3.12 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.
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.38"
Formatted: Tab stops: Not at 0.38"
Formatted: Indent: Left: 0", First line: 0",
Tab stops: Not at 0.38"
6-3.13 Effect On Benefits: Formatted: Indent: Left: 0", First line: 0",
Tab stops: Not at 0.38"
A_ Health and Dental Insurance - An employee granted a leave under this policy will Formatted: Indent: Left: 0.5", Hanging: 0.5°,
continue to be covered under the City's group health and dental insurance plan Tab stops: Not at 0.38° + 0.75°
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_
24
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. Seniority - Seniority does not accrue during the period of unpaid Family
and Medical Leave (except as allowed during a parental leave, USERRA or when
the leave is covered by Worker's Compensation). However, seniority accrued
prior to commencement of FMLA leave will not be lost.
Formatted: Indent: Hanging: 025', Tab
stops: Not at 0.38"
Formatted: Indent: Left: 0.5, Hanging: 0.5,
Tab stops: Not at 0.38" + 0.5 + 0.75'
__C. Use Of Accrued Compensatory Time Or Paid Leave During Family And Formatted: Indent: Left: 0.5, Hanging: 0.5°,
Medical Leave - During the Family and Medical Leave, employees must use their Tab stops: Not at 0.38" + 0.5 + 0.75
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. Training - Employees who have missed training sessions while on FMLA leave
will be given a reasonable opportunity to make them up.
6-3.14 Records Retention:
Records on FMLA leave will be kept along with normal payroll records except that any medical
record will be maintained separately as a confidential medical record in accordance with the law.
Formatted: Indent: Left: 0", Hanging: 0.5,
Tab stops: Not at 0.38"
6-3.15 Failure To Return From FMLA Leave: Formatted: Indent: Left: 0", Hanging: 0.5°,
Tab stops: Not at 0.38" + 0.5
A. Employees who cannot return from an approved Family and Medical Leave at the Formatted: Indent: Left: 05% Hanging: 05%
end of the approved leave period must request an extension (up to the maximum Tab stops: Not at 0.38° + 0.75°
of twelve (12) weeks allowed). If the twelve (12) allowable weeks have already
been used, the employee can request to go on a regular unpaid leave of absence.
25
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 Formatted: Indent: Left: 0.5', Hanging: 0.5'
requesting additional leave, a retroactive leave request may be allowed, subject to
the City Administrator's approval.
D. If an employee fails to return from an FMLA leave and is determined to have Formatted: Indent: Left: 0.5', Hanging: 0.5°,
voluntarily quit as described above, the City may seek reimbursement from the Tab stops: Not at 0.38°
employee for the portion of the premiums paid by the City on behalf of that
employee during the period of leave.
Section 6-4- ADMINISTRATIVE LEAVE
Under special circumstances, the City Administrator or City Council may, at the City's
discretion, place an employee on an administrative leave pending the outcome of an internal or
external investigation or criminal proceeding and for disciplinary reasons. The leave may be
paid or unpaid, depending on the circumstances, as determined by the City Administrator.
Section 6-5 ADVERSE WEATHER
City facilities will be open during adverse weather. Due to individual circumstances, each
employee will have to evaluate the weather and road conditions in deciding to report to work (or
leave early). Employees will be paid for hours worked. Public works maintenance, utilities and
park employees would generally be required to report to work regardless of conditions.
The City Administrator will decide whether conditions indicate a general excused absence for
those unable to report to work due to the adverse weather. Employees shall take PTO or use
compensatory time if eligible, or unpaid time. Decisions to cancel departmental programs
(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 Formatted: Tab stops: Not at 0.38°
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 his/her
supervisor (and the managed care provider) of the action taken.
26
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 Formatted: Tab stops: Not at 0.38°
according to applicable State and Federal laws, and requirements of the City's Worker's
Compensation Administrator.
SECTION 6-7 —EMPLOYEES WITH HEALTH-RELATED WORK Formatted: Left, Tab stops: Not at 0.38"
RESTRICTIONS
6-7.1 At times employees may require job modifications, a leave of absence, or other action Formatted: Tab stops: Not at 0.38°
due to an injury, illness or a medical or psychological condition preventing them from
performing one or more of their required duties. Employees are responsible for notifying
their supervisor of any need for job modification or leave of absence. Each situation will
be evaluated on a case-by-case basis consistent with applicable State and Federal laws.
Medical documentation may be required.
6-72 Job modification, leaves, or other action may also be required when an employee cannot Formatted: Tab stops: Not at 0.38°
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 perform the job or parts of the job safely.
6-7.3 The City Administrator will advise supervisors and department heads as to appropriate
actions to take and/or job modifications needed. Job modifications will normally be
temporary in nature unless required to be otherwise by law. At times, an outside resource
may be called to assist in determining appropriate action. This may include the
employee's physician, a City -appointed physician or psychologist, or a rehabilitation or
occupational medicine specialist.
Formatted: Tab stops: Not at 0.38"
Formatted: Font: Not Bold
SECTION 6—_ 8_—PARENTING LEAVE
Comment [AS11]: Statute says
"an average number of hours per week equal to one-
half the full-time equivalent position in the
employee's job classification as defined by the
employer's personnel policies or practices or
pursuant to the provisions of a collective bargaining
agreement"
Formatted: Tab stops: Not at 0.38"
Comment [AS12]: https://www.revisor.mn.gov/s
tatutes/lid=181.941
Comment [AS13]: https://www.revisor.mn.gw/s
tatutes/lid=181.941
6-8.1 Under Minnesota law, Employees who work twenty (20) hours or more per week �nd
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 sig elve
U21weeks, and must begin within twelve (12) months of the birth or adoption or, where
the child must remain in the hospital longer than the mother, within twelve (12) months
after the child leaves the hospitals* mA_ro t—h—A x (6) w @@ks a-vr w 194th ,,40rt:,,,, Of
thp child.
27
6-8.2
Employees are not required to use PTO during parental leave but may use it at their
Formatted: Tab stops: Not at 0.38°
Funeral Leave
Employees will be permitted to use up to three
option for any period of this leave.
comment [As14]: https://www.revisor.mn.gov/s
SECTION 6-10 MILITARY LEAVE—
-
funeral leave upon the death of an immediate
family member. This paid leave will not be
tatutes/?id=181.941
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
statute says "An employer must grant an unpaid
leave of absence to an employee ... "
municipality who is a member of the National Guard, the Naval Militia, the Officers
coverage and City contributions will remain in effect during the si*(6) yelve (12) week
since PTO is not regulated by any statute, I don't see
leave approved, will be determined by the
supervisor or city administrator depending on
individual circumstances (such as the closeness
leave.
why you couldn't require that the employee use it in
(15) days In any calendar year.
This is a policy we recently reviewed for
another city_
connection with this time off. However, if the
employee has not accumulated enough PTO to cover
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
the entire Parenting Leave time, you must allow
them to take the rest of the time off with unpaid
leave.
eligibility for either leave expires.
Formatted: Tab stops: Not at 0.38"
-8.5
Seniority will continue to accrue during the s:xtwelve (12) week parental leave for
Formatted: Tab stops: Not at 0.38°
eligible employees. Employees, who are not covered under the law, may receive up to a
Formatted: Tab stops: Not at 0.38°
maximum of two (2) weeks unpaid leave that is not adjusted for seniority with
comment [As15]: Not required by statute
authorization of the department head and City Administrator.]
Comment [JM 0161: Funeral leave, whether
(SECTION
6-9 EMERGENCY/FUNERAL LEAVE
-
paid or unpaid, is not required by state
statute. The League of Minnesota cities notes:
Funeral leave varies from city to city. It can be
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
difficult to administer because it requires the
city to make subjective judgments about
employees' personal lives. For that reason it is
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
very important to clearly define the parameters
of this kind of leave.
Who is eligible to use funeral leave?
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
For whom may funeral leave be usedimmediate
(immediate family, relatives, etc.)?
How is funeral leave earned?
Family and Medical Leave.
Is this completely separate from other leaves
or is the time taken from an employee's
vacation or sick leave bank?
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
Does funeml leave accrue from year to year?
• What if the employee has more than one
cause to use funeml leave in the space of one
spouse. Relatives of the employee other than those above listed shall not be considered
11
members of the immediate family for the purposes of this policy.
year?
•How is funeral leave requested?
who has the authority to approve, extend,
and/or question the use of funeral leave?
6-9.3 Paid emergency/funeral leave may be granted for one or two workdays where the
The League's Model policy reads:
su
supervisor concludes such leave is warranted.
11
Funeral Leave
Employees will be permitted to use up to three
(3) consecutive working days, with pay, as
SECTION 6-10 MILITARY LEAVE—
-
funeral leave upon the death of an immediate
family member. This paid leave will not be
deducted from the employee's vacation or sick
6-10.1 Minnesota Statutes Section 192.26 and 192261 provide that an employee of any
leave balance.
municipality who is a member of the National Guard, the Naval Militia, the Officers
The actual amount of time oft, and funeral
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
leave approved, will be determined by the
supervisor or city administrator depending on
individual circumstances (such as the closeness
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
di thecelto theve, arrangements to be made'
distance to the funeral, etc.).
(15) days In any calendar year.
This is a policy we recently reviewed for
another city_
Funeral Leave
Formatted: Tab stops: Not at 0.38"
28
6-10.2 In accordance with State Law, the employee shall be granted an unpaid leave of absence Formatted: Tab stops: Not at 0.38°
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 r ho lo,,.,o of a-bs@ e@ is ,,,,h. in thv o..v„t tho @mploy@@ ot1ims t,, om..1,.,,,f,o + , __ __ Formatted: Tab stops: Not at 0.38„
0,1;.1t@1y , „ ho;,,,. ,-vl; v..v,l -4-A-4-:A ,f,;1;taff OF 'a „to,l f Of
rod Jay tho f)FOP@F 11thOFit1, t,. ,. „t;„110 i44 flfl;1;t ffll" O 1.11 S v b@yo,,,1 thou
44@@1 ( 5) day p@Fi,,,1 alto ,o,l foF tho paid 10.1..0 of 1 0 o I Such leave shall not be comment [AS17]: wording unclear
allowed unless the officer or employee (1) returns to the public position immediately on
being relieved from such military or naval service and not later than the expiration of the
time limited by state statute for such leave, or (2) is prevented from so returning by
physical or mental disability or other cause not due to the officer's or employee's own
fault, or (3) is required by proper authority to continue in such military or naval service
beyond the time limited by state statute for such leave. Notice shall be given the comment [As1 8] : copied from statute -
Employer at least fifteen (15) working days in advance of the requested leave. Notice https://www.revisor.mn.go"/statutes/9id192.26
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 .20-21- ^^a 210-21^^316.
-10.5 Employees on authorized military leave shall receive the difference between their normal Formatted: Tab stops: Not at 0.38°
salary and military pay for the approved period. The City cannot require that an employee
on military leave use accrued paid leave. comment [As19] : is the city really intending to
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 6-3 Family and Medical Leave.
pay an individual for up to 4 yeais7 This is not a
statutory requirement for unpaid leave. And the paid
leave statute does not allow the city to split the
difference.
Formatted: Tab stops: Not at 0.38"
Formatted: Font: Not Bold
SECTION 6-11 JURY DUTY LEAVE
6-11.1= Full time and benefit -earning part-time employees shall be granted paid leaves of
absence for required jury duty provided that such duty does not exceed one hundred
twenty (120) hours in any one calendar year. Employees shall receive that portion of their
regular straight time pay that will, together with their jury pay, equal their total
compensation for the same period.
The time spent on jury duty shall not be counted as time in computing overtime.
Employees excused or release from jury duty during their regular working hours shall
report to their supervisors immediately thereafter.
29
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 Formatted: Tab stops: Not at 0.38°
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 Formatted: Tab stops: Not at 0.38°
for City -related business. Any compensation received for court appearances (e.g.
subpoena fees) arising out of or in connection with City employment, minus mileage
reimbursement, must be turned over to the Finance Department.
SECTION 6-12 SCHOOL CONFERENCE LEAVE
Any employee who has worked half-time or more 4-16F p- thffl; 4;*@A,@ (1 2) „tiN,@ ,r rths,
may take unpaid leave for up to a total of sixteen (16) hours during any twelve (12)
onth period o attend school conferences or classroom activities related to the employee's child
(under 18 or under 20 and still attending secondary school), provided the conference or
classroom activities cannot be scheduled during non -work hours. Verification may be required.
SECTION 6-13 ELECTIONS/VOTING
Comment [AS20]: https://www.revisor.mn.gov/s
tatutes/lid=181.9412 - "For purposes of this sectioq
"employee" does not include the requirement of
section 181.940 subdivision clause (1)."
Comment [AS21]: https://www.revisor.mn.gov/s
tatutes/7id=181.9412
6-13.1 An employee who is selected to serve as an election judge pursuant to M.S. Section Formatted: Tab stops: Not at 0.38"
2041321 subd. 2, will be allowed time off without pay for purposes of serving as an
election judge, provided that the employee gives the Citytwent 20 ays comment [AS22]: https://www.revisor.leg.state.
written notice. mn.us/statutes/lid=200.195
6-13.2 All employees who are eligible to vote at a regularly scheduled state primary or general Formatted: Tab stops: Not at 0.38"
election, an election to fill a vacancy in the office of United States senator or United
States representative, or an election to fill a vacancy in the office of state senator or state
representativgSt„tv g@ @F l @i@etiai at &H @1@e4;,.,, to 411- _avaeafley iff th@ „ff;,.o 4114;4M
, shall be allowed time off comment [AS23]: haps://www.revisor.leg.state.
with pay to vote during the morning of election day. mn.us/statutes/7id=204c.04
SECTION 6-14 LEAVE OF ABSENCE WITHOUT PAY This section is optional Formatted: Font: 10 pt
6-14.1 This section sets forth policy regarding leave without pay and shall generally be followed Formatted: Tab stops: Not at 0.38”
to promote fairness and consistency. However, nothing in this policy shall limit the City's
authority to make additional reasonable accommodations as may be necessary and which
do not result in hardship to the City.
6 -14.2 --Supervisors may, giving consideration to the needs of the City and the ability of the
remaining staff to accomplish work responsibilities, authorize regular employees to be
30
absent without pay for personal reasons for a period or periods up to a total of ten (10)
working days in any calendar year. Requests for leave of absence without pay in excess
of ten (10) days and up to 30 days in a calendar year must be approved in advance by the
City Administrator.
Leave without pay for 30 days or more must be approved by the City Council. Employees
are not eligible for leave of absences beyond one year - including paid and unpaid leave
time combined.
6-14.3 Employees shall request such leaves of absence without pay in writing in advance of the
desired date indicating the reason(s) for absence, the specific absence period and
anticipated date of return to work. The City Cou*e1 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 is receiving LTD (See Section 5-5.2) or unless otherwise required by law.
Employees will not be eligible for holiday pay or PTO accrual for unpaid leaves of
absences. Nor will the time on leave of absence without pay be considered for purposes
of calculating seniority where the period exceeds ten 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 sex,viiiPmepsole discretion 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.
ZDisTab stops: Not at 038"
Font: 10 pt
Formatted: Tab stops: Not at 0.38"
6-14.8 Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons Formatted: Tab stops: Not at 0.38°
other than qualified Parenting or Family and Medical Leave, are not guaranteed return to
their original position. If their original position or a position of similar or lesser status is
available, it may be offered at the discretion of the City_ See also Military Leave, Section
6-10.
6 -14.9 -The City acknowledges these provisions are not intended to modify or replace any rights
to any employee that are granted under State or Federal law.
Formatted: Font: Not Bold
31
kyDue I1130rmW019WQAar:1.4aaO►yiOLVATO
Formatted: Font: Not Bold
SECTION 7-1 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 wills receive due consideration
in such personnel decisions as promotions, transfers, demotions, terminations and, where
applicable, salary adjustments.
SECTION 7-2 GUIDELINES:
' Formatted: Indent: Left: 0", Tab stops: Not at
0.38"
A. Performance reviews will -be completed by a designated supervisor or Formatted: Indent: Left: 0.5', Hanging: 0.5°,
department head, who may receive feedback from others in completing the Tab stops: Not at 0.38° + 0.75° + 113"
review. Performance reviews will be discussed with the employee_ - Employees
do not have the right under this Policy to change or grieve their performance
review, but may submit a written response, which, subject to review by the City
Administrator, �=�i'�may be attached to the performance review.
B_ All performance reviews completed by supervisors below the department
head level will be reviewed and approved by the applicable department head aff4
or the City Administrator. -The City Council has sole authority to evaluate the
City Administrator and may elect to receive feedback from others as part of the
process.
__C. Performance reviews should be scheduled on a regular basis, at least
annually. Additionally performance reviews may be scheduled at the discretion of
the City, and in the event of circumstances, action or inaction dictating the need
for additional review. The Performance review form, with or without all required
signatures, shall be retained as part of the employee's personnel file in the Finance
Department. r,,,..ing th@ o »�iayff,o„t p-abat;,.,,afy p@ a of+H,He@ ry
May,,,1,,
b@ , eto,1 at f N'@ (c) ,,,, ,1 oto.,@„ ,� iii ) „t1,� 4-ff tt.ri„S@ with 014 o (1) .
,0bat;0,,,, y ff „as ifth@ ,.Ob t;,,,,afy ro „a is @ht@Hd@,1 „aa;t;,,44,,1 ro 0 6
411 hV t oa„10 1 is appr-ap..;,,to
D. Performance reviews will be signed by the employee and the person
responsible for the review_ By signing- the performance review the employee
acknowledges that he or she has read the review and has had an opportunity to
discuss it with the- person responsible for the review. The employee's signature
does not necessarily- indicate agreement with the performance review. Failure to
sign the document by the employee will not delay processing of the review, nor
will it impede or delay any consequences of the review.
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Tab stops: Not at 0.38” + 0.75' + 1.13”
SECTION 8 - EMPLOYEE EDUCATION AND TRAINING Formatted: Centered
32
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 Formatted: Indent: Left: 0.5", Hanging: 0.5°,
same department or of similar job classifications where necessary to the Tab stops: Not at 0.38° + 0.75° + V
performance of their jobs.
B. Supervisors shall provide an orientation program for new employees.
--C. The immediate supervisor shall ensure training is provided for the
operation of new equipment as required.
D. The City encourages contact with personnel from other municipalities in
order to learn more efficient job procedures.
E. The City encourages the use of in-house talents and skills in training as well as
the expertise of local citizens, companies and agencies.
F.
Written approval from a Department Head or Administration is
required to attend training programs.
8-1.2–Administration Guidelines:
A. General guidelines for training where the City provides financial support Formatted: Indent: Left: 0.5", Hanging: 0.5°,
and/or time off work are as follows: Tab stops: Not at 0-38"+ 0-75"+ t °
1. Work interference shall be minimal.
2. Training shall not duplicate recent training.
3. Training costs shall be within budgetary limits.
Formatted: Indent: Left: 0.5", Hanging: 0.5",
Tab stops: Not at 0-38"+ 0.75"
4. Preference shall be given to training that provides the most benefit to the
City at the least cost.
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5. The department head shall ensure that there is adequate coverage of Not at 0.38° + 0.75°
Formatted: Indent- 0..Hanging: 1°,de
departmental responsibilities before approving trainingapplications. Tab stops: Not at 038° + 075"
Formatted: Indent: Hanging: 0.5", Tab stops:
Not at 0.38" + 0.75"
33
6. Training shall relate to an employee's job or health/safety.
Formatted: Indent: Left: 0.5", Hanging: 0.5",
Tab stops: Not at 0.38" + 0.75"
7. Training shall be structured to provide general information that will aid in
Formatted: Indent: Hanging: 0.5", Tab stops:
an employee's growth or maintenance of professional standards.
Not at 0.38° + 0.75°
Formatted: Indent: Left: 0.5", Hanging: 1",
,. ;,o,_W_i4o„r o ,-,IOY@@S Shall h_@ o..,.t,,,l o,l , „toss ., '@ 1,.,
all .,,, ,7,t
Tab stops: Not at 0.38" + 0. 75"
th@i - ,lo.,.,,-r,ti,o„r 1,0.,,1 C.,F ty r,-.,;,,;,,,. Shall 13@ ,-, 'id@ l r„ all 0 .,t,,.,00S
Formatted: Indent: Hanging: 05% Tab stops:
38. If the City requires attendance at a seminar, the City pays tuition/
Not at 0.38° + 0.75°
registration fees and wages for all required hours of attendance.- Expenses
Formatted: Indent: Left: 05% Hanging: 1",
will be paid in accordance with standard practices.
Tab stops: Not at 0.38° + 0.75°
4789. 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.
0xomY[1]0M.13m d1DI►51:33IM1,119.y11►1UDiu0
The purpose of memberships to various professional organizations must be directly related to the
betterment of the services of the City. Normally, one City membership per agency, as determined
by the responsible authority is allowed, providing funds are available.
Upon separation of employment, individual memberships remain with the City and are
transferred to other employees by the department head.
SECTION 8-3 TRAVEL REIMBURSEMENT
8-3.1 Purpose
To reimburse employees for out-of-pocket expenditures when out of the City on approved
business.
8-32 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
34
Formatted: Indent: Left: 0", First line: 0",
Tab stops: 0.5", Left + Not at 0.38"
Formatted: Font: Not Bold, No underline
Formatted: Tab stops: 05% Left
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Tab stops: 0.5", Left + Not at 0.38" J
Formatted: Font: Not Bold, No underline
Formatted: Indent: Hanging: 0.5", Tab stops:
Not at 0.38" + 0.63"
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: ^uffF-P-r* c*aa*@ A_r 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 daily allowance 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.
Formatted: Indent: Hanging:
0.5", Tab stops:
Not at 0.38"
J
Formatted: Indent: First line:
0", Tab stops:
Not at 0.38" + 0.63"
Formatted: Indent: Hanging:
0.38", Tab
stops: 1", Left + Not at 0.38" + 0.63" + 1.5"
Formatted: Indent: Hanging:
0.5", Tab stops
Not at 0.38" + 0.63"
Formatted: Indent: Hanging: 0.5", Tab stops:
Not at 0.38" + 0.63"
Formatted: Indent: Hanging: 0.5", Tab stops
Not at 0.38"
Formatted: Indent: Hanging: 0.5", Tab stops:
Not at 0.38" + 0.63"
is- Formatted: Font: 10 pt
at
Council
� � Formatted: Tab stops 0.5", Left + Not at
9. The City will provide funding for out of State training and National � 0.63° J
conferences according to funding availability and approval of the City Formatted: Indent: Hanging: 0.5", Tab stops:
Administrator and City Council. Not at o.38° + 063°
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.
1-1. rrt,o ror 4j@11 f o i a on o ,, s;„h_s;i_s#_@ e@ 0 0 @s f r Discuss at
0fRP!0Y@@S ,, t,,, of ,,,,r'S;,lo + �t o c� o „P A4iP 4@S0t„ OF ALFiglA r,,,,,,,,, Shall o Council
leve Formatted: Font: 10 pt
35
12_ If meals are included intuition or registration fees and/or only a
fraction of the day is approved for travel, the per diem 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 am. 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.
13. Other miscellaneous expenses such as taxis or shuttles to and from Formatted: Indent: Hanging: 0.5', Tab stops:
the destination airport, buses, and phone calls that are business related will be Not at 0.38° + 0.83°
reimbursed. (Attempts should be made to retain receipts whenever possible_)
Rental car reimbursement will be made only with prior approval by the City
Administrator.
SECTION 9 - PUBLIC PURPOSE EXPENDITURES
SECTION 9-1 GENERAL
Consistent with Minnesota State 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 funds consistent with this policy and guidelines.
SECTION 9-2 DEFINITIONS
792
Public Purpose Expenditure — An expenditure of funds related to the purpose for which the Formatted: Font: Bold
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' shall include all employees, Formatted: Font: Bold
elected officials, and appointed officials.
0014JI01110MatinIIJ:3p[aikuN0131BKOLU11101alei Wi
The City of Otsego has determined that the following expenditures are valid expenditures and
serve a public purpose.
A_ Training and development programs for Otsego elected and appointed officials
and employees serve a public purpose when those training and development
programs are related to the employee's job performance and to the programs and
services provided by the City to its residents.
Formatted: Font: Not Bold, No underline
Formatted: Indent: Left: 0.5', Hanging: 0.5'
B. Payment of employee work-related expenses, including travel, lodging, telephone, - Formatted: Indent: Left: 0.5', Hanging: 0.5'
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.
Formatted: Indent: Left: 0.5', Hanging: 0.5',
E. Employee productivity is directly related to employee satisfaction and that . Tab stops: Not at 075°
satisfaction depends on much more than just a paycheck. Employee satisfaction Formatted: Indent: Left: 0.5°, Hanging: 0.5'
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
37
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
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.
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.
Formatted: Indent: Left: 0.5', Hanging: 0.5',
Tab stops: 1", Left
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c�rmrnrT n n �rrT n �Trr n r rnrTcm�n n mrn�rc
Formatted: No underline
38
SECTION 10 - EMPLOYEE RESPONSIBILITY
SECTION 10--1 GENERAL
10-1.1 Efficient and effective delivery of municipal services requires active effort and
cooperation between City employees and the general public. It is particularly important
that all work undertaken by City employees be accomplished expeditiously, efficiently
and economically. To reach this goal, the establishment of rules for employee conduct
and responsibility are required.
10 -1.2 --It shall be the responsibility of all employees to:
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A. Perform their assigned duties and responsibilities to the best of their ability at all Formatted: Indent: Left: 05% Hanging: 05'
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 -Appearance
Departments may establish dress and uniform requirements for employees as part of
departmental rules. Overall, personal appearance should be appropriate to the nature of the work
and contacts with other people and should instill confidence and present a positive image to the
public. The City Administrator may designate certain days as "Casual Days" for non -uniformed
employees, where employees may dress more casually than the typical work day.
10-2.2 -Attendance
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0.38"
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 his/her 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:
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0.5", Left + Not at 0.38"
A. Employees who are absent from work are required to notify their supervisor as
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soon as possible in advance of their absence. In case of unexpected absence,
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employees should call their supervisor before the scheduled starting time.
B. Every effort should be made to contact the supervisor directly. However, if the
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supervisor is not available at the time, the employee should leave a message for
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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 his/her judgment, extenuating circumstances warrant such behavior.)
This policy does not preclude a supervisor from administering discipline for
unexcused absences of less than three (3) days.
E. Any extended absence can be deemed voluntary resignation.
SECTION 10-3 CONFLICT OF INTEREST
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10-3.1 The credibility of local government rests heavily upon the confidence that citizens have Formatted: Indent: Left: 0", Hanging: 0.5"
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 Formatted: Indent: Left: 0.5"
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.
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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.
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Not at 0.5'
10-3.4 Any employee, elected official, or appointed official engaging in any activity involving Formatted: Indent: Left: 0", Hanging: 0.5"
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.
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10-3.5 If the City Administrator determines a conflict exists, appropriate actions will be taken to Formatted: Indent: Left: 0", Hanging: 0.5"
end the conflict. These actions could include discontinuing or not awarding a contract
with an employee, council member or family member's business, terminating the
conflicting activity, or termination of employment. The City will consider whether the
best interest of the City is served by doing business with the employee's family member
where other options are not available, not practical or are more costly.
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SECTION 10 - 4 RECEIPT OR SOLICITATION OF GIFTS
10-4.1 No employee, elected official, or appointed official shall receive or solicit any gift from Formatted: Indent: Left: 0", Hanging: 0.5"
any person, business or organization having any business, administrative, legislative,
contractual or any other relationship with the City if the gift could be perceived to, or
could influence, actions of an official nature. A gift is any money, tangible or intangible
personal property, food, beverage, loan, promise, service or entertainment exceeding
$10.00, or such amount as may be set by state statute.
10-4.2 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,
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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 Formatted: Indent: Left: 0", Hanging: 0.5'
from all forms of harassment and discrimination. Such harassment is a violation of Title
VII of the Civil Rights Act of 1964 and the Minnesota Human Rights Act.
11-1.2 This policy will apply to all officials and employees of the City of Otsego, including
temporary/seasonal, paid -on-call, volunteers and elected and appointed officials.
11-1.3 Harassment of any person because of race, creed, color, religion, national origin, sex, age,
marital status, disability, sexual orientation, FeGemp't 4 status with regard to public
assistance, familial status, membership or activity in a local commission, Apr 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
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Comment [AS24]: https://www.revisor.mn.gov/s
tatutes/71d�363A.08
Formatted: Font: (Default) Times New Roman,
12 pt
11-2.1 -Definition of Sexual Harassment
Because sexual harassment is sometimes more difficult for employees to recognize, the
following defmition is provided (based on excerpts from Minnesota Statutes):
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Sexual harassment includes unwelcome sexual advances, requests for sexual favors, Formatted: Indent: Left: 0.5", Tab stops: Not
sexually motivated physical contact, or other verbal or physical conduct or at 0.38"
communication of a sexual nature, when:
1) submission to the conduct or communication is made a term or condition, either Formatted: Indent: Left: 0.5", Hanging: 0.5°,
explicitly or implicitly, of an individual's employment, Tab stops: Not at 0.38°
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 �fld th@ Play@ - knows oShould b,,,,. , of
.I Comment [AS25]: Not in the statutory
definition-
https://www.mvisor.mn.g ov/statutes/lid=363A.03
definition -
11 -2.2 -Examples of Inappropriate Conduct
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0.38"
-Examples include but are not limited t0: ' Formatted: Indent: Left: 0", Hanging: 0.5",
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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 Formatted: Indent: Left: 0.5", Tab stops Not
individual against another individual, using sexual overtones as a means of creating at 0.38°
discomfort.
11-2.3 -Reporting and Investigation Requirements Formatted: Tab stops: 0.5", Left + Not at
0.38"
—Any employee who feels he or she is being subjected to harassment in any form, or whop-- Formatted: Indent: Left: 0.5", First line: 0"
believes he or she has witnessed harassment in any form, must contact his or her
supervisor, or the Department Head or Gi4y r,.,meil impRedia4@1y- 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
43
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 Formatted: Indent: Left: 0", Hanging: 0.5"
and City Administrator. Only persons with a need to know of the allegation or its
resolution will be made aware of the issue.
11-2.5 In addition to notifying one of the above persons and stating the nature of the harassment, Formatted: Indent: Left: 0", Hanging: 0.5°,
the employee is also urged to take the following steps: Tab stops: Not at 0.38"
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.
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Any complaints that are made will be investigated in a timely fashion. The City will, in Formatted: Indent: Left: 0.5", Tab stops: Not
all cases, take action to correct any reported harassment to the extent evidence is at 0.38° + 0.75° + 1.13° + 1.5"
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.
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All employees shall cooperate in any investigation of such a complaint. If the facts Formatted: Indent: Left: 05'
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 Formatted: Indent: Left: 0", Hanging: 0.5"
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 fmdings will become a part of
the complaint investigation record and the file will be maintained separately from the
employee's personnel file.
11-2.7 —Reprisal Formatted: Indent: Left: 0", Hanging: 0.5"
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
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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;
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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.
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SECTION 12 DISCIPLINE Formatted: Left
SECTION 12-1 GENERAL
12-1.1 City employees are expected to fulfill their duties and responsibilities at the level Formatted: Indent: Left: 0", Hanging: 0.5°,
required, including observance of work rules and standards of conduct. Failure to do so Tab stops: Not at 0.38°
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.
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12-1.2 The reporting of misconduct and prevention of the escalation of misconduct are areas thatFormatted: I ndent: Left: 0", Hanging: 0.5°,
demand all employees to exercise courage, integrity, and decisiveness. When a non- Tab stops: Not at 0.38°
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 Formatted: Indent: Left: 0", Hanging: 0.5°,
to cause the misconduct to immediately cease. The fact that a supervisor is present and Tab stops: Not at 0.38°
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 Formatted: Indent: Left: 0", Hanging: 0.5'
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
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of a specific listing of reason shall in no way limit the City from taking action
deemed appropriate for a specific offense.
• Negligence or carelessness in the performance of a duty, such as in the handling
or control of municipal property, equipment or funds.
• Offensive or inappropriate conduct or language toward City employees or other
persons.
• Violation of any provisions of this policy, ordinances, order of the City Council or
City Administrator or adopted Council or Administrative Policy.
• Inappropriate acceptance of fees, gifts, or other benefit in the course of the
employee's work.
• Lack of competence or efficiency in performance of duties.
• Failure to obey any lawful and reasonable direction given by an employee's
supervisor, City Administrator, or City Council.
• Conviction of a crime that affects or relates to the performance of assigned duties
or otherwise brings discredit or reflects negatively upon the City_
• Conviction of a felony, or a misdemeanor involving moral turpitude, while an
employee of the City_
• Off-duty conduct that is potentially damaging to the reputation of the City.
Using, threatening, or attempting to use the political influence or unethical
pressure, to influence a promotion, leave, transfer, absence, increased
compensation, other benefit, or any other matter in which the employee has an
interest. Unethical pressure shall include offers of gifts or other special benefits,
coercion, collusion, threats of blackmail, requests for favoritism, and use of unfair
advantage.
• Falsification of time cards.
• Falsification of City documents.
• Violating the City's Drug-free Workplace Policy or Drug and Alcohol Testing
Policy for Commercial Drivers.
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numbering, Tab stops: Not at 0.38" + 0.75' +
1.5 + 1.88" + 225' + 425'
Formatted: No bullets or numbering
Formatted: No bullets or numbering
• Excessive tardiness, excessive absences, unapproved absences, or abuse of leave
privileges.
• Theft or intentional destruction of City property or another employee's property.
• Violation of the City's Harassment Policy.
• Engaging in actions constituting a conflict of interest.
• Dishonesty in the employee's performance of duties, or making any false
statements or material omissions in any matter relating to the employee's duties or
employment, including employment and promotion applications and work
undertaken in the scope of employment.
• Acting or failing to act in a manner otherwise specified that tends to lower
discipline or morale among City employees, brings or tends to bring discredit to
the City, its elected officials or employees, or that adversely affects the City.
Speech that is protected by the First Amendment of the U.S. Constitution shall not
be a basis for discipline.
• Failure to report an accident to a supervisor as soon as possible upon occurrence.
• Unauthorized use of city vehicles, property or equipment.
• Making a false complaint of harassment or found to have given knowingly false
information during any workplace investigation.
• Gross neglect of duty.
• Immoral or indecent conduct while on duty.
• Intentional falsification of personnel records, time reports or other City records or
reports.
•
• Sleeping on the job during paid work hours.
• 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.
• 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.
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- Formatted: List Paragraph, No bullets or
numbering, Tab stops: Not at 0.38" + 0.75" +
1.5" + 1.88" + 225" + 425"
Formatted: Indent: Left: 1", No bullets or
numbering
' Formatted: Tab stops: Not at 0.38" + 075-
• Abusive, threatening or coercive treatment of another employee or the public on
employer's time or premises.
• Failure to perform required duties or responsibilities in a satisfactory manner.
• Soliciting political contributions from municipal employees and engaging in
political activities on or with City property or on City time.
• Failure to fulfill employee responsibilities as outlined in this manual especially
those detailed in "City Wide Work Rules and Code of Conduct."
• Violation of a safety rule or safety practice.
• Absence from work without prior approval in accordance with this policy or
failure to report for work without giving the department head or his/her designee
department office earliest possible notice of such absence.
• Violation of departmental policies, procedures or rules.
• Horseplay - actions adversely affecting safety of normal operations of the
department or other employees.
• Release of confidential or private data to a person or person who are not eligible
to have access to the data.
• Failing to start work at designated time, abuse of break or meal periods, quitting
work before the proper time or leaving employer's premises during working hours
without authorization from the supervisor or other misuse of work time.
• Smoking in posted or unauthorized areas.
• 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.
• Use of City property, equipment or supplies is prohibited. Formatted: Buueted+ Level: 1 + Aligned at:
0.75" + Tab after: 1" + Indent at: 1"
• Treating other employees in an unprofessional or disrespectful manner including F1"ormatted: Indent: Left: 0", Tab stops Not at
making hurtful, disparaging or cutting remarks. (Instructive comments and
suggestions for improvement are encouraged provided they are given in a Formatted: Tab stops: Not at 038° + 0.75°
positive, constructive manner.)
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• Violation of Vehicle Use Policy.
12-2.2 It shall be the policy of the City to administer disciplinary action uniformly and without Formatted: Indent: Left: 0", Hanging: 0.5°
discrimination. Discipline will be based upon the nature and severity of the infraction and Tab stops: 0.5", Left + Not at 0.38° + 0.75,°
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 perform.
0 XON Y [IM96Al 9:1114i DMI
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:
'
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Oral Reprimand
Not at 0.38°
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This measure may be used where personal discussions have not resolved the matter. All
Not at 0.38° + 0.75°
supervisors have the ability to issue oral reprimands without prior approval.
Formatted: Tab stops: Not at 0.38° + 0.75°
Formatted: Indent: Left: 0", Tab stops: Not at
Oral reprimands are normally given for first infractions on minor offenses to clarify expectations
..
038" + 075"
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.
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Written Reprimand
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._
Left + Not at 0.38" + 0.75"
Written reprimands are more serious and normally follow oral reprimands when the problem is
Formatted: Tab stops: Not at 0.38° +
not corrected or the behavior has not consistently improved given a reasonable period of time for
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improvement. Certain infractions may require skipping either the oral or written reprimand, or
0.38° + 0.75°
both. Written reprimands are issued by the supervisor upon prior approval from the City
Administrator.
A written reprimand will normally state the reason for the warning along with the policy, Formatted: Indent: Left: 0", Tab stops: Not at
directive, performance expectation, or other that was violated. It shall normally describe actions 0.38° + 0.75°
taken by the supervisor to correct the problem, if applicable, including any timetables or goals
set for improvement.
' Formatted: Tab stops: Not at 0.38" + 0.75"
The reprimand will normally also indicate possible future disciplinary action that could result if Formatted: Indent: Left: 0", Tab stops: Not at
the problem continues or related problems occur. Written reprimands will be placed in the 0.38° + 0.75°
employee's personnel file.
Formatted: Font: Not Bold, No underline
Suspension
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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.
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0.38" + 0.75'
There may be circumstances where an employee will be sent home immediately by the
department head or City Administrator when an employee's behavior violates the Personnel
Policies 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
CIAdministrator. 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). The Cily
Administrator's decision regarding dismissal will be brought to the City Council for
consideration.
SECTION 12--4 NOTICE OF REASONS FOR TERMINATION
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0.38"
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.
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fyDue I113091114M IWON101
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 is a Drug-free Workplace Vahey. 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
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' Formatted: Left
' Formatted: Tab stops: Not at 0.38"
Formatted: Font: Not Bold
Formatted: Left
15-1 The City of Otsego prohibits all employees from carrying or possessing firearms while Formatted: Indent: Left: 0", Hanging: 0.5'
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:
• Driving on City business;
• 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;
• Performing emergency on-call work after normal business hours and on weekends;
• Working at private residences and businesses on behalf of the City;
• Attending training, meetings, or conferences on behalf of the City.
15-2 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
51
Formatted: Indent: Hanging: 0.38"
' Formatted: Indent: Left: 0", Hanging: 0.5'
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
Formatted: Font: Not Bold
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 Formatted: Indent: Left: 05% Hanging:
the course of their duties and responsibilities; + Tab stops Not at 025° + osa° + 0.5°
+ 075..+ 1.1
• 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,
52
• pre-employment, return to work and fitness for duty medical exams or drug and
alcohol testing services for the City;
• a public pension program;
• the Minnesota Department of Employment and Economic Development in a claim
for or appeal for re-employment benefits;
• individuals who have obtained a court order for the information; and/or
• participants in any litigation, mediation, veteran's preference hearing, grievance
arbitration, or other administrative proceeding which results from actions taken.
If litigation arises, the information may be provided in documents filed with the court, which are
available to any member of the public. If it is reasonably necessary to discuss this information at
a City Council meeting, it will be available to members of the public.
To the extent that some or all of the information is part of the basis for a final decision on
disciplinary action, that information will become available to any member of the public.
SECTION 16--2 TYPES OF DATA
Public Data: Data about a person that must be shown to the person, if he/she wishes and that is
available to other people.
Private Data: Data about a person that must be shown to the person upon request, but are not
available to others without his/her permission or as otherwise specifically authorized by law.
Personnel Data: Data on individuals collected because the individual is or was an employee or
an applicant for employment, performs service on a voluntary basis, or acts as an independent
contractor with the City .I Comment [AS26]: https://www.revisor.mn.gov/s
tatutes/lid=13.43
Summary Data: (Statistical records and reports derived from data on individuals but in which
individuals are not identified and from which neither their identities nor any other characteristic
that could uniquely identify an individual is ascertainable.
' Comment [AS27]: https://www.revisor.mn.gov/s
tatutes/lid=13.02
SECTION 16--3 PUBLIC PERSONNEL DATA
16-3.1 -Employee Personnel Data Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.38"
Except for certain employees (i.e. undercover law enforcement personnel) the following Formatted: Indent: Left: 0", First line: 0°,
personnel data is public: Tab stops: Not at 0.38°
I. name Formatted: Indent: Left: 0.5", Tab stops: Not
2. gross salary at 0.38° + 0.75°
3. salary range
4. gross pension
53
5. contract fee
6. benefits
7. expense reimbursements
8. job title
9. job description
10. education and training background
11. previous work experience
12. dates of employment (first and last)
13. status of complaints or charges against employees
14. outcome of complaints -disciplinary action
15. work location
16. work telephone number
17. badge number
16-3.2 Public Data on Applicants for Employment
The following personnel data are considered public data:
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.38"
Formatted: Tab stops: Not at 0.38"
1. veteran status Formatted: Indent: Left: 0.5", Tab stops: Not
2. test scores at 0.38" + 0.75"
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 Formatted: Indent: Left: 0.5", Hanging: 0.5°,
to a vacancy and or considered as one of the "finalists." Tab stops: Not at 0.38° + 0.75°
16-3.3 Private Personnel Data Formatted: Indent: Left: 0", Hanging: 0.5°,
Tab stops: Not at 0.38"
The following personnel data and information are considered private data on individuals and are Formatted: Indent: Left: 0", Tab stops: Not at
not accessible to the public but this data is accessible to the subject employee, the employee's 0.38°
authorized representative, the immediate supervisor and department head, and other city staff
persons or officials who have a legitimate need to view/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
54
Formatted: Indent: Left: 0.5", Tab stops: Not
at 0.38" + 0.75"
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
Formatted: Indent: Left: 0.5", Hanging: 0.5",
Tab stops: Not at 0.38" + 0.75"
Formatted: Indent: Left: 0.5", Tab stops: Not
at 0.38" + 0.75"
Formatted: Indent: Left: 0.5", First line: 0",
Tab stops: Not at 0.38" + 0.75"
No employee may disclose the home address, telephone number, or personal information about Formatted: Indent: Left: 0", Tab stops: Not at
another employee to any third party without prior consent of the affected employee, as per 0.38°
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.
55
Formatted: Indent: Left: 0", Tab stops: Not at
0.38"
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.38"
Formatted: Indent: Left: 0", Tab stops: Not at
0.38"
Formatted: Tab stops: 0.5", Rght + Not at
0.38"
Formatted: Tab stops: 05% Left + Not at
0.38"
Formatted: Indent: Left: 0.5", Tab stops: Not
at 0.38" + 0.75"
Formatted: Indent: Left: 0.5", First line: 0",
Tab stops: Not at 0.38" + 0.75"
The City Administrator shall assure that access is provided only to the parties listed above. The Formatted: Indent: Left: 0", Tab stops Not at
identity and authority of an individual who seeks to gain access to private data must be 0.38°
confirmed. The time that access is available is limited to the normal working hours of the City
Hall offices. No fees shall be charged in the instances where the data subject only wishes to view
private data. Fees may be charged for providing copies.
SECTION 16-5 GENERAL CONTENTS OF PERSONNEL FILES
16-5.1 The following information shall routinely be included in an employee's personnel file:
1. data collected for administrative purposes such as job applications,
resumes, change of address forms, training or education records, veteran's
certification, etc. (Documents containing medical information are retained in a
separate medical file.)
2. documentation of personnel actions or activities such as salary
changes, job classifications, performance reviews, termination notices,
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.
Formatted: Indent: Left: 0", Hanging: 0.5',
Tab stops Not at 0.38"
Formatted: Indent: Hanging: 0.5', Tab stops:
Not at 0.38" + 0.75'
16-5.2 Employees will not be specifically notified each time such data are routinely entered into Formatted: Indent: Left: 0", Hanging: 0.5°,
their file, except that employees shall be made aware of data entered into their file that Tab stops Not at 0.38°
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 Formatted: Indent: Left: 0", Hanging: 0.5',
from the files must be approved by the City Administrator. The City Administrator may delegate Tab stops: Not at 0.38"
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.
56
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 Formatted: I ndent: Left: 0", Hanging: 0.5°,
City Administrator, or other bonafide representative of the City, if the individual subject Tab stops: Not at 0.38°
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.
Y. 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.
Formatted: Indent: Left: 0.5", Hanging: 0.5",
Tab stops: Not at 0.38" + 0.75"
Formatted: Indent: Hanging: 0.5", Tab stops:
Not at 0.38" + 0.75"
16-7.2 If the City Administrator or approved designee makes reasonable efforts to obtain the Formatted: Indent: Left: 0", Hanging: 0.5°,
informed consent of a data subject and if those efforts are not acknowledged in any way, Tab stops: 0.5", Left + Not at 0.38°
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: Formatted: Tab stops: 05% Left + Not at
0.38"
1. Depositing in the U.S. Mail, postage pre -paid, and directed to the last - Formatted: Indent: Hanging: 0.5", Tab stops:
known address of the data subject, at least two (2) communications requesting Not at 0.38° + 0.75°
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 Formatted: Indent: Left: 0", Hanging: 0.5"
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
57
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:
personal time off slips and other time -related records,
notes from supervisory coaching and counseling sessions,
notes on performance concerns or work rules discussed with employees,
notes on employee accomplishments,
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.)
Formatted: Indent: Left: 0.5', Hanging: 0.5'
Formatted: Indent: Hanging: 0.5'
16-9.3 All original City applications and related hiring documentation, performance evaluations, Formatted: Indent: Left: 0", Hanging: 0.5"
reference information, doctor's slips and other medical information about employees
must be submitted to the City Administrator. The City Administrator will decide what
documents will be maintained in City personnel files, consistent with this policy. The
personnel files maintained by the City Administrator and authorized Finance Department
staff are considered the official City Personnel files.
SECTION 17 - SEPARATIONS
58
SECTION 17-1 RESIGNATIONS
Employees wishing to leave the City service in good standing shall provide a written resignation
notice to their department head, at least ten (10) working days before leaving (thirty (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 at the time City
employment terminates. All benefit earning employees that the City determines, at its sole
discretion, to pay for unused accrued PTO who leave the
City employment by retirement, resignation, lay off or for any other reason may receive pay for
up to 100 percent of unused accrued PTO only upon
receipt by the City of a fully executed waiver of claims in form approved by the City, and only
after all applicable periods of reconsideration or rescission contained within the approved waiver
have passed.
SECTION 18 - MEDIA CONTACUPRESS RELEASES
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 the 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
0 oral 0111aW1Ey010RIJW11t1aN04M01WC11100BURTMejy
Comp
time
must be
Formatted: Font: 10 pt
Formatted: Tb stops: Not at 0.38"
Formatted: Font: Not Bold
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
59
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:
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.
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.
Formatted: Indent: Left: 0.5', Hanging: 0.5',
Tab stops: Not at 0.88"
City employees having access to assigned City -owned cellular phones may make Formatted: Indent: Left: 0.5', Hanging: 0.5°,
limited personal phone calls where service is free or when monthly minutes are Tab stops: Not at 0.88°
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 phones shall remain the property of the City and shall be returned to
the City upon the termination of employment or if the cellular phone is no longer
necessary for work-related purposes. Any inappropriate use of phones may be
subject to discipline and any additional charges will be paid by the employee.
SECTION 21 - INTERNEVEMAIL
SECTION 21-1 GENERAL
This policy is intended to describe appropriate uses of City e-mail, voicemail, and Formatted: Indent: Left: 0", First line: 0"
Internet systems and consequences for inappropriate use. City e-mail, voicemail, and Internet
60
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- Formatted: Indent: Left: 0", Hanging: 0.5'
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-commercial" = sites free
of charge)
61
Formatted: Indent: Left: 0.5', Hanging: 0.5',
Tab stops: Not at 0.31"
Downloading of software off the network is strictly prohibited without review and
approval from the contracted IT staff, scan for viruses before opening
attachments.
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 Formatted: Indent: Left: 0", Hanging: 0.5°,
software, including e-mail and voicemail is the property of the City. Tab stops: Not at 0.31 ° + 0.63°
tv , ,- to ; @s4g„4v , plait,, tho r;ty 1,iay oa to 1. 1,;to ., „�
; hot, vialittioffs „+ this Loll;., „ „thol- 04Y 13040i@s „
is 014 ,.4;0„ 014 .,1@m,@ of a4s@140@ 1„11„1,..0,- a+4L 1gfor- th@+1 or-44ho1-o;
gaffl@.-o,l a 1 aft Of P@Ff 1-.,.,;1„1 t11@4 ,l„ti@S 1444 0 -AS S . 1,to4 by tho 11040 0s ,»,tl;„o,l
h 01.04by law.
Formatted: Indent: Left: 0", Hanging: 0.5',
,.aidenfial , sensitive, ,.r,1,., ..roof c1409 ;„F,11;411 4;,11, 4o1, ho Tab stops: Not at 0.31"
ifl 144@ +91444 Of th1-,1,,gh 11 .,1 0 S 4i0 E,ti,P10.,0@S fflay „t
A ,711 „t1.,1t,.
�r
f11,,.1 ;1, .,,.t 0RS ., ,-o,l ,
1. PR4- lRiiniSwcivi@E�(hiiEEzAia,; PIPR6€drrcEt "11 ar4 iix€i14S to
;1 h ,to
i. 41,1 1„1t 0P@ff o that , o „t .1 ,11-L feel ARWd-.
e' „ ho , oa T1., „th to R '; tho s ,sto1,4
4. Close, .,11 . plie.,tioos at tho v1„l ,1F thv ,1.,.,
SECTION 21-5_ CONSEQUENCES OF MISUSE
62
Abuse of this policy will be grounds for discipline in accordance with the City's Personnel Formatted: Indent: Left: 0"
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
displayed on the side door panels.
The following requirements apply to any employee driving a City vehicle:
Formatted: Left
Formatted: Indent: Left: 0", First line: 0"
' Formatted: Indent: Left: -0.06", First line:
0.06"
Formatted: Indent: Left: 0.5"
A. Employees that drive or may be required to drive City vehicles and equipment are Formatted: Indent: Hanging: 0.5"
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 Formatted: Indent: Hanging: 0.5"
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 22-3 YEHICLE ACCIDENTS
63
Formatted: Indent: Left: 0"
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.
Formatted: Indent: Left: 0", Hanging: 0.5",
Tab stops: Not at 0.5" + 0.63" + 0.75"
22-3.2 Any employee involved in an accident while driving a City vehicle must submit to a Formatted: Indent: Left: 0", Hanging: 0.5"
Drug and Alcohol Test, as provided for in relevant provisions of the applicable City Drug
and Alcohol Testing Policy.
Formatted: Font: Not Bold
Formatted: Font: Not Bold
64
,ACKNOWLEDGMENT F,,-,tt?d-F,,t: to pt
I have read and understand the terms of the City of Otsego Personnel Policy dated August 2012.
I have been given the opportunity to ask any questions that I had regarding these Policies.
Employee Name (Please Print)
Employee Signature
Date
Formatted: Font: Not Bold, Not Italic
UPON COMPLETION, PLEASE RETURN THIS FORM
TO THE FINANCE DEPARTMENT.
65
Formatted: Left