RES 15-26CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2015-26
RESOLUTION APPROVING AMENDED CITY PERSONNEL POLICY AND CITY DRUG AND ALCOHOL POLICY
WHEREAS, the City Council has directed that changes be made to the existing City Personnel Policy and
Drug and Alcohol Policy; and
WHEREAS, the Council has met to discuss these matters and has approved the changes as set forth on
the attached documents; and
WHEREAS, the City Council has determined that the new policies shall be in force and effect upon the
date of adoption of this resolution.
NOW, THEREFORE the City Council of the City of Otsego hereby resolves as follows:
The attached amended City Personnel Policy and City Drug and Alcohol Policy are hereby adopted
effective immediately.
ADOPTED this 26th day of May, 2015 by the Otsego City Council.
IN FAVOR: Stockmap, Heidner, Schroeder, Warehime
OPPOSED: None
CITY OF OTSEGO
& fieL-iaar,-
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Jessica Stockamp., Mayor
Tami Loff, City Clerk
CITY OF OTSEGO
PERSONNEL POLICIES
Revised Date: May 26, 2015
TABLE OF CONTENTS
PAGE
SECTION 1- PURPOSE AND INTENT................................................................................... l
SECTION1-1 PURPOSE........................................................................................................... 1
SECTION1-2 INTENT............................................................................................................... 1
SECTION1-3 APPLICABILITY................................................................................................ 1
SECTION 1-4 NON-DISCRIMINATION.................................................................................. 1
SECTION1-5 DEFINITIONS.................................................................................................... 2
SECTION 1-6 PROVISIONS SUPERSEDED IN CERTAIN CASES ....................................... 3
SECTION2 - ORGANIZATION................................................................................................ 3
SECTION 2-1 JOB DESCRIPTIONS......................................................................................... 3
SECTION 2-2 ASSIGNING AND SCHEDULING WORK ....................................................... 3
SECTION2-3 DEMOTION........................................................................................................ 3
SECTION 2-4 REDUCTION OF WORKFORCE...................................................................... 4
SECTION2-5 LAYOFF............................................................................................................. 4
SECTION 3 - EMPLOYEE RECRUITMENT AND SELECTION ........................................ 4
SECTION3-1 SCOPE................................................................................................................. 4
SECTION 3-2 FEATURES OF THE RECRUITMENT SYSTEM ............................................ 4
SECTION3-3 EXAMINATIONS.............................................................................................. 5
SECTION3-4 UNLAWFUL ACTS............................................................................................ 5
SECTIoN 3-5 PRE-EMPLOYMENT MEDICAL EXAMS ....................................................... 5
SECTION3-6 SELECTION....................................................................................................... 6
SECTION 3-7 EMPLOYMENT OF FAMILY MEMBERS....................................................... 6
SECTION 3-8 AFFIRMATIVE ACTION/EEO POLICY STATEMENT ................................. 6
SECTION4 - COMPENSATION............................................................................................... 7
SECTION4-1 GENERAL.......................................................................................................... 7
SECTION4-2 PAYCHECKS..................................................................................................... 7
SECTION 4-3 OVERTIME/COMPENSATORY TIME............................................................ 8
SECTION 4-4 MEAL BREAKS AND REST PERIODS.......................................................... 10
SECTION 5 - EMPLOYEE BENEFITS...................................................................................11
SECTION5-1 ELIGIBILITY................................................................................................... 11
SECTION 5-2 RETIREMENT BENEFITS.............................................................................. 11
SECTION 5-3 INSURANCE BENEFITS................................................................................. 11
SECTION 5-4 MEDICAL AND DEPENDENT CARE FLEXIBLE BENEFIT PLANS ......... 12
SECTION6 - PAID TIME OFF................................................................................................13
SECTION 6-1 PERSONAL TIME OFF LEAVE...................................................................... 13
SECTION6-2 HOLIDAYS....................................................................................................... 14
SECTION 6-3 FAMILY AND MEDICAL LEAVE................................................................. 15
SECTION 6-4 ADMINISTRATIVE LEAVE........................................................................... 21
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SECTION 6-5 ADVERSE WEATHER.................................................................................... 21
SECTION 6-6 JOB RELATED INJURIES OR ILLNESS........................................................ 21
SECTION 6-7 EMPLOYEES WITH HEALTH-RELATED WORK RESTRICTIONS .......... 21
SECTION 6-8 PARENTING LEAVE...................................................................................... 22
SECTION 6-9 FUNERAL LEAVE........................................................................................... 22
SECTION 6-10 MILITARY LEAVE........................................................................................ 23
SECTION6-11 JURY DUTY LEAVE..................................................................................... 24
SECTION 6-12 SCHOOL CONFERENCE LEAVE................................................................ 24
SECTION 6-13 ELECTIONS/VOTING................................................................................... 24
SECTION 6-14 LEAVE OF ABSENCE WITHOUT PAY ....................................................... 25
SECTION 7 - PERFORMANCE REVIEWS........................................................................... 26
SECTION7-1 PURPOSE......................................................................................................... 26
SECTION 7-2 GUIDELINES................................................................................................... 26
SECTION 8 - EMPLOYEE EDUCATION AND TRAINING ............................................... 27
SECTION 8-1 PURPOSE AND GUIDELINES....................................................................... 27
SECTION 8-2 MEMBERSHIPS AND DUES.......................................................................... 28
SECTION 8-3 TRAVEL REIMBURSEMENT........................................................................ 28
SECTION 9 - PUBLIC PURPOSE EXPENDITURES........................................................... 30
SECTION9-1 GENERAL....................................................................... ............................... 30
SECTION9-2 DEFINITIONS.................................................................................................. 30
SECTION 9-3 PUBLIC PURPOSE GUIDELINES.................................................................. 31
SECTION 10 - EMPLOYEE RESPONSIBILITY.................................................................. 32
SECTION10-1 GENERAL...................................................................................................... 32
SECTION 10-2 CITYWIDE WORK RULES AND CODE OF CONDUCT ............................ 33
SECTION 10-3 CONFLICT OF INTEREST............................................................................ 34
SECTION 10-4 RECEIPT OR SOLICITATION OF GIFTS .................................................... 35
SECTION 10-5 POLITICAL ACTIVITY................................................................................. 35
SECTION11- HARASSMENT................................................................................................ 36
SECTION11-1 GENERAL...................................................................................................... 36
SECTION 11-2 SEXUAL HARASSMENT............................................................................. 36
SECTION12 DISCIPLINE...................................................................................................... 39
SECTION12-1 GENERAL...................................................................................................... 39
SECTION 12-2 WORK RULE OFFENSES............................................................................. 39
SECTION12-3 PROCESS..................................................................................................... 42
SECTION 12-4 NOTICE OF REASONS FOR TERMINATION ............................................ 44
SECTION 12-5 REPORTS OF DISCIPLINARY ACTION ..................................................... 44
SECTION13 - SAFETY............................................................................................................ 44
SECTION 14 - DRUG AND ALCOHOL USE......................................................................... 45
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PAGE
SECTION 15 - POLICY PROHIBITING EMPLOYEE........................................................ 45
POSSESSIONOF FIREARMS...................................:............................................................. 45
SECTION 16 - CONFIDENTIALITY/DATA PRACTICES ................................................. 46
SECTION 16-1 DATA PRACTICES ADVISORY.................................................................. 46
SECTION16-2 TYPES OF DATA........................................................................................... 47
SECTION 16-3 PUBLIC PERSONNEL DATA....................................................................... 47
SECTION16-4 ACCESS TO DATA........................................................................................ 49
SECTION 16-5 GENERAL CONTENTS OF PERSONNEL FILES ....................................... 49
SECTION 16-6 TAPE RECORDING POLICY........................................................................ 50
SECTION 16-7 INFORMED CONSENT................................................................................. 50
SECTION 16-8 SECURITY OF PERSONNEL DATA............................................................ 51
SECTION 16-9 SUPERVISORY FILES.................................................................................. 52
SECTION17 - SEPARATIONS................................................................................................ 52
SECTION17-1 RESIGNATIONS............................................................................................ 52
SECTION17-2 SEVERANCE PAY......................................................................................... 52
SECTION 18 - MEDIA CONTACT/PRESS RELEASES...................................................... 53
SECTION 19 - PERSONAL TELEPHONE CALLS.............................................................. 53
SECTION 20 - CELLULAR TELEPHONE/DATA DEVICE USAGE ................................ 53
SECTION21- INTERNET/EMAIL......................................................................................... 54
SECTION21-1 GENERAL...................................................................................................... 54
SECTION 21-2 APPROPRIATE USE DEFINED.................................................................... 54
SECTION 21-3 INTERNET USE EXPECTATIONS............................................................... 55
SECTIoN 21-4 CONFIDENTIALITY/SECURITY................................................................ 55
SECTION 21-5 CONSEQUENCES OF MISUSE.................................................................... 55
SECTION 22 - CITY VEHICLE USE...................................................................................... 56
SECTION22-1 GENERAL...................................................................................................... 56
SECTION 22-2 VEHICLE ACCIDENTS................................................................................. 56
ACKNOWLEDGMENT............................................................................................................ 57
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SECTION 1 - PURPOSE AND INTENT
SECTION 1-1 PURPOSE
Public employees have a high degree of visibility to the general public and therefore must
exercise their duties with particular care and caution to ensure prompt, efficient, high quality
services for the public. It is the purpose of these personnel policies to establish a uniform and
equitable system of personnel administration for employees of the City of Otsego. They are not
intended to be all-inclusive nor to cover every situation that may arise. These policies may be
amended at any time at the sole discretion of the City and they will supersede all previous
personnel policies.
SECTION 1-2 INTENT
1-2.1 The policies herein are not terms and shall not be regarded as or construed as contractual
provisions. The provisions may be changed at any time by a majority vote of the city
council. The provisions shall not be interpreted as creating anything other than an at will
employment relationship, wherein the employee may terminate his/her employment at
any time for any reason. Except as otherwise prohibited by law, the City has the right to
terminate any employee at any time for any or no reason.
1-2.2 These policies are not an employment contract, nor should they be construed as one.
Personnel policies are adopted and applied at the discretion of the City Council and may
be withdrawn, applied, or amended at any time.
SECTION 1-3 APPLICABILITY
1-3.1 The provisions of these policies shall cover all full time and part time employees.
Temporary/seasonal, intermittent and paid on call employees are included except when
specifically stated herein.
1-3.2 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 1-4 NON-DISCRIMINATION
1-4.1 It is the policy of the City of Otsego not to discriminate in employment matters on the
basis of race, creed, color, age, marital status, national origin, sex, sexual orientation,
status with regard to public assistance, or disability.
1-4.2 No person shall be employed, promoted, demoted, or discharged by the City or in any
way favored or discriminated against because of political opinions or affiliations, race,
color, national origin, religion, sex, marital status, sexual orientation, status with regard to
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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 179A.25.
SECTION 1-5 DEFINITIONS
For policy purposes, the following terms shall have the meanings given herein:
"CITY" - City of Otsego
"CITY ADMINISTRATOR" - City Administrator of the City of Otsego
"COMPENSATORY TIME OFF" - Time taken off by nonexempt employees who worked
more than 40 hours per week in lieu of paid overtime
"CONTRACTUAL INDIVIDUALS" - Individuals who offer their services to the public and
do not meet the criteria as an employee according to IRS regulations. Contractual individuals are
appointed by the City Council under a fee basis, are not eligible for employment rights or
benefits, are not considered employees and are not covered by the Personnel Policies with the
exception of Non-discrimination and Harassment Policies.
"DEMOTION" - Movement of an employee from one job class to another where the maximum
salary for the new position is lower than that of the former position. This action may be
voluntary or involuntary.
"EXEMPT EMPLOYEE" - Employees who are assigned to executive, administrative, or
professional positions which are exempt from the minimum wage and overtime compensation
provisions of the Fair Labor Standards Act (FLSA).
"NON-EXEMPT EMPLOYEE" - Employees assigned positions that are subject to the
minimum wage and overtime compensation provisions of the Fair Labor Standards Act (FLSA).
"OVERTIME PAY" - Payment to non-exempt employees for services performed in excess of
40 hours per week required by applicable state and federal overtime laws or by written personnel
policies.
"PROMOTION" - Movement of an employee from one job class to another within the City,
where the maximum salary for the new position is higher than that of the former position.
"REGULAR FULL-TIME POSITION" - A group of duties and responsibilities requiring the
employment of a person for at least forty (40) hours per week throughout the year, from year to
year, and which have been defined as regular full time by the City Council.
"REGULAR PART-TIME POSITION" - A group of duties and responsibilities requiring the
part-time employment of one person for a least fourteen (14) but less than forty (40) hours per
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week throughout the year, from year to year, and which have been defined as regular part-time
by the City Council.
"SUPERVISOR'— A person designated as being responsible for a particular employee or group
of employees. A Supervisor can be anyone designated as such by the City Council and does not
have to be an Employee of the City, but may be a person with a contractual relationship with the
City.
"TEMPORARY/SEASONAL POSITION" - A group of duties and responsibilities requiring
employment of an individual for six months or less without regard to the number of hours
worked per day or per week by the individual. Sometimes the employment is for the duration of
a specific project.
"TIME AND A HALF" - The rate of pay to be compensated to non-exempt employees who
work over 40 hours in a week. The rate of pay shall be one and one-half times the regular hourly
rate for every hour of overtime worked.
SECTION 1-6 PROVISIONS SUPERSEDED IN CERTAIN CASES
1-6.1 No provision of this Policy is intended to violate, supersede, or conflict with any
applicable Constitution, statute or regulation, whether state or federal, and to the extent of
any such violation the offending provision of this Policy shall be void, but all remaining
provisions of this Policy shall remain in effect.
SECTION 2 - ORGANIZATION
SECTION 2-1 JOB DESCRIPTIONS
2-1.1 The City will maintain records of job titles and compensation by position and/or job
class, job descriptions for each regular job class and other appropriate information. New
positions can be developed as needed but shall be approved by the City Council.
2-1.2 A classification is a group of positions sharing common duties and requirements.
Positions within a class are assigned the same title and salary level.
SECTION 2-2 ASSIGNING AND SCHEDULING WORK
Assignment of work duties and scheduling work is the responsibility of the supervisor.
SECTION 2-3 DEMOTION
2-3.1 Employees may be demoted if they have been found unsuited for the present position but
may be expected to perform satisfactorily in a different position. Employees may also be
demoted if their position(s) has been abolished or reclassified to a lower class.
Employees that are demoted may earn a different rate of pay than their previous position.
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SECTION 2-4 REDUCTION OF WORKFORCE
Should it become necessary to reduce the workforce, the selection of employees to be retained
shall be based on merit and ability or any other relevant factors as determined by the City
Administrator, subject to approval of the City Council.
SECTION 2-5 LAYOFF
Employees terminated pursuant to reduction in workforce have no right of appeal or any other
procedure as set forth in this manual related to termination of employment for other reasons.
Employees do not have the right to reinstatement.
SECTION 3 - EMPLOYEE RECRUITMENT AND SELECTION
SECTION 3-1 SCOPE
The City Administrator will manage the hiring process for all regular positions within the City.
All applications for full-time and part-time employment shall be submitted to the City
Administrator's Office, or his/her designee, for consideration. The City Administrator will utilize
department resources to assist in the process as appropriate.
SECTION 3-2 FEATURES OF THE RECRUITMENT SYSTEM
3-2.1 Position vacancies, for regular full-time and part-time positions, may be published by
posting announcements on the City website. 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 City issued job applications and other pertinent information.
3-2.2 Appointments and promotions in the City service shall be made according to merit
related to the position being filled.
3-2.3 Position vacancies may be filled on an "acting" basis as needed prior to filling a position
through the normal process. The City Administrator will approve all acting appointments
for regular positions. If a current employee is appointed to an acting position and is later
hired to fill the regular appointment, with no break in service in the new position, the
effective date of the regular appointment will be considered to be the date on which the
acting appointment was made. Pay rate adjustment for acting appointments will be
determined by the City Council with recommendations made by the City Administrator.
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SECTION 3-3 EXAMINATIONS
3-3.1 Applicant qualifications will be evaluated in one or more of the following ways: a
training and experience rating; written test; oral test or interview; performance or
demonstrative test; physical agility test, or other appropriate j ob-related exam.
3-3.2 Any tests for appointment in the City service shall be competitive tests which shall be
open only to applicants who meet the minimum qualifications as stated on the job
posting, or qualifications determined to be equivalent by the City Administrator.
3-3.3 The City Administrator shall establish minimum qualifications for each position with
input from the appropriate department head. All candidates must meet the minimum
qualifications to be eligible to participate in the selection and testing process.
SECTION 3-4 UNLAWFUL ACTS
Falsification of records: No person shall knowingly make any false statement, certificate, mark,
rating, or report in regard to any test, certificate, or appointment held or made under the city
personnel system, or in any manner commit or attempt to commit any fraud preventing the
impartial execution of the provisions of this policy.
SECTION 3-5 PRE-EMPLOYMENT MEDICAL EXAMS
3-5.1 The City Administrator may determine that a pre-employment medical examination,
which may include a psychological evaluation, is necessary to determine fitness to
perform the essential duties of any City position. Where a medical examination is
required, the offer of employment will be made contingent upon successful completion of
the medical exam. The medical exam will include a pre-employment drug test in
accordance with the applicable Drug Testing policy.
3-5.2 Where these exams are required, they will be required of all candidates who are
conditionally offered employment for a given job class. The information obtained during
the medical exam will be treated as confidential medical records.
3-5.3 The exam will be conducted by a licensed physician designated by the City and the cost
of the exam will be paid by the City. The physician will notify the City Administrator
that a candidate either is or isn't medically able to perform the essential functions of the
job, with or without accommodations and whether the candidate passed the drug test if
applicable. If the candidate requires accommodation to perform one or more of the
essential functions of the job, the City Administrator will confer with the physician and
candidate regarding reasonable and acceptable accommodations.
3-5.4 The physician will inform the candidates of the results of their examination. If a
candidate is rejected for employment based on the results, he/she will be notified of this
determination and may request further explanation from the physician.
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SECTION 3-6 SELECTION
3-6.1 The selection process will be a cooperative effort between the City Administrator and the
department head, subject to final hiring approval of the City Council. For regular fall -
time and part-time positions, the City Administrator will normally recommend the top
candidate or candidates to the City Council who has final authority on all hires and
promotions. The City Council may elect to interview any or all of the candidates for
department head positions. The City Council may interview for all department head
positions.
3-6.2 Hiring of seasonal employees may be delegated to the department heads or their designee
upon approval of the City Council. These latter appointments may be terminated by the
department head at any time, subject to City Administrator approval.
SECTION 3-7 EMPLOYMENT OF FAMILY MEMBERS
3-7.1 The City of Otsego is committed to the policy of equal opportunity when hiring,
promoting and evaluating its employees. For purposes of this policy, immediate family
includes: parent, stepparent, parent -in-law, child, stepchild, son- or daughter-in-law,
sibling or sibling -in-law, grandparent, grandchild, legal guardian, or ward of an employee
or elected official.
3-7.2 Members of an employee's immediate family shall be considered for employment based
solely on the individuals' qualifications for vacant positions. However, the City will not
employ an individual if the individual would be subject to administrative or supervisory
control by a member of the individual's immediate family. These policies also apply to
assigning, evaluating, transferring, disciplining or promoting an employee.
3-7.3 City employees shall not be involved in the hiring, recommending for hiring, discipline
or promotion of any member of the employee's immediate family, nor placed in a
position with authority to hire or supervise immediate family members.
3-7.4 The City shall not hire a member of the Mayor or a City Council member's immediate
family while that elected official is in office nor for a minimum 180 days after an elected
official is no longer in office.
SECTION 3-8 AFFIRMATIVE ACTION/EEO POLICY STATEMENT
3-8.1 There shall be no discrimination of employees or applicants for employment based on
race, color, creed, religion, ancestry, national origin, sexual orientation, disability, marital
status, status with regard to public assistance, political affiliation, sex or age (except
where sex or age is a bona fide occupational qualification). The City of Otsego will take
Affirmative Action to ensure that all employment practices are free of such
discrimination.
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3-8.2 Such employment practices include, but are not limited to, the following: hiring,
reclassification, demotion, transfer, recruitment, selection, layoff, disciplinary action,
termination, rates of pay or other forms of compensation, and selection for training.
3-8.3 The City of Otsego will commit the necessary time and resources, both financial and
human, to achieve the goals of Equal Employment Opportunity and Affirmative Action.
Any employee of the City who does not comply with the Equal Employment Opportunity
Policies and Procedures will be subject to disciplinary action.
SECTION 4 - COMPENSATION
SECTION 4-1 GENERAL
4-1.1 Employees of the city shall be compensated according to a schedule established by the
City Council. Unless approved by the Council, no employee shall receive pay from the
City in addition to the salary authorized for the position to which he or she has been
appointed.
4-1.2 Subject to MN Statute 179A.25, but notwithstanding any other law to the contrary, the
city shall maintain equitable compensation relationships as prescribed by MN Stat.
471.991 to 471.999.
4-1.3 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 compensatory time between December 1 and November 30 of the following
year. Hours of compensatory time not taken by November 30 shall be paid to the
employee as hours worked at the applicable rate of pay. Non-exempt temporary/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 Paychecks are normally issued every two weeks. Distribution of paychecks to City
employees is to be accomplished in a timely manner using accurate, consistent
procedures. When paydays fall on a holiday, checks are normally issued the day before
the holiday.
4-2.3 Employees are responsible to notify the Finance Department of any change in status
including changes in address, phone number, names of beneficiaries, marital status, etc.
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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) Employees:
A. All overtime -eligible employees will be compensated at the rate of time and one-
half for all hours worked over 40 in one workweek. PTO time does not count
toward "hours worked" except during non-scheduled emergencies as determined
by the City Administrator or Department Head. Holidays will count as time
worked for purposes of computing overtime for non-exempt employees.
B. Compensation will take the form of either time and one-half pay or compensatory
time. Compensatory time is paid time off at the rate of one and one-half hours off
for each hour of overtime worked. When earned compensatory time hours are
used, they are considered hours worked for overtime purposes.
C. The employee's supervisor must approve overtime hours in advance
whenever possible. An employee who works overtime without prior approval may
be subject to disciplinary action.
D. Overtime earned will be paid at the rate of time and one-half on the next regularly
scheduled payroll date, unless the employee and the department head mutually
agree that the overtime will be banked as compensatory time in lieu of payment.
E. The maximum compensatory time accumulation is 40 hours. Compensatory time
may exceed 40 hours only under circumstances that are determined to be public
safety emergencies. Compensatory time may be earned from December 1 through
November 30 each year. By November 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.
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
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compensatory time records. All compensatory time accrued will be paid when the
employee leaves city employment at the hourly pay rate the employee is earning
at that time.
4-3.3 Exempt (Salaried) Employees:
A. Exempt employees are expected to work whatever hours are necessary in order to
meet the performance expectations outlined by their supervisors. On occasion,
they are required to work on Holidays, Saturdays or Sundays and these will not be
considered extra workdays and they will not be compensated additionally for
them. Exempt employees do not receive extra pay for the hours worked over 40 in
one workweek.
B. Exempt employees are paid on a salary basis. This means that they receive a
predetermined amount of pay each pay period and are not paid by the hour. Their
pay does not vary based on the quality or quantity of work performed, and they
receive their full weekly salary for any week in which any work is performed.
Absences of less than four (4) hours do not require use of paid leave as it is
presumed that the staff member regularly puts in extra hours above and beyond
the normal forty (40) hour work week. Over a sustained year period, it is
expected that salaried employees shall put in at least as many hours as would an
hourly employee considered to be full-time.
C. The City of Otsego will not make deductions from pay due to exempt employees
being absent for jury duty or attendance as a witness in a legal proceeding but will
require the employee to pay back to the city any amounts received by the
employee as jury fees or witness fees, excluding mileage reimbursement.
D. If the city inadvertently makes an improper deduction to the weekly salary of an
exempt employee, the City will reimburse the employee and make appropriate
changes to comply in the future.
E. Employees must communicate their absence to the City Administrator or
designee. FLSA Exempt employees shall complete an electronic time reporting
form, on a biweekly basis, indicating exceptions to the normal work week (i.e. use
of PTO, holidays and other authorized leaves). Because exempt employees are
required to work longer days at times, and come in on days off, their work hours
may vary from a standard schedule. Their regular workdays shall be based upon
their department schedule.
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4-3.4 Requirement to Work Overtime:
A. Overtime should be avoided but, when it is necessary, the immediate supervisor
(or department head) must give specific approval prior to its being worked. Pre-
authorization may be presumed by employees in emergency situations such as
excess snowfall, flood, natural disasters, lift station malfunctions, or other similar
situations where the immediate response of staff is required to avert
endangerment of life, home or property.
B. All employees, in all departments, are required to work overtime if requested by
their supervisors as a condition of continued employment. Refusal to work
overtime may result in disciplinary action. Supervisors will make reasonable
efforts to balance the personal needs of their employees when assigning overtime
work.
SECTION 4-4 MEAL BREAKS AND REST PERIODS
4-4.1 City employees, when working under conditions where the use of a break is practical,
shall be granted two fifteen (15) minute breaks during each work shift of eight (8) or
more hours at a time specified by the Department Head. A fifteen (15) minute break is
measured from the time work is stopped until it is resumed. Break times may not be used
to shorten the workday (e.g. Saving the two fifteen minute breaks to the end of the day
and leaving after 71/2 or 8 1/2 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. It is understood that employees
may need to return to their duties during any paid break if the need arises to ensure
continuity of services.
4-4.2 Employees 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.
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SECTION 5 - EMPLOYEE BENEFITS
SECTION 5-1 ELIGIBILITY
5-1.1 Employee benefits mentioned in this section apply to all employees working thirty (30)
hours a week and not seasonal.
5-1.2 Employees who are hired for part time positions of 30 or more hours per week are
eligible for pro -rated benefits. Such benefits will be pro -rated based on hours approved
for the position and worked by the employee as compared to a full time position of two
thousand eighty (2080) hours per year.
54.3 Seasonal employees are not entitled to benefits, unless specifically provided herein.
SECTION 5-2 RETIREMENT BENEFITS
5-2.1 Public Employees Retirement Association (PERA):
All persons, with the possible exception of the City Administrator pursuant to State law,
hired for regular full and part time positions and certain temporary/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 benefit -earning City employees.
SECTION 5-3 INSURANCE BENEFITS
5-3.1 With the exception of seasonal employees and employees that work intermittent hours,
sometimes referred to as project employees, all employees scheduled to work thirty (3 0)
or more hours per week are eligible to participate in the City's Benefit Plan.
5-3.2 Insurance:
A. Employees are eligible for insurance coverage under the City -sponsored plans.
Part-time employees hired to work 30 or more hours per week may elect to be
covered under these insurance plans. City contributions for 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
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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.
D. The City of Otsego, as required by law, provides continuation of benefits under
Consolidated Omnibus Budget Reconciliation Act (COBRA) and Minnesota
Continuation law. COBRA gives employees and their dependents that lose their
health benefits due to a qualifying event the right to choose to continue group
health benefits provided by their group plan for limited periods of time.
Minnesota Continuation Law provides for continuation of group life insurance for
a maximum of 18 months. An administrative fee may apply to continuation of
benefits.
SECTION 5-4 MEDICAL AND DEPENDENT CARE FLEXIBLE BENEFIT PLANS
5-4.1 The City provides a flexible benefit plan that allows an employee to set aside pre-tax
income for eligible medical and child care expenses for all regular and probationary full
time and benefit -earning part-time City employees. These plans provide employees with
a choice among different combinations of medical care benefits, dependent care benefits
and direct compensation.
5-4.2 Participants may designate a portion of their compensation as Pay Conversion
Contributions. These contributions may be applied toward the following benefits:
A. Medical Expense Reimbursement Plan - This plan has been established by the
City to help provide more complete medical coverage for those employees who
participate in the Employer's flex plan and who choose to make contributions to a
medical expense reimbursement account. It is intended to provide reimbursement
of deductibles, co -payments, and coinsurance amounts that a participant may be
required to pay, as well as reimbursement of other eligible medical and
hospitalization expenses covered by this plan.
B. Dependent Care Assistance Plan - This plan has been established by the City for
the benefit of employees who participate in the flex plan, and who choose to make
contributions to a dependent care expense reimbursement account. It is intended
to provide reimbursement for eligible expenses for the custodial care of a child or
other eligible dependent when such custodial care is needed to enable the
participant and his or her spouse (if applicable) to remain employed.
5-4.3 The Medical Expense and Dependent Care Plan Documents describe each benefit in
detail. Participants are given a Summary Plan Description upon entering the Plan and the
Plan document is retained on file in the City Finance Department for use by employees.
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SECTION 6 - PAID TIME OFF
SECTION 6-1 PERSONAL TIME OFF LEAVE
6-1.1 Personal Time Off Leave (PTO):
PTO will accrue according to the following schedule for full-time employees. Eligible part-time
employees working a minimum of twenty (20) hours per week will receive pro -rated leave based
on their scheduled hours. Seasonal employees do not qualify for the benefits in Section 6. PTO
Schedule:
BENEFIT ELIGIBLE YEARS
OF EMPLOYMENT
0 through 1 year
2 through 5 years
6 through 9 years
10 through 14 years
15+ years
ACCRUAL PER PTO HOURS
PAY PERIOD PER YEAR
4.00 hours
104 hours
6.77 hours
176 hours
8.00 hours
208 hours
Eight hours additional for each year
9.85 hours
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
approved by a supervisor unless it is used for illness or similar unexpected
situations.
B. Employees may carry over from one calendar year ending December 31 to
the next up to the amount of PTO earned in the prior year. 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 long term
disability payments unless the STD/LTD payment is less than the employee's pay
for the same period in which case the short fall may be made up with the use of
PTO.
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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. PTO shall not be available for use until after the first six months of employment
unless approved by the City Administrator.
D. Supervisors shall establish procedures for scheduling leaves for their department
giving consideration to the needs of the City services and the ability of the
remaining staff to perform work responsibilities.
E. PTO may be used in no less than thirty (30) minute increments.
F. When non-exempt employees work less than their scheduled hours, they are
required to use paid leave to cover the number of hours missed in the workweek.
They may not use leave time to go over 40 hours per week except in cases of an
emergency as described in Section 4-3.2A. When employees have used all
eligible paid leave and compensatory time, any additional hours missed will be
without pay.
SECTION 6-2 HOLIDAYS
The following holidays are observed by the City:
New Year's Day (January 1st)
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 1040 hours per year (average of 20 hours per
week) will receive pro -rated paid holidays; hours of holiday pay will be pro -rated according to
the number of hours worked. Temporary and seasonal employees are not eligible for paid
holiday leave.
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An employee is entitled to holiday pay if he/she has worked or has used other paid leave his/her
last scheduled day prior to and his/her first scheduled day after the official holiday.
Generally, for employees working a Monday through Friday workweek, holidays occurring on
Saturday will be observed the preceding Friday and holidays occurring on Sunday will be
observed on the following Monday. When Christmas Eve Day falls on a Saturday or Sunday, or
when Christmas Day falls on a Saturday, the City may designate one of these holidays as a
floating holiday to be taken at another time as approved by the employee's supervisor. A
floating holiday is equal to eight (8) hours of holiday leave. The floating holiday must be taken
in a one day increment with the exception of employees scheduled to work four hour shifts.
These employees may take their floating holiday in two four hour increments on days in which
they were scheduled to work a four hour shift.
6-2.1 Holiday Overtime:
All non-exempt employees who are required to work on an actual or observed holiday shall
receive two times their hourly rate for all hours on that day. This holiday overtime will be paid
in addition to any holiday pay eligible employees would have been entitled to had they not been
required to work.
SECTION 6-3 FAMILY AND MEDICAL LEAVE
6-3.1 Reasons for Family and Medical Leave:
In accordance with the Family and Medical Leave Act (FMLA), unpaid job protected leave will
be granted to all eligible employees (male and female) for up to twelve (12) weeks per twelve
(12) month period for any of the following reasons:
A. Birth and care of a newborn child (must conclude within twelve (12) months after
the birth or placement), pre -natal care or incapacity due to pregnancy,
B. Placement of a child with the employee for adoption or foster care (must
concluded within twelve (12) months after the birth or placement);
C. To care for a spouse, son, daughter or parent who has a serious health condition;
D. Inpatient Treatment;
E. For a serious health condition, that makes the employee unable to perform the
functions of the position; or
F. Because of any qualifying exigency arising out of the fact that the spouse, or a son,
daughter, or parent of the employee is on active duty (or has been notified of an
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impending call or order to active duty) in the Armed Forces in support of a
contingency operation.
Employees that are eligible for FMLA leave shall be required to use all accrued PTO during the
FMLA leave.
6-3.2 Service Member Family Leave:
An eligible employee who is the spouse, son, daughter, parent or next of loin of a covered service
member shall be entitled to a total of 26 workweeks of leave during a 12 -month period to care
for the service member with a serious active -duty -related illness or injury (see definition below).
The leave described in this paragraph shall only 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 definitions apply:
"Caring" for someone includes psychological as well as physical care. It also includes
acquiring care and sharing care duties.
An eligible "son or daughter" is defined as a person under 18 years of age (or a person
incapable of self-care because of a physical or mental disability) who is a biological, adopted,
foster or step child, a ward of the employee, or a person with whom the employee is charged
with a parent's rights, duties and responsibilities. For purposes of military qualifying
exigency leave, the age limit is disregarded.
An eligible "parent" includes a biological parent or a person who was charged with a
parent's rights, duties and responsibilities over the employee when the employee was
under the legal age, but doesn't include in-laws.
The term "serious health condition" means an illness, injury, impairment, or physical or
mental condition that involves:
A. inpatient care in a hospital, hospice, or residential medical care facility; or
B. continuing treatment by a health care provider.
The term "serious injury or illness", in the case of a member of the Armed Forces, means
an injury or illness incurred by the member in line of duty on active duty in the Armed
Forces that may render the member medically unfit to perform the duties of the member's
office, grade, rank, or rating.
FMLA is available for treatment of substance abuse when it qualifies as a "serious health
condition" but not for an absence that was required because of use of a substance.
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The term "covered service member" means a member of the Aimed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the
temporary disability retired list, for a serious injury or illness.
6-3.4 Eligibility:
An eligible employee is one who has worked for the City for a cumulative period of twelve (12)
months and worked at least 1,250 hours for the City during the twelve (12) month period prior to
requesting the leave.
6-3.5 Leave Year:
The leave year begins on the first day of an employee's leave and continues for 12 consecutive
months thereafter for purposes of this policy.
6-3.6 Notice:
The employee is to give verbal or written notice at least thirty (30) days prior to the date on
which the leave is to begin if the need for leave is foreseeable. The thirty (3 0) day notice
requirement can be waived by the City if circumstances warrant.
If an employee fails to give thirty (30) days' notice for a foreseeable leave with no reasonable
explanation for the delay, the leave may be denied until thirty (30) days after the employee
provides notice. Planned medical treatment should be scheduled so that it will not unduly disrupt
the City's operations.
6-3.7 Medical Certification:
The employee may be required to submit medical certification to support a request for leave
because of a serious health condition of a child, spouse, parent or the employee. A "Certification
of Physician or Practitioner" form can be obtained from the Finance Department.
It is to be completed by the attending physician or practitioner and submitted to the City
Administrator within fifteen (15) days after requested, or as soon as is reasonably practicable.
It must include enough facts to determine whether the certification is sufficient to warrant the
leave of absence.
A. For an employee with a serious health condition, it will be sufficient if it states:
1. the date on which the serious health condition commenced;
2. the probable duration of the condition;
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3. the appropriate medical facts within the knowledge of the health care
provider regarding the condition;
B. For a leave for care for a son, daughter, spouse, or parent, it must provide an
estimate of the amount of time that such employee is needed to care for the son,
daughter, spouse, or parent.
C. In the case of certification for intermittent leave, or leave on a reduced leave
schedule, for planned medical treatment, it must include the dates on which such
treatment is expected to be given and the duration of such treatment;
D. In the case of certification for intermittent leave, or leave on a reduced leave
schedule, for a chronic serious health condition, it must include a statement of the
medical necessity for the intermittent leave or leave on a reduced leave schedule,
and the expected duration of the intermittent leave or reduced leave schedule; and
E. For intermittent leave, or leave on a reduced leave schedule, for the care of the
son, daughter, parent, or spouse who has a serious health condition, it must show
it is medically necessary to care for that family member, or will assist in their
recovery, and the expected duration and schedule of the intermittent leave or
reduced leave schedule.
F. The City may require a second (or third) opinion at the City's expense. If required,
the City will select a health care provider not regularly associated with the City.
6-3.8 Re -certification:
Re -certification may be required if the employee requests an extension of the original length
approved by the City (up to a maximum of twelve (12) weeks) or if the employee's
circumstances change. Re -certification may also be required if there is a question as to the
validity of the certification or if the employee is unable to return to work due to the serious
health condition. In general, the City may request recertification no more often than every thirty
(30) days.
6-3.9 Intermittent Leave:
Leave requested because of a serious health condition of either a family member or the employee
may be taken intermittently or on a reduced schedule if such leave is deemed to be medically
necessary. All requests for intermittent leave will be evaluated on a case-by-case basis.
Employees are required to make reasonable efforts to schedule leave that is foreseeable for
planned medical treatment so the leave does not unduly disrupt City operations.
The employer may require the employee to transfer temporarily to an alternative position, with
equivalent pay and benefits that better accommodates the intermittent leave than the regular
position.
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6-3.10 Fitness For Duty Certification:
The City may require a medical certificate attesting to the employee's fitness for duty prior to
return to work. The fitness for duty report must be based on the particular health condition(s) for
which the leave was approved and must address whether the employee 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.
6-3.11 Job Protection:
Employees returning from Family and Medical Leave will be reinstated in their former position
or a position equivalent in pay, benefits and other terms and conditions of employment.
An employee's reinstatement rights are the same as they would have been had the employee not
been on leave. Thus, if an employee's position would have been eliminated or an employee
would have been terminated but for the leave, the employee would not have the right to be
reinstated upon return from leave.
6-3.12 Effect On Benefits:
A. Health and Dental Insurance - An employee granted a leave under this policy
will continue to be covered under the City's group health and dental insurance
plan under the same conditions and at the same level of City contribution as
would have been provided if they had been continuously employed during the
leave period. If there are changes in the City's contribution levels while the
employee is on leave, those changes will take place as if the employee were still
on the job.
The employee will be required to continue payment of the employee portion of all
group insurance coverage, and the city's portion plus any required administrative
fee, if applicable, for life insurance continuation, if continuation is desired.
Employees must make arrangements with the 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.
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C. Use Of Accrued Compensatory Time Or Paid Leave During Family And
Medical Leave - During the Family and Medical Leave, employees must use
their accrued compensatory time prior to taking an unpaid leave unless their
medical condition/injury is covered by worker's compensation or disability
insurance, or the absence qualifies under the State Parental Leave law (see
Parental Leave Policy - 6-8).
Employees may use accrued PTO, if they so choose, after compensatory time is
exhausted. When compensatory time has been exhausted, any remaining time will
be unpaid except for PTO requested by the employee.
D. Effect On Pension - FMLA leave counts as continued service for purposes of
retirement or pension plans.
E. Training - Employees who have missed training sessions while on FMLA leave
will be given a reasonable opportunity to make them up.
6-3.13 Records Retention:
Records on FMLA leave will be kept along with normal payroll records except that any medical
record will be maintained separately as a confidential medical record in accordance with the law.
6-3.14 Failure To Return From FMLA Leave:
A. Employees who cannot return from an approved Family and Medical Leave at the
end of the approved leave period must request an extension (up to the maximum
of twelve (12) weeks allowed). If the twelve (12) allowable weeks have already
been used, the employee can request to go on a regular unpaid leave of absence.
If approved, the employee will be required to pay the full cost of all group
insurance, as allowed under COBRA, in order to continue coverage. See
exception to this rule under Continuation Coverage, Section 5-5.2.
B. If the unpaid leave of absence is not approved or the employee fails to request
additional leave, the employee will be considered to have voluntarily quit in
accordance with the Attendance Policy.
C. If circumstances beyond the employee's control prevented the employee from
requesting additional leave, a retroactive leave request may be allowed, subject to
the City Administrator's approval.
D. If an employee fails to return from an FMLA leave and is determined to have
voluntarily quit as described above, the City may seek reimbursement from the
employee for the portion of the premiums paid by the City on behalf of that
employee during the period of leave.
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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
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.
If the injury is not of an emergency nature, but requires medical attention, the employee
shall report it to the supervisor and call the managed care provider to schedule a medical
appointment.
6-6.2 Worker's Compensation benefits and procedures to return to work shall be applied
according to applicable State and Federal laws, and requirements of the City's Worker's
Compensation Administrator.
SECTION 6-7 EMPLOYEES WITH HEALTH-RELATED WORK RESTRICTIONS
6-7.1 At times employees may require job modifications, a leave of absence, or other action
due to an injury, illness or a medical or psychological condition preventing them from
performing one or more of their required duties. Employees are responsible for notifying
their supervisor of any need for job modification or leave of absence. Each situation will
be evaluated on a case-by-case basis consistent with applicable State and Federal laws.
Medical documentation may be required.
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6-7.2 Job modification, leaves, or other action may also be required when an employee cannot
safely perform the job. This includes situations where exposure to potentially harmful
situations or substances is likely to jeopardize the health or safety of the employee,
coworkers, or the public. It also includes situations where an employee's work
performance - or other indications- lead a supervisor to objectively conclude that the
employee may not be able to 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.
SECTION 6-8 PARENTING LEAVE
6-8.1 Under Minnesota law, Employees who work twenty (20) hours or more per week and
have been employed more than one year are entitled to take an unpaid leave of absence in
connection with the birth or adoption of a child. The leave may not exceed twelve (12)
weeks, and must begin within twelve (12) months of the birth or adoption or, where the
child must remain in the hospital longer than the mother, within twelve (12) months after
the child leaves the hospital.
6-8.2 Employees are not required to use PTO during parental leave but may use it at their
option for any period of this leave.
6-8.3 The employee is entitled to return to work in the same position and at the same rate of
pay the employee was receiving prior to commencement of the leave. Group insurance
coverage and City contributions will remain in effect during the twelve (12) week leave.
6-8.4 If the employee has any FMLA eligibility remaining at the time this leave commences,
this leave will also count as FMLA leave. The two leaves will run concurrently until
eligibility for either leave expires.
6-8.5 Seniority will continue to accrue during the twelve (12) week parental leave for eligible
employees. Employees, who are not covered under the law, may receive up to a
maximum of two (2) weeks unpaid leave that is not adjusted for seniority with
authorization of the department head and City Administrator.
SECTION 6-9 FUNERAL LEAVE
6-9.1 Funeral leave may be granted to full time and benefit -earning part-time City employees
by the employee's immediate supervisor. To be eligible for funeral leave, an employee
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must furnish adequate proof that a death has occurred within the employee's immediate
family.
6-9.2 The term "immediate family" shall include spouse, parents and step-parents, children,
step -children, grandparents, and brothers and sisters of the employee or employee's
spouse. Relatives of the employee other than those above listed shall not be considered
members of the immediate family for the purposes of this policy.
6-9.3 Paid funeral leave may be granted for two (2) work days. This paid leave will not be
deducted from the employee's PTO balance.
SECTION 6-10 MILITARY LEAVE
6-10.1 Minnesota Statutes Section 192.26 and 192.261 provide that an employee of any
municipality who is a member of the National Guard, the Naval Militia, the Officers
Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve
component of the military or naval forces of the United States, is entitled to a leave of
absence without loss of pay, seniority status, efficiency rating, or benefits for the time
such employee is engaged in training or active service not exceeding a total of fifteen
(15) days in any calendar year.
6-10.2 In accordance with State Law, the employee shall be granted an unpaid leave of absence
when called to active duty. If an employee has not yet used their fifteen (15) days of paid
leave when called to active duty, any unused paid time will be allowed prior to the unpaid
leave of absence.
6-10.3 Such leave shall not be allowed unless the officer or employee (1) returns to the public
position immediately on being relieved from such military or naval service and not later
than the expiration of the time limited by state statute for such leave, or (2) is prevented
from so returning by physical or mental disability or other cause not due to the officer's
or employee's own fault, or (3) is required by proper authority to continue in such
military or naval service beyond the time limited by state statute for such leave. Notice
shall be given the Employer at least fifteen (15) working days in advance of the requested
leave. Notice may be waived under certain circumstances.
6-10.4 Returning reservists have the right to return to their jobs or another job of similar
seniority, status, and pay upon completion of active duty in accordance with M.S.
192.261, Subd. 2 and 38 U.S.C. Section4316.
6-10.5 Eligibility for continuation of insurance coverage will follow the same procedures as for
any terminated or laid -off employee while the employee is on an unpaid leave of absence
for active duty. In addition, military leaves of absence shall be considered work time for
the purposes of PTO accrual. See also Section 6-3 Family and Medical Leave.
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SECTION 6-11 JURY DUTY LEAVE
641.1 Full time and benefit -earning part-time employees shall be granted paid leaves of absence
for required jury duty provided that such duty does not exceed one hundred twenty (120)
hours in any one calendar year. Employees shall receive that portion of their regular
straight time pay that will, together with their jury pay, equal their total compensation for
the same period.
The time spent on jury duty shall not be counted as time in computing overtime.
Employees excused or release from jury duty during their regular working hours shall
report to their supervisors immediately thereafter.
6-11.2 Employees shall notify their supervisor as soon as possible after receiving notice to report
for jury duty. The employee will be responsible for ensuring that a report of jury duty and
pay form is completed by the Clerk of Court each week so that City will be able to
determine the amount of compensation due for the period involved.
6-11.3 Temporary/seasonal and part-time employees working less than twenty (20) hours per
week are not eligible for compensation for absences due to jury duty. They can take a
leave without pay with department head approval.
6-11.4 Court Appearances - Employees will be granted paid leave time to testify in Court only
for City -related business. Any compensation received for court appearances (e.g.
subpoena fees) arising out of or in connection with City employment, minus mileage
reimbursement, must be turned over to the Finance Department.
SECTION 6-12 SCHOOL CONFERENCE LEAVE
Any employee who has worked half-time or more may take unpaid leave for up to a total of
sixteen (16) hours during any twelve (12) month period to attend school conferences or
classroom activities related to the employee's child (under 18 or under 20 and still attending
secondary school), provided the conference or classroom activities cannot be scheduled during
non -work hours. Verification may be required.
SECTION 6-13 ELECTIONS/VOTING
6-13.1 An employee who is selected to serve as an election judge pursuant to M.S. Section
204B.21 subd. 2, will be allowed time off without pay for purposes of serving as an
election judge, provided that the employee gives the City twenty (20) days written notice.
6-13.2 All employees who are eligible to vote at a regularly scheduled state primary or general
election, an election to fill a vacancy in the office of United States senator or United
States representative, or an election to fill a vacancy in the office of state senator or state
representative, shall be allowed time off with pay to vote during the morning of election
day.
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SECTION 6-14 LEAVE OF ABSENCE WITHOUT PAY
6-14.1 This section sets forth policy regarding leave without pay and shall generally be followed
to promote fairness and consistency. However, nothing in this policy shall limit the City's
authority to make additional reasonable accommodations as may be necessary and which
do not result in hardship to the City.
6-14.2 Supervisors may, giving consideration to the needs of the City and the ability of the
remaining staff to accomplish work responsibilities, authorize regular employees to be
absent without pay for personal reasons for a period or periods up to a total of ten (10)
working days in any calendar year. Requests for leave of absence without pay in excess
of ten (10) days and up to 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 Council may waive this requirement under
extenuating circumstances.
6-14.4 Leaves of absence will not be given for the purpose of enabling any employee to work for
another employer or to engage in any form of self-employment. Any employee who
obtains a leave of absence by misrepresenting the purpose therefore shall be discharged.
6-14.5 While on approved leave of absence without pay exceeding ten consecutive working
days, an employee will not receive city contributions to city -sponsored group
insurance(s) unless the leave qualifies as parenting or family and medical leave or the
employee 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 sole 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.
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6-14.8 Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons
other than qualified Parenting or Family and Medical Leave, are not guaranteed return to
their original position. If their original position or a position of similar or lesser status is
available, it may be offered at the discretion of the City. See also Military Leave, Section
6-10.
6-14.9 The City acknowledges these provisions are not intended to modify or replace any rights
to any employee that are granted under State or Federal law.
SECTION 7 - PERFORMANCE REVIEWS
SECTION 7-1 PURPOSE
An objective performance review system has been established by the City of Otsego for the
purpose of periodically documenting the performance of City employees. The quality of
performance rendered by the employee in the past will receive due consideration in such
personnel decisions as promotions, transfers, demotions, terminations and, where applicable,
salary adjustments.
SECTION 7-2 GUIDELINES
A. Performance reviews will be completed by a designated supervisor or department
head, who may receive feedback from others in completing the review.
Performance reviews will be discussed with the employee. Employees may
grieve their performance review to the City Administrator. Employees may also
submit a written response, which, subject to review by the City Administrator,
may be attached to the performance review. If the performance review was
performed by the Administrator, the Employee may grieve the performance
review to the City Council.
B. All performance reviews completed by supervisors below the department head
level will be reviewed and approved by the applicable department head or the
City Administrator. The City Council has sole authority to evaluate the City
Administrator and may elect to receive feedback from others as part of the
process.
C. Performance reviews should be scheduled on a regular basis, at least annually.
Additionally performance reviews may be scheduled at the discretion of the City,
and in the event of circumstances, action or inaction dictating the need for
additional review. The Performance review form, with or without all required
signatures, shall be retained as part of the employee's personnel file in the Finance
Department.
D. Performance reviews will be signed by the employee and the person responsible
for the review. By signing the performance review the employee acknowledges
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that he or she has read the review and has had an opportunity to discuss it with the
person responsible for the review. The employee's signature does not necessarily
indicate agreement with the performance review. Failure to sign the document by
the employee will not delay processing of the review, nor will it impede or delay
any consequences of the review.
SECTION 8 - EMPLOYEE EDUCATION AND TRAINING
SECTION 8-1 PURPOSE AND GUIDELINES
The City promotes staff development as an essential, ongoing function needed to maintain and
improve cost effective quality service to residents. The purposes for staff development are to
ensure that employees develop and maintain the knowledge and skills necessary for effective job
performance and employees are provided with an opportunity for job enrichment and mobility.
8-1.1 Policy Guidelines:
A. The City shall encourage training sessions conducted by employees of the same
department or of similar job classifications where necessary to the performance of
their j obs.
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 and/or
time off work are as follows:
Work interference shall be minimal.
2. Training shall not duplicate recent training.
3. Training costs shall be within budgetary limits.
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4. Preference shall be given to training that provides the most benefit to the
City at the least cost.
The department head shall ensure that there is adequate coverage of
departmental responsibilities before approving training applications.
6. Training shall relate to an employee's job or health/safety.
7. Training shall be structured to provide general information that will aid in
an employee's growth or maintenance of professional standards.
8. If the City requires attendance at a seminar, the City pays
tuition/registration fees and wages for all required hours of attendance.
Expenses will be paid in accordance with standard practices.
9. Employees should be aware at all times that they are representing the City
while attending any conference, meeting, seminar or convention.
Employees should conduct themselves as if they were at work. Improper
conduct at any City authorized or sponsored event reflects poorly on the
City and will be subject to disciplinary action as if it occurred during
regular working hours.
SECTION 8-2 MEMBERSHIPS AND DUES
The purpose of memberships to various professional organizations must be directly related to the
betterment of the services of the City. Normally, one City membership per agency, as determined
by the responsible authority is allowed, providing funds are available.
Upon separation of employment, individual memberships remain with the City and are
transferred to other employees by the department head.
SECTION 8-3 TRAVEL REIMBURSEMENT
8-3.1 Purpose:
To reimburse employees for out-of-pocket expenditures when out of the City on approved
business.
8-3.2 Procedures:
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.
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2. All expenses incurred for travel are to be paid by the employee unless pre -paid by
the City. The employee's expenses may be covered with a travel advance or the
employee may use personal funds and be reimbursed after the travel. Travel
advances may only be requested for meals and hotel expenses or airfare that has
not been pre -paid by the City.
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: 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. The City will provide funding for out of State training and National conferences
according to funding availability and approval of the City Administrator and City
Council.
9. 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.
10. A daily allowance for meals will be reimbursed, upon providing proof of actual
expenses, in an amount not to exceed $50.00, to employees who travel on City
business within the State of Minnesota. If meals are included in tuition or
registration fees and/or only a fraction of the day is approved for travel, the per
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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 a.m. and dinner allowances shall be authorized for
arrivals from these airports after 7:00 p.m. Allowances within these parameters
are the responsibility of the Finance Director consistent with the facts and good
judgment applied to each travel expense claim.
11. Other miscellaneous expenses, such as taxis or shuttles to and from the
destination airport, buses, and phone calls that are business related, will be
reimbursed, upon providing proof of actual expenses, at the City's discretion.
(Attempts should be made to retain receipts whenever possible.) Rental car
reimbursement will be made only with prior approval by the City Administrator.
SECTION 9 - PUBLIC PURPOSE EXPENDITURES
SECTION 9-1 GENERAL
Consistent with 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
Public Purpose Expenditure - An expenditure of funds related to the purpose for which the
City of Otsego exists, including the mission, goals, functions, and responsibilities of elected and
appointed officials, employees and other City representatives.
Employee — For purposes of this policy, the word `employee' shall include all employees,
elected officials, and appointed officials.
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SECTION 9-3 PUBLIC PURPOSE GUIDELINES
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.
B. Payment of employee work-related expenses, including travel, lodging, telephone,
and meal expenses serve a public purpose when those expenses are necessarily
incurred by employees in connection with their official duties and/or work
assignments and those expenses are directly related to the performance of the
governmental function for which Otsego has responsibility.
C. Safety, health and wellness programs for Otsego employees serve a public
purpose because they result in healthier and more productive employees and
reduce certain costs to the City and taxpayers, including various costs related to
worker's compensation, health insurance premiums, disability benefit claims, and
lost time due to employee absences.
D. Public expenditures to recognize contributions made by employees are part of an
overall compensation program offered to employees for work performed. It
serves a public purpose because formally recognizing employees who make
contributions and demonstrate their commitment during the performance of their
duties results in higher morale and increased employee cooperation,
understanding and productivity and therefore assists the City in providing
efficient and cost-effective services to its citizens. Including all employees in
events to recognize service and commitment encourages other employees to work
harder and make additional contributions and builds greater teamwork among
employees in different departments.
E. Employee productivity is directly related to employee satisfaction and that
satisfaction depends on much more than just a paycheck. Employee satisfaction
is directly and closely tied to the entire compensation package and the work
environment. Recognizing employees' efforts and talents is a key factor in a good
work- environment and is accomplished several ways, both structured and
unstructured. Examples of structured events include recognition events or
cookouts, employee retirement and farewell events and the like.
These types of events are an integral part of the City's employee compensation
program and are directly related to employee satisfaction, which in turn leads to
greater productivity and enhanced service to the community.
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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.
I. Expenditures for educational reimbursement serve a public purpose when the
coursework is directly related to the job duties or performance needs of the
employee and therefore improve the knowledge, skills and abilities needed to
provide effective and efficient services to the residents.
J. Public expenditures for volunteer recognition serve a public purpose because
formally recognizing volunteers who contribute their time and expertise promotes
a positive relationship with the community and encourages volunteerism.
Increased volunteerism increases the City's ability to provide cost-effective
services to the community.
SECTION 10 - EMPLOYEE RESPONSIBILITY
SECTION 10-1 GENERAL
104.1 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.
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10-1.2 It shall be the responsibility of all employees to:
A. Perform their assigned duties and responsibilities to the best of their ability at all
times, and to continually strive to improve their performance.
B. Render prompt, friendly and courteous service to the public at all times.
C. Read, understand and comply with the rules and regulations as set forth in the
personnel policy, administrative regulations and departmental rules.
D. Conduct themselves with decorum and respond to inquiries and information with
patience and every possible courtesy.
E. Report all unsafe conditions and injuries to their supervisor and file the
appropriate accident or injury related reports immediately.
F. Recommend ideas for improving City services or methods of achieving greater
efficiency or economy.
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:
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).
10-2.3 Absence Procedure:
A. Employees who are absent from work are required to notify their supervisor as
soon as possible in advance of their absence. In case of unexpected absence,
employees should call their supervisor before the scheduled starting time.
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B. Every effort should be made to contact the supervisor directly. However, if the
supervisor is not available at the time, the employee should leave a message for
the supervisor, or his/her designee, including a telephone number where he/she
can be reached or contact any other individual as may be designated by the
supervisor. Departments may establish more specific reporting procedures.
C. The employee must call the supervisor on each day of an absence extending
beyond one (1) day unless specific arrangements otherwise have been made with
the supervisor.
D. Employees who are absent for three (3) days or more and who do not report their
absence in accordance with the policy above, will be considered to have
voluntarily resigned not in good standing. (The City Administrator may waive this
rule if, in 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
10-3.1 The credibility of local government rests heavily upon the confidence that citizens have
in public employees to render fair and impartial services to all without regard to personal
interest and/or political influence. The delivery of public services to our citizens requires
that City employees scrupulously avoid any activity that suggests a conflict of interest
between their private interest and City responsibilities.
City employees shall not engage or have financial interest in any business or other
activity that could reasonably lead to a conflict of interest with the employee's primary
City responsibilities. Employees shall disclose any interest family members may have
which could give the appearance of a conflict of interest at the time the conflict appears.
10-3.2 "Family members" shall be deemed to be the spouse, parents, children, and siblings of
employees or their spouse and/or the lineal descendants of any of them. Once disclosed,
the City Council and City Administrator will exercise due diligence to ensure such family
members are not provided preferential treatment because of their relationship to an
employee or member of the City Council.
10-3.3 Examples of activities that are covered by this policy include, but are not limited to:
1) Having an interest in any business which has contracts or other direct financial
dealings with the City of Otsego;
2) Activities which require the employee to interpret City Codes, ordinances or
regulations when such activity involves matters with which the employee has
business and/or family ties;
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3) Consulting activities carried out within the City of Otsego if such consulting
involves talents or skills primarily related to the employee's City work
responsibilities.
10-3.4 Any employee, elected official, or appointed official engaging in any activity involving
either an actual or potential conflict of interest or having knowledge of such activity by
another employee shall promptly report the same to the City Administrator. The City
Administrator shall investigate the matter and make a determination as to whether or not
an actual or potential conflict exists.
10-3.5 If the City Administrator determines a conflict exists, appropriate actions will be taken to
end the conflict. These actions could include discontinuing or not awarding a contract
with an employee, council member or family member's business, terminating the
conflicting activity, or termination of employment. The City will consider whether the
best interest of the City is served by doing business with the employee's family member
where other options are not available, not practical or are more costly.
SECTION 10-4 RECEIPT OR SOLICITATION OF GIFTS
10-4.1 No employee, elected official, or appointed official shall receive or solicit any gift from
any person, business or organization having any business, administrative, legislative,
contractual or any other relationship with the City if the gift could be perceived to, or
could influence, actions of an official nature. A gift is any money, tangible or intangible
personal property, food, beverage, loan, promise, service or entertainment exceeding
$10.00, or such amount as may be set by state statute.
10-4.2 Departments may adopt more stringent requirements but any such requirements shall be
communicated to the employee and City Council by official notice at least once each
calendar year or shall be part of the official written procedures of the department.
10-4.3 Rendering of consideration. No person seeking employment to or promotion in the
municipal service shall either directly or indirectly give, render, or pay any money,
service, or other valuable consideration to any person, or on account of or in connection
with the test, appointment, or promotion, or proposed appointment or promotion.
SECTION 10-5 POLITICAL ACTIVITY
Although City employees have the right to express their views and to pursue legitimate
involvement in the political system, no employee of the City shall directly or indirectly, during
hours of employment, solicit or receive funds for political purposes or engage in political
activities on City time or City premises.
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SECTION 11 - HARASSMENT
SECTION 11-1 GENERAL
11-1.1 The City of Otsego is committed to creating and maintaining a work environment free
from all forms of harassment and discrimination. Such harassment is a violation of Title
VII of the Civil Rights 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, status with regard to public assistance,
familial status, membership or activity in a local commission, or political opinions or
affiliations is unlawful. This policy statement is intended to make all employees sensitive
to the matter of harassment, to specifically express the City's strong disapproval of
unlawful harassment, to advise employees of their behavioral obligations and to inform
them of their rights.
11-1.4 In keeping with this commitment, the City maintains a strict policy prohibiting unlawful
harassment, including sexual harassment. This policy prohibits harassment in any form,
including verbal and physical harassment.
11-1.5 Management has the obligation to provide an environment free of harassment. The City
is obligated to prevent and correct unlawful harassment in a manner that does not abridge
the rights of the accused. To accomplish this task, the cooperation of all employees is
required.
11-1.6 The City of Otsego recognizes the need to educate its employees on the subject of
harassment and stands committed to provide information and training. All employees are
expected to treat each other and the general public with respect and to assist in fostering
an environment that is free from unwanted harassment.
SECTION 11-2 SEXUAL HARASSMENT
11-2.1 Definition of Sexual Harassment:
Because sexual harassment is sometimes more difficult for employees to recognize, the
following definition is provided (based on excerpts from Minnesota Statutes):
Sexual harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact, or other verbal or physical conduct or
communication of a sexual nature, when:
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1) submission to the conduct or communication is made a term or condition, either
explicitly or implicitly, of an individual's employment,
2) submission to or rejection of that conduct or communication by an individual is
used as a factor in decisions affecting that individual's employment, or
3) that conduct or communication has the purpose or effect of substantially
interfering with an individual's employment or creating an intimidating, hostile, or
offensive work environment.
11-2.2 Examples of Inappropriate Conduct:
Examples include but are not limited to:
unwanted physical contact (including touching, gestures, assault,
impeding or blocking movement), unwelcome sexual jokes or
comments; sexually explicit posters or pinups, letters, poems, graffiti,
cartoons, or drawings, repeated and unwelcome requests for dates or
sexual favors, unwelcome sexual advances or any indication,
expressed or implied, that job security or any other condition of
employment depends on submission to or rejection of unwelcome
sexual requests or behavior.
In summary, sexual harassment is the unwanted, unwelcome and repeated action of an
individual against another individual, using sexual overtones as a means of creating
discomfort.
11-2.3 Reportin1l and Investigation Requirements:
Any employee who feels he or she is being subjected to harassment in any form, or who
believes he or she has witnessed harassment in any form, must contact his or her
supervisor, or the Department Head. If allegations are brought against a supervisor or
department head, such allegations are to be brought directly to the City Administrator. If
allegations are made against the City Administrator or any elected official they shall be
brought to the City Council through the Mayor or a member of the Council who is not the
subject of said allegations.
11-2.4 All supervisors are required to report immediately any allegation to the Department Head
and City Administrator. Only persons with a need to know of the allegation or its
resolution will be made aware of the issue.
11-2.5 In addition to notifying one of the above persons and stating the nature of the harassment,
the employee is also urged to take the following steps:
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1) make it clear to the harasser that the conduct is unwelcome and document that
conversation;
2) document the occurrences of harassment;
3) submit the documented complaints to the person listed above to whom the
employee makes their report. The City urges the employee to put the complaint in
writing;
4) document any further harassment or reprisals that occur after the complaint is
made.
Any complaints that are made will be investigated in a timely fashion. The City will, in
all cases, take action to correct any reported harassment to the extent evidence is
available to verify the alleged harassment and any related retaliation. Each situation will
be evaluated on a case-by-case basis depending on the severity and the circumstances
involved.
All employees shall cooperate in any investigation of such a complaint. If the facts
support the allegations, the perpetrator of the sexual harassment will be subject to
disciplinary action. Any employee found to have made a false complaint of sexual
harassment or found to have given knowingly false information during an investigation of
such a complaint will also be subject to disciplinary action.
11-2.6 Strict confidentiality is not possible in all cases of harassment as the accused has the right
to answer charges made against them, particularly if discipline is a possible outcome.
Reasonable efforts will be made to respect the confidentiality of the individuals involved,
to the extent possible. A record of the complaint and the findings will become a part of
the complaint investigation record and the file will be maintained separately from the
employee's personnel file.
11-2.7 Reprisal:
Employees have the right to raise the issue of harassment and to file complaints with respect to
such harassment without reprisal. Any action intended to intimidate, retaliate against, harass or
disadvantage any person because the person has opposed harassment; reported or complained of
harassment; or testified, assisted or participated in any investigation, proceeding, or hearing,
under this policy or otherwise, regarding harassment is considered a reprisal.
Reprisal includes, but is not limited to, the following actions:
1) refusal to hire or promote the person;
2) departure from any customary employment practice to which the employee would
have otherwise been entitled;
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3) transferring or assigning the person to a lesser position in terms of wages, hours,
job classification, job security or other employment status; or
4) informing another employer that the person has reported harassment.
SECTION 12 DISCIPLINE
SECTION 12-1 GENERAL
12-1.1 City employees are expected to fulfill their duties and responsibilities at the level
required, including observance of work rules and standards of conduct. Failure to do so
may result in disciplinary action. Supervisors are responsible for maintaining compliance
with City standards of employee conduct. The City reserves the right to use discretion in
applying this policy as circumstances warrant.
12-1.2 The reporting of misconduct and prevention of the escalation of misconduct are areas that
demand all employees to exercise courage, integrity, and decisiveness. When a non -
supervisory employee becomes aware of possible misconduct by another City employee,
the employee shall immediately notify a supervisor.
124.3 Furthermore, an employee who observes serious misconduct shall take appropriate action
to cause the misconduct to immediately cease. The fact that a supervisor is present and
not taking appropriate action to stop the serious misconduct does not relieve other
employees present from this obligation.
12-1.4 It is the policy of the City to administer discipline without discrimination. The
department head or City Administrator shall investigate any allegation on which
disciplinary action might be based before any disciplinary action is taken.
SECTION 12-2 WORK RULE OFFENSES
12-2.1 Specific reasons for discipline and dismissal are too numerous to describe in total in these
policies. The following list describes offenses for which employees may be subject to
discipline. The list is not intended to include all possible reasons for discipline. Lack
of a specific listing of reason shall in no way limit the City from taking action
deemed appropriate for a specific offense.
• 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.
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• 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.
• Violating the City's Drug-free Workplace Policy or Drug and Alcohol Testing
Policy for Commercial Drivers.
• Excessive tardiness, excessive absences, unapproved absences, or abuse of leave
privileges.
• Theft or intentional destruction of City property or another employee's property.
• Violation of the City's Harassment Policy.
• Engaging in actions constituting a conflict of interest.
• Dishonesty in the employee's performance of duties, or making any false
statements or material omissions in any matter relating to the employee's duties or
employment, including employment and promotion applications and work
undertaken in the scope of employment.
• Acting or failing to act in a manner otherwise specified that tends to lower
discipline or morale among City employees, brings or tends to bring discredit to
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the City, its elected officials or employees, or that adversely affects the City.
Speech that is protected by the First Amendment of the U.S. Constitution shall not
be a basis for discipline.
• Failure to report an accident to a supervisor as soon as possible upon occurrence.
• Unauthorized personal use of city vehicles, property or equipment.
• Making a false complaint of harassment or found to have given knowingly false
information during any workplace investigation.
• Gross neglect of duty.
• Immoral or indecent conduct while on duty.
• Intentional falsification of personnel records, time reports or other City records or
reports.
• Intentional destruction or removal of City records or documents in violation of the
data retention schedule.
• Sleeping on the job during paid work hours.
• Intentional or careless conduct endangering the safety of other employees,
including 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.
• 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.
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• 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.
• Treating other employees in an unprofessional or disrespectful manner including
making hurtful, disparaging or cutting remarks. (Instructive comments and
suggestions for improvement are encouraged provided they are given in a
positive, constructive manner.)
• Violation of Vehicle Use Policy.
12-2.2 It shall be the policy of the City to administer disciplinary action uniformly and without
discrimination. Discipline will be based upon the nature and severity of the infraction and
the conditions surrounding the incident. The City of Otsego is an "at -will" employer.
Nothing in this article or these personnel policies implies that any City employee has a
property right to the job they perform.
SECTION 12-3 PROCESS
The City may elect to use progressive discipline with any employee, at the City's option. There
are circumstances that warrant deviation from the suggested order or where progressive
discipline is not appropriate.
Disciplinary letters will be placed in the employee's personnel file. The following are
descriptions of the types of disciplinary actions:
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Oral Reprimand:
This measure may be used where personal discussions have not resolved the matter. All
supervisors have the ability to issue oral reprimands without prior approval.
Oral reprimands are normally given for first infractions on minor offenses to clarify expectations
and put the employee on notice that the performance or behavior needs to change, and what the
change must be. The supervisor will document the oral reprimand including date(s) and a
summary of discussion and corrective action needed. The supervisor shall place the
documentation in the Employee's personnel file.
Written Reprimand:
Written reprimands are more serious and normally follow oral reprimands when the problem is
not corrected or the behavior has not consistently improved given a reasonable period of time for
improvement. Certain infractions may require skipping either the oral or written reprimand, or
both. Written reprimands are issued by the supervisor upon prior approval from the City
Administrator.
A written reprimand will normally state the reason for the warning along with the policy,
directive, performance expectation, or other that was violated. It shall normally describe actions
taken by the supervisor to correct the problem, if applicable, including any timetables or goals
set for improvement.
The reprimand will normally also indicate possible future disciplinary action that could result if
the problem continues or related problems occur. Written reprimands will be placed in the
employee's personnel file. The supervisor shall place the written reprimand in the Employee's
personnel file.
Suspension:
The City Administrator may recommend suspension of an employee without pay for disciplinary
reasons. Suspension without pay may be followed with immediate dismissal as deemed
appropriate by the City Council in consultation with the City Attorney. There may be some
situations where suspension with pay or administrative leave with pay will be allowed by the
City Administrator or City Council.
The employee will be notified in writing of the reason for the suspension either prior to the
suspension or shortly thereafter. This letter should include a statement outlining further
disciplinary action should the problem continue or re -occur. A copy of the letter of suspension
will be placed in the employee's personnel file.
An employee may be suspended pending an investigation of an allegation. If the allegation is
proven false after the investigation, any related written documents will be removed from the
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personnel file and the employee shall receive any compensation and benefits due had the
suspension not taken place.
There may be circumstances where an employee will be sent home immediately by the
department head or City Administrator when an employee's behavior violates the Personnel
Policies 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
Administrator. Any relevant information presented at this hearing will be considered along with
all other relevant information already collected in determining appropriate discipline.
If the disciplinary action involves the removal of a covered veteran, a hearing shall be held in
accordance with Minnesota Statutes Section 197.45. Removal of veterans may be made only for
incompetence or misconduct shown after a hearing with due notice (M.S. 197.46). The City
Administrator's decision regarding dismissal will be brought to the City Council for
consideration.
SECTION 12-4 NOTICE OF REASONS FOR TERMINATION
An employee who has been involuntarily terminated may, within five working days following
such termination, request in writing that the City of Otsego inform the employee of the reason
for the termination. Within five working days following receipt of such request, the City of
Otsego shall inform the terminated employee in writing of the truthful reason for the termination.
SECTION 12-5 REPORTS OF DISCIPLINARY ACTION
The City Council shall be promptly notified of all disciplinary action taken against an employee.
Proper record of written reprimands, notices of demotion, suspension, or discharge are to become
a part of the employee's personnel file. Employees subject to discipline will receive notices of
such discipline.
SECTION 13 - SAFETY
13-1.1 The City of Otsego is required to follow O.S.H.A. Rules and Regulations, and expects
employees to follow them also.
13-1.2 There is an Employee -Management Safety Committee within the organization whose
members are either selected by their represented group or appointed by the City
Administrator.
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13-1.3 Safety procedures and policies are outlined in the Safety Manual and made a part of this
Policy Manual.
SECTION 14 - DRUG AND ALCOHOL USE
The City of Otsego is a Drug -flee Workplace. In addition, as mandated by applicable State and
Federal laws, all City employees whose job duties require operating a commercial motor vehicle
and who are required to hold a commercial driver's license (CDL) shall be subject to the City's
Ding and Alcohol Testing Policy for Commercial Drivers. Both policies are made part of these
policies.
SECTION 15 - POLICY PROHIBITING EMPLOYEE
POSSESSION OF FIREARMS
15-1.1 The City of Otsego prohibits all employees from carrying or possessing firearms while
acting in the course and scope of employment for the City. The possession or carrying of
a firearm by employees is prohibited while working on city property or while working in
any location on behalf of the City of Otsego. This includes, but is not limited to:
• 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.
15-1.2 An exception to this policy is that City employees may carry and possess firearms in
City -owned parking areas if they are not working on behalf of the City and have the
proper permit. Therefore, employees who must drive their personal vehicles on City
business must lock their firearm in their trunk before using their vehicle for city business
and leave it in their locked trunk- until the city business is completed.
15-1.3 When responding to on-call work from home after regular hours, an employee is
prohibited from bringing a firearm in their private vehicles unless the vehicle remains in a
parking lot and is not needed in order to respond to the call. No firearms will be allowed
in City vehicles since City vehicles are only to be used for City business.
15-1.4 Violations of this policy are considered a major work infraction and are subject to
disciplinary action in accordance with the City's discipline procedures policy.
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SECTION 16 - CONFIDENTIALITY/DATA PRACTICES
SECTION 16-1 DATA PRACTICES ADVISORY
During the course of employment, the City of Otsego will require employees to provide data that
is classified by State law as either private or confidential.
Private data is information that generally cannot be given to the public but can be given to the
subject of the data. Confidential data is information that generally cannot be given to the public
or the subject of the data.
The City requests this information for various reasons pertaining to employment with the City.
The information provided may be used to process pay and benefits, evaluate performance,
determine pay increases, evaluate suitability for an employee's position or other positions,
determine whether disciplinary action will be imposed and other personnel actions which involve
review of the employee's current and past performance.
Employees who provide false, incomplete, or misleading information may be subject to
discipline, up to and including the possibility of dismissal.
Employees may not be required to provide the information requested. However, the City may
choose to require the information at any time. If required, employees will be provided with
another advisory explaining that the information is required and the consequences of refusal.
Other persons or entities, if authorized by law, may receive the requested information.
Depending on the data requested, these persons or entities may be:
• employees and/or officials of the City who have a need to know the information in
the course of their duties and responsibilities;
• the person who is the subject of private data about him or herself;
• persons who have permission from the subject of the data;
• insurance companies providing group benefits,
• worker's compensation administrative services,
• pre-employment, return to work and fitness for duty medical exams or drug and
alcohol testing services for the City;
• a public pension program;
• the Minnesota Department of Employment and Economic Development in a claim
for or appeal for re-employment benefits;
• individuals who have obtained a court order for the information; and/or
• participants in any litigation, mediation, veteran's preference hearing, grievance
arbitration, or other administrative proceeding which results from actions taken.
If litigation arises, the information may be provided in documents filed with the court, which are
available to any member of the public. If it is reasonably necessary to discuss this information at
a City Council meeting, it will be available to members of the public.
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To the extent that some or all of the information is part of the basis for a final decision on
disciplinary action, that information will become available to any member of the public.
SECTION 16-2 TYPES OF DATA
Public Data: Data about a person that must be shown to the person, if he/she wishes and that is
available to other people.
Private Data: Data about a person that must be shown to the person upon request, but are not
available to others without his/her permission or as otherwise specifically authorized by law.
Personnel Data: Data on individuals collected because the individual is or was an employee or
an applicant for employment, performs service on a voluntary basis, or acts as an independent
contractor with the City.
Summary Data: Statistical records and reports derived from data on individuals but in which
individuals are not identified and from which neither their identities nor any other characteristic
that could uniquely identify an individual is ascertainable.
SECTION 16-3 PUBLIC PERSONNEL DATA
16-3.1 Employee Personnel Data:
Except for certain employees (i.e. undercover law enforcement personnel) the following
personnel data is public:
1. name
2. gross salary
3. salary range
4. gross pension
5. contract fee
6. benefits
7. expense reimbursements
8. job title
9. job description
10. education and training background
11. previous work experience
12. dates of employment (first and last)
13. status of complaints or charges against employees
14. outcome of complaints -disciplinary action
15. work location
16. work telephone number
17. badge number
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16-3.2 Public Data on Applicants for Employment:
The following personnel data are considered public data:
1. veteran status
2. test scores
3. rank and eligibility
4. job history
5. education and training
6. work availability
7. name considered private data except when certified as eligible for an appointment
to a vacancy or considered as one of the "finalists."
16-3.3 Private Personnel Data:
The following personnel data and information are considered private data on individuals and are
not accessible to the public but this data is accessible to the subject employee, the employee's
authorized representative, the immediate supervisor and department head, and other city staff
persons or officials who have a legitimate need to view/know such data as determined by the
City Administrator or his/her designee.
1. Social Security number
2. age, gender
3. marital and family status
4. employee home address and telephone numbers
5. criminal records
6. race and ethnic data
7. insurance status
8. references
9. college transcripts (except for name of institution, degree granted, and date)
10. reference check data
11. medical records when part of personnel data
12. psychological evaluations
13. worker's compensation reports
14. physical limitations related to the job
15. sick leave forms - doctor's reports
16. data collected from disciplinary proceedings prior to a hearing
17. opinion questionnaire response by potential employee
18. names of applicants for employment until certified as eligible for appointment to a
vacancy.
19. employee assistance programs and exit interview responses
No employee may disclose the home address, telephone number, or personal information about
another employee to any third party without prior consent of the affected employee, as per
Section on "Informed Consent."
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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.
Entities and agencies determined by the City Administrator to be authorized by
State Statute or Federal Law to gain access to that specific data.
4. Entities or individuals given access by the express written direction of the subject.
The City Administrator shall assure that access is provided only to the parties listed above. The
identity and authority of an individual who seeks to gain access to private data must be
confirmed. The time that access is available is limited to the normal working hours of the City
Hall offices. No fees shall be charged in the instances where the data subject only wishes to view
private data. Fees may 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:
data collected for administrative put poses 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.
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official written correspondence to or from an employee.
4. documentation of employment status and benefit status, the latter only if it does
not contain any medical information. Appropriate medical information will be
retained separately in an employee medical file.
16-5.2 Employees will not be specifically notified each time such data are routinely entered into
their file, except that employees shall be made aware of data entered into their file that
relates to discipline or may have adverse impact on them. Employees may request to
view and receive copies of information in their file as per Section on "Access to Data."
16-5.3 Personnel files will be maintained by the Finance Department. Any documents added or removed
from the files must be approved by the City Administrator. The City Administrator may delegate
the authority to add routine and non -controversial documents (such as job applications,
employment confirmation letters, status change forms, etc.) to other staff as appropriate. Such
staff shall be trained on this policy.
SECTION 16-6 TAPE RECORDING POLICY
In order to protect the regulation and dissemination of confidential, private, and non-public data
as defined in the Minnesota Government Data Practices Act; promote harmony in the work
place; diminish the impediment of each employee's ability to perform his or her duties; and
promote an environment with a free-flow exchange of ideas: inter -staff communications shall not
be tape-recorded in any form unless all parties to the communication consent.
In the event a tape recording is created, the City Administrator shall immediately receive, keep,
and maintain the tape recording and shall regulate the dissemination of the information in
accordance with the Minnesota Government Data Practices Act.
SECTION 16-7 INFORMED CONSENT
16-7.1 Private data on individuals may be used by and given to any individual or persons by the
City Administrator, or other bonafide representative of the City, if the individual subject
or subjects of the data have given their informed consent. All informed consents:
1. Shall be in writing and stated in plain language.
2 Shall be signed and dated.
3. Shall specifically designate the particular persons or agencies the data subject has
authorized to disclose information about him or her.
4. Shall specifically state the nature of the information authorized to be disclosed.
5. Shall specifically state the persons or entities authorized to receive the disclosed
information.
6. Shall specifically list an expiration date not to exceed one year except in the case
of authorization for application for life insurance or non -cancelable or guaranteed
renewable health insurance (which shall be two years).
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7. Shall specifically state the purpose for which the information may be used by the
parties named above.
16-7.2 If the City Administrator or approved designee makes reasonable efforts to obtain the
informed consent of a data subject and if those efforts are not acknowledged in any way,
the City Administrator or approved designee shall interpret the silence of the data subject
as the giving of implied consent to the new or different purpose or use of the data.
16-7.3 "Reasonable efforts" are defined as:
1. Depositing in the U.S. Mail, postage pre -paid, and directed to the last known
address of the data subject, at least two (2) communications requesting informed
consent.
2. Waiting for a period of not less than sixty (60) days for a response to the second
request.
SECTION 16-8 SECURITY OF PERSONNEL DATA
16-8.1 The City of Otsego authorizes the City Administrator or designee, and the individual
responsible for the City's payroll function to maintain custody over all personnel records.
The final authority over personnel records is the City Administrator, and as such, retains
overall authority to add or remove items from personnel and related employee files. The
City Administrator may authorize those designated to maintain custody to add or remove
files.
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.
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SECTION 16-9 SUPERVISORY FILES
16-9.1 Information about employees maintained by supervisors is considered personnel data
under State Statute and must be maintained in a locked area by supervisors. Supervisors
may not maintain medical information on employees.
16-9.2 Types of data maintained by supervisors shall be limited to that authorized by the City
Administrator. Examples of personnel data supervisors are authorized to maintain
include:
1. personal time off slips and other time -related records,
2. notes from supervisory coaching and counseling sessions,
3. notes on performance concerns or work rules discussed with employees,
4. notes on employee accomplishments,
5. copies of disciplinary and performance -related correspondence. (Copies of
disciplinary letters may be maintained in supervisory files after ensuring a copy
has been confidentially forwarded for inclusion in the employee's official
personnel file.)
16-9.3 All original City applications and related hiring documentation, performance evaluations,
reference information, 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
SECTION 17-1 RESIGNATIONS
Employees wishing to leave the City service in good standing shall provide a written resignation
notice to their department head, at least ten (10) working days before leaving (thirty (3 0)
calendar days for exempt employees).
The written resignation must state the effective date of their resignation. Failure to comply with
this procedure may be considered cause for denying such employees future employment with the
City.
SECTION 17-2 SEVERANCE PAY
There is no obligation for the City to pay to employees any unused accrued PTO at the time City
employment terminates. All benefit earning employees that the City determines, at its sole
discretion, to pay for unused accrued PTO who leave the City employment by retirement,
resignation, lay off or for any other reason may receive pay for up to 100 percent of unused
accrued PTO only upon receipt by the City of a fully executed waiver of claims in form
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approved by the City, and only after all applicable periods of reconsideration or rescission
contained within the approved waiver have passed.
SECTION 18 - MEDIA CONTACT/PRESS RELEASES
18-1.1 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.
18-1.2 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
19-1.1 Personal telephone calls shall be made or received only when necessary when they do
not interfere with working operations and should be completed as quickly as possible.
19-1.2 Any personal long distance call costs shall be paid for by the employee.
SECTION 20 - CELLULAR TELEPHONE/DATA DEVICE USAGE
204.1 This policy is intended to regulate the use of City -owned cellular phones within
reasonable, practical parameters. As the number of available cellular telephones
increases, and the efficiencies of cellular telephone usage becomes even more apparent, it
is incumbent upon the City to establish reasonable guidelines for the use of cellular
phones and data devices.
The City of Otsego will benefit by extending the hours essential employees are available
for consultation through the use of cellular phones.
20-1.2 This policy will apply to all City employees using or having access to City -owned
cellular phones and/or data devices.
204.3 The following guidelines are established for the use of City -owned cellular phones:
1. Cellular phones are intended to be used to increase the efficiency and
effectiveness of the services provided by the City of Otsego. As such, each
employee using a cellular phone during the course of his/her workday must
determine whether such usage is appropriate under the circumstances existing at
the time of the usage. In making such as determination, employees must consider
the cost of using the cellular phone in comparison with the cost and practicality of
locating a customary telephone service.
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2. During work hours personal phone calls will be acceptable in those circumstances
where it is necessary to briefly contact someone concerning important matters.
Calls of this nature shall be as brief as possible and should be made only when
circumstances prevent timely access to customary telephone services. It is the
position of the City that it is less expensive to allow these types of phone calls
than to release an employee from a work site in order to make the call from a
customary phone service.
3. City employees having access to assigned City -owned cellular phones may make
limited personal phone calls where service is free or when monthly minutes are
not exceeded. Reimbursement may be required if minutes used are excessive or
monthly minutes are exceeded. City employees who are assigned a take home
City -owned phone will agree to be accessible for city business when necessary
and practical after their regular work hours.
4. All cellular 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 Internet
systems and consequences for inappropriate use. City e-mail, voicemail, and Internet access is
provided for employees and supervisors to efficiently conduct City business. This policy applies
to all City employees, including temporary/seasonal and part-time.
SECTION 21-2 APPROPRIATE USE DEFINED
21-2.1 These systems are not to be used for personal gain or to support or advocate for non -city -
related purposes. Personal use of the e-mail system is permitted on a limited basis, similar
to phone calls. Like personal phone calls, personal use should be infrequent, of limited
duration, and not in violation of any City policies, department work rules, or laws.
21-2.2 Certain Internet sites should never be accessed using City equipment or on City time.
These include pornographic sites, non -work-related chat rooms, dating sites, sites
containing what would generally be considered objectionable material, or any other site
that would violate the sexual harassment policy or other personnel policies.
21-2.3 Other prohibited uses include solicitations of funds, political messages and
correspondence which would circumvent the open meeting law, data practices act, or
human or civil rights acts.
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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.
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)
7. Downloading of software off the network is strictly prohibited without review and
approval from the IT staff; scan for viruses before opening attachments.
8. City employees that have a computer at their workstation with access to the
Internet may also use it outside their normal work hours to access the Internet for
personal use, subject to appropriate use. See section "Appropriate Use Defined"
for more specific information.
SECTION 21-4 CONFIDENTIALITY/SECURITY
21-4.1 While you may have a confidential password, remember that all City equipment and
software, including e-mail and voicemail is the property of the City. To ensure
appropriate use or to investigate complaints, the City may need to monitor use of
computers, including Internet sites accessed, voicemail, and e-mail and to take action
when violations of this policy or other city policies occur.
SECTION 21-5 CONSEQUENCES OF MISUSE
Abuse of this policy will be grounds for discipline in accordance with the City's Personnel
Policies. Misuse of the Internet, e-mail, or voicemail can be grounds for dismissal, depending on
the circumstances.
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SECTION 22 - CITY VEHICLE USE
SECTION 22-1 GENERAL
City vehicles are to be used only by City employees for official business. City vehicles may not
be used for personal business. All City vehicles shall have the City's logo prominently displayed
on the side door panels.
The following requirements apply to any employee driving a City vehicle:
A. Employees that drive or may be required to drive City vehicles and equipment are
responsible for maintaining a safe driving record and observing all traffic laws.
Employees and all passengers must wear a seat belt at all times when operating
any City vehicle.
B. Drivers must carry a current, valid driver's license that is adequate for the type of
vehicle being driven. An annual check of a driver's motor vehicle record will be
conducted and the City's insurance carrier will review the record for potential
liability. If an employee's record indicates a pattern of traffic violations that may
increase the City's liability disciplinary action up to and including discharge may
be taken.
C. Employees must ensure that the City vehicle is in good operating condition and
that all windows and lights are clean before operating the vehicle. When vehicles
are not in use or in a secured area they must have the keys removed. Vehicles
must be parked in the City garage after hours.
D. Gasoline for City vehicles must be obtained from the Public Works Department
facility. Mileage and gallons of fuel must be recorded after each refueling.
SECTION 22-2 VEHICLE ACCIDENTS
22-2.1 Any employee involved in an accident while driving a City vehicle must report the
accident at once to their supervisor. In severe accidents the employee must call 911 and
wait until the police arrive. The employee must collect all necessary information from
any other parties involved in the accident, including driver's license numbers, vehicle
license number, insurance information, address, phone, etc. The employee must not admit
liability and refer all legal questions to their supervisor and the City Administrator.
22-2.2 Any employee involved in an accident while driving a City vehicle must submit to a
Drug and Alcohol Test, as provided for in relevant provisions of the applicable City Drug
and Alcohol Testing Policy.
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ACKNOWLEDGMENT
I have read and understand the terms of the City of Otsego Personnel Policy dated ,
2015. I have been given the opportunity to ask any questions that I had regarding these Policies.
Employee Name (Please Print)
Employee Signature
Date
UPON COMPLETION, PLEASE RETURN THIS FORM
TO THE FINANCE DEPARTMENT.,
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CITY OF OTSEGO
DRUG AND ALCOHOL TESTING POLICY FOR
COMMERCIAL DRIVERS
(DOT POLICY)
L PURPOSE AND OBJECTIVES
The City of Otsego ("City") has a vital interest in maintaining safe, healthful, and efficient
working conditions for employees, and recognizes that individuals who are impaired because of
drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The
City is concerned about providing a safe workplace for its employees, and while the City does
not intend to intrude into the private lives of its employees, it is the goal to provide a work
environment conducive to maximum safety and optimum work standards. Alcohol and drug
abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased
accidents and workers' compensation claims, higher insurance rates, and an increase in theft of
city property. The use, possession, manufacture, sale, transportation, or other distribution of
controlled substance or controlled substance paraphernalia and the unauthorized use, possession
transportation, sale, or other distribution of alcohol is contrary to this policy and jeopardizes
public safety.
In response to regulations issued by United States Department of Transportation ("DOT"), the
City has adopted this Policy on Alcohol and Controlled Substances for employees who hold a
commercial driver's license (CDL) to perform their duties. The City also has a separate Drug -
Free Workplace Policy which applies to all full- and part-time employees and all applicants for
employment who are required to undergo a pre-employment physical.
Given the significant dangers of alcohol and controlled substance use, each applicant and driver
must abide by this policy as a term and condition of hiring and continued employment.
Moreover, federal law requires the City to implement such a policy.
To ensure this policy is clearly communicated to all drivers and applicants, and in order to
comply with applicable federal law, drivers and applicants are required to review this policy and
sign the "Certificate of Receipt" portion.
Because changes in applicable law and the City's practices and procedures may occur fiom time
to time, this policy may change in the future, and nothing in this policy is intended to be a
contract, promise, or guarantee the City will follow any particular course of action, disciplinary,
rehabilitative or otherwise, except as required by law. This policy does not in any way affect or
change the status of any at -will employee.
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Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent
over this policy to the extent the policy has not incorporated those revisions.
II. DEFINITIONS
"Accident," means an occurrence involving a commercial motor vehicle operating on a public
road which results in a fatality; bodily injury to any person who, as a result of the injury,
immediately receives medical treatment away from the scene of the accident; or one or more
motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be
transported away from the scene by a tow truck or other vehicle. The term "accident" does not
include an occurrence involving only boarding and alighting from a stationary motor vehicle; an
occurrence involving only the loading or unloading of cargo; or an occurrence in the course of
the operation of a passenger car or a multipurpose passenger vehicle unless the vehicle is
transporting passengers for hire or hazardous materials of a type and quantity that require the
motor vehicle to be marked or placarded in accordance with 49 C.F.R. § 177.823; 49 C.F.R. §
382.303(a); 49 C.F.R. § 382.303(f).
"Alcohol Concentration (or Content)," means the alcohol on a volume of breath expressed in
terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 49
C.F.R. § 382.107.
"Alcohol Use," means the consumption of any beverage, mixture, or preparation, including any
medication, containing alcohol. 49 C.F.R. § 382.107.
"Applicant," means a person applying to drive a commercial motor vehicle. 49 C.F.R. §
382.107.
"Breath Alcohol Technician" or "BAT," means an individual who instructs and assists
individuals in the alcohol testing process and operates an evidential breath testing device (EBT).
49 C.F.R. § 40.3.
"City," means City of Otsego.
"City Premises," means all job sites, facilities, offices, buildings, structures, equipment,
vehicles and parking areas, whether owned, leased, used or under the control of the City.
"Collection Site," means a place designated by the City where drivers present themselves for the
purpose of providing a specimen of their urine or breath to be analyzed for the presence of
alcohol or controlled substances. 49 C.F.R. § 40.3.
"Commercial Motor Vehicle," means a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle (1) has a gross combination
weight rating or gross combination weight of 26,001 or more pounds, whoever is greater,
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inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more
than 10,000 pounds, whichever is greater; or (2) has a gross vehicle weight rating or gross
vehicle weight of 26,001 or more pounds, whichever is greater; or (3) is designed to transport
sixteen (16) or more passengers, including the driver; or (4) is of any size and is used in the
transportation of materials found to be in the transportation of materials found to be hazardous
for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which
require the motor vehicle to be placarded under the Hazardous Materials Regulation. (49 C.F.R.
part 172, subpart F) § 3 82.107.
"Confirmation (or Confirmatory) Test," for alcohol testing means a second test, following a
positive non -evidential test, following a positive non -evidential (e.g., saliva) screening test or a
breath alcohol screening test with the result of 0.02 or greater, that provides quantitative data of
alcohol concentration. For controlled substance testing, "Confirmation (or Confirmatory) Test"
means a second analytical procedure to identify the presence of a specific controlled substance or
metabolite which is independent of the screen test and which uses a different technique and
chemical principal from that of the screen test in order to ensure reliability and accuracy. 49
C.F.R. § 382.107.
"Controlled Substance," means those substances identified in 49 C.F.R. § 40.21(a). Marijuana,
amphetamines, opiates, (including heroin), phencyclidine (PCP), cocaine,, and any of their
metabolites are included within this definition. 49 (C.F.R. § 382.107; 49 C.F.R. § 40.21(a).
"Department of Transportation" or "DOT," means the United States Department of
Transportation.
"DHHS," means the Department of Health & Human Services or any designee of the Secretary,
Department of Health & Human Services. 49 C.F.R. § 40.3.
"Disabling Damage," means damage which precludes departure of a motor vehicle from the
scene of the accident in its usual manner in daylight after simple repairs, including damage to
motor vehicles that could have been driven, but would have been further damaged if so driven.
Disabling damage does not include damage which can be remedied temporarily at the scene of
the accident without special tools or parts, tire disablement without other damage even if no
spare tire is available, headlight or tail light damage or damage to turn signals, horn or
windshield wipers which make them inoperative. 49 C.F.R. § 382.107.
"Driver," means any person who operates a commercial motor vehicle. This includes, but is not
limited to full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased
drivers and independent owner -operator contractors who are either directly employed by or
under lease to the City or who operate a commercial motor vehicle at the direction of or with the
consent of the City. For purposes of pre-employment testing, the term driver includes a person
applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107.
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"Drug," has the same meaning as "controlled substance."
"Employee seeking a transfer," refers to an employee who is not subject to DOT regulations
seeking a transfer to a position that will subject them to DOT regulations in the sought after
position.
"Evidential Breath Testing Device" or "EBT," means a device approved by the National
Highway Traffic Safety Administration ("NHTSA") for the evidential testing of breath and
placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices." 49
C.F.R. § 40.3.
"Federal Motor Carrier Safety Administration" or "FMCSA," means the Federal Motor
Carrier Safety Administration of the United States Department of Transportation.
"Medical Review Officer" or "MRO," means a licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by a controlled substance
testing program who has knowledge of substance abuse disorders and has appropriate medical
training to interpret and evaluate an individual's confirmed positive test result together with his
or her medical history and any other relevant biomedical information. 49 C.F.R. § 40.3
"Performing (a Safety -Sensitive Function)," means any period in which a driver is actually
performing, ready to perform, or immediately available to perform any safety -sensitive
functions. 49 C.F.R. § 382.107.
"Positive Test Result," means a finding of the presence of alcohol or controlled substance, or
their metabolites, in the sample tested in levels at or above the threshold detection levels
established by applicable law.
"Reasonable Suspicion," means a belief a driver has engaged in conduct prohibited by the
FMCSA controlled substance and alcohol testing regulations, except when related solely to the
possession of alcohol, based on specific contemporaneous, articulable observations made by a
supervisor or City official who has received appropriate training concerning the appearance,
behavior, speech or body odors of the driver. The determination of reasonable suspicion will be
made in writing on a Reasonable Suspicion Record Form during, just preceding, or just after the
period of the work day that the driver is required to be in compliance with this policy. In the
case of a controlled substance, the observations may include indications of the chronic and
withdrawal effects of a controlled substance.
"Safety -Sensitive Function," means all time from the time a driver begins to work or is required
to be in readiness to work until the time he or she is relieved from work and all responsibility for
performing work. Safety -sensitive functions include:
• All time at a city plant, terminal, facility, or other property, or on any public
property,
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• All time waiting to be dispatched, unless the driver has been relieved from duty
by the employer;
• All time inspecting equipment as required by 49 C.F.R. § 392.7 and 392.8 or
otherwise inspecting, servicing, or conditioning any commercial motor vehicle at
any time;
• All time spent at the driving controls of a commercial motor vehicle in operation;
• All time, other than driving time, in or upon any commercial motor vehicle except
time spent resting in a sleeper berth ( a berth conforming to the requirements of
49 C.F.R. § 393.76);
• All time loading or unloading a vehicle, supervising, or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in readiness
to operate the vehicle, or in giving or receiving receipts for shipments loaded or
unloaded; and
• All time repairing, obtaining assistance, or remaining in attendance upon a
disabled vehicle. 49 C.F.R. § 382.107.
"Screening Test (also known as Initial Test)," in alcohol testing, mean an analytical procedure
to determine whether a driver may have a prohibited concentration of alcohol in her or her
system. Screening tests may be conducted by utilizing a non -evidential screening device
included by the National Highway Traffic Administration on its conforming products list (e.g., a
saliva screening device) or an evidential breath testing device ("EBT") operated by a trained
breath alcohol technician ("BAT"). In controlled substance testing, "Screening Test" means an
immunoassay screen to eliminate "negative" urine specimens form further consideration. 49
C.F.R. § 382.107.
"Substance Abuse Professional" or "SAP," means a licensed physician (medical doctor or
doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker,
licensed or certified employee assistance professional, or licensed or certified addiction
counselor (certified by the National Association of Alcoholism and Controlled Substance Abuse
Counselors Certification Commission) with knowledge of an clinical experience in the diagnosis
and treatment of alcohol and controlled substance -related disorders. 49 C.F.R. § 382.107.
III. PERSONS SUBJECT TO TESTING & TYPES OF TESTS
All employees are subject to testing whose job duties include performing "safety -sensitive
duties" on City vehicles that:
1. Have a gross combination weight rating or gross combination weight of 26,001 pounds or
more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating
or gross vehicle weight of more than 10,000 pounds, whichever is greater; or
2. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds
whichever is greater; or
3. Are designed to transport 16 or more passengers, including the driver; or
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4. Are of any size and are used in the transportation of materials found to be hazardous for
the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and
which require the motor vehicle to be placarded under the Hazardous Materials
Regulations (49 CFR part 172, subpart F).
The following functions are considered safety -sensitive:
1. all time waiting to be dispatched to drive a commercial motor vehicle
2. all time inspecting, servicing, or conditioning a commercial motor vehicle
3. all time driving at the controls of the commercial motor vehicle
4. all other time in or upon a commercial motor vehicle (except time spent resting in a
sleeper berth)
5. all time loading or unloading a commercial motor vehicle, attending the same, giving or
receiving receipts for shipments being loaded or unloaded, or remaining in readiness to
operate the vehicle
6. all time repairing, obtaining assistance, or attending to a disable commercial motor
vehicle.
The City may test any applicant to whom a conditional offer of employment has been made and
any driver for controlled substance and alcohol under any of the following circumstances:
A. Pre -Employment Testing. All applicants, including current employees seeking a transfer,
applying for a position where duties include performing safety -sensitive duties described above,
will be required to take a drug test prior to the first time a driver performs a safety -sensitive
function for the City. A driver may not perform safety -sensitive functions unless the driver has
received a controlled substance test result from the Medical Review Officer ("MRO") indicating
a verified negative test result. In addition to pre-employment controlled substance testing,
applicants will be required to authorize in writing former employers to release alcohol test results
of .04 or greater, positive controlled substance test results, refusals to test, other violations of
drug and alcohol testing regulations, and completion of return to duty requirements within the
preceding three years.
All applicants, including current employees seeking a transfer, applying for a position where
duties include performing safety -sensitive duties described above, will be required to take an
alcohol test prior to the first time a driver performs a safety -sensitive function for the City, but
only after a conditional offer of employment has been made. No applicant, including current
employees seeking a transfer, will perform safety -sensitive functions unless the driver has
received an alcohol test result from the MRO indicating a test result of .02 or less Blood Alcohol
Content ("BAC").
The City will contact the candidate's DOT regulated previous and current employers within the
last three years for drug and alcohol test results as referenced above, and review the testing
history if feasible before the employee first performs safety -sensitive functions for the City.
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B. Post -Accident Testing. As soon as practicable following an accident involving a
commercial motor vehicle operating on a public road, the City will test each surviving driver for
controlled substances and alcohol when the following occurs:
• The accident involves a fatality or
• The driver receives a citation for a moving traffic violation from the accident and
an injury is treated away from the accident scene or
• The driver receives a citation for a moving traffics violation from the accident and
a vehicle is required to be towed from the accident scene.
ThP fnttnvv;na (-,hart c„mmarizes, when DOT nost-accident testing needs to be conducted:
_ _ ---a --- - -- --
Citation issued to
Test must be performed
FType of accident involved
the DOT covered
by the City
CDL driver?
YES
YES
i. Human fatality
NO
YES
ii. Bodily injury with immediate
medical treatment away from
YES
YES
NO
NO
the scene
iii. Disabling damage to any
YES
YES
NO NO
J
motor vehicle requiring tow
away
I
A driver subject to post -accident testing must remain readily available or the driver will be
deemed to have refused to submit to testing. This requirement to remain ready for testing does
not preclude a driver from leaving the scene of an accident for the period necessary to obtain
assistance in responding to the accident or to obtain necessary medical care.
Post —Accident Controlled Substance Testing
Drivers are required to submit a urine sample for post -accident controlled substance testing as
soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the
City will cease its attempts to test the driver and prepare and maintain on file a record stating
why the test was not promptly administered.
Post- Accident Alcohol Testing
Drivers are required to submit to post -accident alcohol testing as soon as possible. After an
accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested
within two (2) hours after the accident, the City will prepare and maintain on file a record stating
why the test was not administered within that time. If eight hours have elapsed since the
accident and the driver has not submitted to an alcohol test, the City will cease its attempts to test
the driver and prepare and maintain on file a record stating why the test was not administered.
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The City may accept the results of a blood or breath test in place of an alcohol test and urine test
for the use of controlled substances if:
• The tests are conducted by federal, state, or local officials having independent authority
for the test, and
• The tests conform to applicable federal, state, or local testing requirements, and
• The test results can be obtained by the City.
Whenever such a test is conducted by a law enforcement officer, the driver must contact the City
and immediately report the existence of the test, providing the name, badge number, and
telephone number of the law enforcement officer who conducted the test.
C. Random Testing. Every driver will be subject to unannounced alcohol and controlled
substance testing on a random selection basis. Drivers will be selected for testing by use of a
scientifically valid method under which each driver has an equal chance of being selected each
time selections are made. These random tests will be conducted throughout the calendar year.
Each driver who is notified of selection for random testing must cease performing safety -
sensitive functions and report to the designated test site immediately. It is mathematically
possible drivers may be selected be picked and tested more than once, and others not at all
If a driver is selected for a random test while he or she is absent, on leave or away from work,
that driver may be required to undergo the test when he or she returns to work.
For 2014, federal law requires the City to test at a rate of at least fifty percent (50%) of its
average number of drivers for controlled substance each year, and to test at a rate of at least ten
percent (10%) of its average number of drivers for alcohol each year. These minimum testing
rates are subject to change by the DOT.
D. Reasonable Suspicion Testing. When a supervisor has reasonable suspicion to believe a
driver has engaged in conduct prohibited by federal law or this policy, the City will require the
driver to submit to an alcohol and/or controlled substance test.
The City's determination that reasonable suspicion exists to require the driver to undergo an
alcohol test will be based on "specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of the driver." In the case of controlled substance,
the observations may include indications of the chronic and withdrawal effects of a controlled
substance.
The required observations for reasonable suspicion testing will be made by a supervisor or other
person designated by the City who has received appropriate training in identification of actions,
appearance and conduct of a driver which are indicative of the use of alcohol or controlled
substance. These observations leading to an alcohol or controlled substance test will be reflected
in writing and signed by the supervisor who made the observations. The record will be retained
by the City. The person who makes the determination that reasonable suspicion exists to conduct
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testing, will not be the person conducting the testing, which shall instead be conducted by
another qualified person.
Alcohol testing is authorized only if the observations are made during, just before, or just after
the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not
administered within two (2) hours following the determination of reasonable suspicion, the City
will prepare and maintain on file a record stating the reasons the alcohol test was not promptly
administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours
following the determination of reasonable suspicion, the City will prepare and maintain on file a
record stating the reasons the alcohol test was not administered, and will cease attempts to
conduct the alcohol test.
Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or
remain on duty requiring the performance of safety -sensitive functions while the driver is under
the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance
indicators of alcohol use, nor will the City permit the driver to perform or continue to perform
safety -sensitive functions until (1) an alcohol test is administered and the driver's alcohol
concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the
determination of reasonable suspicion.
E. Return -to -Duty Testing. The City reserves the right to impose discipline against drivers
who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel
policy and collective bargaining agreements. Except as otherwise required by law, the City is
not obligated to reinstate or requalify such drivers for a first positive test result.
Should the City consider reinstatement of a DOT covered driver, the driver must undergo a
Substance Abuse Professional ("SAP") evaluation and participate in any prescribed
education/treatment, and successfully complete return -to -duty alcohol test with a result
indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a
verified negative result, before the driver returns to duty requiring the performance of a safety -
sensitive function. The SAP determines if the driver has completed the education/treatment as
prescribed.
The employee is responsible for paying for all costs associated with the return -to -duty test. The
controlled substance test will be conducted under direct observation.
F. Follow -Up Testing. The City reserves the right to impose discipline against drivers who
violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies
and collective bargaining agreements. Except as otherwise required by law, the City is not
obligated to reinstate or requalify such drivers.
Should the City reinstate a driver following a determination by a Substance Abuse Professional
(SAP) that the driver is in need of assistance in resolving problems associated with alcohol use
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and/or use of controlled substance, the City will ensure that the driver is subject to unannounced
follow-up alcohol and/or controlled substance testing. The number and frequency of such
follow-up testing will be directed by the SAP and will consist of at least six (6) tests in the first
twelve (12) months following the driver's return to duty. Follow-up testing will not exceed sixty
(60) months from the date of the driver's return to duty. The SAP may terminated the
requirement for follow-up testing at any time after the first six tests have been administered, if
the SAP determines such test is no longer necessary. The employee is responsible for paying for
all costs associated with follow-up tests.
Follow-up alcohol testing will be conducted only when the driver is performing safety -sensitive
functions, or immediately prior to or after performing safety -sensitive functions.
G. Cost of Required Testing, The City will pay for the cost of pre-employment, post-
accident, random, and reasonable suspicion controlled substance and alcohol testing requested or
required of all job applicants and employees. The driver must pay for the cost of all requested
confirmatory re -tests, return -to -duty, and follow-up testing.
IV. REQUIRED PRIOR CONTROLLED SUBSTANCE AND ALCOHOL
CHECKS FOR APPLICANTS
The City will conduct prior drug and alcohol checks of applicants for employment to drive a
commercial motor vehicle. Applicants must execute a consent form authorizing the City to
obtain the required information. The City will obtain (pursuant to the applicant's written
consent) information on the applicant's alcohol test with a concentration result of 0.04 or greater,
positive controlled substance test results, and refusals to be tested within the preceding three (3)
years which are maintained by the applicant's previous employers. The City will obtain all
information concerning the applicant which is maintained by the applicant's previous employers
within the preceding three (3) years pursuant to DOT and FMCSA controlled substance and
alcohol testing regulations. The City will review such records, if feasible, prior to the first time a
driver performs safety -sensitive functions.
V. PROHIBITED CONDUCT
The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations and
therefore constitutes violation of City policy.
A. Under the influence of alcohol when reporting for duty or while on duty. No driver may
report for duty or remain on duty requiring the performance of safety -sensitive functions while
having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or remaining on
duty to perform safety -sensitive functions while having an alcohol concentration of 0.02, but less
Updated April 2015 Page 10 of 19
18109M
than 0.04, will be removed from duty for 24 hours, escorted home and placed on vacation leave
for hours missed from work.
B. On -Duty Use of Alcohol. No driver may use alcohol while performing safety -sensitive
functions.
C. Pre -Duty Use of Alcohol. No driver may perform safety -sensitive functions within four
(4) hours after using alcohol. If an employee has had alcohol within four hours, they are to
notify their supervisors before performing any safety -sensitive functions.
D. Alcohol Use Following an Accident. No driver required to take a post -accident alcohol
test may use alcohol for eight (8) hours following the accident, or until the driver undergoes a
post -accident alcohol test, which ever occurs first.
E. Refusal to Submit to a Required Alcohol or Controlled Substance Test. No applicant or
driver may refuse to submit to pre-employment, post -accident, random, reasonable suspicion or
follow-up alcohol or controlled substance testing.
In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled
substance testing, no test will be conducted. Refusal by a driver to submit to controlled
substance or alcohol testing will be considered a positive test result, will cause disqualification
from performing safety -sensitive functions, and may appear on the driver's permanent record.
Drivers who refuse to submit to testing will be subject to discipline, up to an including
termination. If an applicant refuses to submit to pre-employment controlled substance testing,
any applicable conditional offer will be withdrawn.
For purposes of this section, a driver is considered to have refused to submit to an alcohol or
controlled substance test when the driver:
• Fails to provide adequate breath for alcohol testing without a valid medical explanation
after he or she has received notice of the requirement for breath testing.
• Fails to provide adequate urine for controlled substance testing without a genuine
inability to provide a specimen (as determined by a medical evaluation), after he or she
'has received notice of the requirement for urine testing.
• Fails to report for testing within a reasonable period of time, as determined by the City.
• Fails to remain at a testing site until testing is complete.
• In the case of directly observed or monitored collection, fails to permit observation or
monitoring.
• Fails or declines to take a second test as required by the City and/or collector.
• Fails to undergo a medical examination as directed by the City pursuant to federal law.
• Refuses to complete and sign the alcohol testing form, to provide a breath or saliva
sample, to provide an adequate amount of breath, or otherwise cooperate in any way that
prevents the completion of the testing process.
• Engages in conduct that clearly obstructs the test process.
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F. Altering or attempting to alter a urine sample or breath test. A driver altering or
attempting to alter a urine sample or controlled substance test, or substituting or attempting to
substitute a urine sample, will be subject to providing a specimen under direct observation. Both
specimens will be subject to laboratory testing. In such case, the employee may be subject to
immediate termination of employment and any job offer made to an applicant will be
immediately withdrawn.
G. Controlled Substance Use. No driver may report for duty or remain on duty requiring the
performance of safety -sensitive functions when the driver uses any controlled substance, except
when the use is pursuant to the instructions of a licensed medical practitioner who has advised
the driver in writing the substance does not adversely affect the driver's ability to safely operate
a commercial motor vehicle. Drivers must forward this information regarding therapeutic
controlled substance use to the City immediately after receiving any such advice.
Having a medical marijuana card and/or a cannabis prescription from a physician does not allow
anyone to use or possess that drug in the city's workplace. The federal government still
classifies cannabis as an illegal drug. There is no acceptable concentration of marijuana
metabolites in the urine or blood of an employee who performs safety -sensitive duties for
the City. Employees are still subject to being tested under our policies, as well as for being
disciplined, suspended or terminated after testing positive for cannabis while at work.
H. Controlled Substance Testing. No driver may report for duty, remain on -duty or perform
a safety -sensitive function if the driver tests positive for controlled substance.
VI. COLLECTION AND TESTING PROCEDURES
Drivers are required to report immediately upon notification to the collection site. For random
tests conducted off site, employees may use a City vehicle to drive to the collection site. Drivers
will be expected to provide a photo ID card for identification to the collection staff. All drivers
will be expected to cooperate with collection site personnel request to remove any unnecessary
outer garments such as coats, sweaters or jackets and will be required to empty their pockets.
Collection personnel will complete a Federal Custody and Control Form ("CCF") which drivers
providing a sample will sign as well.
A. Alcohol Testing. Employees will be tested for alcohol just before, during, or
immediately following performance of a safety -sensitive function. If a driver is also taking a
DOT controlled substance test, generally speaking, the alcohol test is completed before the urine
collection process begins. Screening tests for alcohol concentration will be performed utilizing a
non -evidential screening device included by the National Highway Traffic Safety Administration
on its conforming products list (e.g., a saliva screening device) or an evidential breath testing
device ("EBT") operated by a trained breath alcohol technician ("BAT") at a collection site. An
alcohol test usually takes approximately 15 minutes if the result is negative. If a driver's first
Updated April 2015 Page 12 of 19
181091v1
attempt is positive (with an alcohol concentration of .02 or greater), the driver will be asked to
wait at least 15 minutes and then be tested again. The driver may not eat, drink or place anything
in his/her mouth (e.g., cigarette, chewing gum) during this time. All confirmation tests will be
conducted in a location that affords privacy to the driver being tested, unless unusual
circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident)
make it impracticable to provide such privacy. Any results less than 0.02 alcohol concentration
is considered a "negative" test result.
If the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to
a physician to determine if the driver's inability to provide a specimen is genuine or constitutes a
refusal to test. Alcohol test results are reported directly to the City by the collection site staff.
B. Controlled Substance Testing. The City will use a "split urine specimen" collection
procedure for controlled substance testing. Collection of urine specimens for controlled
substance testing will be conducted by an approved collector and will be conducted in a setting
and manner to ensure the driver's privacy.
Controlled substance testing generally takes about 15 minutes. At the collection site, the driver
will be given a sealed container and must provide at least 45 ml of urine for testing. Once the
sample is provided the collection personnel will check the temperature and color and look for
signs of contamination. The urine is then split into two separate specimen containers (A, or
"primary," and B, or "split") with identifying labels and security seals affixed to both. The
collection facility will be responsible for maintaining a proper chain of custody for delivery of
the sample to a DHHS-certified laboratory for analysis. The laboratory will retain a sufficient
portion of any positive sample for testing and store that portion in a scientifically -acceptable
manner for a minimum 365 -day period.
If an employee fails to provide a sufficient amount of urine to permit a controlled substance test
(45 milliliters of urine), the collector will discard the insufficient specimen, unless there is
evidence of tampering with that specimen. The collector will urge the driver to drink up to 40
ounces of fluid, distributed reasonably over a period of up to three hours, or until the driver has
provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a
sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease
efforts to attempt to obtain a specimen. The driver must then obtain, within five calendar days,
an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the
medical issues raised by the employee's failure to provide a sufficient specimen. If the licensed
physician concludes the driver has a medical condition, or with a high degree of probability
could have, precluded the driver from providing a sufficient amount of urine, the City will
consider the test to have been canceled. If a licensed physician cannot make such a
determination, the City will consider the driver to have engaged in a refusal to test, and will take
appropriate disciplinary action under this policy.
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The primary specimen is used for the first test. If the test is negative, it is reported to the MRO
who then reports the result, following a review of the CCF Form for compliance, to the City. If
the initial result is positive or non -negative, a "confirmatory retest" will be conducted on the
primary specimen. If the confirmatory re -test is also positive, the result will be sent to the MRO.
The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the
driver directly, the MRO must contact the City who will direct the driver to contact the MRO.
VII. REVIEW OF TEST RESULTS
The MRO is a licensed physician with knowledge and clinical experience in substance abuse
disorders, and is responsible for receiving and reviewing laboratory results of the controlled
substances test as well as evaluating medical explanations for certain drug test results. Prior to
making a final decision to verify a positive test result, the MRO will give the driver or the job
applicant an opportunity to discuss the test result, typically through a phone call. The MRO, or a
staff person under the MRO's supervision, will contact the individual directly, on a confidential
basis, to determine whether the individual wishes to discuss the test result. If the employee or job
applicant wishes to discuss the test result:
• The individual may be required to speak and/or meet with the MRO, who will review the
individual's medical history, including any medical records provided.
• The individual will be afforded the opportunity to discuss the test results and to offer any
additional or clarifying information which may explain the positive test result. If the
employee or job applicant, believes a mistake was made at the collection site, at the
labor, on a chain -of -custody form, or that the drug test results are caused by lawful
substance use, the employee should tell the MRO.
• If there is some new information which may affect the original finding, the MRO may
request the laboratory to perform additional testing on the original specimen in order to
further clarify the results; and
• A final determination will be made by the MRO that the test is either positive or negative,
and the individual will be so advised.
If the MRO upholds the positive, adulterated or substituted drug determination, that test result
will be provided to the City. There is no opportunity to explain a positive alcohol test provided
in the DOT regulations.
The driver can request the MRO to have the split specimen (the second "B" container) tested at
the driver's expense. This includes all costs that may be associated with the re -test. There is no
split specimen testing for an invalid result. The driver has 72 hours after they have been notified
of the positive result to make this request. If the employee requests an analysis of the split
specimen, the MRO will direct the laboratory to send the split specimen to another certified
laboratory for analysis.
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If an employee has not contacted the MRO within 72 hours, the employee may present
information documenting that serious injury, illness, lack of actual notice of the verified test
result, inability to contact the MRO, or other circumstances unavoidably prevented the employee
from making timely contact. If the MRO concludes there is legitimate explanation for the
employee's failure to contact within 72 hours, the MRO will direct the analysis of the split
specimen.
If the results of the split specimen are negative, the City may pay for all costs associated with the
rest and there will be no adverse action taken against the employee or job applicant.
VIII. NOTIFICATION OF TEST RESULTS
A. Employs. The City will notify a driver of the results of random, reasonable suspicion,
and post -accident tests for controlled substance if the test results are verified positive, and will
inform the driver which controlled substance or substances were verified as positive. Results of
alcohol tests will be immediately available from the collection agent.
B. Right to Confirmatory Retest. Within seventy-two (72) hours after receiving notice of a
positive controlled substance test result, an applicant or driver may request through the MRO a
re -analysis (confirmatory retest) of the driver's split specimen. Action required by federal
regulation as a result of a positive controlled substance test (e.g., removal from safety -sensitive
functions) will not be stayed during retesting of the split specimen. If the result of the
confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled
substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable,
inadequate for testing or untestable, the MRO will cancel the test.
C. Dilute Specimens
• Dilute Negatives
Creatinine concentration of specimen is equal to or greater than 2 mg/dL, but less
than or equal to S mg/dL
If the City receives information that a driver has provided a dilute negative
specimen, the City will direct a recollection, pursuant to the MRO's direction,
under direct observation.
• Creatinine concentration of specimen is greater than Smg/dL
If the MRO advises the City that the employee's dilute negative specimen
contains a creatinine concentration greater than five mg/dL, the City will direct
the driver to take a second screening test, not under direct observation. The
second screening test will be performed as soon as possible after the City receives
word of the dilute negative specimen.
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IX. CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED
CONDUCT
A. Job Applicants. Any applicable conditional offer of employment will be withdrawn from
a job applicant or employee seeking a transfer who refuses to be tested or tests positive for
controlled substance pursuant to this policy.
B. Employees. Drivers who are known to have engaged in prohibited behavior with regard
to alcohol misuse or use of controlled substance, as defined earlier in this policy, are subject to
the following consequences:
1. Removal from Safety -Sensitive Functions
No driver may perform safety -sensitive functions, including driving a
commercial motor vehicle, if the driver has engaged in conduct prohibited by
federal law.
No driver who is found to have an alcohol concentration of 0.02 or greater but
less than 0.04 may perform or continue to perform safety -sensitive functions
for the City, including driving a commercial motor vehicle, until the start of
the driver's next regularly scheduled duty, but not less than twenty-four (24)
hours following administration of the test.
If a driver tests positive under this policy, or is found to have an alcohol
concentration of .02 or greater but less than .04, the driver will be removed
from safety sensitive duties and escorted home; the driver should not drive
home, but be escorted to his or her home. The driver will then be placed on
vacation leave for hours missed from work.
2. Notification of Resources Available
The City will advise each driver who has engaged in conduct prohibited by
federal law or who has a positive alcohol or controlled substance test of the
resources available to the driver in evaluating and resolving problems
associated with the misuse of alcohol and use of a controlled substance,
including the names, addresses, and telephone numbers of Substance Abuse
Professionals and counseling and treatment programs. The City will provide
this SAP listing in writing at no cost to the driver.
3. Discipline
The City reserves the right to impose whatever discipline the City deems
appropriate in its sole discretion, up to and including termination for a first
occurrence, against drivers who violate applicable FMCSA or DOT rules or
this policy, subject to applicable personnel policies and collective bargaining
agreements. Except as otherwise required by law, the City is not obligated to
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reinstate or requalify such drivers following a first positive confirmed
controlled substance or alcohol test result.
4. Evaluation and Return to Duty Testing
Should the City wish to consider reinstatement of a driver who engaged in
conduct prohibited by federal law and/or who had a positive alcohol or
controlled substance test, the driver must undergo a SAP evaluation,
participate in any prescribed education/treatment, and successfully complete
return -to -duty alcohol test with a result indicating an alcohol concentration of
less than 0.02 and/or or a controlled substance test with a verified negative
result, before the driver returns to duty requiring the performance of a safety -
sensitive function. The SAP will determine what assistance, if any, the driver
needs in resolving problems associated with alcohol misuse and controlled
substance use and will ensure the driver properly follows any rehabilitation
program and submits to unannounced follow-up alcohol and controlled
substance testing.
5. Follow -Up Testing
If the driver passes the return -to -duty test, he/she will be subject to
unannounced follow-up alcohol and/or controlled substance testing. The
number and frequency for such follow-up testing will be as directed by the
SAP and will consist of at least six tests in the first twelve months. These tests
will be conducted under direct observation.
6. Refusal to test
All drivers and applicants have the right to refuse to take a required alcohol
and/or controlled substance test. If an employee refuses to undergo testing,
the employee will be considered to have tested positive and may be subject to
disciplinary action, up to and including termination. Refer to Refusing to Test
provided earlier in this policy.
7. Responsibility for Cost of Evaluation and Rehabilitation
Drivers will be responsible for paying the cost of evaluation and rehabilitation
(including services provided by a Substance Abuse Professional)
recommended or required by the City or FMCSA or DOT rules, except to the
extent that such expense is covered by an applicable employee benefit plan or
imposed on the City pursuant to a collective bargaining agreement.
X. LOSS OF CDL LICENSE FOR TRAFFIC VIOLATIONS IN
COMMERCIAL AND PERSONAL VEHICLES
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Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license
holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle.
Employees are required to notify their supervisor immediately if the status of their CDL license
changes in any way.
XI. MAINTENANCE AND DISCLOSURE OF RECORDS
Except as required or authorized by law, the City will not release driver's information that is
contained in records required to be maintained by this policy or FMCSA and DOT regulations.
In addition, a driver is entitled, upon written request, to obtain copies of any records pertaining to
the driver's use of alcohol or a controlled substance, including any records pertaining to his or
her alcohol or controlled substance tests.
XII. POLICY CONTACT FOR ADDITIONAL INFORMATION
If you have any questions about this policy or the City's controlled substance and alcohol testing
procedures, you may contact your immediate supervisor to obtain additional information.
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CERTIFICATE OF RECEIPT
I have read and understand the terms of the City's Drug -Free Workplace Policy. I have been
given the opportunity to ask any questions that I had regarding this policy.
Employee Name (Please Print)
Employee Signature Date
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