5.3. SR 04-11-2011Item # 5_3.
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.t~~~r' MEMORANDUM
TO: Mayor and City Council
FROM: Lori Johnson, City Administrator
DATE: April I I, 201 1
SUBJECT: Personnel Policy Discussion Items
The Council requested information and discussion on two items: Employee involvement in
either campaigning for or endorsement of political candidates and council/staff relations.
First, I will address political activity by employees. Below is an excerpt from the City's
Personnel Policy Manual addressing employee political activity.
POLITICAL ACTIVITY
Employees may belong to a political party and are entitled to complete freedom
from all interference in casting votes. Employees may seek election or appointment
to public office, except to the extent prohibited by the provisions of state or federal
law.
Political activity must not interfere with an employee's job duties or performance.
Political activity during work hours is prohibited.
CANDIDACY
City employees who become candidates for elective office may request a leave of
absence for the purpose of pursuing their candidacy, which may be granted at the
City's sole discretion.
To the extent that any employee, including one campaigning for office, is unable to
perform his or hex City duties, he or she may be subject to disciplinary action, up to
and including termination.
Last year, during the 2010 election, I received only one question about campaigning and
endorsements. The question came from a representative of an employee association that
wanted to endorse a candidate for sheriff. Consistent with our policy, the representative was
told that the association could endorse a candidate as long as it did not in any way indicate
that the City was endorsing the candidate. All employees have the same right as any citizen
does to endorse or campaign for political candidates. However, they may not campaign or
endorse using the City's name, or infer due to their position or title, that they represent the
City's position in the election.
The second issue of discussion requested is council/staff relations. The Personnel Policy
Manual is mute on the subject thereby allowing council and staff relations as deemed
appropriate by the Council. In 2004 there was also discussion about this issue. A copy of
those minutes is attached for your review. At that time the Council supported open
discussion between Council and staff, and that philosophy has continued. In some cases,
however, such as reporting harassment and other personnel matters, it is critical that the
proper chain of command be followed so timely and accurate reporting is made to the
correct staff. If that does not occur, the city risks potential liability exposure. The Personnel
Policy Manual addresses those specific situations.
Finally, as you may recall, the entire Personnel Policy Manual is scheduled to be reviewed
and updated this year. That process will require thorough review by our attorney to ensure
that all of the policies comply with all applicable state and federal laws as they currently exist.
There have been law changes made since the policy was last updated, and although the law
changes have been followed in practice they have not yet been included in the policy manual.
Any changes to the two items addressed in this memo would be included in the updated
Personnel Policy Manual.
Special City Council Minutes Page 8
November 22, 2004
,,._ and discuss the October 11, 2004 minutes at the December worksession and discuss the
appropriate way to Follow-up to the October worksession.
Mr. Klaers indicated that the Council may need to have individual worksessions with the
Planning Commission and the Parks and Recreation Commission to discuss
recommendations that are being made on development proposals.
i
fir. Klaers indicated the monthly Council worksessions seem to be working out well to
provide more informal Council discussions to evaluate proposals and policies prior to
formal Council approval.
He stated that "acceptable rules of behavior" for Council, staff, and administrator
iatexaction was an action step identiFied in the Brimeyer worksessions. Mr. Klaers indicated
that he was not in attendance at the meetings at which this was discussed and asked the
Council for direction on this issue.
CounciImember Kuester stated that she believes there is confusion on when it is appropriate
for Council to cont<1ct staff directly and when Mr. Klaers should be contacted first. She
indicated that there is no indication of which way is correct.
Councilmember Tveite indicated that he believes staff and Council should use common
sense and professional courtesy when determining if direct contact is appropriate.
Mayor I{linzing stated that she would like to find out if other cities have code of conduct
^ policies in place regarding staff and Council communication and communications with
boards and commissions. Mr. Klaers noted that the communication with boards and
commissions has been addressed in the new board and commission polity adopted August
2, X004. .
Councilmember Dietz stated that he believes that direct communication between the
department heads and the City Council should not be limited and that the department heads
should be able to contact the Council without notifying the city administrator at anytime if
they deem it appropriate.
On the topic of staff training, l~fr. Klaers stated that he would like the city to hire the
Stanton Group to provide on-site management/supervisory training to department heads
and other first-line supervisors. The plan is to hold the training on December 15, 2004. It
was the consensus of the City Council to use contingenry funds for this training.
Qrv~ni,;utiona! Nluttugement
Mr. Klaers stated that the hiring of a parks and recreation director was one part of the staff
reorganization plan that has been implemented and it is working out well. He stated that he
believes that the ne.Yt step, as highlighted from the Brimeyer sessions, should be to hire a
community development director.
It was the consensus of the Council to support this position. This position is in the 2005
budget. Mr. Klaers stated that in order to proceed with this position in a timely manner, the
job description and pay grade need to be established this winter and advertisement for this
position needs to begin in March. The Council directed the Personnel Committee to review
the pay of the community development director at their December meeting.