10.1. SR 05-21-2012REQUEST FOR ACTION
TO ITEM NUMBER
Ma or and Ci Council 10.1
AGENDA SECTION MEETING DATE PREPARED BY
Work Session Ma 21, 2012 Cal Portner, Ci Administrator
ITEM DESCRIPTION REVIEWED By
Review and Discuss Personnel Policy Manual Updates
REVIEWED BY
ACTION REQUESTED
Review and discuss changes to the Personnel Policy Manual.
BACKGROUND/DISCUSSION
On April 16, 2012, the City Council reviewed proposed updates to the city personnel manual.
Attached is the second draft of the updated manual. Items highlighted in yellow were original changes
and were discussed in April.
Items highlighted in green are a result of the Council input.
If the changes reflect the Council's policy positions, we will prepare a resolution for consent on the next
council agenda approving changes in policy and accepting administrative changes.
FINANCIAL IMPACT
N/A
ATTACHMENTS
^ Draft of City of Elk River Personnel Policy Manual
Action Motion by Second by Vote
Follow Up
C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet ~~
Files\Content.Outlook\GWL3I79K\Personnel Policy Manual Staff Report.docx
City of Elk River
Personnel Policy Manual
(Revised August 2008)
(Updated August 2010)
DRAFT
for
Review
TABLE OF CONTENTS
INTRODLJCTION ..........................................................................................................1
EMPLOYMENT
EQUAL EMPLOYMENT OPPORTUNITY ...................................................................... .........2
DEFINITIONS OF EMPLOYMENT STATUS .................................................................. .........2
WORK RULES .................................................................................................................. .........3
ORIENTATION PERIOD .................................................................................................. .........3
COMPENSATION ............................................................................................................ .........4
WORK WEEK ................................................................................................................... .........4
PAYDAYS ........................................................................................................................ .........4
TIMESHEETS ................................................................................................................... .........4
OVERTIME AND COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES ......... .........4
CALL OUT PAY ............................................................................................................... .........6
TIME OFF FOR EXEMPT EMPLOYEES ......................................................................... .........6
REPORT OF PERSONNEL CHANGES ............................................................................ .........6
GOVERNIVMENT DATA PRACTICES ACT ...................................................................... .........6
PERFORMANCE APPRAISALS ...................................................................................... .........7
ATTENDANCE ................................................................................................................. ......... 7
REST BREAK/MEAL BREAK ......................................................................................... ......... 7
EMPLOYMENT OF RELATIVES .................................................................................... ......... 8
SUPPLEMENTAL EMPLOYMENT ................................................................................. ......... 8
SEPARATION FROM EMPLOYMENT
RESIGNATION ................................................................ .......................................................... 9
RETIREMENT ................................................................. .......................................................... 9
LAYOFFS ........................................................................ ..........................................................9
SEVERANCE PAY .......................................................... ..........................................................9
EXIT INTERVIEWS ........................................................ ........................................................10
LEAVE BENEFITS
VACATION ...................................................................................... .......................................11
SICK LEAVE .................................................................................... .......................................12
SICK LEAVE DONATION ............................................................... .......................................13
HOLIDAYS ....................................................................................... .......................................13
LEAVES OF ABSENCE ................................................................... .......................................15
Family and Medical Leave Policy ................................................. .......................................16
Siclc or Injured Child Care Leave Policy ....................................... .......................................17
School Activities Leave ................................................................ .......................................17
Bone Marrow Donation Leave ...................................................... .......................................18
National Guard and Reserve Leave ............................................... .......................................18
Military Leave for Uniformed Service .......................................... .......................................18
Jury/Witness Duty Leave .............................................................. .......................................19
Bereavement Leave .............................................................................................................19
General Leave .....................................................................................................................19
Voting Leave .......................................................................................................................20
GENERAL BENEFITS
GENERAL POLICIES
SMOKE & TOBACCO FREE POLICY ............................................................. ......................23
APPEARANCE AND DRESS GUIDELINES .................................................... ......................23
ELECTRONIC COMM[_JNICATION DEVICES ................................................ ......................23
Telephone Use ............................................................................................... ......................23
E-Mail/Voice Mail Use ................................................................................. ......................23
Internet Access and Use ................................................................................ ......................24
Bandwidth Conservation ............................................................................... ......................24
TRAVEL EXPENSES ........................................................................................ ......................25
KEYS AND SECURITY .................................................................................... ......................25
PERSONAL USE AND DISPOSAL OF CITY PROPERTY .............................. ......................25
USE OF CITY VEHICLES ................................................................................. ......................25
RESIDENT COMPLAINTS ............................................................................... ......................26
EMERGENCY CLOSING POLICY ................................................................... ......................26
EMPLOYEE PARTICIPATION IN CITY FIRE DEPARTMENT ...................... ...................... 27
EMPLOYEE PARTICIPATION IN POLICE RESERVES ................................. ......................27
POLITICAL ACTIVITY .................................................................................... ......................28
CANDIDACY .................................................................................................... ......................28
LABOR RELATIONS
COMMUNICATION ................................................................................................................ 29
DISCIPLINE ............................................................................................................................. 29
GRIEVANCE PROCEDURE ...................................................................................................30
SAFETY
SAFETY ................................................................................................................................... 32
SAFETY EQUIPMENT REIMBURSEMENT POLICY ........................................................... 32
INCIDENT REPORTING .........................................................................................................33
WORKERS' COMPENSATION ..............................................................................................33
CONDUCT
ETHICS OF PUBLIC EMPLOYMENT ........................................................ ............................34
ACCEPTING GIFTS .................................................................................... ............................34
EMPLOYEE ENDORSEMENTS ................................................................. ............................34
CONFLICT OF INTEREST .......................................................................... ............................34
HARASSMENT ........................................................................................... ............................34
Definitions of Sexual and Other Forms of Harassment ............................. ............................ 35
Scope of Policy ....................................................................................... ............................35
Reportinb Harassment ............................................................................. ............................35
Confidentiality ........................................................................................ ............................36
No Retaliation ......................................................................................... ............................ 36
Questions About Policy ........................................................................... ............................36
WORKPLACE VIOLENCE ......................................................................... ............................36
DRUG AND ALCOHOL POLICY ............................................................... ............................ 37
PERSONNEL POLICY MANUAL RECEIPT AND ACKNOWLEDGMENT
EXHIBITS
Introduction
This policy manual contains personnel policies and procedures for City of Ellc River
employees.
The city strives to provide an efficient system of personnel administration for its
employees. This policy manual serves as a guide for administrative actions concerning
city personnel matters and is provided for informational purposes only. It is not a contract
between the city and any of its employees. Although we have attempted to cover matters
that generally apply to employees, this policy manual does not cover every situation that
may arise.
Other than any applicable collective bargaining agreement, this policy manual replaces and
supersedes any and all prior manuals, memos and any other written or oral statements of
employment policies and procedures.
Except as provided by statute or applicable collective bargaining agreement, employment
of all city employees is at-will. This means that the employee has the right to terminate lus
or her employment at any time, with or without cause or notice, and that the city has that
same right.
No representative of the city has the authority to alter the at-will nature of an employee's
employment except the City Council by approval of a written contract of employment
executed by the city. No employee has a protectable property interest in his or her
employment with the city.
The policies in this manual shall apply to all city employees unless specifically exempted
by the City Council. Consultants rendering professional services on a fee basis are not
considered city employees.
The city may add to, modify or revise portions of this manual as the city deems
appropriate, with or without prior notice.
This manual may be superseded to the extent that it is inconsistent with state or federal
statute, a collective bargaining agreement entered between the city and its employees, or a
written contract of employment signed by the city.
1
Employment
Equal Employment Opportunity
The city pledges its best efforts to avoid discrimination against or harassment of any
employee or applicant for employment because of race, color, creed, religion, sex, age,
national origin, sexual orientation, marital status, veteran status, status with regard to
public assistance, physical or mental disability, or any other status protected by state or
federal law.
The city prohibits discrimination against or harassment of any employee or job applicant
on the basis of protected class status. Employees who participate in discrimination in
violation of this policy are subject to discipline up to and including termination. Retaliation
against any employee for making a complaint under this policy or assisting with
investigations of complaints made under this policy is also strictly prohibited.
Any person who feels that s/he has been discriminated against should contact the city
administrator or Human Resources.
Employment Status Definitions
Full-Time: A regular work scheduleconsisting of 2,080 hours per
year.
Part-Time: A regular work schedule of less than 2,080 hours per
year, generally over the 12 months period.
Orientation Period: First six months of employment as described below.
Regular: An employee who has completed lus or her
Orientation Period, as described below.
Seasonal: A position that is seasonal in nature; less than 12
months per year. The employee may work more than
one hundred twenty (120) days in any consecutive
12-month period.
Temporary: A position scheduled to work fewer than 120 days in
any consecutive 12-month period.
Elected or Appointed Official: A person elected as Mayor or Council member or a
person appointed by the Mayor and Council to serve
on a city commission or board.
Applicant: Any person applying for a paid or volunteer position.
2
Work Rules
k7 accepting employment with the City of Ells River, employees become representatives of
the city and are responsible for assisting and serving the residents for whom they work. An
employee's primary responsibility is to serve the residents of Ells River. Employees
shallexhibit conduct that is ethical, professional, responsive, and of standards becoming of
a city employee. To achieve this goal, employees must adhere to established policies, Hiles,
and procedures and follow the instructions of their supervisors.
The following are job requirements for every position of the City of Ell{ River. All
employees are expected to:
• Perform assigned duties to the best of their abilities at all times.
• Render prompt and courteous service to the public at all times.
• Read, understand, and comply with the n~les and regulations as set forth in these
Persoiulel Policies as well as those of their departments.
• Conduct themselves with deconun toward both residents and staff and respond to
inquiries and information requests with patience and courtesy.
• Report any and all unsafe conditions to the immediate supervisor.
• Maintain good attendance.
Orientation Period
The Orientation Period is an integral part of the employment process in which the city and
the new employee should consider whether the employment is mutually satisfactory.
The Orientation Period consists of the first six (6) months of employment. During the
period, the city will observe the employee's work to determine whether the employee
demonstrates that s/he is qualified for the position to which s/he was appointed.
Performance, skills, ability, and other factors observed and demonstrated during the period
are evaluated by the employee's supervisor in order to deternne whether the employee
will be retained. Employment during the orientation period is at-will, meaiung the
employee and the city each have the right to terminate employment with or without cause
or notice (except if provided otherwise by statute or applicable collective bargaining
agreement). If the employee does not meet established standards, and there is reason to
believe, in the city's sole discretion, that a longer review period is needed, the Orientation
Period may be extended to a total of 12 months.
Upon satisfactory completion of the Orientation Period, the employee will become a
regular employee. This does imply employment is permanent. Except as provided by
statute or applicable collective bargaining agreement, employment for all city employees is
for an indefinite time and can be terminated by either party at any time and for any reason,
both during and after the Orientation Period.
Employees promoted or appointed to new positions must successfully complete a six
month Orientation Period. If found during the orientation to be unsuited for the position,
the city at its sole discretion, may reinstate the employee to his/her former position and
former rate of pay. Reinstatement is not guaranteed.
All employees, regardless of classification, status or length of service are expected to meet
and maintain city standards for job performance and behavior.
Compensation
Employees will be compensated according to the compensationplan approved by the City
Council. The city will develop and maintain a compensation plan for all positions in
accordance with federal and state laws. This plan may be reviewed and changed
periodically in the sole discretion of the city.
Work Week
Work schedules will be established by the appropriate department director with the
approval of the city administrator. The regular workweek for regular full-time employees
is 40 hours per week. The regular workweek for regular part-time employees is less than
40 hours per week.Unless otherwise provided, the normal workday will begin at 8:00 a.m.
and end at 4:30 p.m. The normal workweek will consist of flue consecutive workdays,
Monday through Friday.
Flex-time arrangements must be approved by the department director and city
administrator. The department director or city administrator may deny requests for flex-
time at their sole discretion. Flex-time arrangements shall not negatively affect service
levels. Employees with flex-time arrangements may be asked to adjust their schedules
periodically or to discontinue flex-time in order to accommodate vacations, sick leave, or
other issues witlun the department.
Paydays
As provided by Minnesota law, all employees are required to participate in direct deposit.
Employees will be paid biweeldy on alternate Fridays, adjusted according to bank holiday
schedules.
Timesheets
Timesheets must be received by the payroll clerk by 10:00 a. m. on Monday of payroll
week for payment on Friday. Timesheets submitted after the deadline will not be paid until
the following payroll week.In accordance with the Fair Labor Standards Act (FLSA),
hours worked and leave time used by non-exempt employees are to be recorded daily.
Each reporting form must include the signature of the employee and immediate supervisor.
Reporting false information on a time sheet may be cause for immediate termination.
Overtimeand Compensatory Time for Non-Exempt Employees
ers and approves projected overtime expenses in the annual budget
4
y administr
nVP.YtI IIIP,
All employees may be required to work overtime as requested by their supervisor. Refusal
to work overtime as requested may result in disciplinary action. Supervisors will make
reasonable efforts to balance the personal needs of their employees when assigning
overtime work.
All overtime must be authorized in advance by the employee's supervisor. An employee
who works overtime without prior approval may be subject to disciplinary action.
The city complies with applicable state and federal laws goveriung accn~al and use of
overtime. Only employees to whom the overtime provisions of the state and/or the federal
FSLA apply are required to be compensated for overtime work. The city administrator and
human resource representative will determine whether each employee is "exempt" or "non-
exempt" in accordance with federal law.
Overtime eligible (non-exempt) employees will be compensated at the rate of one and one-
half times their base hourly rate for hours worked over 40 in one workweek. However,
non-exempt employees employed in fire protection or law enforcement activities may be
paid overtime based on the 7(k) exemption as defined by the FLSA (29 U.S.C. § 207(k)).
Vacation, sick, compensatory, and bereavement leave hours taken during the workweek do
not count toward "hours worked" for purposes of overtime. Holiday time off pursuant to
the Holidays policy below generally will count toward "hours worked" for non-exempt
employees. Emergency call out hours, as determined by the department head, and weekend
rotation hours will be compensated as overtime hours and will be paid at time and one half.
ime compensation will be paid for overtime hours, unless the employee
tment director mutually agree in advance of performance of the work tha
Compensatory time must be marked as such on timesheets, both when it is earned
i7pensatoiy time off is utilized, additional compensatory time may be bai~lced, not to
:eed 40 hours. Overtime earned after 40 hours of banked compensatory time will be paid
the overtime rate. No more than forty (40) hours of compensatory time may roll over
m one calendar year to the next.
Street and Equipment Services employees will track compensatory time based on a
November 1 to October 31 calendar year. No more than 40 hours may be carried from
accrued but unused compensatory time.
Call Out Pay
Employees called to work on an unscheduled or emergency basis shall receive a minimum
of two (2) hours call out pay.Overtime pay for holidays is explained in the Holidavs
section of this manual.
Time off for Exempt Employees
Positions classified as Exempt do not qualify for overtime compensation per the FLSA.
Exempt employees are expected to work the hours necessary to meet the performance
expectations outlined by their supervisors, the city administrator, andthe City Council.
Generally, to meet these expectations, an exempt employee is often required and expected
to work in excess of forty (40) hours per week.
med that the employee works in eYCess of 40 hours per week.
Report ofEmployee Information Changes
The city attempts to maintain complete and accurate employee information and complies
with data privacy laws. It is important that your permanent persoiulel records are kept
accurate and up-to-date. Immediately notify human resources when there is a change in
any of the following:
• Name (through marriage or otherwise)
• Address
• Marital status
• Beneficiaries for life insurance and retirement
• Telephone number
• Person to contact in case of emergency
• Other changes which may affect benefits coverage
Minnesota Government Data Practices Act
Pursuant to the M~jmes~ota Uovet~nr~zent Data Practices Act (DPA) data are categorized as
private, non-public, or confidential. All data is public unless classified otherwise. In many
circumstances, data may not be disclosed except with authorization of the subject of the
data or pursuant to court order. In compliance with the DPA, employees are strictly
prohibited from disclosing to a third party, within or outside the city, any personnel data,
6
Exempt employees are required to use paid leave when on personal business or away from
the office for a sirniticant mart of the work dav. Absences of a few hours do not require the
data relating to pending civil legal actions, or any other data that might be classified as
private, non-public, or confidential, without the city administrator's express authorization.
The City Council appoints the city administrator as the responsible authority to administer
the requirements for collection, storage, use, and dissemination of data. Refer to the city's
Guidelines and Procedures for the Minnesota Government Data Practices Act for
additional information.
Performance Appraisals
Performance appraisals are an opportunity for employees, supervisors, and the city to
assess employee job performance. The performance appraisal system is designed to:
• Ensure that quality services are provided to the public at the least possible cost;
• Motivate and develop employees to their fullest potential;
• Clarify roles and mutual expectations of supervisors and employees;
• Promote open and ongoing conununication between employees at all levels,
including feedback from subordinates to supervisors; and
• Assist in deternunation of whether employees are meeting the established
performance standards for their position.
Performance appraisal forms generally will be maintained in the employee's personnel file.
Employees may be evaluated formally or informally at any time. An employee's
immediate supervisor or department director will conduct a performance appraisal
annually, and may conduct performance appraisals more frequently if prescribed by the
city administrator or the department director. The performance appraisal usually will be in
writing and must be signed by the employee and supervisor.
Attendance
Every employee has an important role in maintaining a productive workplace. Therefore, it
is essential that all employees report to work every day as scheduled. Unsatisfactory
attendance, including reporting late to work and leaving work early may result in
disciplinary action up to and including discharge.
If an employee must be absent from work for any reason, other than approved time off,
s/he must notify his/her immediate supervisor at least thirty (30) minutes prior to the start
of lus/her normal working hours. If an emergency prevents the employee from notifying
his/her supervisor at such time, the employee must call his/her immediate supervisor as
soon as possible during the workday.
Rest /Meal Break
Non-exempt, full-time employees shall receive a paid rest break not to exceed fifteen (15)
minutes away from job duties on one occasion during each four (4) hour work shift. Part-
time employees shall receive a paid rest break not to exceed fifteen (15) minutes during a
work period of four hours.
7
Rest breaks caiulot exceed fifteen minutes, including the tune required to get to and from a
rest break area.
All employees scheduled to work six or more hours per shift are required to take ahalf-
hour, unpaid meal break.
Employees may not purposely miss rest breaks in order to accumulate time to leave early
at the end of the day; all rest breaks and meal breaks must be taken.
Employment of Relatives
All employees are hired as the most qualified candidate based on qualifications, skills, and
ability. Employment is not restrictedto more than one member of a family (including
spouse, children, parents, siblings, in-laws or other immediate relative). No family member
will be hired where:
1. One family member would have the authority or practical power to supervise,
appoint, remove, or discipline the other;
2. One family member would be responsible for auditing the work of the other;
Other circumstances exist which would place the family member in a situation of
actual or reasonable foreseeable conflict between the city's interests and their own;
and
4. Where the family member has a relative who is employed by an organization with
whom the city has business dealings, and in the city's judgment, considering the
position and job responsibilities of both the employee and family member would
create an appearance of improper influence or favor or would jeopardize the
confidentiality of data maintained by the city.
Supplemental Employment
Elk River does not restrict employees from engaging in outside employment. However,
regular, full-time employees are expected to consider city work their primary employment.
Employees may not engage in outside employment that interferes with the performance of
one's city duties, that represents a conflict of interest, or that may influence or bias an
employee's job related decision malting ability.
The city will not adjust work hours to facilitate the scheduling of outside employment. If a
supervisor believes an employee's outside employment is detrimental to the city and
his/her position, the employee may be asked to discontinue the outside employment. If an
employee is asked to discontinue outside employment and fails to do so, s/he may be
subject to discipline up to and including termination.
Separation from Employment
Resignation
Proper notice is required for resignation. Employees resignng city employment must
submit a written resignation to their supervisor at least ten (10) working days prior to the
anticipated resignation date; department heads must provide twenty (20) working days
written notice to the city administrator prior to the anticipated resignation date. Only actual
work days may be used for proper notice, use of vacation, sick or compensatory time for
proper notice is prohibited.
With proper notice, the employee will be compensated for any accrued, unused vacation
time s/he was eligible to use during that year. If eligible, s/he may also be compensated for
a portion of banked sick leave as stated in the S'eve~°a~ce Pay S'ectio~r of this policy manual.
Non-exempt employees will be compensated for any accrued but unused compensatory
time as of the date of separation.
An unauthorized absence from work for a period of three (3) or more worling days may be
considered a resignation without proper notice.
Failure to comply with this notice procedure may be considered reason for denying an
employee future employment with the city.
Retirement
Employees who retire from employment may be eligible for retirement programs as
provided by state or federal law.
Layoffs
The City Council has the authority to lay off any
necessary as determined in the city's sole discretion.
(10) worling day notice prior to a layoff.
employee when such action becomes
The city will attempt to provide a ten
Severance Pay
An employee resigning employment may be eligible for a cash payment for a portion of
unused sick leave if the following conditions are met:
1. The employee must resign in good standing, not terminated by the city; and
2. S/he must provide proper notice of resignation as stated above; and
3. S/he must execute a release of claims; and
4. S/he musthave completed two (2) consecutive years of service
9
The severance payment is calculated at fifty percent (50%) of the accumulated sick leave
balance up to a maximum paidof four hundred eighty (480) hours. Payment shall be at the
rate of pay when the resignation is submitted.
Accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible for a
severance payment. Sick leave shall continue to accumulate in excess of nine hundred sixty
(960) hours to be used in accordance with the Family Medical Leave Act.
Exit Interviews
Human Resources shall conduct a brief interview with each employee separating from city
employment. The interview seeks to identify employee morale trends triggered by policy
concerns, management /communication gaps, workload levels and the general work place
environment.
10
Leave Benefits
Vacation
Paid vacation leave is provided for regular, full-time employees and on a prorated basis for
eligible part-time employees. To be eligible, part-time employees must work a set schedule
with a minimum of forty (40) hours per biweeldy pay periodTemporary and seasonal
employees are not eligible for vacation benefits.
Vacation leave is accn~ed based on consecutive years of leave eligible service. Employees
accn~e vacation leave at the following rates:
Length of Service Accrual Rate
From start of employment through
t'
completion of the S
year 88 working hours per year
Beginning of the 6t1i~year through
t'
completion of the 7
year 112 worl~ing hours per year
Beginning of the 8ti'year through
t
completion of the 9
'year 120 working hours per year
Beginning of the l Oti'year through
t
completion of the 1 l
'year 128 working hours per year
Beginning of the 12ti'~year through
t
completion of the 13
'year 136 working hours per year
Beginnng of the 15ti'~year through
completion of the 1 St'year 144 worl~ing hours per year
Beginning of the 16ti' year through
completion of the 17ti'year 152 working hours per year
Beginning of the 18ti' year 160 working hours per year
Beginning of the 19ti' year 168 worl~ing hours per year
Beginning of the 20t1iyear 176 worlang hours per year
Beginning of the 21~tyear 184 working hours per year
Beginning of the 22"`year through
completion of the 24ti' year 192 working hours per year
11
Beginning of the 25ti' year and thereafter 200 working hours per year
Employees must receive department director approval before taking vacation leave.
Orientation Period employees may not use vacation leave unless otherwise authorized by
the city administrator. Employees taking more than two (2) consecutive weeks of vacation
or a combination of vacation and compensatory time must obtain prior approval from the
city administrator. The city will make every effort to grant vacations time as requested, but
reserves the riglrt to deny or approve vacation schedules.
Regular, fiill-time and regular, part-time employees may carry
vacationforward from one year to the next.
Sick Leave
Sick leave is not a privilege or vested right that an employee may use at his/her discretion.
Eligible employees may use sick leave only for the following:
1. Personal illness or injury;
2. To attend medical and dental appointments;
3. To care for sick dependents;
4. To take dependents to medical and dental appointments;
5. Up to five days per calendar month to care for seriously ill family members who
may not live with the employee. For purposes of this provision, "seriously ill" shall
be determined at the sole discretion of the city administrator.
Paid sick leave is provided for regular, full-time and on a prorated basis for eligible part-
time employees. Regular, frill-time employees accn~e sick leave at a rate of eight (8)
working hours for each calendar month. To be eligible, part-time employees must work a
set schedule with a minimum of forty (40) hours per biweekly pay period.Temporary and
seasonal employees are not eligible for sick leave.
There is no limit on the amount of accrued sick time that can be accumulated and carried
forward from one year to the next.
Employees must notify their immediate supervisor at least thirty (30) minutes before the
start of their regular start time if s/he intends to be absent from work. If an emergency
prevents the employee from notifying the immediate supervisors/he must call the
immediate supervisor as soon as possible during the workday. Employeesare required to
keep their immediate supervisor informed of their anticipated return to work.
An employee attempting to use sick time for reasons other than those explicitly permitted
in this policy will be subject to disciplinary action up to and including termination.
A doctor's note shall be required if an employee is absent more than four (4) days or if
abuse of sick leave is suspected. In some circumstances, an employee may be requested to
submit to a medical examination by a physician or medical facility licensed to practice
medicine. In such a circumstance, the city may select the physician and facility that will
conduct the examination.
12
Sick Leave Donation
With the written consent of the city administrator, employees may donate equal shares of
sick and vacation leave to fellow employees experiencing a major illness such as, but not
limited to, heart attack, stroke, organ transplant, or other illness all of which must be
supported by a physician's diagnosis, or a catastrophic accident with serious injuries
supported by a physician's diagnosis.
An employee will be eligible to receive donated leave:
L If the employee currently earns sick leave.
2. Only after all of the employee's own sick, vacation, compensatory, or other leaves
have been exhausted.
3. Only for normal work hours lost due to the illness for which the leave is donated.
4. Only for time not covered by disability insurance or workers compensation.
5. Up to a maximum of 240 hours.
6. If the physician's diagnosis indicates that the employee will be able to return to
work after rehabilitation or recovery.
The donated leave must be used concurrently with FMLA leave and must be used within
12 weeks of the date of the illness. Donated sick leave not used within 12 weeks will be
forfeited. If the condition of the employee receiving donated leave improves so that s/he is
able to return to work either in a light duty capacity, if work is available, or to his/her
normal work schedule, any donated leave time shall be forfeited.
An employee may donate up to 16 hours of equal shares of sick and vacation per recipient
per year made in increments of not less than eight (8) hours. The employee must complete
a Leave Donation Form to donate leave. All donations will remain anonymous.
Donated leave will be paid at the recipient's current rate of pay. Donated hours do not
qualify to be included as part of sick leave for the severance pay calculation.
This policy applies on a prorated basis for part-time employees eligible for sick leave.
Holidays
The city observes the following holidays
• New Year's Day • Veterans Day
• Martin Luther King's • Thai~lcsgiving Day
Birthday • Friday after Thai~l{sgiving
• Presidents Day • Christmas Eve
• Memorial Day • Christmas Day
• Independence Day
• Labor Day
Regular, full-time employees are eligible to receive pay for these holidays.
13
Part-time employees will receive paid holidays on the same basis as regular, full-time
employees, except that holiday pay will be pro-rated according to the number of hours
worked.To be eligible, part-time employees must work a set schedule with a minimum of
forty (40) hours per biweekly pay period.
Temporary and seasonal employees are not eligible for holiday pay.
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 a holiday falls during an employee's vacation or sick leave, the employee will not be
charged with vacation or sick leave for the holiday hours; the hours will be considered
holiday leave.
Although the city prefers that employees enjoy the observed holidays, emergencies may
arise.If anon-exempt employee is required by his/her supervisor to work on a holiday,
overtime (in addition to holiday pay) shall be paid as follows:
1. Regular, frill-time and regular part-time employees shall be paid time and one-half.
2. Snow plow operators shall be paid double time on the actual holiday if different
from the day observed by the city.
3. Firefighters shall be paid double time for emergency response and scheduled Fire
Watch hours worked on NewYear's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving, Christmas Day (December 25) and Christmas Eve.
4. Part-time, seasonal or temporary employees will earn time and one half on the
following four holidays
• Independence Day
• Christmas Day
• New Year's Eve after 4:30 p.m.
• New Year's Day
Liquor store employees may be required to work certain holidays. If a regular, full-
time liquor store employee works on a day designated as a holiday as listed above,
the employee may take another day (eight hours) off in lieu of the holiday. Non-
exemptliquor store employees will be paid at one and one-half times their regular
base rate for working the following days:
• After 4:30 p.m. on New Year's Eve
• New Year's Day (when open)
• Memorial Day (when open)
• kndependence Day (when open)
• Labor Day (when open)
• Christmas Eve Day (when open)
Leaves of Absence
The city provides leaves of absence according to the following policies. Unless otherwise
indicated, all leaves of absence are unpaid. An employee requesting a leave of absence
must complete a Request for Leave of Absence form. Forms for requesting a leave of
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absence are available on SharePoint or from the finance department. When possible,
advance notice of a leave should be provided to an employee's department director so
work schedules can be adjusted accordingly.
Family and Medical Leave Policy
Eligible employees are entitled under the Family and Medical Leave Act (FMLA) to take
up to 12 weeks unpaid leave during any 12 month period for the following:
• Care for a newborn or a newly adopted child or anewly-placed foster child;
• Care for a spouse, son, daughter or parent with a serious health condition;
"covered active duty" in the Armed F
a serious injury or illness.
A covered service member is a member of the Armed Forces, including the National Guard
and Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise
Federal law expanded covered service member to include a veteran undergoing medical
treatment, recuperation, or therapy for a serious injury or illness if the veteran was a
member of the Armed Forces "at any time during the 5 years preceding the date in wluch
the veteran undergoes that medical treatment, recuperation, or therapy".
Employees returning from FMLA Leave will be able to return, at the discretion of
management, either to the previous position or equivalent. The employee on FMLA Leave
will not be eligible for reinstatement, however, if s/he would have been subject to a work
force reduction or lay-off if working during the leave period.
To be eligible for FMLA Leave, employees must have been employed for at least 12
months and have worked at least 1,250 hours in the 12 months preceding the leave.
The 12 weeks of leave will be calculated on a rolling year basis measured backwards from
the time the employee uses leave.
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FMLA Leave should be scheduled with the employee's supervisor as far in advance as
possible. If leave is foreseeable, at least thirty (30) days advance notice should be given.
If employees are eligible for both unpaid FMLA Leave and any paid leave (such as
vacation, compensatory time, sick leave, or short-term disability benefits), they are
required to use such paid leave concurrent with their unpaid FMLA Leave, except that
employees on leaves due to birth or adoption need not use their accrued sick leave or
vacation during the first six weeks of their leave if they choose not to. Further, employees
receiving workers' compensation benefits during their FMLA leave are not required to,
and may not elect to, use other paid leave concurrent with FMLA leave during the period
they are receiving workers' compensation benefits.
If FMLA Leave is taken due to the serious health condition of the employee or family
member, medical certification will be required. Certification will be required before the
leave begins or soon afterward, while on leave if necessary, and upon return to work. The
city may, at its own discretion and expense, require a second opinion.
Unless the employee makes special arrangements and is granted permission, FMLA Leave
for the birth or adoption of a child or for foster care placement must be taken all at one
time. FMLA Leave taken because of the employee's or another's serious health condition
may be taken intermittently, all at one time, or in the form of a reduced work schedule,
depending upon what is medically necessary. Leave taken by part-time employees in the
form of a reduced schedule will be pro-rated to the number of hours worked during the last
12 months.
While on leave, health insurance benefits will continue in the same manner as prior to
leave. Employee co-payments must be made in a timely manner to avoid jeopardizing
continued coverage.
Contact Human Resources for questions about leave entitlements.
Sick or Injured Child Care Leave Policy
Employees who have worked at least half time during the 12 months preceding a leave are
entitled to use accrued personal sick leave benefits for absences due to an illness of or
injury to the employee's minor child, or a child under 20 years of age attending secondary
school.
School Activities Leave Policy
Employees who have worked at least half time during the precedingl2 months are entitled
to up to 16 hours leave during any 12-month period to attend school conferences or
classroom activities related to the employee's cluld, provided the conferences or classroom
activities cannot be scheduled during non-work hours. If an employee's child receives
child care services or attends apre-kindergarten regular or special education program, the
employee may use the leave time to attend a conference, or activity related to the
employee's child, or to observe and moiutor the services and program, provided the
conference, activity or observation cannot be scheduled during non-work hours.
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When the need for leave under this section is foreseeable, the employee must provide
reasonable prior notice of the leave to his or her inunediate supervisor and make a
reasonable effort to schedule the leave so as not to unduly disn~pt city business.
Bone Marrow Donation Leave
Employees who work an average of twenty (20) or more hours per week who seek to
undergo a medical procedure to donate bone marrow will be granted up to forty (40) hours
of paid leave. The city may require verification by a physician of the purpose and length of
each leave requested by the employee to donate bone marrow.
National Guard and Reserve Leave
Any officer or employee who is a member of the National Guard or other reserve unit is
entitled to a leave of absence from public office or employment without loss of pay,
seniority status, efficiency rating, vacation leave, sick leave, or other benefits for the time
that s/he is engaged with the reserve in training or active service so long as such leave does
not exceed a total of fifteen (15) days in any calendar year. Such leave will be allowed only
in cases where the required service is satisfactorily performed. Such leave will not be
allowed uirless 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 herein limited for such
leave; or
2. Is prevented from returning to employment 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 herein limited for such leave.
Military Leave for Uniformed Service
Except as provided otherwise in the National Guard and Reserve Leave Policy above,
employees who are members of, apply to perform, or have an obligation to perform service
in a uniformed service will be granted an unpaid leave of absence to perform such service.
Military leave requests shall be made to the immediate supervisor. The term "uniformed
service" means the Armed Forces, the Army National Guard and the Air National Guard
when engaged in active duty, active duty for trainng, initial active duty for training,
inactive duty training, full-time National Guard duty, the commissioned corps of the Public
Health Service, and any other category of persons designated by the President in time of
war or emergency. As soon as an employee is informed of the dates of the military
trainng, s/he should notify his or her supervisor and request a leave of absence, even if
s/he has not yet received written orders.
In the case of an employee whose period of military service is fewer than 31 days, an
employee must report back to his or her job at the first regularly scheduled shift after the
completion of military service and the time required for return from the place of military
service to the place of civilian employment. An employee called to active duty for more
than 30 days, but less than 181 days, must report back to his or her job not more than 14
days after the completion of his or her military service. An employee called to active duty
for more than 180 days must report back to his or her job not more than 90 days after the
completion of his or her nulitary service.
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This policy is not intended to preclude leave with pay as may be provided in the National
Guard and Reserve Leave Policy above.
Jury/Witness Duty Leave
Employees will be allowed a leave of absence pursuant to state statutes without restriction
or sanction when called for jury duty.
• An employee performing jury duty or subpoenaed as a witness in court or
voluntarily serving as a witness on behalf of the city in a case in wluch the city is a
party will receive the difference between kus/her regular rate of pay and the amount
received as juror or witness up to the maximum allowed by state or federal law.
• The employee must notify his/her supervisor and complete a leave of absence form
within 48 hours of receiving call for jury duty.
• An employee excused or released from jury duty during his/her regular work hours
must report to lus/her supervisor immediately thereafter.
• Time spent on jury duty will not count as time worked in computing overtime.
Bereavement Leave
Regular full-time and regular part-time employees working a minimum of 1,040 hours per
year are permitted a paid Bereavement leave when a death occurs in their family.
Bereavement leave is prorated for eligible regular, part-time employees according to the
number of hours worked.
Leave with pay is limited to the following:
Up to five (5) days Husband, wife, mother, father, son, daughter, brother, sister,
stepmother, stepfather, Stepson, Stepdaughter, Stepbrother,
and Stepsister
Up to three (3) days Son-In-Law, daughter-in-law, mother-in-law, father-in-law,
grandparent, or grandchild
One (1) day Aunt, uncle, cousin, niece, nephew, sister-in-law, brother-in-
law, Godchild, grandparents-in-law.
Additional time off for bereavement leave may be granted and charged to vacation leave or
compensatory time, if available. Employees covered by a collective bargaining agreement
shall receive bereavement benefits as stated lll the collective bargaining agreement.
General Leave
The city recognizes that circumstances of a unique personal nature may cause an employee
to seek time off without pay. The city may, at its sole discretion, grant unpaid personal
leaves of absence to employees (General Leave). Approval is required of the employee's
immediate supervisor, the department director and the city administrator before General
Leave will be granted. In no event will General Leave be granted for longer than ninety
(90) days, unless special approval is received from the city administrator.
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Vacation and sick leave will not accn~e during a General Leave. Further, the employee on
General Leave will not be eligible for holiday pay during the leave. The city will not
contribute to the cost of insurance premiums for an employee on General Leave.
Employees are expected to return from General Leave when the reason for the leave
expires. Employees who take a General Leave have no right to reinstatement.
Voting Leave
Employees may take time off work without loss of pay to vote in a regularly scheduled
state primary or general election, an election to fill the vacancy in the office of United
States Senator, United States Representative, State Senator or State Representative, or a
presidential primary. That right is only to be exercised during the moriung of the election.
The city will provide an employee with paid time off to serve as an election judge;
provided that s/hegives at least 20 days advance written notice. The city will reduce the
employee's pay by the amount the employee is paid to serve as an election judge.
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General Benefits
General Benefits
This is a brief description of benefits available to eligible employees. The descriptions
provided are not intended to be comprehensive and all questions regarding eligibility and
benefit levels should be directed to your supervisor so the specific plan documents can be
reviewed. The plan documents govern any inconsistencies between these documents and
the information provided here. Benefits and eligibility requirements are subject to change,
and such changes may not be reflected in this description.
The city expects to offer its benefit plans for the foreseeable future, but it reserves the
right, in its sole discretion, to change, modify or eliminate them at any time, except to the
extent prolubited by law.
Insurance
Various insurance policies, including group medical insurance, may be available for
eligible city employees and their dependents. The eligibility requirements and benefits
provided are specified in materials provided by the respective insurance carriers. The
respective carriers may have different requirements concerning the eligibility of
employees. The requirements of the respective carrier will govern eligibility.
Under some circumstances, eligible employees and their dependents may have the option
of continuing coverage under certain city employee insurance plans for a limited time at
the employee's own expense when coverage would otherwise end. This continuation right
is provided in accordance with the Consolidated Omnibus Budget Reconstruction Act of
1985 (COBRA) and applicable state law. Contact Human Resourcesfor additional
information.
Deferred Compensation
The city provides eligible employees the opportunity to participate in a Deferred
Compensation Plan. This is a voluntary plan that allows employees to place a portion of
their eanungs into apre-tax deferred investment program. Contact Human Resources for
information on this plan.
Flexible Benefit Plan (Section 125)
The city offers a plan in which a portion of an eligible employee's pay can be set aside,
pre-tax, to cover certain estimated healthcare and daycare costs. The contribution is
deducted from gross wages and is reimbursed to the employee upon proof of the medical
or daycare expenses.
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By law, Flex Benefit fields must by expended by year end or they are forfeited. For
additional information on tlus plan, contact Human Resources.
Employee Development /Tuition Reimbursement
The city encourages and recommends lifelong learning for its employees and offers
reimbursement to regular, full-time employees for up to 75% of the tuition paid by the
employee, excluding scholarships and grants up to a maximum reimbursement of $3,000
per year for accredited college or other classes directly related to the employee's position
with the city. To be eligible for reimbursement the following requirements must be met:
1. Prior to class re~istration~ a comaleted Tuition Rein~biusen~ent Rearrest For~rr must
2
4
be signed and on file with Human Resources; and
The class must apply directly to the employee's position or be required to complete
an associate, bachelor's, master's, or doctorate degree in the field in which the
employee works;
The employee must successfiilly complete the class. If letter grades are assigned,
the minimum grade required for reimbursement is a C; and
The reimbursement must be submitted within 60 days of class completion.
Books and other non-tuition fees do not qualify for reimbursement.
All classes must be taken on employee time and time spent on classes is not considered
hours worked. If any portion of the employee's class/development activity is conducted
during regular work hours, the employee must take vacation or compensatory leave, an
unpaid leave of absence, if approved, or arrange for flexible scheduling, if approved by the
department director.
Employee Wellness
In an effort to promote wellness, the city maintains a fitness room equipped with exercise
equipment. Employees are encouraged to use the fitness room. Please read and sign the
policy attached as Exhibit A before using the fitness room.
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General Policies
Smoke & Tobacco Free Policy
In an effort to provide a healthy, comfortable and productive working environment for
employees, residents and visitors, the city provides anon-smoking work environment. All
city facilities andvelucles are smoke and tobacco free. Employees violating the policy may
be subject to disciplinary action.
Appearance and Dress Guidelines
Employee appearance is a direct reflection on the professionalism of city services.
Employees should dress in a manner appropriate to their job and use good judgment when
choosing attire. Clothing must always be clean, neat, and in good repair. Good hygiene is
always expected.
Violation of this Policy may result in discipline up to and including termination.
software, and services used to communicate and supply email, voicemail and Internet data
access. The equipment and services are the property of the city and are intended to be used
for official city business. Employees who intentionally misuse Electronic Communication
Devices may be subject to discipline up to and including termination. Please reference
specific city policies regarding issue eligibility and use of electronic communication
none. t/mptoyees are expectea to answer ana return carts prompuy.
should be made only when absolutely necessary, preferably during scheduled rest breaks
form. Emp
far phone c]
y reimburse the city for personal long distance and
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Data Practices Act and could be classified as public infor
While occasional use of these services for personal, non-business use is acceptable,
employees must demonstrate a sense of responsibility and may not abuse email or
transmission, retrieval or storage of discriminatory, harassing, derogatory or obscene,
defamatory or threatening messages are forbidden. Email shall not be used for chain
ers or for any purpose wluch is illegal, against city policy, or contrary to the city's
'rests.
There is no expectation of privacy with regard to city email or voicemail. The city has the
capability to retrieve mail messages even after deletion. Furthermore, the use of passwords
on the email and voicemail system does not mean that messages stored on those systems
are confidential or may not be retrieved or reviewed by others. The city reserves the right
to review employee email files, messages, and usage at any time and without notice and/or
y not copy, retrieve, modify or forward copyrighted, patented or trademarked materials
:ept as permitted by the owner or as a single copy for reference use only.
access and use is not confidential. The city ha
ie city provides for access to the Internet for a number of key government fiinctions, such
police access to records and public access to public records. To ensure that officers and
public have sufficient bandwidth to access applications, the city has implemented
ndwidth conservation measures, which include blocking websites that have no
>tn~ctional or administrative value. Use of intenlet radio stations for casual listening
24
Travel Expenses
An employee will be reimbursed for actual and necessary expenses incurred when
travelling on official city business only upon approval of such expenses by the City
Council in accordance with the city Travel Policy. To receive reimbursement, promptly
complete the appropriate claim form and submit to the appropriate department director for
consideration and approval.
Keys and Security
Each employee is responsible for securing his/her work area at the end of each day.
Properly secure all confidential files and sensitive information. All keys in your possession
that are for city facilities and/or equipment must be returned to your supervisor upon
termination of employment.
Personal Use and Disposal of City Property
Personal Use
All city property and equipment is publicly owned. City-owned equipment and facilities
are not available for personal use by employees. Personal use of all city vehicles,
machinery, tools, and other equipment is strictly prohibited.
Disposal
As city property becomes obsolete, damaged, or is not needed, it shall be disposed of
through salvage, trade, public auction, bid, or other means.
Disposal by sale or auction requires a public notice be advertised in the official newspaper
and a posting at City Hall and other locations as deemed appropriate. The appropriate
department director will determine the minimum price for each item to be sold.
• City property shall not be given away to anyone, including employees.
• An employee may purchase no more than one motor vehicle from the city or
another political subdivision in any 12-month period.
• Employees involved in the auction or process pertaining to the administration and
collection of sealed bids are prolbited from purchasing city property.
Unauthorized removal of city property or its conversion to personal use may result in
discipline up to and including termination.
Use of City Vehicles
City-owned vehicles may be used only by employees for official city business. Employees
who drive or may be required to drive city vehicles and equipment must maintain a safe
driving record and observe all traffic laws. Seat belts must be properly used at all times.
Drivers must carry a current, valid driver's license that is adequate for the type of vehicle
driven. Operating a city velucle without a valid driver's license will result in disciplinary
action up to and including termination. All employees must abide bythe city's Fleet Safety
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Program including dn~g and alcohol testil7g for all employees who are involved in an
accident while driving a city vehicle.
Passengers may be carried only when necessary to conduct city business and/or when their
transportation via city vehicle is in the best interests of the city. City vehicles may not be
used to travel from work to an employee's residence for rest or lunch breaks without prior
supervisor approval.Employees conducting official business out of town (conventions,
meetings, etc.) may carry family members as passengers if such accompaiument does not
interfere with the best interests of the city and upon approval by the department director.
Resident Complaints
Resident complaints provide an opportunity for feedback and identifying problem areas.
How well complaints are handled determines the level of confidence and respect the public
holds for their municipal government.
When handling a complaint be polite and never argue with the complainant even if s/he is
angry, unreasonable or insulting toward you and the city. Stay calm, cool and collected.
When a complaint is received, complete the following steps:
• Receive and record information pertinent to the complaint.
• Deternune which employee is responsible to investigate and take corrective
action and forward the complaint accordingly.
• Follow-up onto ensure action has been taken to correct the problem.
Emergency Closing
The city strives to provide appropriate services during periods of inclement weather or
other emergencies, as well as to keep its facilities open during normal business hours.
The safety of employees and their dependents is very important and the city aclalowledges
that adverse weather or other emergency conditions (Emergencies) may require employees
to request to be excused from work.
The following Emergency Closing Policy applies to all employees except those employees
in departments that are expected to remain open and on duty during such emergencies.
• In the event of an emergency, the city administrator and/or the Mayor may declare
a State of Emergency. The city administrator will communicate the declaration of a
State of Emergency to all department directors. Directors are responsible for
conul7unicating the State of Emergency to their staff.
• When a State of Emergency is declared, the employee may deternune whether s/he
will remain at work or utilize appropriate leave. If an employee determines that
his/her safety or the safety of his/her dependents may be jeopardized if the
employee reports to work or remains on duty, the employee may request authorized
emergency leave. An employee with authorized emergency leave must utilize
26
vacation or compensatory tune for the tune away from work. If the employee does
not have vacation or compensatory time, the emergency leave will be unpaid.
Employee Participation in the City Fire Department
Employees are allowed and encouraged to participate as a part-time paid firefighter in the
Ells River Fire Department. The following pay provisions, in accordance with state and
federal laws, apply to employees who also work outside of their regular department as
part-time paid firefighters:
Fire Calls During Working Hours
An employee will be allowed to respond to fire calls as approved and determined by
his/her department director, based on the work assignments and responsibilities of the
employee.
Employees responding to fire calls during regular work hours will be compensated at the
same rate as his/her regular city position with no additional firefighter paid compensation.
While on vacation or compensatory time off, or if s/he makes up the time so a full eight
hours of work in his/her regular position are completed on the same day as the fire call,
s/he may receive firefighter pay for the period claimed as vacation, compensatory, or
make-up time.
Fire Calls During Non-Work Hours
Employees will receive their normal firefighter compensation for fire calls and training that
do not occur during the regular work hours of their regular position.
Application of Fair Labor Standards Act (FLSA)
Employees will be paid overtime in accordance with the FLSA and the city Overtime
Policy. Actual time worked will be used for determining overtime payment, with no
consideration to the one hour minimum call out pay provision for firefighter pay. For
example, a false alarm that requires 15 minutes of work will be counted as 15 minutes for
FLSA purposes even though the minimum call out of one hour of pay would apply for
firefighter pay purposes.
By advance mutual agreement, overtime earned for performance of fire department
activities may be paid at one and one-half times the employee's firefighter pay rate.
Employee Participation in the Police Reserves
City employees who are also member of the Ells River Police Reserves and are paid for
their work as a Reserve Officer shall be paid overtime at the Reserve rate when Reserve
work contributes to the FLSA requirement for overtime compensation.
Regular position hours worked as overtime shall be paid at the regular overtime rate.
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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 prolbited.
Candidacy
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 her duties, s/he may be subject to disciplinary action, up to and including
termination.
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Labor Relations
Communication
The city encourages open communication throughout the organization to share information
and ideas, to raise concerns and to provide suggestions for improvement.
To foster connnunication and improve responsiveness, the city employs anadministration /
management structure with a defined span of control that is intended to enhance
accessibility to supervisors, managers and department directors.
Employees shall first direct all communication to their immediate supervisor. Supervisors
shall respond to inquiries, grievances or suggestions in a timely manner.
In the event the employee's suggestions or concerns are not addressed in a timely manner,
or s/he anticipates negative repercussions from communication with the immediate
supervisor, the employee may direct the communication to the immediate supervisor's
supervisor. Concerns and suggestions shall be advanced to each step including department
director, human resources and city administrator in the event that closure did not occur at
the earliest possible level of communication.
Policymakers, including mayor, council members and commissioners frequently solicit
employee feedback to better understand operations, improve policy and to ensure quality
service. Suggestions, grievances and concerns shall only be addressed with policymakers
following the exhaustion of resolution through the management/administration stricture.
Notwithstanding the previous paragraph, shall a disagreement between employee and
supervisor on how to handle a specific issue by itself be a reason to bypass members of the
management structure and bring issues to policymakers.
Retribution by supervisory staff for expression of ideas is not tolerated.
Discipline
The city retains the right to take any disciplinary action believed appropriate. The type of
discipline imposed will be based upon the nature and severity of the infraction and the
conditions surrounding the incident. The city retains the sole discretion to determine what
behavior warrants disciplinary action and what type of disciplinary action will be imposed.
Examples of disciplinary actions include, but are not limited to:
• Oral reprimand; and/or
• Written reprimand; and/or
• Suspension; and/or
• Demotion; and/or
• Termination.
Disciplinary actions can be taken in any order. In some cases, one or more disciplinary
actions will be taken before termination; in other cases, termination will be innnediate.The
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circumstances surrounding the reason for disciplinary action will be reviewed on a case-
by-case basis to deternune the appropriate level of disciplinary action, if any.
While the city strives for consistency, the level of discipline taken in any given case does
not establish a precedent for fiiture similar circumstances.
This policy does not change the fact that employment with the city is at-will, meanng that
an employee and the city have the right to terminate employment at any time and for any
reason, with or without cause or notice.
Grievance Procedure
Airy dispute between an employee and the city relative to the application, meaning or
interpretation of personnel policies will be settled in the following manner:
Step 1
The employee must present the grievance in writing, stating the nature of the grievance, the
facts in which it is based, the provision(s) of the personnel policy allegedly violated and
the remedy requested, to the immediate supervisor within twenty-one (21) days after the
alleged violation or dispute has occurred. The immediate supervisor will respond to the
employee in writing within seven (7) calendar days.
Step 2
If the grievance is not settled in accordance with Step 1, it must be presented in writing,
stating the nature of the grievance, the facts in which it is based, the provision(s) of the
personnel policy allegedly violated and the remedy requested, to the department director
within seven (7) days after the due date of the supervisor's response. The department
director will respond to the employee in writing within seven (7) calendar days.
Step 3
If the grievance is not settled in accordance with Step 2, it must be presented in writing,
stating the nature of the grievance, the facts in which it is based, the provision(s) of the
persoiulel policy allegedly violated and the remedy requested, to the city administrator
within seven (7) days after the due date of the department director's response. The city
administrator or lus/her designee will respond to the employee in writing within seven (7)
calendar days. The decision of the city administrator is final.
Waiver
If a grievance is not presented within the time limits set forth above, it will be considered
"waived." If a grievance is not appealed to the next step in the specified time limit or any
agreed extension thereof, it will be considered settled on the basis of the city's last answer.
If the city does not answer a grievance or an appeal within the specified time limits, the
employee may elect to treat the grievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by mutual
agreement of the city and employee without prejudice to either party.
The following actions are not grievable:
1. Performance evaluations
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2. Pay increases or lack thereof
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Safety
The city seeks to ensure the personal safety of employees and to prevent occupationally
induced injuries and illnesses. To the greatest degree possible, management seeks to
maintain a safe and hazard-free work environment.
It is the policy of the City Council to provide employees with safe working conditions
through the following means:
1. A Safety Committee consisting of employees and management representing each
department and employee group is charged with creating and maintaining a safety
program in compliance with all applicable federal, state and local laws.
2. The Committee or sub-conunittee reviews occupational illness and injury, and
incidents that result in damage to city property, and strives to take action to ensure
that unsafe work methods, unsafe work sites, and unsafe equipment are identified
and made safe.
3. All employees are required to fully comply with the Safety Program as
adnunistered by the Safety Committee.
4. Department directors, management and supervisory employees are responsible for
implementing the Safety Program by training their employees in safe work methods
and by enforcing compliance with safety standards set by the Safety Committee.
5. Department directors are responsible for providing all employees with the safety
equipment and safety clothing that is necessary for employees to perform their
duties in a safe maiuler.
New employees should receive a copy of the City of EIk Rives Employee Safety Man7zal on
their first day of employment. Employees are required to read the manual carefiilly and
discuss areas of concern with their supervisor. Employees are required to develop safe
work habits and to contribute to the safety of themselves and co-workers.
To be successful, the safety program must be the shared responsibility of all employees.
Employees are required to:
1. Immediately report to their supervisor all unsafe equipment, practices or procedures
that pose a threat to the safety of employees or others;
2. Cooperate with and assist in the investigation of accidents to identify the causes
and to prevent recurrence;
3. Be active in department and city safety programs;
4. Observe and promote safe work habits; and
5. Report injuries to supervisor immediately.
Employees who do not follow and abide by the city's safety policies will be subject to
discipline up to and including termination.
Safety Equipment Reimbursement
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The city reimburses employees for certain foot and eye protection required by the city
safety policy. Employees required to wear protective footwear may be reimbursed based
on the Foot Protection Policy attached as Exhibit C. Employees required to wear eye
protection may be reimbursed based on the Prescription Safety Eyewear Policy attached as
Exhibit D.
Incident Reporting
Employees are required to report accidents resulting in personal injuries and/or vehicle,
equipment, or property damage to their supervisor immediately.
• Employees shall immediately report all accidents and injuries occurring within the
course of employment to their supervisor and complete an Employee hlcident
Report. The supervisor shall submit a Supervisor's Report of Injury Form to Human
Resourceswithin twenty-four (24) hours of the injury.
• Employees shall immediately report all damage to city propertyto their supervisor.
The supervisor shall submit documentation regarding the incident to the Finance
Department within twenty-four (24) hours of the time of the damage or accident. A
copy of the Minnesota Motor Vehicle Accident Report must be submitted for all
vehicle accidents.
Further details on this policy and a complete summary of responsibilities and procedures
are available from the Safety Coordinator.
Workers' Compensation
An employee temporarily unable to work due to an injury or illness sustained in the
performance of theircity work may be eligible for Workers' Compensation subject to the
provisions of the State of Minnesota Workers' Compensation Law.
An employee who becomes eligible to receive Workers' Compensation will retain the total
amount of the Workers' Compensation check and may receive the difference between their
Workers' Compensation payment and the employee's regular gross salary through the use
of accrued sick leave. If accrued sick leave is not available, vacation or compensatory time
may be used. The total of the Workers' Compensation check and the accrued leave
compensation may not exceed the employee's normal gross pay.
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Conduct
Ethics of Public Employment
The City of Ells River finds that it is in the public interest and general welfare of the city
and its residents that a statement of ethics is established for all city employees.
Employees shall not use their official position for personal gain, engage in any business or
transaction or have a financial interest, direct or indirect, which is in conflict with the
proper performance of their official duties.
Accepting Gifts
Employees shall not accept, either directly or indirectly, any money, property, gift,
gratuity, reward, loan, fee, discount, or special consideration or special accommodation
arising from or offered because of their employment or any activity connected with their
employment with the city.
Employee Endorsements
No employee shall, in any manner or form, endorse, recommend, or advertise a product or
service by using the city's name or the employee's name and/or title.
Conflict of Interest
The credibility of local govermnent rests heavily upon the confidence that residents have in
public officials and employees to render fair and impartial services to all without regard to
personal interest and/or political influence. Thus, city officials and employees must
scrupulously avoid any activities that suggest a conflict of interest between their private
interests and city responsibilities. The city has adopted a Conflict of Interest Ordinance
that addresses these issues. Employees and officials are required to follow all applicable
laws related to conflicts of interest, including the city's Conflict of Interest Ordinance that
is attached as Exhibit E.
Harassment
All employees have a right to work in an environment free from discrimination and
intimidation, including harassment. The mission of the city is best accomplished in an
atmosphere of professionalism that in turn is supported by mutual respect and tn~st. The
city expects all employees to work toward this goal.
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Harassment based on a person's race, color, creed, religion, national origin, sex, sexual
orientation, disability, age, marital status, status with regard to public assistance, veteran
status or any other protected class status may be unlawful and is strictly prohibited.
Definitions of Sexual and Other Forms of Harassment
Harassment consists of unwelcome conduct based on a person's race, color, creed, religion,
national origin, sex, sexual orientation, disability, age, marital status, status with regard to
public assistance, veteran status, or any other protected class status that is interfering with
your job performance; or creating an intimidating, hostile, or offensive work environment;
or when submission to such conduct is:
• a condition of employment; or
• a basis for an employment decision affecting your job.
The city prohibits harassment in any form, including verbal, physical, and visual
harassment.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other verbal or physical conduct or commuiucation
of a sexual nature that is interfering with your job performance; or creating an intimidating,
hostile, or offensive work environment; or when submission to such conduct is:
• a condition of employment; or
• a basis for an employment decision affecting your job.
The city prohibits sexual harassment in any form, including verbal, physical, and visual
harassment. Some examples of conduct that may be sexual harassment under this policy
include:
• Use of offensive or demeaning terms which have sexual coiulotations;
• telling suggestive jokes or stories and conversations about sexual exploits, sexual
preferences, and desires;
• jokes, cartoons, pictures, objects or stories which have a sexual content;
• threats, demands or suggestions that an employee's work status, advancement or
other terms and conditions of employment are contingent upon the employee's
toleration of or acquiescence to unwelcome sexual advances;
• repeated, unwelcome sexual flirtations, propositions, or invitations to social
engagements; or
• unwelcome and objectionable physical contact or physical proximity.
Scope of Policy
This policy prohibits same sex harassment and harassment by members of the opposite
sex.In addition, this policy prohibits sexl~al harassment and any other form of harassment
by any individual, including managers and supervisors, employees, co-workers, and third
parties such as clients, elected officials, consultants, contractors or vendors who interact
with employees.
Reporting Harassment
If at any time you feel you are being harassed, you should immediately contact:
• your supervisor; and/or
• a department director; and/or
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• Human Resources; and/or
• the city administrator
The city wants to resolve any problems, but it can do so only if it is aware of them. The
city encourages anyone who believes s/he is being harassed to immediately report all
incidents of perceived harassment.
Your report may be verbal or written; in either case, it is important that you state that your
report is being made under this harassment policy, or that it concerns harassment. You may
choose to whom you make the report; that choice, however, must be made from the list of
individuals named above.
The city will promptly investigate harassment complaints as appropriate, and take other
appropriate action. Any person who is found to have committed prohibited harassment will
be subject to corrective action up to and including termination.
Confidentiality
Every effort will be made to protect the confidentiality of information the city receives
pursuant to this policy to the extent possible and to the extent pernutted by law.
No Retaliation
Retaliation against any individual for making a complaint under this policy, for opposing
harassment, or for participating in an investigation of any claim regarding harassment or
inappropriate behavior is strictly prohibited. If you feel that you have experienced such
retaliation, you should follow the Reporting Procedure outlined above.
Questions About Polio
Any questions about this policy or a related matter, should be referred to the city
administrator or Human Resources.
Workplace Violence
The City of Ell{ River seeks to provide a safe and secure workplace environment for
employees, volunteers, vendors, and citizens. Violence, or the threat of violence, has no
place on city premises.
The city is committed to preventing the potential for violence in and around the workplace
and to fostering a work environment of respect and positive conflict resolution.
Many employees may be exposed to violence by the nature of their jobs. Violence or the
threat of violence by or against any employee or other person while on city premises is
strictly prohibited and may subject the individual to serious disciplinary action and/or
criminal charges.
Possession, use, or threat of use of an object that could be considered a dangerous weapon,
including all firearms, is prohibited on city premises, including city vehicles, unless such
possession or use is an approved requirement of the city job.
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The city strives to provide a workplace environment in which all its officials and
employees treat each other, their customers, clients, and all others with courtesy, digiuty,
and respect.
Drug and Alcohol Policy
Because the city has contracts with the federal govermnental agencies, it is subject to the
Drug-Free Workplace Act. The Act places certain requirements on employers regarding
maintaining adrug-free workplace. According to the Act, the city is required to give all
employees the following notification:
The unlawful manufacture, distribution, dispensation, possession, or use of
any controlled substance is prohibited on city property. Employees violating
this prohibition may be subject to disciplinary action including, but not
limited to, suspension or termination.
"Controlled substances" include, but are not limited to, opiates, hallucinogenic substances,
depressants, stimulants, and narcotics. The sale of alcohol that is part of an employee's job
duty is an exception to this policy. The Drug-Free Workplace Act prohibits only zr~la~~ fzil
use, possession, or distribution of such dnigs in the workplace, and not the lawful use of
prescription medications.
As a condition of continued employment at the city, all employees must:
1. Abide by the terms of this statement; and
2. Notify the employee's supervisor, Human Resources, or city adnnistrator of any
criminal drug statute conviction arising out of a violation occurring on city property
no later than five days after the conviction.
The city retains the right, at its discretion, to report employee conduct violating this policy
to law enforcement officials and to turn over any controlled substances to the custody of
law enforcement officials.
Employees who are taking prescribed dn~gs or over-the-counter dn~gs that may affect the
safety of others must obtain a determination from their physician as to whether the drug
could affect the job safety of the employee or others. In the event that job safety may be
affected, the employee must inform his or her immediate supervisor so that appropriate
accommodations and arrangements can be made.
It is the city's continued policy to maintain adrug-free workplace. If you have questions
about this policy, its implementation, or its application to you, please contact the city
administrator or Human Resources.
The city's Employee Dnig and Alcohol Policy for Drivers of Commercial Vehicles is
attached as ExhibitF.
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Personnel Policy Manual
Receipt andAcknowledgement
By signing this receipt, I aclc~7owledge that I have received a copy of the City of Ells
River's Personnel Policy Manual I agree to abide by the n~les, regulations, and policies
contained therein, or hereafter added. I understand that the Policy Manual may be amended
at any time, with or without notice.
Finally, I understand that the Policy Manual does not create a contract of any type between
the city and me. I understand that tulles provided otherwise by statute or applicable
collective bargaining agreement, my employment with the city is at-will, meaning that I
have the right to terminate my employment at any time, with or without cause or notice,
and that the city has the same right.
Date
Print or Type Name
Signature
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