4.12 SR 12-20-1999
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Item #4.12.
MEMORANDUM
TO: Mayor & City Council
FROM:
Lori Johnson, Finance Director
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DATE:
December 20, 1999
SUBJECT: Amend Section of Personnel Ordinance
and Consider Adoption of Personnel
Policy Manual
Earlier this month staff presented a draft Personnel Policy Manual for council
consideration. Mter discussion, the council recommended that staff proceed
with finalizing the policy with no changes and preparing the ordinance
revisions necessary to adopt the new policy.
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Unfortunately, the documents are not available to be included in the packet at
this time; however, the content of the final document has not changed from the
proposed policy that the council approved earlier. Both the ordinance
amendment and the final personnel policy manual will be distributed to the
council on Monday evening. If the councilmembers would like to review the
documents again prior to adoption, this iteml may be delayed until January 10.
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Action Reauested I
The council is asked to consider the ordinange amendment and Personnel
Policy Manual as presented. I
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · rrDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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CITY OF ELK RIVER
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PERSONNEL POLICY MANUAL
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TABLE OF CONTENTS
INTRODUCTION .............................................................................................................1
EMPLOyMENT............................................................................................................. 2
EQUAL El\1PLO~NT OPPORTUNITy.................. ........................... ......................... ......... 2
DEFINITIONS OF EMPLO~NT STATUS.. .................. ..... ........ ........... .......... ......... ...... .....2
ORIENTATION PERIOD.......................................................................................................... 2
COl\1PENSATION ..................... .......................... .............. ....... ........ .........................................3
WORK WEEK.... .................... ............ .... ........... ............. ..... ..... ..... ............. ........... ......... ..... .......3
P A YDA YS ................................................................................................................................. 4
OVERTIME AND COl\1PENSATORY TIME FOR NON-EXEl\1PT EMPLOYEES .................4
TIME OFF FOR EXEMPT EMPLOYEES .... ................... ............. ....... ................................ ...... 5
REPORT OF PERSONNEL CHAN"GES ......... ........................... ............. ...................................5
GOVERNMENT DATA PRACTICES ACT ........ ...... ..................... ...................................... .....6
PERFORMANCE APPRAISALS ...............................................................................................6
ATTENDANCE .........................................................................................................................6
REST BREAK/MEAL BREAK. ........ ........ ....... ..........................................................................7
El\1PLO~NT OF RELATIVES................ .............. ....................................................... ........7
SUPPLEMENTAL EMPLO~NT .... ............. ......................................................................... 7
. SEPARATION FROM EMPLOYMENT ......................................................... 9
RESIGNATION.... .... ....... ........... ................. ....... ...... ......... ... ...... ........ .......... ..... ..... .............. .....9
RETIREMENT ...........................................................................................................................9
LAYOFFS .................................................................................................................................. 9
SEVERANCE PAy.................................................................................................................... 9
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LEAVE BENEFITS........................... ............. ............................................................. 11
VACATION........................... ........................ ................ .......................................................... 11
SICK LEAVE..... ............. ..... ..................... ........... ................................. ................................... 12
HOLIDAyS.................. ......... ......................... .............. ...... ...................................................... 13
LEAVES OF AB SENCE .......................................................................................................... 14
Family and Medical Leave Policy..................... ............. ........ ..................................................... 14
Sick or Injured Child Care Leave Policy.................................................................................... 15
School Activities Leave............................................................................................................. 15
Bone Marrow Donation Leave. .............. ............. ................................. ................................. .... 16
National Guard and Reserve Leave............................ ........... ..................................................... 16
Military Leave for Uniformed Service........................................................................................ 16
Jury/Witness Duty Leave........................................................................................................... 17
Bereavement Leave................................................................................................................... 17
General Leave........................................................................................................................... 18
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GENERAL BENEFITS.... ..................... ................... ................................................. 19
GENERAL BENEFIT S ............................................................................................................ 19
INSURAN"CES ......... ..... .................. .............. .... .... ......... ...................... ...... .......... .................... 19
DEFERRED COMPENSATION.... ..................................... ..... ................................................ 19
FLEXIBLE BENEFITS PLAN (Section 125) .......... ......... ........................................................ 19
EMPLOYEE DEVELOPMENT/TUITION REIMBURSEMENT......... ....................................20
GENERAL POLICIES......................................... ........ ...... ....................................... 21
SMOKE & TOBACCO FREE POLICy..... .............................................................................. 21
APPEARANCE AND DRESS GUIDELINES..................... .....................................................21
TELEPHONE USE..... ....... .............. ...... .......... .... ..... ... ...... .............................................. .... .....21
E-MAIL/INTERNET USE....... ................... .................... .................... ......... .............................22
GUIDELINES APPLICABLE TO ALL E-MAIL AND VOICE-MAIL USAGE....................... 22
GUIDELINES APPLICABLE TO THE USE OF INTERNET E-MAIL AND
WORLD WIDE WEB ACCESS........................... ................................. ..............................23
TRAVEL EXPENSES ......................... ........ ........ ........... .......................................................... 24
KEYS AND SECURITy.......... ............................. ......... ......... .................................................24
PERSONAL USE AND DISPOSAL OF CITY PROPERTy.................................................... 24
USE OF CITY VEHICLES.......... ............... ................... ....................... ...................................25
HANDLING CITIZENS' COMPLAINTS................................................................................ 25
EMERGENCY CLOSING POLICy..................................... .................................................... 26
EMPLOYEE PARTICIPATION IN CITY FIRE DEPARTMENT........................................... 26
POLITICAL ACTIVITy.......... .......... ...................................................................................... 27
CANDIDACy.............. ......... ............ ................................... ....................................................27
LABOR RELATIONS .......................... ......................................... ....... .....................28
DISCIPLINE....................................................... .................. ...................................................28
SAFETy................... ...... ................................. ............................................................ .......29
SAFETy.......... ...... ...... .................................. ... ... ..... ............................................... ........ ..... ....29
SAFETY EQUIPMENT REIMBURSEMENT POLICy........................................................... 30
INCIDENT REPORTING....... .................. ........... ................. ...................................................30
WORKERS' COMPENSATION............. ................................................................................. 30
CONDUCT..................................................................... ..................................................32
ETHICS OF PlJBLIC EMPLOYMENT........... .................... .................... ............ ...... ...............32
ACCEPTING GIFTS ............. .............. ..................................................................................... 32
EMPLOYEE ENDORSEMENTS............................................................................................. 32
CONFLICT OF INTEREST ........... ...................... .... ...................................... .............. ............32
HARASSMENT.................... ................................................................................................... 32
Purpose of Policy ...... .................................................................. ..............................................32
Definitions of Sexual and Other Forms of Harassment ...............................................................33
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Scope of Policy......................................................................................................................... 34
Reporting Harassment..... ........... ..................................... ............................................. .............34
Confidentiality.................................................................................................................. .........34
No Retaliation........................................................................................................................... 35
Questions About Policy. .......... ........................ .......... .......... ........................................... ...........35
WORKPLACE VIOLENCE .....................................................................................................35
DRUG AND ALCOHOL POLICy............... ............................................................................ 35
PERSONNEL POLICY MANUAL RECEIPT AND ACKNOWLEDGMENT .........................37
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INTRODUCTION
This policy manual contains personnel policies and procedures for City of Elk River (the "City")
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 from day to day.
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 his 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.
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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 he/she has been discriminated against should contact the City
Administrator or Finance Director.
DEFINITIONS OF EMPLOYMENT STATUS
Full- Time Employee:
An employee who is regularly scheduled to work
approximately 2080 hours per year.
Part- Time Employee:
An employee who is regularly scheduled to work less than
2080 hours per year and who generally works twelve
months per year.
Orientation Period Employee:
An employee in his or her Orientation Period, as described
below.
Regular Employee:
An employee who has completed his or her Orientation
Period, as described below.
Seasonal Employee:
An employee who works in a position that is seasonal in
nature; less than twelve months per year. The employee
may work more than one hundred twenty (120) days in any
consecutive twelve (12) month period.
Temporary Employee:
An employee scheduled to work fewer than 120 days in any
consecutive twelve month period.
ORIENTATION PERIOD
The City of Elk River regards the Orientation Period as an integral part of the employment
process. During the Orientation Period, the City and the new employee should consider whether
the employment situation appears to be satisfactory.
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The Orientation Period consists of the first six (6) months of employment. During the Orientation
Period, the City will observe the employee's work to determine whether the employee
demonstrates that he/she is qualified for the position to which he/she has been appointed.
Performance, skills, ability, and other factors observed and demonstrated during the Orientation
Period are evaluated by the employee's supervisor in order to determine whether the employee
will be retained by the City. As during employees' regular employment, employment during the
orientation period is at-will, meaning 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 twelve (12) months.
Upon satisfactory completion of the Orientation Period, the employee will become a regular
employee. This does not mean that the employee's employment will become 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 in the City must also successfully complete a
six (6) month Orientation Period. If an employee appointed to a new position is found to be
unsuited for that position, the City, at its sole discretion, may reinstate the employee to his/her
former position and former rate of pay if the City determines that such reinstatement is possible.
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 Pay Resolution and Compensation Plan
approved by the City Council. The City will develop and maintain a pay 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 for employees will be established by the appropriate department head 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 offive consecutive workdays, Monday through Friday.
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Flex-time arrangements must be approved by the department head and City Administrator. The
department head or City Administrator may deny requests for flex-time at their sole discretion.
At no time should flex-time arrangements negatively affect service levels to the public.
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 within the
department.
PAYDAYS
Employees will be paid biweekly on alternate Fridays. When Friday is a holiday, paychecks
generally will be distributed before 4:30 p.m. the preceding Thursday. When Thursday and Friday
are holidays, paychecks generally will be distributed before 4:30 p.m. on Wednesday. Direct
deposit transactions will be adjusted according to bank holiday schedules.
Timesheets must be received by the Finance Department by noon on Monday of payroll week for
payment on Friday. Timesheets submitted after the deadline will not be paid until the following
payroll week.
OVERTIME AND COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES
All employees, in all departments, may be required to work overtime as requested by their
supervisor. Refusal to work overtime when 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 governing accrual and use of overtime.
Only employees to whom the overtime provisions of the State and/or Federal Fair Labor
Standards Act apply are required to be compensated for overtime work. The City Administrator
will determine whether each employee is "exempt" or "non-exempt" from earning overtime. In
general, employees in executive, administrative, and professional job classes as defined by the Fair
Labor Standards Act are exempt; all others are non-exempt.
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 activities or law enforcement activities may be paid
overtime based on the 7(k) exemption as defined by the Fair Labor Standards Act (29 U.S.C.
~ 207(k)).
Vacation and sick 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.
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Overtime compensation will be paid for overtime hours, unless the employee and department head
mutually agree in advance of performance of the work that the overtime will be banked as
compensatory time in lieu of receipt of overtime compensation. Employees may request and use
compensatory time off in the same manner as other leave requests. Non-exempt employees who
have requested the use of accrued compensatory time will be permitted to use the compensatory
time within a reasonable period after making the request, if the use of the compensatory time does
not unduly disrupt the operations of the City. All compensatory time must be marked as such on
official timesheets, both when it is earned and when it is taken. Overtime hours not specified as
compensatory time will be paid with overtime compensation. The Finance Department maintains
compensatory time records.
An employee whose activities include public safety, emergency response or seasonal work may
accumulate up to 480 hours of unused compensatory time in a "bank." All other employees may
accumulate up to 240 hours of unused compensatory time in a "bank." In any event, no employee
may carry over more than forty (40) hours of compensatory time in a bank from one calendar year
to the next. Any non-exempt employee who has accumulated more hours of compensatory time
than he or she is permitted to bank will be paid overtime compensation for all overtime hours of
work in excess of the amount permitted to be banked. Upon termination of employment, non-
exempt employees will be paid for all accrued but unused compensatory time.
TIME OFF FOR EXEMPT EMPLOYEES
Exempt employees are exempt from the overtime requirements of the Fair Labor Standards Act
and are expected to work whatever hours are necessary in order to meet the performance
expectations outlined by their supervisors, the City Administrator and/or the City Council.
Exempt employees are often required and expected to work in excess of forty (40) hours per
week. Exempt employees must record all time worked on official timesheets. Exempt employees
may take no more than four (4) hours of compensatory time off in one day. Exempt employees
shall not be paid for compensatory time under any circumstance.
REPORT OF PERSONNEL CHANGES
The City attempts to maintain complete and accurate personnel information on its employees.
The City complies will laws regarding data privacy.
It is important that your permanent personnel records are kept accurate and up-to-date. You
must immediately notify the payroll department 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
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It is each employee's responsibility to notifY the payroll department of changes.
GOVERNMENT DATA PRACTICES ACT
Numerous types of data are categorized as private, non-public, or confidential under the
Minnesota Government Data Practices Act. In many circumstances, data may not be disclosed
except with authorization of the subject of the data or pursuant to court order. To ensure that the
Minnesota Government Data Practices Act is not violated, employees are strictly prohibited from
disclosing to a third party, within or outside the City, any personnel data, 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. Pursuant to the Minnesota Government
Data Practices Act, the City Council appointed the City Administrator as the responsible authority
to administer the requirements for collection, storage, use, and dissemination of data on
individuals within the City. 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 an
individual's 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 communication between employees at all levels,
including feedback from subordinates to supervisors~ and
· Assist in determination 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 head normally will conduct a performance appraisal on an annual basis,
and may conduct performance appraisals more frequently if prescribed by the City Administrator
or the employee's department head. The performance appraisal usually will be in writing and
must be signed by the employee and supervisor.
ATTENDANCE
Every City employee has an important role to play in maintaining a productive workplace.
Therefore, it is essential that all employees report to work as scheduled every day. Unsatisfactory
attendance, including reporting late to work and leaving work early, may result in disciplinary
action up to and including discharge.
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If an employee must be absent from work for any reason, other than approved time off, the
employee must notify his/her immediate supervisor at least thirty (30) minutes prior to the start of
his/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.
RESTBREA~EALBREAK
Non-exempt full-time employees are given 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
will be given a paid rest break not to exceed fifteen (15) minutes during a work period of four
hours.
All employees scheduled to work six or more hours per shift are required to take a half-hour,
unpaid meal break.
Rest breaks cannot exceed fifteen minutes, including the time required to get to and from a rest
break area.
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
The City of Elk River does not restrict employment of more than one member of a family or
persons related by blood or marriage, but does not show favoritism toward hiring relatives of
employees.
To avoid a conflict of interest, no City employee may take part in decisions to hire, fire, retain,
promote, or determine the salary of his/her spouse, family member, or any other relative by blood
or marriage.
In addition, no City employee may be assigned responsibility for supervising and directing the
work of his/her spouse, family member, or any other relative by blood or marriage.
SUPPLEMENTAL EMPLOYMENT
The City of Elk River does not restrict employees from engag10g 10 outside employment.
However, the City expects regular full-time employees to consider City work their primary
employment. No City employee may engage in outside employment that interferes with the
performance of his/her duties with the City, that represents a conflict of interest, or that may
influence or bias an employee's job related decision making ability. The City will not change an
employee's work hours to facilitate the scheduling of any outside employment. If a supervisor
believes an employee's outside employment is detrimental to the City and his/her position, the
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employee may be asked to discontinue the outside employment. If an employee is asked to
discontinue outside employment and fails to do so, he/she may be subject to discipline up to and
including termination.
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SEPARATION FROM EMPLOYMENT
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RESIGNATION
Employees resigning their employment with the City are asked to give proper written notice in
advance of their resignation. In order to give proper written notice of resignation, an employee
resigning his/her employment with the City must submit a written resignation to his/her 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.
An employee who resigns his/her employment with the City after giving proper written notice as
provided above will be compensated for any unused vacation time the employee was eligible to
use during that year. (Vacation time the employee was accruing during the year in which the
resignation occurred, but which was not yet eligible for use, will not be paid at termination.) If
eligible, the employee may also be compensated for a portion of banked sick leave as stated in the
Severance Pay Section of this policy manual. Failure to comply with this notice procedure may be
considered reason for denying an employee future employment with the City.
An unauthorized absence from work for a period of three (3) working days or more may be
considered a resignation without proper notice.
Non-exempt employees will be compensated for any accrued but unused compensatory time as of
the date of separation.
RETIREMENT
Employees who retire from employment with the City may be eligible for retirement programs as
provided by state or federal law.
LAYOFFS
The City Administrator has the authority to lay-off any employee when such action becomes
necessary as determined in the City's sole discretion. The City will attempt to provide employees
with ten (10) working days notice prior to a lay-off
SEVERANCE PAY
An employee resigning his/her employment with the City is eligible for a cash payment for unused
sick leave in an amount equal to fifteen percent (15%) of his/her sick leave balance, up to a
maximum of payment for one hundred forty four (144) hours, if the following conditions are met:
1. The employee must resign in good standing (not terminated by the City)
2.
The employee must provide proper written notice of his/her resignation
(see Resignation Policy above);
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3.
The employee must have worked for the City for at least two (2)
consecutive years; and
4. The employee must execute a release of claims.
F or example, if an employee satisfies the above conditions, has accumulated 1000 hours of sick
leave and makes $10.00 per hour, the employee will receive severance pay as follows:
1000 hours x 15% = 150 hours
Maximum hours eligible for severance pay = 144 hours
144 hours x $1O.00/hour = $1,440 severance pay
Any accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible for payment
under this policy (960 x 15% = 144). Employees may, however, continue to accumulate sick
leave in excess of nine hundred sixty (960) hours as a form of income protection in the event of
unexpected long-term illnesses during their employment.
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LEAVE BENEFITS
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VACATION
Paid vacation leave is provided for regular full-time and eligible part-time employees. Regular
part-time employees who work a minimum of 1040 hours per year accrue paid vacation on a pro-
rata basis according to the number of hours worked. Regular part-time employees working less
than 1040 hours per year are not eligible for vacation benefits. Temporary and seasonal
employees are not eligible for vacation benefits.
Vacation leave is accrued based on consecutive years of full-time service. Employees accrue
vacation leave at the following rates:
Length of Service
From start of employment through
completion of the fifth year
Beginning of the sixth year through
completion of the seventh year
Beginning of the eighth year through
completion of the ninth year
Beginning of the tenth year through
completion of the eleventh year
Beginning of the twelfth year through
completion of the thirteenth year
Beginning of the fourteenth year through
completion of the fifteenth year
Beginning of the sixteenth year through
completion of the seventeenth year
Beginning of the eighteenth year
Beginning of the nineteenth year
Beginning of the twentieth year
Beginning of the twenty first year
Beginning of the twenty second year and
thereafter
Accrual Rate
88 working hours per year
112 working hours per year
120 working hours per year
128 working hours per year
136 working hours per year
144 working hours per year
152 working hours per year
160 working hours per year
168 working hours per year
176 working hours per year
184 working hours per year
192 working hours per year
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Employees must receive department head 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 at the time requested by the
employee, but reserves the right to deny or approve vacation schedules.
Regular full-time and regular part-time employees may carry forward from one year to the next
unused vacation time up to an amount equal to the total number of vacation days eligible for use
during the previous year.
Unused vacation time will not be paid out in wages upon termination of employment, except as
provided in the Resignation Policy above.
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:
. Personal illness or injury;
. To attend medical and dental appointments;
. To care for sick dependents;
· To take dependents to medical and dental appointments.
Paid sick leave is provided for regular full-time and eligible part-time employees. Regular full-
time employees accrue sick leave at a rate of eight (8) working hours for each calendar month.
Regular part-time employees who work a minimum of 1040 hours per year accrue paid sick leave
on a pro-rata basis according to the number of hours worked. Regular part-time employees
working less than 1040 hours per year are not eligible for sick leave. 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.
An employee must notify his/her immediate supervisor at least thirty (30) minutes before the start
of his/her regular start time if the employee intends to be absent from work. If an emergency
prevents the employee from notifying his/her immediate supervisor at such time, the employee
must call his/her immediate supervisor as soon as possible during the workday. The employee is
required to keep his/her immediate supervisor informed of his/her 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 by the employee's immediate supervisor, department head, or the City
Administrator. In some circumstances, an employee may be requested to submit to a medical
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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.
Unused sick leave will not be paid out in wages upon termination of employment, except as
provided in the Severance Pay section of this Policy Manual.
HOLIDAYS
The following holidays are observed by the City:
. New Year's Day (January 1)
. Martin Luther King's Birthday (third Monday in January)
. President's Day (third Monday in February)
· Memorial Day (last Monday in May)
· Independence Day (July 4)
. Labor Day (first Monday in September)
. Veteran's Day (November 11)
. Thanksgiving Day (fourth Thursday in November)
. Friday After Thanksgiving
. Christmas Eve (December 24)
. Christmas Day (December 25)
Regular full-time employees are eligible to receive pay for these holidays.
Regular part-time employees who work a minimum of 1040 hours per year 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. Regular part-time employees working less than
1040 hours per year are not eligible for holiday pay. Temporary and seasonal employees are not
eligible for holiday pay.
Generally, for employees working a Monday through Friday workweek, holidays occurring on
Saturday will be observed the preceding Friday and holidays occurring on Sunday will be
observed on the following Monday. When Christmas Eve Day falls on a Saturday or Sunday, or
when Christmas Day falls on a Saturday, the City may designate one of these holidays as a
floating holiday to be taken at another time as approved by the employee's supervisor. When
applicable, special notice will be issued regarding such holiday changes.
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.
Non-exempt employees required to work on a recognized holiday will be paid in accordance with
the Holiday Pay provisions of the most recently adopted Pay Resolution. If the Pay Resolution
does not specifically address the affected non-exempt employee or group of employees required
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to work, pay shall be at one and one-half times the regular base rate for all hours worked on the
holiday, in addition to holiday pay.
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. The employee will not receive holiday pay for
working on a holiday that the store is open, except for Christmas Eve Day. Liquor 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;
· The Saturday before Memorial Day;
· The Friday before Independence Day if Independence Day falls on Saturday
and the Saturday before Independence Day if Independence Day falls on
Sunday;
· The Saturday before Labor Day;
· Christmas Eve Day.
LEAVES OF ABSENCE
The City of Elk River (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
absence are available from the Finance Department. When possible, advance notice of a leave
should be provided to an employee's Department Head so work schedules can be adjusted
accordingly.
Familv and Medical Leave Policv
Eligible employees of the City are entitled under the Family and Medical Leave Act ("FMLA") to
take up to twelve weeks unpaid leave during any twelve month period for the birth, adoption or
foster care placement of a child; to care for a child, disabled adult son or daughter, spouse, or
parent with a serious health condition; or because of the employee's own serious health condition.
Employees returning from FMLA Leave will be able to return, at the discretion of management,
either to the previous position or an equivalent one. The employee on FMLA Leave will not be
eligible for reinstatement, however, ifhe or she 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 at the City for at least
twelve months and have worked at least 1250 hours at the City in the twelve months preceding
the Leave.
The twelve weeks ofleave 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.
Ifleave 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.
IfFMLA 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 twelve 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.
If you have questions about your leave entitlements, please contact the Finance Director.
Sick or Iniured Child Care Leave Policv
Employees who have worked at least one-halftime during the twelve 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 Policv
Employees who have worked at least one-half time during the proceeding twelve 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 child, provided the conferences or classroom
activities cannot be scheduled during non-work hours. Ifan employee's child receives child care
services or attends a pre-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
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and monitor the services and program, provided the conference, activity or observation cannot be
scheduled during non-work hours.
When the need for leave under this section is foreseeable, the employee must provide reasonable
prior notice of the leave to his or her immediate supervisor and make a reasonable effort to
schedule the leave so as not to unduly disrupt 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 of the City 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 he/she 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 military or naval service is satisfactorily performed. Such leave will not be allowed
unless the officer or employee:
· 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
· Is prevented from returning to City employment by physical or mental disability
or other cause not due to the officer's or employee's own fault; or
· 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 training, 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
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employee is informed of the dates of the military training, he or she should notify his or her
supervisor and request a leave of absence, even if he or she has not yet received written orders.
In the case of an employee whose period of military service is less 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 military service.
This Policy is not intended to preclude leave with pay as may be provided in the National Guard
and Reserve Leave Policy above.
JurvlWitness Duty Leave
Employees will be allowed a leave of absence pursuant to State Statute 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 which the City
is a party will receive the difference between his/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 his/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 1040 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, Step Mother, Step Father, Step
Son, Step Daughter, Step Brother, Step Sister
Up to three (3) days
Son-In-Law, Daughter-In-Law, Mother-In-Law,
Father-In-Law, Grandparent, Grandchild
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One (1) day
Aunt, Uncle,
Sister-In-Law,
Cousin, Niece,
Brother-In-Law,
Employee's
Nephew,
Godchild
Additional time off for bereavement leave may be granted and charged to vacation leave or
compensatory time, if any. Employees covered by a collective bargaining agreement shall receive
bereavement benefits as stated in 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 Head 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.
Vacation and sick leave will not accrue 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.
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GENERAL BENEFITS
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GENERAL BENEFITS
This is a brief description of benefits available to eligible employees. The descriptions provided
here 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 for an
answer. 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 prohibited
by law.
INSURANCES
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 COBRA (Consolidated Omnibus Budget Reconstruction Act of
1985) and applicable state law. Contact the Finance Department for 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 earnings into a
pre-tax deferred investment program. Contact the Finance Department for information on this
plan.
FLEXffiLE BENEFITS 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 health care and day care costs. This contribution is deducted from gross
wages and is reimbursed to the employee upon proof of the medical or day care expenses. The
employee must expend all the money contributed to the flexible benefit plan or lose it. For
additional information on this plan, contact the Finance Department.
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EMPLOYEEDEVELOPMENT~UITIONRE~BURSEMENT
The City encourages and recommends life long learning for its employees. To encourage
continuing education for City employees, the City offers reimbursement to regular full-time
employees for up to 75 percent of the tuition fee for 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. Written approval must be received from the City Administrator prior to the class
registration to determine if tuition reimbursement will be made; and
2. 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; and
3. The employee must successfully complete the class. If letter grades are assigned,
the minimum grade required for reimbursement is a C.
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 head.
EMPLOYEE WELLNESS
The City believes that employee wellness is very important. In an effort to promote wellness, the
City maintains a fitness room equipped with exercise equipment. Employees are encouraged to
use the fitness room. All employees must read the City of Elk River Fitness Room Policy and sign
an Agreement and Release attached as Exhibit A before using the fitness room.
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GENERAL POLICIES
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SMOKE & TOBACCO FREE POLICY
In an effort to provide a healthy, comfortable and productive working environment for City
employees, the City of Elk River provides a non-smoking work environment. All City facilities, in
their entirety, are smoke and tobacco free. All City vehicles are smoke and tobacco free. If a
vehicle is assigned exclusively to one employee, the vehicle may be designated as a
smoking/tobacco vehicle only if all employees who may be required to use or occupy the vehicle
agree. In the event that non-smokers cannot be accommodated, the vehicle will be designated as
non-smoking.
Employees violating the above policy may be subject to disciplinary action.
APPEARANCE AND DRESS GUIDELINES
The appearance of City employees is a direct reflection on the professionalism of City services.
City employees meet with the public every day as part of the regular workday. A neat, well-
groomed employee will present a positive image of the City.
All employees should dress in a reasonable manner that is 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.
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TELEPHONE USE
City telephones are in place to conduct official City business. It is critical that employees be
courteous, tactful, professional, and efficient on the telephone. Employees are expected to
answer and return calls promptly.
Personal calls made or received must not interfere with the employee's work duties. Local
personal telephone calls should be made only when absolutely necessary, preferably during
scheduled rest breaks or lunch periods. Keep incoming personal calls brief An employee who
spends an excessive amount of time on personal calls may be subject to discipline up to and
including termination.
Employees with access to or assigned a City cellular/digital phone are not to make personal phone
calls on the cellular/digital phone except in emergency situations. Any employee abusing or
misusing a cellular/digital phone may be subject to discipline up to and including termination.
All personal long distance phone calls must be recorded on a Long Distance Telephone log form.
Employees are required to reimburse the City promptly for all charges related to personal long
distance and cellular/digital phone use.
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E-MAILIINTERNET USE
The City of Elk River (the "City") provides e-mail, voice-mail and Internet access to many City
employees. This policy sets forth the City's general principles governing e-mail, voice-mail and
Internet usage.
The telephonic equipment, computer equipment, software, electronic media and services
used to supply e-mail, voice-mail and Internet access to employees are the property of the City
and are intended to be used for City business.
This policy covers all e-mail, voice-mail and Internet usage that:
a) is accessed in or from the City's offices;
b) is accessed using remote access to the City's computer equipment, telephonic
equipment, or services;
c) is accessed using the City's computer equipment, telephonic equipment, or any
service paid for by the City;
d) is used in a manner that identifies the user with the City or that refers to the City in
any manner.
GUIDELINES APPLICABLE TO ALL E-MAIL AND VOICE-MAIL USAGE
· E-mail and voice-mail services are provided for the City's business use. While occasional use
of these services for personal, non-business use is acceptable, employees must demonstrate a
sense of responsibility and may not abuse e-mail or voice-mail privileges.
· All communications sent by employees via e-mail or voice-mail must be respectful in tone and
professional. E-mail and voice-mail may not be used for transmitting, retrieving or storing any
communications of a discriminatory or harassing nature, derogatory to an individual or group,
obscene, or which are of a defamatory or threatening nature. E-mail should not be used for
"chain letters" or for any purpose which is illegal, against City policy, or contrary to the City's
interests.
· The City has the capability to retrieve mail messages even after they have been deleted or
erased. Furthermore, the use of passwords on the e-mail and voice-mail system does not
mean that messages stored on those systems are confidential from the City or may not be
retrieved or reviewed by others.
· Employees should be aware that City-provided computer equipment and the information
stored in such equipment is the property of the City. The City reserves the right, in its
complete discretion, to review any employee's e-mail files, messages, and usage at any time
and without notice and/or permission.
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· Employees must respect other people's electronic communications. Employees may not
obtain unauthorized access to another's e-mail or voice-mail messages, except pursuant to
direction from the City Administrator for the purposes specified above.
· Employees may not use the e-mail or voice-mail systems in a way that causes congestion on
the systems or that significantly interferes with another employee's ability to use the systems.
GUIDELINES APPLICABLE TO THE USE OF INTERNET E-MAIL AND WORLD
WIDE WEB ACCESS
· In general, the City encourages the use ofInternet e-mail communications with residents,
consultants, and others as a means of providing services more effectively and efficiently.
Internet e-mail is provided and is intended for the City's business use.
· Employees should not communicate with residents, consultants or others using Internet e-mail
without first obtaining their consent. Employees, at all times, must use discretion in
communicating sensitive information and should select communications methods that will
protect such information.
· Any messages or information sent by an employee by Internet e-mail or otherwise posted in
the World Wide Web are statements that may be identifiable and attributable to the City, as if
an employee was sending a letter on City letterhead.
· Internet e-mail may not be used to participate in Internet discussion groups, bulletin boards or
other public forums except for approved City business, professional development, or business
development purposes.
· Internet e-mail may not be used for transmitting, retrieving or storing any communications of
a discriminatory or harassing nature, or which are derogatory to an individual or group, or
which are obscene, or which are of a defamatory or threatening nature, or for "chain letters"
or for any other purpose which is illegal or is against City policy or is contrary to the City's
interests.
· Acceptable uses of the World Wide Web access services from the City include accessing
information for City business-related purposes, professional education and professional
development. World Wide Web access is provided primarily for you to retrieve information.
Do not post information, comments or statements, except for prior-approved City business,
professional development or business development purposes.
· A World Wide Web site may request information about you in order to build a user profile or
mailing list. Refuse any such requests. Respond "no" to any suggested download, upgrade,
or enhancement of software. Do not make any purchases or access a web site that charges a
fee, except for approved City business purposes.
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· Employees may not send e-mail or voice-mail messages that attempt to hide the identity of the
sender or that represent the sender as someone else or someone from a different city or a
company.
· Employees must respect all copyrights and intellectual property rights of others' materials, and
may not copy, retrieve, modify or forward copyrighted, patented or trademarked materials
except as permitted by the owner or as a single copy for reference use only.
· Internet e-mail and World Wide Web access usage is not confidential. The City receives
detailed monthly reports on Internet e-mail usage by individual and the City's software tracks
each World Wide Web site you visit.
Employees who violate any of the guidelines may be subject to disciplinary action
including, but not limited to, written warnings, revocation of access privileges and employee
termination.
TRA VEL EXPENSES
An employee will be reimbursed for actual and necessary expenses incurred when travelling on
City business only upon approval of such expenses by the City Council according to the City's
Travel Policy attached hereto as Exhibit A. In order to receive reimbursement, the employee
must promptly fill out the appropriate claim form and submit it to the department head for
consideration and approval.
KEYS AND SECURITY
Each employee is responsible for securing his/her work area at the end of each day. Be sure that
your office, confidential files, etc., are properly secured. 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
From time to time, City property becomes obsolete, is damaged, or is not needed. Such
equipment will be disposed of by the City through salvage, trade, public auction, bid, or other
means. If it is determined that a sale or auction is the best way to dispose of property, a notice
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must be advertised in the official newspaper and will be posted at City Hall and other locations as
deemed appropriate. The appropriate department head will determine the minimum price for each
item to be sold.
· In no instance will anything of value be given away free 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 prohibited 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 are to be used only by City employees for official City business. Employees
who drive or may be required to drive City vehicles and equipment are responsible for maintaining
a safe driving record and for observing 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
being driven. Any employee who operates a City vehicle without a valid driver's license will be
subject to disciplinary action up to and including termination. 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 supervisory approval.
City employees conducting official City business out of town (conventions, meetings, etc.) may
carry family members as passengers upon approval of department head and only if such
accompaniment does not interfere with the best interests of the City.
HANDLING CITIZENS' COMPLAINTS
Citizen 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 its
municipal government.
When handling a complaint be polite and never argue with the complainant even ifhe/she is angry,
unreasonable or insulting towards you and the City. Stay calm, cool and collected.
When you receive a complaint, it is very important to follow through properly. This can be
accomplished by doing the following:
Receive and record information pertinent to the complaint.
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Determine which City employee is responsible to investigate and take
corrective action and forWard the complaint accordingly.
Follow up on what action has been taken to correct the problem.
EMERGENCY CLOSING POLICY
It is the City's policy to continue to provide appropriate levels of services to the community
during periods of inclement weather or other emergencies. The City will make all attempts to
keep its facilities open during normal business hours even though an emergency may exist. The
City acknowledges that there may be adverse weather or other emergency conditions
(Emergencies) in which employees may need to be excused from work. The City recognizes that
the safety of its employees and their dependents is very important. 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 heads. Department
heads are responsible for communicating the State of Emergency to their
employees.
· When a State of Emergency is declared, each employee may determine whether
he/she 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 if at work, remains on duty, the
employee may request authorized emergency leave. An employee with
authorized emergency leave must utilize vacation or compensatory time for the
time away from work. If the employee does not have vacation or
compensatory time, the emergency leave will be unpaid.
EMPLOYEE PARTICIPA nON IN CITY FIRE DEPARTMENT
Employees of the City of Elk River wishing to be a member of the Elk River Fire Department are
allowed and encouraged to participate as a part-time paid firefighter. The following pay
provisions in accordance with state and federal laws apply to City employees who also work
outside of their regular department as part-time paid City firefighters:
Fire Calls During Working Hours
An employee will be allowed to respond to fire calls as approved and determined
by his/her department head. This determination will be based on the work
assignments and responsibilities of the employee.
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A City employee responding to fire calls during his/her regular work hours will be
compensated at the same rate as his/her regular position with the City and no
additional firefighter compensation will be paid. However, if an employee takes
vacation or compensatory time off so that he/she can respond to a fire call during
his/her regular work hours, or if he/she makes up the time so a full eight hours of
work in his/her regular position are completed on the same day as he/she
responded to a fire call during regular work hours, the employee 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's
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-halftimes the employee's firefighter pay rate.
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
her City duties, he or she may be subject to disciplinary action, up to and including termination.
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LABOR RELATIONS
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. DISCIPLINE
The City retains the right to take any disciplinary action it believes 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.
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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 immediate.
The circumstances surrounding the reason for disciplinary action will be reviewed on a case-by-
case basis to determine 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 future similar circumstances.
This policy does not change the fact that employment with the City is at-will, meaning that an
employee has the right to terminate it, at any time and for any reason, with or without cause or
notice, and that the City has that same right.
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SAFETY
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SAFETY
The personal safety of each employee of the City of Elk River and the prevention of
occupationally induced injuries and illnesses is of primary importance. 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 City employees with safe working conditions
through the following means:
1. A Safety Committee made up of employees and management from the
City's departments and employee groups is charged with creating and
maintaining a safety program in compliance with all applicable federal,
state, and local laws.
2. The Safety Committee or sub-committee reviews occupational illness and
injury, and incidents which results 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
administered by the Safety Committee.
4.
Department heads and other 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.
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5. Department heads are responsible for providing all employees with the
safety equipment and safety clothing that the City feels is necessary for
employees to perform their duties in a safe manner.
New employees should receive a copy of the City of Elk River Employee Safety Manual on their
first day of employment. Employees are required to read the manual carefully 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 City 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;
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3.
Be active in department and City safety programs;
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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 POLICY
The City reimburses employees for certain foot and eye protection required by the City's 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.
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Personal Injuries. Immediately report to your supervisor all accidents and
injuries occurring within the course of your employment. The supervisor
should submit a Supervisor's Report of Injury Form to the Safety Coordinator
within twenty-four (24) hours of the time of injury.
Vehicle, equipment, or property damage accidents. Immediately report to your
supervisor all damage to City property. The supervisor should 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 who is temporarily unable to work due to an injury or illness sustained in the
performance of the employee's work with the City may be eligible for Workers' Compensation
subject to the provisions ofthe 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
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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
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ETIllCSOFPUBLICE~LOYMENT
The City of Elk River finds that it is in the public interest and general welfare of the City and its
citizens that a statement of ethics be established for all employees of the City.
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
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The credibility of local government rests heavily upon the confidence that citizens have in public
officials and employees to render fair and impartial services to all citizens 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 ofInterest ordinance which is attached as Exhibit D.
HARASSMENT
The City of Elk River strives to maintain a work environment free of offensive conduct or
harassment of any type.
Harassment Policy
Purpose of Policy
It is the policy of the City that 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 which in turn is supported by mutual respect
and trust. 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 ongm, 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 by the City.
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.
One form of prohibited harassment is sexual harassment. Sexual harassment includes unwelcome
sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or
physical conduct or communication of a sexual nature 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
connotations;
· 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
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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 sexual 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 deal with the City's employees.
Reporting Harassment
If at any time you feel you are being harassed, you should immediately contact:
your supervisor; and/or
a department head; 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 any individual who believes he/she is being harassed to report any and 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 permitted by law.
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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 Policy
Any questions about this policy or a related matter, should be referred to the City Administrator
or Finance Director.
WORKPLACE VIOLENCE
The City of Elk 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
prennses.
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 City employees may be exposed to violence by the nature of their jobs. Violence or the
threat of violence by or against any City 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.
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, dignity, and respect.
DRUG AND ALCOHOL POLICY
Because the City has contracts with the federal governmental agencies, it is subject to the Drug-
Free Workplace Act. The Act places certain requirements on employers regarding maintaining a
drug-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
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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 unlawful use,
possession, or distribution of such drugs 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 or a person designated by the City Council 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 oflaw
enforcement officials.
Employees who are taking prescribed drugs or over-the-counter drugs 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 a drug-free workplace. If you have questions about
this policy, its implementation, or its application to you, please contact the City Administrator or
Finance Director.
The City's Employee Drug and Alcohol Policy for Drivers of Commercial Vehicles is attached as
Exhibit F.
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PERSONNEL POLICY MANUAL
RECEIPT AND ACKNOWLEDGMENT
By signing this receipt, I acknowledge that I have received a copy of the City of Elk
River's Personnel Policy Manual. I agree to abide by the rules, 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 unless 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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EXHIBIT A
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CITY OF ELK RIVER FITNESS
ROOM POLICY
:'" ,. ~~:... V/
-. ~ CI~ /
~:.~f- ~
& ( ,
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.-
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INTRODUCTION
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The City of Elk River strongly believes in a philosophy of promoting employee
wellness. An employee wellness program benefits both the employer and
employee plus, as we are dealing with City employees, an employee wellness
program benefits the community as a whole. Healthy employees tend to be
more productive employees and healthy employees require less City
expenditures (Le. City insurance costs; use of sick time and its related overtime
expenses; etc.). It makes good common sense for the City to do as much as
possible, even to the point of providing a fitness room and spending funds for
equipment, to have a healthy work force. An employee fitness room and
equipment is one part of a larger City wellness program.
POLICY
It is difficult to establish rules when the City is encouraging everyone to utilize
the wellness room equipment; however, it has become apparent that some
guidelines are necessary, It is the intent of the City to keep the rules and
regulations at a minimum and to keep the city exercise room and equipment
policy simple.
Emolovee and Guest
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The City fitness or exercise room should not be viewed as a health club, but the
City offers the use of this room and equipment to all City employees and to one
guest of the employee at a time. Most employees desire to "work-out" with
another individual and, in fact, another individual serving as a spotter is required
when using some of the free weights in conjunction with a bench. This guest
can be a spouse, significant other, child over the age of eighteen, or a friend.
Due to safety and insurance issues. no individual under the aoe of eiahteen is
allowed in the fitness room under any circumstances.
FITNESS ROOM CONDUCT
AND PROCEDURES
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1. EXERCISE CLOTHING - Persons using the facility must be properly
attired at all times which would include gym shorts and T-shirts, sweat
pants, leotards and tights; shirts are to be worn at all times. Protective
footwear is also required at all times (no bare feet).
2. FOUL OR ABUSIVE LANGUAGE will not be used while in the fitness
room.
3. LIFTING SPOTTERS are required when using an Olympic bar with heavy
plates in conjunction with a bench.
4. DUMBBELLS or plates must be returned to the proper rack or stand.
5. DROPPING OF DUMBBELLS on the fitness room floor is not allowed.
6.
MACHINES such as exercise bike, treadmill, and stair climber should be
turned off after use unless others are waiting to use it.
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7. DISINFECTANT SPRA Y AND TOWELS are provided in the fitness
room. Benches should be sprayed and wiped after use.
8. BREAKDOWN of any piece of equipment should be tagged and brought
to the attention of a supervisor as soon as possible.
9. CHALK is allowed as long as it is used neatly.
10. MUSIC in the fitness room is allowed as long as it is kept at a reasonable
level and is turned off when leaving the room.
11. LIGHTS should be turned off when the fitness room is not in use.
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EXHIBIT B
City of Elk River
Travel Reimbursement Policy
Revised January, 1999
The City of Elk River may reimburse employees, volunteers, appointed and elected Employees
(hereafter referred to as Employees) for actual expenses incurred while acting as a
representative of the City. Unless otherwise required by law, the following conditions must be
met in order to qualify for reimbursement:
1. The expenditure must qualify as a public purpose expenditure as determined by State
law and the Elk River City Council for which the City may use tax money.
2. Prior supervisory approval from the department head or City Administrator must be
received before reimbursement will be made.
3. Reimbursement will be made only for actual out of pocket expenses which are directly
related to the reason for which the Official is representing the City.
Reimbursement shall be made in accordance with the rules stated in this policy. No
reimbursement will be made to an Employee unless the reimbursement request meets the
following criteria and the proper required documentation is included with the reimbursement
request.
1. REIMBURSEMENT REQUEST: An itemized Expense Reimbursement Request form
(as provided by the Finance Department) must be completed and submitted within thirty
days following the date of the expense being incurred in order to be eligible for
reimbursement.
a) The expense report must be signed by the Employee requesting reimbursement
and the department head or City Administrator.
b) Receipts must be attached for all items for which reimbursement is requested.
i) If an overnight stay is required, receipts may not be needed for all items.
See 3b and 3c below.
2. TRAVEL: Whenever possible a City vehicle is to be used for City related travel.
a) If a city vehicle is not available, reimbursement will be made for the mileage
incurred during travel for City business.
i) Reimbursement will be made at the rate approved as the Federal
Government mileage reimbursement rate.
Travel Policy
Revised January 1999
iv)
Actual reimbursement for partial travel days will be based on the
reasonable time required to reach the destination.
Reimbursement shall not be made for meals included in the conference or
meeting fee.
Phone calls for City business, parking, taxi, and other travel expenses will
be reimbursed separately. Receipts are required.
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v)
vi)
c) Out of State Travel with an overnight stay required:
i) No meals are to be charged to the hoteVmotel room.
ii) Receipts are not required for meal or incidental expenses.
iii) Reimbursement for meals and incidental expenses will be as follows:
Breakfast $ 9.00
Lunch 11. 00
Dinner 20.00
Incidentals 5.00
iv) Actual reimbursement for partial travel days will be based on the
reasonable time required to reach the destination.
v) Reimbursement shall not be made for meals included in the conference or
meeting fee.
vi) Phone calls for City business, parking, taxi, and other travel expenses will
be reimbursed separately. Receipts are required.
4.
LODGING: The City will pay for reasonable hotel accommodations.
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a) An itemized bill from the hotel is required.
b) If possible, arrangements should be made for the hotel to bill the City directly. If
arrangements cannot be made for direct billing, the City shall reimburse the
Employee for such reasonable lodging expenses except:
i) Expenses incurred for lodging during drive time as stated in 2.b.ii above
or extra days not directly required to meet the meeting or conference
schedule.
ii) Expenses for personal phone calls.
iii) Expenses for meals charged to the room.
iv) Expenses for other personal expenses charged to the room.
5. ADVANCE EXPENSE CHECK: Ifrequested, an advance expense check may be
issued for estimated travel expenses.
a)
The advance shall be issued pursuant to Minnesota Statute 471.97.
i) Receipts are required for all expenses.
ii) A signed Reimbursement Request with receipts must be submitted within
30 days of travel.
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EXHIBIT C
City of Elk River
Foot Protection Policy
All employees will wear footwear appropriate to their job duties. Each affected employee
shall wear protective footwear when working in areas where there is a danger of foot
injuries due to:
. Falling and rolling objects
· Objects piercing the sole
· Exposure to electrical hazards
Employees required to wear protective footwear would include: StreetlParks employees,
Wastewater Treatment Plant employees, Building/Zoning inspectors, Fire inspectors and
any City employee required to wear protective footwear as determined by their supervisor.
Protective Footwear Standard
· Must comply with ANSI Z41-1991 Standard which provide both impact and
compression protection.
· Shall be at a minimum a leather boot type with at least an over-the-ankle
leather upper for support.
Reimbursement Policy
· The City will reimburse regular employees a maximum of$150 per year and
temporary employees a maximum of $50 per year for the purchase of
protective footwear.
· Original receipts must be submitted to Finance for reimbursement.
Adopted: May 17, 1999
EXHIBIT D
City of Elk River
Prescription Safety Eyewear Policy
Prescription Safety Eyewear
1. For those regular employees required to wear eye protection the City will pay for basic
protective eyewear for single vision, bifocal, and trifocal prescriptions (includes safety
lenses, standard frame with side shields, case and dispensing fee):
2. The City will provide one (1) complete pair of clear protective industrial safety
eyewear every 2 years or at the supervisor's discretion due to prescription change or
damage resulting from work-related hazards. "Clear" lenses under this definition will
also include lens tints in shades 1 or 2. No transition or changeable tint lenses will be
allowed.
3. Protective eyewear must comply with ANSI and OSHA approved standards.
4. All charges relating to eye examinations, optional frame styles or lens treatments will
be the responsibility of the employee.
Adopted: May 17,1999
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EXHffiIT E
Conflict of Interest Ordinance
Section 220-Conflict of Interest.
220.00-Policy
The credibility of the local government rests heavily upon the confidence
which citizens have in public officials and employees to render fair and
impartial services to all citizens without regard to personal interest and/or
political influence. Thus, City officials and employees must scrupulously
avoid any activity which suggest a conflict of interest between their
private interests and City responsibilities. Officials and employees of the
City, or their family members, shall not engage or have financial interest
in any business or other activity which could reasonably lead to a conflict
of interest with the official's or employee's primary City responsibilities.
"Family members" of an official or employee shall be deemed to be the
official or employee's spouse, parents, children, siblings, father-in-law,
mother-in-law, brothers -in-law, and sisters-in-law and the lineal
descendants of any of them. Examples of activities which are not in
accordance with this policy include, but are not limited to, the following:
. 1. Entering into any sale, lease or contract in violation of
Minnesota Statutes, Section 471.87-471.89;
2. Acceptance by a local official of any gift from an interested
person in violation of Minnesota Statutes, Section 471.895;
3. Activities which require the official or employee to interpret
City codes, ordinances, or regulations which such activity
involves matters with which the official or employee has
business and/or family ties;
4. Consulting activities carried out within the City if such
consulting involves talents or skills primarily related to the
official's or employee's City work responsibilities;
5. Using an official's or employee's authority, influence, or City
position for the purpose of private or personal financial gain;
6. The use of city time, facilities, equipment, or supplies for the
purpose of private or personal financial gain;
7. Entering into a business transaction when it involves using
. confidential information gained in the course of employment;
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EXHIBIT F
CITY OF ELK RIVER
EMPLOYEE DRUG AND ALCOHOL POLICY FOR DRIVERS
OF COMMERCIAL VEHICLES
I. POLICY STATEMENT
The abuse of drugs and alcohol is a nationwide problem which affects persons
of every age, race and gender. The city of Elk River recognizes that work
performance is affected and safety problems are created when drivers use or
abuse illegal drugs and/or alcohol. The city of Elk River wishes to provide
and maintain a safe, drug and alcohol free workplace. The city of Elk River
has established the following policy on drugs and alcohol with drug and
alcohol testing provisions mandated by the Omnibus Transportation
Employee Testing Act of 1991.
II. APPLICABILITY
1.
The Omnibus Transportation Employee Testing Act requires that all drivers
whose job duties include operating a commercial motor vehicle and who are
required to hold a commercial driver's license shall be subject to drug and
alcohol testing.
2. All applicants, including persons currently employed by the city of Elk River,
who apply for a position where job duties include operating commercial motor
vehicles (CMV) will be required to take a drug test if a job offer is made.
3. Any driver found to be in violation of this policy is subject to discipline up to
and including termination of employment.
III. DEFINITIONS
1. Accident... means an occurrence involving a CMV operating on a public road
which results in:
A. a fatality; or
B. bodily injury to a person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or
c.
one or more motor vehicles incurring disabling damage as a result of
the accident, requiring the vehicle to be transported away from the
scene by a tow truck or other vehicle.
page 1
10.
DHHS...The Department of Health and Human Services or any designee of
the secretary, Department of Health and Human Services.
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11. Driver...An employee of the City who drives a CMV or performs other
safety-sensitive functions on a CMV as part of his or her employment.
Employees of the City who do not drive a CMV or perform other safety-
sensitive functions on a CMV are not employees for purposes of this Policy.
12. Drul!...means any substance (other than alcohol) that is a controlled
substance as defined in this section and 49 C.F.R. Part 40.
13. Evidential Breath Testinl! Device (EBT)...means an EBT approved by
the National Highway Traffic Safety Administration (NHSA) for the
evidential testing of breath.
14. FHWA...The Federal Highway Administration.
15.
Medical Review Officer (MRO)...means a licensed physician responsible
for receiving laboratory results generated by an employer's drug testing
program who has knowledge of substance abuse disorders and has
appropriate medical training to interpret and evaluate an individual's
confirmed positive test result together with his or her medical history and
any other relevant biomedical information.
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16. Performing (a safety-sensitive function)...a driver is considered to be
performing a safety-sensitive function during any period in which he or she
is actually performing, ready to perform, or immediately available to perform
any safety-sensitive function.
17. Random Selection...means a mechanism for selection of drivers for testing
where each driver has an equal chance of being tested each time selections
are made.
18. Reasonable Suspicion...means that the City believes the appearance,
behavior, speech or body odors of a driver are indicative of the use of a
controlled substance or alcohol based on the specific, contemporaneous, and
articulable observation of at least one (1) supervisor or official who has
received training in the identification of behaviors indicative of drug and
alcohol use.
19. Refuse to Submit (to an alcohol or controlled substance test)...means
that a driver:
A.
Fails to provide adequate breath for testing without a valid
medical explanation after he or she has received notice of the
requirement for breath testing;
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All job applicants, including persons currently employed by the City,
applying for a job where duties include operating the City CMV's are
required to undergo testing for drugs if a job offer is made. The job offer is
contingent upon a negative drug test report and the applicant's written
agreement authorizing former employers to release to the City, all
information on the applicant's positive drug test results and refusals to be
tested within the preceding two years. This information must be received
within 14 days ofth~ request.
2.
Reasonable Suspicion Testing
A. City's Determination of Reasonable Suspicion. The City shall
require a driver to submit to an alcohol or drug test when the supervisor has
reasonable suspicion to believe that the driver has violated the provisions of
federal law concerning alcohol or controlled substance. The City's
determination that reasonable suspicion exists to require the driver to
undergo an alcohol or drug test must be based on specific, contemporaneous,
articulable observations concerning the appearance, behavior, speech, or
body odors of the driver. A driver may only be required to undergo
reasonable suspicion testing while performing safety-sensitive functions, just
before performing safety-sensitive functions, or just after ceasing to perform
safety-sensitive functions.
B. Trained Supervisor of Driver. The required observations for
alcohol and/or controlled substance reasonable suspicion testing shall be
made by a supervisor of a driver of the City who is trained in accordance
with federal law .
C. Prompt Administration of Test. If an alcohol test required by
federal law and this policy is not administered within two (2) hours following
the determination of reasonable suspicion, the City shall prepare and
maintain on file a record stating the reasons the alcohol test was not
promptly administered. If the alcohol test required by federal law and this
policy is not administered within eight (8) hours following the determination
of reasonable suspicion, all attempts to conduct the test shall cease and the
reasons for not administering the alcohol test shall be documented.
D. Alcohol Testinl!. Alcohol testing is authorized only if the
observations required are made during, just preceding, or just after the
period of the work day that the driver is required to be in compliance with
requirements of this policy requiring the use of alcohol.
3.
Post-accident
A. Drivers Tested. A post-accident alcohol and drug test shall be
performed on any driver who performed safety-sensitive functions with
respect to a CMV involved in an accident which resulted in the loss of human
life or who received a moving traffic violation in relation to an accident.
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6.
Random Testing
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A. Selection of Drivers. The selection of drivers for random alcohol
and controlled substance testing shall be made by a scientifically valid
method, such as a random number table or a computer-based random
number generator that is matched with a driver's identification or social
security number. Under the selection process used, each driver shall have an
equal chance of being tested each time selections are made.
B. Number of Drivers Selected. For alcohol testing the City shall
randomly select a sufficient number of drivers during each calendar year to
equal an annual rate of not less than ten percent (10%) of drivers. For
controlled substance testing, the City shall randomly select a sufficient
number of drivers to equal an annual rate of not less that fifty percent (50%)
of the drivers. If the required percentage of drivers to be tested is changed by
the FHW A, the City will use the lowest percentage allowed. Drivers may be
selected for more than one test per year.
C. Testine- Immediacy. The City shall require that each driver who is
notified of selection for random alcohol and/or controlled substance testing
proceed to the test site immediately; provided, however, that if the driver is
performing a safety-sensitive function at the time of notification, the City
shall ensure that the driver ceases to perform the safety-sensitive function
and proceeds to the testing site as soon as possible.
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D. Timine- of Test. A driver shall only be tested for alcohol while the
driver is performing safety-sensitive functions, just before the driver is to
perform safety-sensitive functions, or just after the driver has ceased
performing such safety sensitive functions, or while the driver is in a state of
readiness to drive.
v. CONTROLLED SUBSTANCE TESTING
Controlled Substances Testing is conducted by analyzing a driver's urine specimen.
Split urine samples will be collected according to FHW A regulations. The driver
will provide a urine sample at a designated collection site. The collection site
person shall pour the urine specimen into two bottles labeled "primary" and "split",
seal the specimens, complete a chain of custody document and prepare the bottles
for shipment to the testing laboratory for analysis.
1. Driver Unable to Provide Appropriate Quantitv of Urine. If the driver
is unable to provide the appropriate quantity of urine, the collection site person
shall instruct the driver to drink not more than 24 ounces of fluids and, after a
period of no more than two hours, again attempt to provide a complete sample. If
the driver is still unable to provide a complete sample, the testing shall be .
discontinued and the City notified. The MRO shall refer the driver for a medical
evaluation to determine if the driver's inability to provide a specimen is genuine or
constitutes a refusal to test.
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unable to contact the driver, the driver will be placed on a temporary
medically unqualified status or medical leave.
B. MRO May Verify Positive Test. The MRO may verify a test
positive without having communicated directly with the driver about the test
results under the following circumstances:
i. The driver expressly declines the opportunj.ty to discuss the
test results.
ii. The driver has not contacted the MRO within five days of
being instructed to do so by the City. If a test is verified under this
circumstance, the driver may present information to the MRO
documenting that serious illness, injury or other circumstances
unavoidably prevented the driver from contacting the MRO.
4. Confirmatory Retest: The MRO shall notify each driver who has a
confirmed positive test that the driver has 72 hours in which to request a test of the
split specimen at the driver's expense. The driver is responsible for all costs
associated with the confirmatory retest unless results are negative.
VI. ALCOHOL TESTING
Alcohol tests shall be administered by a Breath Alcohol Technician (BAT) using an
Evidential Breath Testing device (EBT). Two breath tests are required to determine
if a person has a prohibited alcohol concentration.
An individually-sealed mouthpiece shall be opened in view of the driver and used for
the test. The driver will be required to blow forcefully into the mouthpiece for at
least 6 seconds or until the EBT indicates that an adequate amount of breath has
been obtained.
The BAT will ensure that the identification number of the test is correctly recorded,
either using the safeguards provided by the equipment or requiring the driver to
read the sequential test number displayed on the EBT and recording the displayed
result, test number, testing device, serial number of the testing device and time.
If the result of the screening test is an alcohol concentration of 0.02 or greater, a
confirmation test shall be performed pursuant to 49 C.F.R. Part 40.65.
If a driver attempts and fails to provide an adequate amount of breath, the City will
direct the driver to obtain written evaluation from a licensed physician to determine
if the driver's inability to provide a specimen is genuine or constitutes a refusal to
test. Alcohol test results are reported directly to the designated City contact person.
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1.
Drivers shall not be permitted to perform safety-sensitive functions.
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2. Drivers shall be advised by the City of the resources available to them in
evaluating and resolving problems associated with misuse of alcohol or use of
controlled substances.
3. A driver who engages in a prohibited alcohol or controlled substance activity
and receives a verified positive drug or alcohol test result, on the first occurrence,
may be subject to disciplinary action as indicated in the City's personnel policy,
Section 218.08 (6), of the Elk River City Code, but will not be subject to discharge
unless:
A. the driver refuses to meet with a substance abuse professional for the
purpose of an evaluation for alcohol/controlled substance use/abuse and
recommendations for an educational, counseling or treatment program; or
B. the driver fails to enter the recommended program, or fails to
successfully complete the program; or
C. the driver fails a return-to-duty alcohol and controlled substance test
at the successful completion of the recommended program or subsequent
unannounced follow-up alcohol and controlled substance testing.
4. A driver who engages in a prohibited alcohol or controlled substance activity
and receives a positive drug or alcohol test will be evaluated by a substance abuse
professional (SAP) who will determine what assistance, if any, the driver needs in
resolving problems associated with alcohol misuse and controlled substances use. If
that evaluation determines that the driver has a chemical dependency or abuse
problem, the SAP will give the driver an opportunity to participate in an
appropriate program as identified at the driver's own expense or pursuant to
coverage under a driver benefit plan. In such case, the driver may use accumulated
vacation or sick leave. If no vacation or sick leave is available, the driver will be
placed on an unpaid medical leave of absence.
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5. When a driver has a subsequent violation of any prohibited alcohol or
controlled substance activity within five years of the first offense, the driver shall
be terminated from employment.
6. Each driver identified as needing assistance in resolving problems associated
with alcohol or controlled substances shall be evaluated by a substance abuse
professional to determine that the driver has followed the rehabilitation program
prescribed. If a driver either refuses to participate in a rehabilitation program
specified by the SAP or fails to successfully complete the program as determined by
the SAP, the appointing authority may take whatever disciplinary action, including
termination of employment, that it deems appropriate, as indicated in Section
218.08 (6), of the Elk River City Code.
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7. Before a driver returns to duty requiring performance of a safety-sensitive
function, he/she shall undergo a return-to-duty test with a result indicating a breath
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legitimate explanation for the driver's failure to contact within seventy-two
(72) hours, the MRO shall direct the analysis of the split specimen.
2. Results of Nef!ative Retest...lf the confirming retest is negative, no
adverse action will be taken against the driver and an applicant will be considered
for employment.
3. Copy of Test Result...The City shall inform the driver of the right to
request and receive from the City a copy of the test result report.
XII. DISCIPLINE
1. Persons in Violation...Any person found to be in violation of this policy is
subject to discipline up to and including termination of employment as indicated in
Section 218.08 (6), of the Elk River City Code. Disciplinary actions taken pursuant
to this policy are appealable pursuant to the procedures established in this policy.
2. City's Right to Discioline...Nothing in this policy limits or restricts the
right of the City to discipline or terminate a driver for conduct which violates the
City's policies or rules whether or not the driver is not tested for controlled
substances or alcohol.
3. Appeals Procedure...
A. Non-Veteran Drivers...A non-veteran driver has a right to appeal to
the City Administrator no later than twenty-one (21) calendar days after the date of
the action.
B. Veteran Drivers...A driver who is a veteran has a right to appeal to
the City Administrator a permanent demotion (including salary decrease), or a
discharge, if the driver submits a notice of appeal within sixty (60) calendar days of
the action, regardless of status with respect to the probationary period. A driver
who is a veteran may have additional rights under the Veterans Preference Act,
Minnesota Statute 197.46.
C. Notices of Appeal...All notices of appeal must be submitted in
writing to the City of Elk River City Administrator.
XIII. COl'l'FIDENTIALITY OF TEST RESULTS
All alcohol/controlled substances test results and required records are considered
confidential information. Any information concerning an individual's test results
and records shall not be released without the written permission of the individual
except as provided for by regulation or law.
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ACKNOWLEDGMENT OF RECEIPT
OF
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EMPLOYEE DRUG AND ALCOHOL POLICY
FOR DRIVERS OF COMMERCIAL VEmCLES
I have received a copy of the Transportation Employee Drug and Alcohol Policy and
have been provided information on the following:
1. The person designated by the City to answer questions about these
materials.
2. Who is subject to alcohol misuse and controlled substance requirements.
3. Explanation of a safety-sensitive function.
4. What driver conduct is prohibited.
5. Circumstances for drug and/or alcohol testing.
6. Procedures used to test for the presence of drugs and/or alcohol.
7.
The requirement that drivers submit to controlled substance and alcohol
testing.
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8. An explanation of what constitutes a refusal to submit to testing.
9. The consequences for drivers violating the prohibitions of this rule, including
the immediate removal of the driver from safety-sensitive functions.
10. The consequences for drivers found to have an alcohol concentration of 0.02
or greater, but less than 0.04.
11. Information concerning the effects of alcohol and controlled substances use
on an individual's health, work, and personal life. Signs and symptoms of an
alcohol or controlled substances problem and available methods of
intervening when an alcohol or a controlled substances problem is suspected,
including confrontation, referral to an employee assistance program, and/or
referral to management.
Signature:
.
Date:
Please Print Name:
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