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4.4 ERMUSR 04-10-2018 4 Elk River �. Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Theresa Slominski - Finance & Office Manager MEETING DATE: AGENDA ITEM NUMBER: April 10, 2018 4.4 SUBJECT: Public Purpose Expenditure Policy ACTION REQUESTED: Approve the revised Public Purpose Expenditure Policy BACKGROUND: A Public Purpose Expenditure Policy was adopted in 2011. The policy was revisited by management, and it was decided to revamp the entire policy for verbiage relating to the utility/Elk River Municipal Utilities (ERMU), and allow for an updated review from legal counsel. Both Peter Beck and the law firm of Campbell Knutson have reviewed the policy. DISCUSSION: As mentioned above, the Public Purpose Expenditure Policy has not been revised since 2011 and a review seemed warranted. Originally the policy was obtained from the City and modified for ERMU applicability. Some of the items retained from the City policy were not necessary, some additional items have been introduced since 2011, and some items longstanding in practice were absent. Highlights of some of those items are: references to collective bargaining agreements were removed as it is not applicable to ERMU; ERMU participation in the local parade(s) was clarified; and the recognition provided to retiring employees was not identified in the policy, nor was there policy for recognizing exiting commissioners. Other changes are largely semantics and clarifying verbiage. A redlined copy and a clean final copy are included for your review. ATTACHMENTS: • ERMU Policy—A.19 Public Purpose Expenditure Policy—Redlined • ERMU Policy—A.19 Public Purpose Expenditure Policy—Final Copy Page 1 of 1 1:1A 'N Ji Elk River -�-� Municipal Utilities A.19–Public Purpose Expenditure Policy 1.0 Policy Pursuant to the statutes and laws of the State of Minnesota which regulate the expenditure of public funds for public purposes,the Elk River Municipal Utilities (ERMU)believes it is necessary and appropriate to provide assistance and guidance to the officials, employees, and representatives of ERMUE1 er-to aid in the determination of when public funds may be spent for a public purpose. To provide that assistance and guidance, the ERMU Board of Commissioners hasElk River Municipal Utilities adopted thisthese 1public purpose Expenditure Policyguideli es fort e establishing -e€operating policies and procedures forte the appropriate expenditures of public funds. , Tthe Utility Commission authorizes the General Manager- ' ' •- D• - . . . .. • . . .. . _ . . ..•• . . ... -• - - - .. to establish administrative policies and procedures that are consistent with this Policy.these guidelines Definition: A public purpose expenditure is one which relates to the purpose for which the Elk River Municipal Utilities exists_and the duties and responsibilities of Elk River, 2.0 Public Purpose Guidelines A. Training and development programs for ERMU- ': - •. - • ' •- employees serve a—public purpose when those training and development programs are directly related to the performance of the employees'job-related duties and are directly related to the programs/services for which ERMUility is responsible. B. Payment of employee work-related expenses, including travel, lodging and meal expenses, serves a public purpose when those expenses are necessarily incurred by ERMUEIk River Municipal Utilities employees in connection with their actual work assignments or official duties,and those expenses are directly related to the performance of the governmental functions for which Elk River has responsibility. 140 C. Appropriate safety and health programs for ERMUEIk River Municipal Utilities employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to ERMU customersthe rate payers of Elk River, including various costs associated with workers compensation and disability benefit claims, insurance premiums, and lost time from employee absences. D. Public expenditures for appropriate Employee recognition and achievement awards for ERMUEIk River Municipal Utilities employees are appropriate public expenditures and serve a—public purpose because formally recognizing employees who make significant contributions and demonstrate their commitment during the performance of their duties results in higher morale and productivity among all ERMUEIk River Municipal Utilities employees, and therefore helps ERMUthe Utility to fulfill its responsibilities efficiently and more cost effectively. E. Public expenditures for food and refreshments associated with official ERMUEIk River Municipal Utilities functions and meetings serve a public purpose when the provision of food or refreshments is an integral part of an official ERMUEIk River Municipal Utilities function, or the meeting or event occurs over a meal time and the provision of food or refreshment is reasonably necessary to promote timely attendance and ensure meaningful participation by the participants. F. Public expenditures for appropriate community and customer outreach and similar activities serve a public purpose when those expenditures are necessary for ERMUEIk River to ensure the efficient operation of its programs/services, promote the availability and use of ERMUUtility resources, and promote coordinated, cooperative planning activities among and between the public and the private sectors. 3.0 Specific Programs and Expenditures Every ERMU- ': - - ' ' •- expenditure;must be valid based upon the public purpose for which it is expended. These line-items are approved annually by the ERMUUtility Commission as a-part of the overall budget approval process. The following items are deemed to meet the ERMUUtility Commission's definition of public purpose expenditures A. Meetings: Food/Meals/Refreshments ERMUThe Elk River Municipal Utilities recognizes that situations in which ERMU Utility business needs to be discussed can and do occur during meal hours (i.e. luncheon meetings). In addition, there are public and employee meetings and events in which reasonable refreshments may add to the success of the meeting and/or event and create a more productive workforce. Meals are allowed at training or meetings only when they are part of a meeting or training involving official ERMUlitility business, and are reasonably necessary or productive to conduct the meeting over those meal periods. and when it is the only practical time to meet. The following items are deemed to meet the ERMUUtility Commission's definition of public purpose expenditures in regards to food/meals/refreshments. 2 141 1. Allowed at ERMUUtility meetings and events that have the purpose of discussing official ERMU business.Utility issues. These meetings would normally employees. 2. Allowed when they are part of the structured agenda for an offsite conference, workshop, seminar, training session, or meeting in which the General ManagerUtilities fester or a department head has authorized the employee to attend for training and development purposes. This does not include routine staff meetings. 3. Allowed when they are part of a breakfast/lunch/dinner meeting for official ERMUutility business when it is the only practical time to meet and when it involves non-ERMUetility employee participants (i.e. business developers or business representatives). Payment for fees relating to a special event, such as a Chamber of Commerce event, may also be allowed when approved by the General ManagerUtilities Director and when attendance is deemed to meet the public purpose guidelines for community or customer outreach and marketing of ERMUthe Utility. 4. Allowed during non routine, official meetings of the Utility Commission, utility committees, advisory boards/commissions, and taskforces. 5. Allowed where employees are participating in an ERMUa Utility Commission sponsored or authorized special event or in an outside event as an official representative of ERMUthe Utility. 6. Allowed for department sponsored meetings, conferences or workshops where the majority of invited participants are not ERMUutility employees. 7. Cookies and coffee allowed for ERMUUtility employees' monthly safety meetings sponsored by the Safety Committee. 8. Annual safety training lunch where lunch is provided at a minimal cost while safety training is being held. 9. Coffee is provided by ERMUthe-utility for employees and guests at ERMUity buildings. B. Alcoholic Beverages The Elk River Municipal Utilities ERMU will not purchase or reimburse any employee, —Commission Member, volunteer, or agent for the purchase of alcoholic beverages. C. Employee Recognition Program ERMU - - ': :. _ ' ' •- recognizes the hard work and service —performed by ERMU the employees of the Elk River Municipal Utilities through a formal Employee Recognition Program. The ERMUUtility Commission believes the benefits of attracting, retaining and motivating employees through an Employee Recognition Program support employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better 3 142 serve the interests of the citizens of the community. grievance or arbitration provisions of any collective bargaining agreement. The Program will include: 1. Annual Employee Customer Service Appreciation, in conjunction with the national Customer Service Week recognition. Annually ERMUthe Utility will sponsor an Employee Customer Service Appreciation for ERMUU employees. Appreciation tokens will be distributed and a lunch or breakfast will be provided, at a modest expense with prior General ManagerUtilities Director approval. 2. Recognition Plaques. ERMUThe Utility supports recognition plaques in recognition of—years of service. ERMUThc employees shall receive a plaque thanking them for their dedicated years of service to the community at 5 and 10 years of service. 3. Recognition Jackets and Watches. ERMUThe Utility supports recognition jackets and watches in recognition of years of service. ERMUThe employees shall receive a jacket thanking them for their dedicated years of service to the community at 20 years of service, and a watch at 30 years of service. 4. Recognition Lamp. ERMU supports recognition of long term employees retiring after a minimum of 20 years of service. ERMU employees shall receive a novelty meter lamp with an engraved plate noting years of service. D. Other Events ERMUThe Utility supports other events that are planned and paid for by employees. Examples —of such events include holiday gatherings and monthly birthday recognition. E. Refreshments and Food for Emergency Response Staff Because emergency personnel are often called to perform for extended periods of time where refreshments are important to duty performance, ERMU'.t�y personnel may be provided refreshments or food when it is deemed appropriate by the General ManagerUtilities Director to assure the delivery of quality emergency response service. F. Employee Training ERMU •- - ' : - supports employee training and providesallews for reasonable —reimbursement of registration, tuition and travel expense for conferences, seminars, workshops, and approved ERMUcity employment-related course work in accordance with —the ERMU- ': . .- - ' ' •- Personnel Policy. The Personnel Policy also contains guidelines for an education reimbursement program. Job related advanced education meets the public purpose guidelines of this Ppolicy. G. Employee Wellness and Safety Programs ERMUThe Utility Commission recognizes the importance of employee fitness and health as it relates to the overall work and life satisfaction of the employee and the impact on the 4 14'3 ERMUUtilities health insurance program. As such, ERMUthe Utility Commission supports the Employee Wellness Program, which has been designed to educate employees on fitness/health issues. Also, in an effort to promote wellness,the city maintains a fitness room equipped with exercise equipment that is available to all ERMU staff 24/7. The Utility also supports programs that-provide discounts to employees when participating in Parks and Recreation wellness relates activities. H. The Employee Safety Program Programsrograms created by the Safety Committee to promote and retain a safe work environment are supported by ERMUthe Elk River Municipal Utilities. Refer to Meetings: Food/Meals/Refreshments 114. Membership and Dues The ERMU Board of CommissionersUtility Commission has determined that ERMUthe Utility will fund memberships and dues for ERMUthe Utility, Commission Members;and its employees in professional organizations and Utility social and community organizations when the primary purpose is to promote, advertise, improve or develop the ERMU'sUtility's resources and advantages and not personal interest or gain. Said memberships shall be approved by the General ManagerUtilities Direetor. JL. Membership in the Local Chamber of Commerce & Rotary The ERMU Board of CommissionersUtility Commission has determined that it serves a public purpose for ERMUthe Elk River Municipal Utilities to maintain membership in the Elk River Chamber of Commerce and Rotary as a means of promoting, advertising, improving, and developing the economic resources and advantages of ERMUthe Utility. K4. Donations to Organizations The ERMU Board of Commissionerstemmissiefi has determined that it serves a public purpose for ERMUthe Elk River Municipal Utilities to purchase decorations, and candy for distribution at local parades and similar community eventsduring the local high school homecoming and county fair parades. LK Clothing and Other Sundry Items ERMU eEmployees may receive T-shirts, and other sundry items of nominal value ($5.00)when these items are made available to the general public, or if these items are determined by the General Manager Utility Director to be important to the successful involvement of employees in special ERMUUtility sponsored or Utility supported events (i.e. National Night Out, etc.). Employees may be supplied with uniforms, clothing, boots and other gear necessary for the performance of their job. 5 144 Mb. Marketing Items The yERMU Board of Commissioners has determined that it serves a public purpose for ERMUthe Elk River Municipal Utilities to distribute items of a nominal nature for the purpose of educating or promoting ERMUU�tility provided programs such as water and energy conservation, and electrical safety. NM. Sympathy Gifts The cost of flowers or other similar items as a sign of sympathy shall not be paid for with ERMU-1}y public funds. ON. Gifts for Employees, Consultants and Others ERMUThe Utility shall not pay for gifts to employees, consultants, or similar persons working with or for the ERMUU . P. Recognition Plaques for Commissioners ERMU supports recognition plaques in recognition of years of service. ERMU Commissioners shall receive a plaque thanking them for their dedicated years of service upon completion of their service on the Board. 4.0 Conclusion The ERMU Board ofy Commissioners reserves the right to not fund any item of expenditure described in this Ppolicy. No provision of this PPolicy, or its administration, shall be construed as being a benefit or condition of employment by or for any employee of ERMUthe Utility, nor is any provision of this Policyresolutien to be considered a provision of the ERMU'sUtility's Personnel Policy. The ERMU Board of CommissionersElk Rivcr Municipal Utilities has determined that the above expenditures are valid expenditures and serve a public purpose. Adopted November 15,2011 Revised,Anril 10.2018 6 145 4*-- „ Elk River Municipal Utilities A.19—Public Purpose Expenditure Policy 1.0 Policy Pursuant to the statutes and laws of the State of Minnesota which regulate the expenditure of public funds for public purposes, Elk River Municipal Utilities (ERMU) believes it is necessary and appropriate to provide assistance and guidance to officials, employees, and representatives of ERMU to aid in the determination of when public funds may be spent for a public purpose. To provide that assistance and guidance, the ERMU Board of Commissioners has adopted this Public Purpose Expenditure Policy establishing operating policies and procedures for the appropriate expenditure of public funds. The Utility Commission authorizes the General Manager to establish administrative policies and procedures that are consistent with this Policy. Definition:A public purpose expenditure is one which relates to the purpose for which Elk River Municipal Utilities exists. 2.0 Public Purpose Guidelines A. Training and development programs for ERMU employees serve a public purpose when those training and development programs are directly related to the performance of the employees'job-related duties and are directly related to the programs/services for which ERMU is responsible. B. Payment of employee work-related expenses, including travel, lodging and meal expenses, serves a public purpose when those expenses are necessarily incurred by ERMU employees in connection with their actual work assignments or official duties, and those expenses are directly related to the performance of the governmental functions for which Elk River has responsibility. C. Appropriate safety and health programs for ERMU employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to ERMU customers, including various costs associated with workers compensation and disability benefit claims, insurance premiums, and lost time from employee absences. 146 D. Employee recognition and achievement awards for ERMU employees are appropriate public expenditures and serve a public purpose because formally recognizing employees who make significant contributions and demonstrate their commitment during the performance of their duties results in higher morale and productivity among all ERMU employees, and therefore helps ERMU to fulfill its responsibilities efficiently and more cost effectively. E. Public expenditures for food and refreshments associated with official ERMU functions and meetings serve a public purpose when the provision of food or refreshments is an integral part of an official ERMU function, or the meeting or event occurs over a meal time and the provision of food or refreshment is reasonably necessary to promote timely attendance and meaningful participation by the participants. F. Public expenditures for appropriate community and customer outreach and similar activities serve a public purpose when those expenditures are necessary for ERMU to ensure the efficient operation of its programs/services, promote the availability and use of ERMU resources, and promote coordinated, cooperative planning activities among and between the public and the private sectors. 3.0 Specific Programs and Expenditures Every ERMU expenditure must be valid based upon the public purpose for which it is expended. These line-items are approved annually by the ERMU Commission as part of the overall budget approval process. The following items are deemed to meet the ERMU Commission's definition of public purpose expenditures: A. Meetings - Food/Meals/Refreshments ERMU recognizes that situations in which ERMU business needs to be discussed can and do occur during meal hours (i.e. luncheon meetings). In addition, there are public and employee meetings and events in which reasonable refreshments may add to the success of the meeting and/or event and create a more productive workforce. Meals are allowed at training or meetings only when they are part of a meeting or training involving official ERMU business, and are reasonably necessary or productive to conduct the meeting over those meal periods. The following items are deemed to meet the ERMU Commission's definition of public purpose expenditures in regards to food/meals/refreshments: 1. Allowed at ERMU meetings and events that have the purpose of discussing official ERMU business. 2. Allowed when they are part of the structured agenda for an offsite conference, workshop, seminar, training session, or meeting which the General Manager or a department head has authorized the employee to attend for training and 2 147 development purposes. This does not include routine staff meetings. 3. Allowed when they are part of a breakfast/lunch/dinner meeting for official ERMU business when it is the only practical time to meet and when it involves non-ERMU employee participants (i.e. business developers or business representatives). Payment for fees relating to a special event, such as a Chamber of Commerce event, may also be allowed when approved by the General Manager and when attendance is deemed to meet the public purpose guidelines for community or customer outreach and marketing of ERMU. 4. Allowed during official meetings of the Utility Commission, utility committees, advisory boards/commissions, and taskforces. 5. Allowed where employees are participating in an ERMU sponsored or authorized special event, or in an outside event as an official representative of ERMU. 6. Allowed for department sponsored meetings, conferences or workshops where the majority of invited participants are not ERMU employees. 7. Cookies and coffee allowed for ERMU employees' monthly safety meetings sponsored by the Safety Committee. 8. Annual safety training lunch where lunch is provided at a minimal cost while safety training is being held. 9. Coffee is provided by ERMU for employees and guests at ERMU buildings. B. Alcoholic Beverages ERMU will not purchase or reimburse any employee, Commission Member, volunteer, or agent for the purchase of alcoholic beverages. C. Employee Recognition Program ERMU recognizes the hard work and service performed by ERMU employees through a formal Employee Recognition Program. The ERMU Commission believes the benefits of attracting, retaining and motivating employees through an Employee Recognition Program support employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens of the community. The Program will include: 1. Annual Employee Customer Service Appreciation, in conjunction with the national Customer Service Week recognition. Annually ERMU will sponsor an Employee Customer Service Appreciation for ERMU employees. Appreciation 3 1 4R tokens will be distributed and a lunch or breakfast will be provided, at a modest expense with prior General Manager approval. 2. Recognition Plaques. ERMU supports recognition plaques in recognition of years of service. ERMU employees shall receive a plaque thanking them for their dedicated years of service to the community at 5 and 10 years of service. 3. Recognition Jackets and Watches. ERMU supports recognition jackets and watches in recognition of years of service. ERMU employees shall receive a jacket thanking them for their dedicated years of service to the community at 20 years of service, and a watch at 30 years of service. 4. Recognition Lamp. ERMU supports recognition of long term employees retiring after a minimum of 20 years of service. ERMU employees shall receive a novelty meter lamp with an engraved plate noting years of service. D. Other Events ERMU supports other events that are planned and paid for by employees. Examples of such events include holiday gatherings and monthly birthday recognition. E. Refreshments and Food for Emergency Response Staff Because emergency personnel are often called to perform for extended periods of time where refreshments are important to duty performance, ERMU personnel may be provided refreshments or food when it is deemed appropriate by the General Manager to assure the delivery of quality emergency response service. F. Employee Training ERMU supports employee training and provides for reasonable reimbursement of registration, tuition and travel expense for conferences, seminars, workshops, and approved ERMU employment-related course work in accordance with the ERMU Personnel Policy. The Personnel Policy also contains guidelines for an education reimbursement program. Job related advanced education meets the public purpose guidelines of this Policy. G. Employee Wellness Program ERMU recognizes the importance of employee fitness and health as it relates to the overall work and life satisfaction of the employee and the impact on the ERMU health insurance program. As such, ERMU supports the Employee Wellness Program, which has been designed to educate employees on fitness/health issues. Also, in an effort to promote wellness,the city maintains a fitness room equipped with exercise equipment that is available to all ERMU staff 24/7. H. Employee Safety Program Programs created by the Safety Committee to promote and retain a safe work environment are supported by ERMU. Refer to Meetings: Food/Meals/Refreshments 4 149 I. Membership and Dues The ERMU Board of Commissioners has determined that ERMU will fund memberships and dues for ERMU Commission Members and employees in professional organizations and social and community organizations when the primary purpose is to promote, advertise, improve or develop the ERMU's resources and advantages and not personal interest or gain. Said memberships shall be approved by the General Manager. J. Membership in the Local Chamber of Commerce &Rotary The ERMU Board of Commissioners has determined that it serves a public purpose for ERMU to maintain membership in the Elk River Chamber of Commerce and Rotary as a means of promoting, advertising, improving, and developing the economic resources and advantages of ERMU. K. Donations to Organizations The ERMU Board of Commissioners has determined that it serves a public purpose for ERMU to purchase decorations, and candy for distribution at local parades and similar community events. L. Clothing and Other Sundry Items ERMU employees may receive T-shirts, and other sundry items of nominal value when these items are made available to the general public, or if these items are determined by the General Manager to be important to the successful involvement of employees in special ERMU sponsored or supported events (i.e. National Night Out, etc.). M. Marketing Items The ERMU Board of Commissioners has determined that it serves a public purpose for ERMU to distribute items of a nominal nature for the purpose of educating or promoting ERMU provided programs such as water and energy conservation, and electrical safety. N. Sympathy Gifts The cost of flowers or other similar items as a sign of sympathy shall not be paid for with ERMU funds. O. Gifts for Employees, Consultants and Others ERMU shall not pay for gifts to employees, consultants, or similar persons working with or for the ERMU. P. Recognition Plaques for Commissioners ERMU supports recognition plaques in recognition of years of service. ERMU Commissioners shall receive a plaque thanking them for their dedicated years of service upon completion of their service on the Board. 5 150 4.0 Conclusion The ERMU Board of Commissioners reserves the right to not fund any item of expenditure described in this Policy. No provision of this Policy, or its administration, shall be construed as being a benefit or condition of employment by or for any employee of ERMU, nor is any provision of this Policy to be considered a provision of the ERMU's Personnel Policy. The ERMU Board of Commissioners has determined that the above expenditures are valid expenditures and serve a public purpose. Adopted November 15,2011 Revised,April 10,2018 6 151