4.2. ERMUSR 05-14-2019 Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
ERMU Commission Theresa Slominski—Finance and Office Manager
MEETING DATE: AGENDA ITEM NUMBER:
May 14, 2019 4.2
SUBJECT:
Fire Department Participation Policy
ACTION REQUESTED:
Approve the proposed Fire Department Participation Policy.
BACKGROUND:
In the past we have not allowed employees to participate as a firefighter due to potential work
conflicts. After some discussion with other municipal utilities that do allow this, reviewing the
City's policy on firefighter participation, and increased interest from staff, a policy was drafted
for consideration.
DISCUSSION:
In our current Employee Handbook, we have a policy on Supplemental Employment that states
no outside employment may interfere with their work at ERMU. This has been the logic applied
to firefighter participation, as a part-time paid firefighter poses additional considerations with
responding to calls at all hours while still being able to be an effective employee at ERMU. To
allow participation, we wanted to clarify beyond the existing Supplemental Employment policy
and so a separate policy has been drafted to clarify responding to calls while at work or on-call,
and how to record any time away from work for such calls. Upon approval, we would insert this
new policy right after our Supplemental Employment Policy in our Employee Handbook when it
is revised later this year, however, the employees would be able to participate as a firefighter
effective immediately.
Attached for reference is the Supplemental Employment policy excerpt from our current
Employee Handbook, the proposed Fire Department Participation policy, and the City's policy.
FINANCIAL IMPACT:
None
ATTACHMENTS:
• ERMU Employee Handbook—Supplemental Employment Policy—for reference only
• Proposed Addition to ERMU Employee Handbook—Fire Department Participation Policy
• City of Elk River—Employee Participation in the City Fire Department Policy—for
reference only
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ERMU policy on supplemental employment:
SUPPLEMENTAL EMPLOYMENT
The Utilities does not restrict employees from engaging in outside employment. However, the
Utilities expects regular full-time employees to consider Utilities work their primary
employment. No Utilities employee may engage in outside employment that interferes with the
performance of his/her duties with the Utilities, that represents a conflict of interest, or that may
influence or bias an employee's job related decision making ability. The Utilities 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 Utilities and his/her
position, the employee may be asked to discontinue the outside employment. If an employee is
asked to discontinue outside employment and fails to do so, he/she may be subject to discipline
up to and including termination.
Proposed addition to Handbook:
FIRE DEPARTMENT PARTICIPATION
Employees are allowed to participate as a part-time paid firefighter in a Fire Department. A non-
exempt employee will be allowed to respond to fire calls as approved and determined by his/her
department supervisor, based on the work assignments and responsibilities of the employee and
department. Non-exempt employees responding to fire calls during scheduled work hours will
need to use vacation time for time away from work, and exempt employees need to use vacation
time or make-up time for the same scenario. An employee may not respond to fire calls while
on-call for the Utilities.
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City policy on firefighters:
Employee Participation in the City Fire Department
Employees are allowed and encouraged to participate as a part-time paid firefighter in the Elk River
Fire Department.The following pay provisions,in accordance with state and federal laws, apply to
employees who also work outside of their regular department as part-time paid firefighters:
Fire Calls During Working Hours
An employee will be allowed to respond to fire calls as approved and determined by his/her
department director,based on the work assignments and responsibilities of the employee.
Employees responding to fire calls during regular work hours will be compensated at the same rate
as his/her regular city position with no additional firefighter paid compensation.
While on vacation or compensatory time off, or if s/he makes up the time so a full eight hours of
work in his/her regular position are completed on the same day as the fire call, s/he may receive
firefighter pay for the period claimed as vacation,compensatory, or make-up time.
Fire Calls During Non-Work Hours
Employees will receive their normal firefighter compensation for fire calls and training that do not
occur during the regular work hours of their regular position.
Application of Fair Labor Standards Act (FLSA)
Employees will be paid overtime in accordance with the FLSA and the city Overtime Policy.Actual
time worked will be used for determining overtime payment,with no consideration to the one hour
minimum call out pay provision for firefighter pay. For example,a false alarm that requires 15
minutes of work will be counted as 15 minutes for FLSA purposes even though the minimum call
out of one hour of pay would apply for firefighter pay purposes.
By advance mutual agreement, overtime earned for performance of fire department activities may be
paid at one and one-half times the employee's firefighter pay rate.
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