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4.1 ERMUSR 11-12-2019 Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Troy Adams, P.E. —General Manager MEETING DATE: AGENDA ITEM NUMBER: November 12, 2019 4.1 SUBJECT: Policy Manual Initiative ACTION REQUESTED: Approve, as outlined in the memo, the following: • Remove the following policies from the Policy Manual: A.3, A.7, A.16, and A.22. • Move the following policies to the Commission Policy Manual: A.6, A.17, A.18, A19, A.20, and A.24a. • Delegate authority to management and move the following policies to the Management Policy Manual: A.4, A.5, A.8, A.9, A.10, A.11, A.12, A.13, A.14, A.15, and A.23. BACKGROUND: In 2017, the commission worked with staff and a consulting firm to develop governance polices based on the Carver Model governance style.The previous polices were left in place, redundant with the new policies. An initiative was created to develop a migration plan for relevant old policies to become part of the new policy manual, confirm delegation of authority to management for old policies that are not governance, and to eliminate or remove documents that are not policy. The initiative will address the section of the old policy manual per the following commission action request tentative schedule: • September: Rates, Fees, and Programs Section Service Agreements & Requirements Section • October: Personnel Section • November: Administration Section (Except A.1 Service Policies) • December: Electric Section (Except E.1 Electric Department Rules) Water Section (Except W.1 Water Department Rules) • March: A.1 Service Policies E.1 Electric Department Rules W.1 Water Department Rules Per the schedule, the commission took action on the Rates, Fees, and Programs section as well as the Service Agreements & Requirements section in September. And, the commission took action on the Personnel section in October. Page 1 of 5 49 DISCUSSION: The Administration section contains 21 policy documents with action requests for consideration.These are attached for reference. An initiative overview and checklist is attached as well. As indicated in the attached overview, there are four policy documents in the Administration section which are proposed to be eliminated.These policies are: • A.3 Banner and Flag Policy:This policy is redundant. The language is included in A.17 Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River. • A.7 Customer List Procedure:This policy is obsolete. • A.16 Payment Arrangement:This is not policy; rather it is a form which is no longer used after the migration to our new software system. • A.22 Returned UnPaid Items Policy:This policy is redundant. The language is included in A.1 Service Policies. There are six policy documents in the Administration section which are proposed to be moved and incorporated into the Governance section. This retains the commission's direct authority over these documents as they will become part of the Commission Policy Manual.The six policy documents and their new policy numbers are: • A.6 Customer Deposit Policy: Proposed to move policy to G.4j3 Customer Deposits as a sub policy under G.4j Cost Allocation and Recovery policy. • A.17 Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River: Proposed to move policy sections to G.2a1 Payment in Lieu of Taxes and Other Donations to the City of Elk River as a sub policy under G.2a Commission—City Council Relationship and Roles policy. • A.18 Privacy Policy: Proposed to move as a new section to proposed G.4d1 Customer Data Privacy as a sub policy under G.4d Customer Interests. • A.19 Public Purpose Expenditure Policy: Proposed to move policy to G.4i5 Public Purpose Expenditures as a sub policy under G.4i Financial Condition and Transactions. • A.20 Purchase Order Policy: Proposed to move policy to G.4i4 Purchase Orders as a sub policy under G.4i Financial Condition and Transactions policy. • A.24a Information Security Committee Charter: Proposed to move to policy G.2g3 Information Security Committee Charter as a sub policy under G.2g Commission Committees policy. And, there are 11 policy documents in the Administration section which are proposed to be moved to the Management Policy Manual. This action would delegate the authority over these policies to management, while the commission would retain indirect authority over through their oversight of the General Manager. These policy documents and their new policy numbers are: Page 2 of 5 50 • A.4 Capital Asset Guide:This is a downstream document developed because of the implementation of Governmental Accounting Standards Board (GASB) practices. This level of detail is not governance and should be delegated to management to oversee and periodically revise. • A.5 Cold Weather Rule Policy: This policy restates statute and provides downstream procedures for implementation of the statute. Because the cold weather rule is already a statutorily requirement, this does not need to be a commission policy and should be delegated to management to oversee and periodically revise as a procedural documents. • A.8 Emergency Closing Procedure:The authority to close the utilities in an emergency is already delegated to the general manager. This policy outlining the procedure should be delegated to management to oversee and periodically revise. • A.9 Emergency Procedures Guide:The emergency procedures guide is a document which provides operating procedures in the event of various emergency situations.This is not governance policy; rather, this policy outlining the procedure should be delegated to management to oversee and periodically revise. • A.10 Financial Reserves Policy:This policy outlines the methodology for determining and designating reserve funds.The existing commission policy G.4i2 Financial Reserves specifically delegates the authority for the purpose documented in this A.10 Financial Reserves Policy to the general manager.Therefore, this document should be delegated to management to oversee and periodically revise through the indirect oversight of the commission and through direct review by the Financial Reserves & Investment Committee. • A.11 Investment Policy: Similarly, this policy outlines the methodology for investments. The existing commission policy G.4i1 Investments specifically delegates the authority for the purpose documented in this A.11 Investment Policy to the general manager. And therefore, this document should be delegated to management to oversee and periodically revise through the indirect oversight of the commission through direct review by the Financial Reserves & Investment Committee. • A.12 Identity Theft Prevention Program — Red Flags Rule:This policy is downstream procedures for preventing identity theft and not governance policy. This policy should be delegated to management to oversee and periodically revise. • A.13 LFG Tour Procedure:This policy is landfill gas to electric generation facility tour procedures and not governance policy.This policy should be delegated to management to oversee and periodically revise. • A.14 Meter Testing Procedure: This policy addresses the process for meter testing.The fee related to meter testing is approved by the commission annually with the adoption of the fee schedule. The process is not governance policy.This policy should be delegated to management to oversee and periodically revise. The authority of setting the fee shall remain with the commission through the approval of the fee schedule. • A.15 Natural Gas Line Damage Reporting Procedure:This procedure identified through this policy is not governance policy and the policy should be delegated to management to oversee and periodically revise. Page 3 of 5 51 • A.23 Standard Operating Procedures: This policy section is a placeholder and has not been developed. However, when these standard operating procedures are developed, they will not be governance policy. Rather, they will be management policy outlining procedures. This policy section should be delegated to management for development, oversight, and to review periodically. The following six policies were created as management policies under the authority delegated to management through the new commission policies. These polices were placed within the existing policy book framework until the time what the policy book was split. These policies do not require commission action but are included for reference. These will become a part of the management policy book. These polices from the Administration section are: • A.21 Records Retention Policy • A.24 Management Committees Policy • A.25 Data Practices Policy • A.25a Guide for Members of the Public Requesting Information • A.25b Guide for Data Subjects Requesting Information • A.26 Communications Policy ATTACHMENTS: • Commission Policy Manual and Management Policy Manual Implementation Overview • ERMU Policies—Administration Section o A.3 — Banner and Flag Policy o A.4—Capital Asset Guide o A.5 —Cold Weather Rule Policy o A.6—Customer Deposit Policy o A.7—Customer List Procedure o A.8— Emergency Closing Procedure o A.9 — Emergency Procedures Guide o A.10— Financial Reserves Policy o A.11— Investment Policy o A.12— Identity Theft Prevention Program— Red Flags Rule o A.13— LFG Tour Procedure o A.14— Meter Testing Procedure o A.15— Natural Gas Line Damage Reporting Procedure o A.16— Payment Arrangement o A.17—Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River o A.18—Privacy Policy o A.19—Public Purpose Expenditure Policy o A.20—Purchase Order Policy o A.21— Records Retention Policy o A.22— Returned Un Paid Items Policy o A.23—Standard Operating Procedures o A.24— Management Committees Policy Page 4 of 5 52 o A.24a —Information Security Committee Charter o A.25—Data Practices Policy o A.25a —Guide for Members of the Public Requesting Information o A.25b—Guide for Data Subjects Requesting Information o A.26—Communications Policy Page 5 of 5 53 Implementation Key Delete or Eliminate Move Policy Elk River Not Policy or Standalone Policy—Remove Management Policy- Remove Municipal Utilities Not Needed - Remove New—Governance Policy To Be Developed COMMISSION POLICY MANUAL AND MANAGEMENT POLICY MANUAL IMPLEMENTATION OVERVIEW AND CHECKLIST - 2019 Completion Section and Date Policy GOVERNANCE Authority and Purpose Policies G.1a Bylaws G.1b Organizational Core Purpose G.1c Mission Statement G.1d Vision Statement G.1e Organizational Values G.1f Organizational Fundamentals G.1g Planning Themes Governance Policies G.2 Commission Purpose G.2a Commission —City Council Relationship and Roles G.2a1 Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River (Moved from A.17) , G.2a2 Street Light Installation and Maintenance - Memorandum of Understanding (Moved from E.10) G.2a3 Payment of Private Water Line Connection and Repair Costs— Memorandum of Understanding (Moved from W.6) G.2b Governing Style G.2c Agenda Planning G.2d Commission Member Role, Responsibilities and Orientation G.2e Commission Member Conduct G.2e1 Conflicts of Interest y(Moved from P.5) G.2f Commission Officer Roles, Responsibilities and Succession G.2g Commission Committees G.2g1 Wage & Benefits Committee Charter G.2g2 Financial Reserves and Investment Committee Charter Page 1 of 6 54 ERMU Commission Policy Manual Table of Contents G.2g3 Information Security Committee Charter (A.24a) G.2g4 Dispute Resolution Committee G.2h Independent Advisors to the Commission Commission— Management Connection Policies G.3 Commission - Management Roles G.3a Controlling Authority G.3b Delegation of Authority to the General Manager G.3c General Manager Accountability G.3d Monitoring Performance of the General Manager G.3e General Manager Performance Planning and Evaluation Delegation to Management Policies G.4 Corporate Limitations G.4a Succession of Leadership G.4b Information and Support to the Commission G.4c Strategic and Business Planning G.4d Customer Interests G.4d1 Customer Data Privacy Policy(Moved from A.18) • Add ref ,a G.4e Core Customer Services • Add to#6 about service pole and pracel G.4e1 Service Policies (Moved from A.1) tosaisairporate A.22 Returned Un-Paid Items Policy G.4f Employee Interests G.4f1 ERMU Employee Handbook (Moved from P.1) • Add reference for G.2e1 Conflicts of Interest Policy • Include P.10 Home Computer Purchase Assistance Policy G.4f2 Controlled Substances Drug Policy (Moved from P.6) G.4g Organization, Staffing, and Compensation G.4g1 Performance Metrics and Incentive Compensation r (Moved from P.13) G.4g1a Performance Metrics and Incentive Compensation Score Card (Moved from P.13a) G.4h Financial Planning and Budgeting G.4i Financial Condition and Transactions G.4i1 Investments G.4i2 Financial Reserves G.4i3 Debt Issuance and Payment G.4i4 Procurement G.4i4 Purchase Orders y< (Moved from A.20) G.4i5 Public Purpose Expenditures Policy (Moved from A.19) G.4j Cost Allocation and Recovery Page 2 of 6 55 ERMU Commission Policy Manual Table of Contents G.4j1 Rates and Charges for Electric Service G.4j2 Rates and Charges for Water Service G.4j3 Customer Deposits icy(Moved from A.6) G.4k MMPA Relationship, Representative and Governance G.41 Protection of Assets G.411 Use and Disposal of Utility Property(Moved from P.15) n STIEWIlrude E.7 on Poles) G.412 Inventory Policy (Moved from P.11) G.413 Mobile Device Guidelines (Moved from P.12) G.4m Corporate Risk Management G.4n Legal and Regulatory Compliance G.4o Environmental Stewardship • Add paragraph about Energy City Commission • Add paragraph about Wellhead Protection Plan G.4o1 Water Use Restrictions (Moved from W.9) • Update to be "recommended" with commission authority though city ordinance to declare mandatory emergency restrictions. G.4p External Communications G.4q Community Involvement G.4r Mutual Aid Policy (Moved from E.5) Results Policies G.5 Goals and Results G.5a RATES FEES ANID PROGRAMS 09/10/19 T.1 Fee Schedule 09/10/19 T.2 Conservation Improvement Programs 09/10/19 T.3 Demand Electric Service Rate 09/10/19 T.4 Dispersed Generation/Interruptible Load Program Rate 09/10/19 T.5 Energy Management Rates 09/10/19 T.6 Non-Demand Electric Service Rate 09/10/19 T.7 Off-Peak Demand Electric Service Rate 09/10/19 T.8 Residential All Electric Service Rate 09/10/19 T.9 Residential Electric Service Rate 09/10/19 T.10 Street/Security Light Service Rate 09/10/19 T.11 Non-Demand Electric Service Rate 09/10/19 T.12 Water Service Rates 09/10/19 T.13 Ground Source Heat Pump Rate 09/10/19 T.14 Commercial All Electric with Ground Source Heat Pump Service Rate 09/10/19 T.15 Demand All Electric Service Rate 09/10/19 T.16 Large Industrial Demand Electric Service Rate Page 3 of 6 56 ERMU Commission Policy Manual Table of Contents 09/10/19 T.17 Electric Vehicle Charging Rates 09/10/19 T.18 Residential Clean Energy Choice Program Rate 09/10/19 T.19 Commercial Clean Energy Choice Program Rate SERVICE AGREEMENTS Q. REQUIREMENTS 09/10/19 S.1 Additional Residential Electric Service Agreement 09/10/19 S.2 Cogeneration and Small Power Production Facilities Agreement 09/10/19 S.3 Commercial Developer Electric Service Agreement 09/10/19 S.4 Commercial & Industrial Electric Service Agreement 09/10/19 S.5 Commercial Interruptible Load Agreement 09/10/19 S.6 Dispersed Generation Program Agreement 09/10/19 S.7 Residential Developer Electric Service Agreement 09/10/19 S.8 Residential Electric Service Agreement 09/10/19 S.9 Security Light Agreement 09/10/19 S.10 Street Light Agreement 09/10/19 S.11 Service Requirements for Electric or Water-Commercial Developer/Builder 09/10/19 S.12 Service Requirements for Electric or Water- Residential Developer 09/10/19 S.13 Service Requirements for Electric or Water- Residential Home Builder/Owner 09/10/19 S.14 Temporary Electric Service Agreement 09/10/19 S.15 Residential Water Connection Permit 09/10/19 S.16 Commercial Water Connection Permit PERSONNEL 10/8/2019 P.1 Employee Handbook (Moved to G.4f1) 10/8/2019 P.2 Apprentice Programs (to be developed) 10/8/2019 P.2a Electric Apprentice Program (to be developed) 10/8/2009 P.2b Technical Apprentice Program (to be developed) 10/8/2019 P.2c Water Apprentice Program 10/8/2019 P.3 Clothing Policy (Management per G.4f) 10/8/2019 P.1 Criteria for Clothing Replacement (Include in P.3) 10/8/2019 P.5 Conflicts of Interest Policy (Moved to G.2e1) 10/8/2019 P.6 Drug Policy Sections 1.0 10.0 (Move to G.4f2) 10/8/2019 P.6 Drug Policy Sections 11.0- 12.0 (Not Policy; Management Reference Material) 10/8/2019 P.7 Educational Assistance Policy (Duplicate, also in Handbook) 10/8/2019 P.8 Flexible Benefits Plan 10/8/2019 P.9 HIPAA Security Policy 10/8/2019 P.9a HIPAA Privacy Certification Form 10/8/2019 P.9b HIPAA Compliance 10/8/2019 P.10 Home Computer Purchase Assistance Policy (Include in Employee Handbook) 10/8/2019 P.11 Inventory Policy (Moved to G.412) 10/8/2019 P.12 iPad and Tablet Device Guidelines(Moved to G.413) Page 4 of 6 57 ERMU Commission Policy Manual Table of Contents 10/8/2019 P.13 Performance Metrics and Incentive Compensation Policy (Moved to G.4g1) 10/8/2019 P.13a Performance Metrics and Incentive Compensation Score Card(Moved to G.4g1a) 10/8/2019 P.14 Personal and/or Credit Use & Security Policy 10/8/2019 P.14a Personal and/or Credit Use & Security Employee Responsibility Form 10/8/2019 P.15 Use and Disposal of Utility Property (Moved to G.411) A.1 Services Policies (Moved to G.4e1) A.2 Placeholder A.3 Banner and Flag Policy (Redundant, Included in A.17) A.4 Capital Asset Guide A.5 Cold Weather Rule Policy (Add reference/requirement in A.1 Sec 13.0 A) A.6 Customer Deposit Policy (Move to G.4j3) A.7 Customer List Procedure(Obsolete policy after territory acquisition.) A.8 Emergency Closing Procedure A.9 Emergency Procedures Guide A.10 Financial Reserves Policy (Management per G.4i2) A.11 Investment Policy (Management per G4.11) A.12 Identity Theft Prevention Program - Red Flags Rule A.13 LFG Tour Procedure A.14 Meter Testing Procedure A.15 Natural Gas Line Damage Reporting Procedure A.16 Payment Arrangement (Not a policy. This form is no longer used.) A.17 Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River (Moved to G.2a) A.18 Privacy Policy (Moved to G.4d1) A.19 Public Purpose Expenditure Policy (Moved to G.4i5) A.20 Purchase Order Policy (Moved to G.4i4) A.21 Records lefedtidrt Policy A.22 Returned Un Paid Items Policy(Redundant, Incorporate into A.1) A.23 Standard Operating Procedures (to be developed) A.211 Management Committees Policy(to be developed} A.2/1a Information Security Committee Charter (Moved to G.2g3) A.25 Data Practices Policy A.25a Guide for Members of the Public Requesting Information A.25b Guide for Data Subjects Requesting Information A.26 Communications Policy ELECTRIC E.1 Electric Department Rules-Operations and Maintenance Manual • Sections will be cut and included in new commission policy G.4e1 Page 5 of 6 58 ERMU Commission Policy Manual Table of Contents E.2 Distribution Reliability Standard (Management per G.4e) E.3 Integrity Testing Policy (Add to tariffs) E.4 Mid-Block Street Lighting E.5 Mutual Aid Policy (Moved to C.4r) E.6 Pole Attachment Policy E.6a Pole Attachment Agreement E.7 Pole Disposal Policy (Redundant, Included in P.15) E.7a Pole Disposal Agreement E.8 Pole Move Procedure E.9 Street Light ', ri truction Standards Street L+ght I a ion a nd Maintena-nce -Mer andum of Understanding (Move to G.2a2) E.11 Two-Way Radio Guidelines E.12 Distributed Energy Resources and Net Metering Policy (Standalone policy) E.12a Rules Governing the Interconnection of Cogeneration and Small Power Production (Standalone policy) E.12b Cogeneration and Small Power Production Tariff(Standalone policy) W W.1 Water Department Rules- Operations and Maintenance Manual • Sections will be cut and included in new commission policy G.4e1 W.2 Water Distribution System Maintenance Program W.3 Customer Contact for Water Meter Change-Out W.4 Fire Hydrant Use and Maintenance W.5 Looping Water Mains W.6 Payment of Private Water Line Connection and Repair Costs Memorandum of Understanding (Moved to G.2a3) W.6a Payment and A,sessment of the Costs to Repair Private Utility Lines City Policy (for reference only) W.6b Payment and Assessment of the Costs to Repair Private Utility Lines City Ordinance (for reference only) W.6c Petition, Waiver and Agreement for Payment of the Cost of Repairs to Private Utility Lines (Not policy. This is the form used to apply.) W.7 Side Lot Easements (Needs to be a requirement of the developer for looping mains per W.5) W.8 Water Shut-Off Request (Not policy. This is the request form.) W.8a Water Shut Off City Ordinance (for reference only) W.9 Water Use Restrictions (Moved to G.4o1) W.9a Water Use Restrictions City Ordinance (for reference only) W.10 Wellhead Protection Plan (Standalone, not part of Governance Policies.) Page 6 of 6 59 7 *- Elk River Municipal Utilities A.3—Banner and Flag Policy 1.0 Banner and Flag Installation Policy The Elk River Municipal Utilities staff is often asked to install banners on Elk River Streets and Highway for special events. In response to supporting our community events while being sensitive to our employee's safety concerns,the Elk River Municipal Utilities shall adhere the following policy: A. The Elk River Municipal Utilities staff shall install&remove when asked, banner on light stands equipped with appropriate brackets on public streets and highways for national holidays and Chamber and City sponsored events. 60 ./j Elk River Municipal Utilities A.4—Capital Asset Guide Introduction For fiscal year ending December 31, 2003, Elk River Municipal Utilities will be required to implement Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements—and Management's Discussion and Analysis—for State and Local Governments. Statement No. 34 establishes new financial reporting requirements for state and local governments throughout the United States. When implemented, it will create new information and will restructure much of the information that governments have presented in their annual reports in the past. The intent of these new requirements is to make annual reports more comprehensive and easier to understand and use. Two key implementation challenges the new reporting model presents are infrastructure reporting and depreciation accounting. Statement No. 34 requires governments to report general infrastructure assets and depreciate general governmental capital assets over their estimated useful lives. While this document is not all encompassing, it has been prepared to provide general guidance on implementing the new reporting requirements in regards to capital assets for financial reporting purposes only. The primary objectives of financial reporting generally pertain to valuation, allocation,presentation and disclosure;therefore,this policy should not be used for property control purposes. This policy will take effect on: January 1, 2004 1 61 Capital Assets and Capitalization Thresholds A capital asset is real or personal property that has a value equal to or greater than the capitalization threshold for the particular classification of the asset and has an estimated useful life greater than one year. The Utilities reports capital assets in the following categories: • Land/land Improvements • Other improvements • Buildings/building Improvements • Machinery and Equipment • Vehicles • Infrastructure • Construction in Progress For financial statement purposes only, a capitalization threshold is established for each capital asset category as follows: Capital Asset Category Capitalization Threshold Land/land improvements $10,000 Other improvements $25,000 Buildings and building improvements $25,000 Machinery and Equipment $5,000 Vehicles $5,000 Infrastructure $100,000 Construction in progress Accumulate all costs and capitalize if over $100,000 when completed Other Assets $5,000 Another criterion for recording capital assets is capital-related debt. Capital assets purchased with debt proceeds should be capitalized and depreciated over their estimated useful life. Capitalizing these assets would minimize the potential of negative net assets being reported in the statement of net assets. In most cases it would be expected that these assets would normally meet the thresholds and guidelines for recording as a capital asset. 2 62 Reporting Capital Assets Capital assets should be recorded and reported at their historical costs,which include the vendor's invoice (plus the value of any trade-in or allowance, if reflected on the invoice), plus sales tax, initial installation cost(excluding in-house labor)modifications, attachments, accessories or apparatus necessary to make the asset usable and render it into service. Historical costs also include ancillary charges such as freight and transportation charges, site preparation costs, and professional fees. When the historical cost of a capital asset is not practicably determinable,the estimated historical cost of the asset should be determined by appropriate methods and recorded. Estimated historical cost should be so identified in the record and the basis of determination established in the responsible entity's public records. The basis of valuation for capital assets constructed by entity personnel should be the costs of material, direct labor and overhead costs identifiable to the project. An entity that owns capital assets is responsible for correctly reporting these assets at the date of acquisition. Donated capital assets should be reported at fair value I at the time of acquisition plus ancillary charges, if any. Donations are defined as voluntary contributions of resources to a governmental entity by a nongovernmental entity.2 Depreciating Capital Assets New to general governmental capital assets is the requirement to depreciate those assets over their estimated useful lives. Depreciation is the process of allocating the cost of an asset over the periods that asset is used for its intended purpose. Capital assets should be depreciated over their estimated useful lives unless they are: • Inexhaustible (i.e., land and land improvements, certain works of art and historical treasures), • Infrastructure assets reported using the modified approach, or • Construction work in progress 'Fair value is the amount at which an asset could be exchanged in a current transaction between willing parties 2A voluntary contribution of resources between governmental entities is not a donation. 3 63 For financial statement purposes,the straight-line method will be used to calculate depreciation for each capital asset recorded. Under the straight-line depreciation method, the basis of the asset is written off evenly over the useful life of the asset. The same amount of depreciation is taken each year. In general,the amount of annual depreciation is determined by dividing an asset's depreciable cost by its estimated life. The total amount depreciated can never exceed the asset's historic cost less salvage value. At the end of the asset's estimated life,the salvage value will remain. Improvements vs. Repairs/maintenance A significant issue when recording capital assets is the question of when is an expenditure capitalized as an improvement versus recorded as repairs or maintenance expense. Generally,the driving factors behind capitalizing cost are those related to significantly extending the useful life, increasing capacity, or improving the efficiency of capital assets. Capital asset improvement costs should be capitalized if: 1. The costs exceed the capitalization thresholds, and 2. One of the following criteria is met: a) The value of the asset or estimated life is increased by 25%of the original cost or life period b) The cost results in an increase in the capacity of the asset, or c) The efficiency of the asset is increased by more than 10% Otherwise, the cost should be recorded as a repair and maintenance expense within the appropriate expense function. The criteria are meant as a matter of policy and to be applied as guidance, not absolutes. It is likely that any of the above parameters could be adjusted based on the professional judgment of a qualified individual making the decision of whether to capitalize or expense a given cost. Determinations must be made on a case by case basis. Capital Asset Definitions and Categories Land/Land Improvements Land is the surface or crust of the earth,which can be used to support structures, and may be used to grow crops, grass, shrubs, and trees. Land is characterized as having an unlimited life (indefinite). Land improvements consist of betterments, site preparation, and site improvements that ready land for its intended use. The cost associated with land improvements is added to the cost of the land. 4 64 Land and land improvements are inexhaustible assets and do not depreciate over time. Examples of items to be capitalized as land and land improvements are: • Purchase price or fair market value at time of gift • Commissions • Professional fees (title searches, architect, legal, engineering, appraisal, surveying, environmental assessments, etc.) • Land excavation, fill grading, drainage • Demolition of existing buildings and improvements (less salvage) • Removal,relocation or reconstruction of property of others (railroad,telephone, and power lines). • Interest on mortgages accrued at date of purchase • Accrued and unpaid taxes at date of purchase • Other costs incurred in acquiring the land • Water wells (includes initial cost for drilling,the pump and its casing • Right-of-way(permanent) Other Improvements Assets built, installed or established to enhance the quality or facilitate the use of land for a particular purpose. Examples of items to be capitalized as other improvements are: • Fencing and gates • Landscaping • Parking lots/driveways/parking barriers • Outside sprinkler systems • Recreation areas and athletic fields (including bleachers) • Golf courses • Paths and trails • Septic systems • Stadiums • Swimming Pools,tennis courts, basketball courts • Fountains • Plazas and pavilions • Retaining walls Buildings/building improvements A building is a structure that is permanently attached to the land,has a roof, is partially or completely enclosed by walls, and is not intended to be transportable or moveable. A building is generally used to house persons,property, and fixtures attached to and forming a permanent part of such a structure. 5 65 Certain buildings or structures that are an ancillary part of infrastructure networks, such as rest area facilities and pumping station should be reported as infrastructure rather than as buildings. Building improvements are capital events that materially extend the useful life of a building or increase the value of the building, or both beyond one year. Examples of items to be capitalized as buildings and building improvements are: Purchased Buildings • Original purchase price • Expenses for remodeling, reconditioning or altering a purchased building to make it ready to use for the purpose for which it was acquired • Environmental compliance (i.e. asbestos abatement) • Professional fees (legal, architect, inspections, and title searches, etc.) • Payment of unpaid or accrued taxes on the building to date of purchase • Cancellation or buyout of existing leases • Other costs required to place or render the asset into operation Constructed Buildings • Completed project costs • Cost of excavation or grading or filling of land for a specific building • Expenses incurred for the preparation of plans, specifications, blueprints, etc. • Cost of building permits • Professional fees (architect, engineer,management fees for design and supervision, legal) • Costs of temporary buildings used during construction • Unanticipated costs such as rock blasting,piling, or relocation of the channel of an underground stream • Permanently attached fixtures or machinery that cannot be removed without impairing the use of the building • Additions to buildings (expansions, extensions, or enlargements) Building Improvements • Conversions of attics, basements, etc.to usable office, clinic research or classroom space. • Structures attached to the building such as covered patios, sunrooms, garages, enclosed stairwells etc. • Installation or upgrade of heating and cooling systems, including ceiling fans and attic vents • Original installation or upgrade of wall or ceiling covering such as carpeting,tiles, paneling or parquet. • Structural changes such as reinforcement of floors or walls, installation or replacement of beams,rafters,joists, steel grids, or other interior framing. 6 66 • Installation or upgrade of window or door frame, upgrading of windows or doors, built-in closet and cabinets. • Interior renovation associated with casings,baseboards, light fixtures, ceiling trim, etc. • Exterior renovation such as installation or replacement of siding, roofing, masonry, etc. • Installation or upgrade of plumbing and electrical wiring • Installation or upgrade of phone or closed circuit television systems, networks, fiber optic cable, or wiring required in the installation of equipment (that will remain in the building) • Other costs associated with the above improvements Examples of items to be considered maintenance and repairs and not capitalized as buildings are: • Adding, removing and/or moving of walls relating to renovation projects that are not considered major rehabilitation projects and do not increase the value of the building. • Improvement projects of minimal or no added life expectancy and/or value to the building • Plumbing or electrical repairs • Cleaning,pest extermination, or other periodic maintenance • Interior decoration, such as draperies, blinds, curtain rods, wallpaper • Exterior decoration, such as detachable awnings, uncovered porches, decorative fences, etc. • Maintenance-type interior renovation such as repainting,touch-up plastering, replacement of carpet,tile , or panel sections; sink and fixture refinishing etc. • Maintenance-type exterior renovation such as repainting, replacement of deteriorated siding, roof, or masonry sections • Replacement of a part or component of a building with a new part of the same type and performance capabilities, such as replacement of an old boiler with a new one of the same type and performance capabilities • Any other maintenance-related expenditure which does not increase the value of the building. Equipment,Machinery, and Vehicles Fixed or movable tangible assets to be used for operations,the benefits of which extend beyond one year from date of receipt and rendered into service. Personal property paid for jointly by the Utilities and other governmental entities should be capitalized by the entity responsible for future maintenance. Examples of expenditures to be capitalized as equipment,machinery and vehicles: • Original contract or invoice price • Freight charges • Handling and storage charges • In-transit insurance charges 7 67 • Sales, use, and other taxes imposed on the acquisition • Installation charges • Charges for testing and preparation for use • Cost of reconditioning used items when purchased • Parts and labor associated with the construction of equipment Note: Cost of extended warranties and/or maintenance agreements, which can be separately identified from the cost of the equipment, should not be capitalized. Infrastructure Infrastructure assets are long-lived capital assets that normally are stationary in nature and can be preserved for a significantly greater number of years than most capital assets. Infrastructure assets are often linear and continuous in nature. Examples of expenditures to be capitalized as infrastructure: • Highways and rest areas • Roads, streets, curbs, gutters, sidewalks • Bridges and tunnels • Dams and drainage systems • Water and sewer systems • Electric and gas (main lines and distribution lines) • Street lighting systems (traffic, outdoor, street, etc.) • Signage Infrastructure assets should be capitalized and depreciated. Improvements made to infrastructure assets that extend the useful lives or increase the value of the assets, or both should be capitalized. Other Capital Assets Computer software that is either purchased or developed for internal use should be capitalized as other fixed assets if the cost of the computer software exceeds the capitalization threshold and depreciated over the estimated useful lives of the assets. Capitalization of computer software includes software license fees if the total dollar amount of the fee divided by the numbers of units served (terminals) exceeds the threshold. Examples of expenditures to be capitalized as computer software: • External direct costs of materials and services (third party fees for services) • Costs to obtain software from third parties • Travel costs incurred by employees in their duties directly associated with development • Payroll and payroll-related costs of employees directly associated with or devoting time in coding, installing or testing. 8 68 • Cost to develop or obtain software that allows for access or conversion of old data by new information systems. Note: Upgrades and enhancements should be capitalized only to the extent that they increase the functionality of the product. Leased Equipment Equipment should be capitalized if the lease agreement meets any one of the following criteria: • The lease transfers ownership of the property to the lessee by the end of the lease term • The lease contains a bargain purchase option. • The lease term is equal to 75%or more of the estimated economic life of the leased property • The present value of the minimum lease payments at the inception of the lease, excluding executory costs, equals at least 90%of the fair value of the leased asset. Leases that do not meet any of the above requirements should be recorded as an operating lease and reported in the notes of the financial statements. 9 69 Capital Assets Estimated Useful Life Other improvements Fencing, gates 20 years Landscaping 10 years Parking Lots 15 years Outside sprinkler systems 20 years Paths and Trails 15 years Retaining Walls 20 years Outdoor lighting 20 years Building and building improvements Buildings-excavation, foundation, frame/structure 40 years Temporary/portable buildings 25 years Roof 20 years HVAC-Heating-ventilation, air conditioning 20 years Electrical 20 years Plumbing 20 years Sprinkler system 20 years Security fire alarm system 10 years Cabling 10 years Floor coverings (other than carpet) 15 years Carpeting 7 years Interior construction 15 years Interior renovation 10 years Elevators 20 years Equipment, machinery and vehicles Audio visual equipment 7 years Business machines/office equipment 7 years Radio, communications equipment 10 years Computer equipment/software 5 years Furniture 15 years Grounds equipment-mowers,tractors 10 years Kitchen equipment-appliances 10 years Lab equipment 10 years Law enforcement equipment 10 years Machinery,tools and other equipment 5-10 years Custodial equipment 10 years 10 70 Photocopiers 5 years Motor Vehicles: Cars, light trucks and vans (less than 13,000 lbs.) 3-8 years Heavy trucks (13,000 lbs or greater) 8-10 years Firefighting trucks 15 years Heavy equipment-front loaders, graders etc. 10-20 years Infrastructure Parking lots-public 15 years Sidewalks 20 years Bridges: Pedestrian 30 years 11 71 Elk River -�-1 Municipal Utilities A.5—Cold Weather Rule Policy 1.0 Policy It is the policy of Elk River Municipal Utilities (ERMU)to comply with the State of Minnesota's "Cold Weather Rule,"as set forth in Minnesota Statutes, Section 216B.097, as amended. 2.0 Applicability The ERMU Cold Weather Rule Policy(the"Policy") shall apply to all ERMU residential electric customers who meet the criteria set forth in Minnesota Statutes Section 216B.097. The Policy shall apply only to those ERMU residential water customers who meet the criteria of Section 216B.097 and for whom water service affects the primary heat source for the residential unit. 3.0 Annual Notice to Customers ERMU will notify all ERMU customers between August 15 and October 15 of each year of the provisions of the Cold Weather Rule and the ERMU Cold Weather Rule Policy. 4.0 Restrictions on Disconnection During the period between October 15 and April 15 of each year,ERMU residential customers to whom the Cold Weather Rule policy is applicable, as provided above,will not be disconnected and, if disconnected on October 15,will be reconnected provided all of the following conditions are met: A. The customer has submitted a written statement of inability to pay the full amounts due for utility services; B. Household income at the customer address is at or below 50%of the state median household income. i) If income verification is necessary,ERMU may obtain income verification from the local energy assistance provider or require that the customer verify income on forms provided by ERMU. Adopted February 15, 2011 GP: 2928087 v1 72 ii) Income verification will not be required if the customer receives any form of public assistance, including energy assistance,that uses as an income eligibility threshold set at or below 50%of the state median household income. C. The customer enters into a payment agreement that considers the financial resources of the household. i) Payments due under a payment agreement shall be no less than ten percent of the household monthly income. ii) ERMU may require payments in excess of ten percent of the household monthly income if such a payment amount is reasonable considering the financial resources of the household. iii) ERMU may agree, in its discretion,to payments of less than ten percent of the household monthly income only if the customer has submitted such information as ERMU shall require regarding the financial resources of the household and ERMU makes a finding that a lesser payment is justified given the financial resources of the household. D. The customer makes reasonably timely payments under the payment agreement. i) Failure to make timely payments under a payment agreement shall authorize ERMU to immediately initiate a notice to the customer of disconnection. ii) Receipt by ERMU of two or more payments five days or more beyond the due date shall be failure by the customer to make reasonably timely payments. E. The customer has received referrals to energy assistance,weatherization, conservation, or other programs likely to reduce the customer's energy bills. 5.0 Notice of Disconnection A. Before disconnecting service to a residential customer during the period between October 15 and April 15, ERMU will provide the customer with a written notice of disconnection. B. The notice of disconnection shall be mailed to the customer and, if different,the owner of the service address at least 20 days prior to the disconnection date, and posted on the property at least 15 days prior to the disconnection date. C. The notice of disconnection shall state the date of the proposed disconnection and shall include: a. A statement explaining the customer's rights and responsibilities; b. A list of local energy assistance providers; c. A statement that forms on which to declare inability to pay are available at ERMU; and d. A statement explaining that the customer has the opportunity to enter into a payment agreement with ERMU if the criteria set forth in this Policy and Minnesota Statutes, Section 216B.097 are met. 6.0 Appeal A. A customer may appeal a proposed disconnection by submitting a written notice of appeal prior to the proposed disconnection date. Adopted February 15, 2011 GP: 2928087 vl 73 B. If a written notice of appeal is received by ERMU prior to the disconnection of service, ERMU will not disconnect service until the appeal is resolved. C. Upon receipt of a notice of appeal, ERMU shall schedule a hearing before the ERMU Cold Weather Rule Appeals Board ("Appeals Board"). a. The hearing shall be held during normal business hours. b. The hearing shall be held no sooner than two weeks after receipt of the written notice of appeal from the customer. c. The customer shall be notified of the date,time and place of the hearing at least ten calendar days before the hearing. D. Prior to the hearing,the customer shall submit a statement which shall contain the following information: a. Name, address and phone number of customer; b. Utility account number; c. Date of bill; d. Date of proposed disconnection; e. Amount of bill; f. If the amount of bill is in dispute, reasons for the customer's belief that the bill is in error and the customer's proposed adjustment; and g. If the customer is unable to pay part or all of the bill,the customer's reasons for inability to pay,verification of income and proposed payment arrangements. E. At the hearing before the Appeals Board,the customer may present any testimony and evidence relevant to the appeal. Members of the Appeals Board may question the customer or other persons about any matter relevant to the appeal. F. The Appeals Board shall either decide the appeal prior to the conclusion of the hearing or within five days thereafter. a. If a decision is not made at the hearing,the decisions shall be in writing and mailed or delivered to the customer. If the decision is to uphold the appeal subject to conditions,the conditions shall be reduced to writing and delivered to the customer along with the deadline for compliance with the conditions. The order shall set a date for disconnection of utility services if the conditions are not complied with. b. If the decision is to deny the appeal,the Appeals Board shall set a date for disconnection of services. G. If an appeal is denied, or upheld subject to conditions, neither the denial nor the conditions are subject to further appeal, and service shall be disconnected as provided in the decision of the Appeals Board unless payment is made or the conditions approved by the Appeals Board are complied with.No additional appeals will be accepted or granted until the decision of the Appeals Board has been complied with. H. The Appeals Board shall consist of the following three members: a. The ERMU General Manager b. The ERMU Finance Director c. The ERMU Credit& Collections Specialist Adopted February 15, 2011 GP: 2928087 vl 74 7.0 Disconnections A. If a customer does not respond to a disconnection notice,the customer will not be disconnected until ERMU has investigated whether the residential unit is actually occupied. If the unit is found to be occupied, ERMU will immediately inform the occupant of the provisions of this Cold Weather Rule policy. If the unit is unoccupied, ERMU will give seven days written notice of the proposed disconnection to the local energy assistance provider before making a disconnection. B. Between October 15 and April 15, disconnections will not occur: a. On a Friday; b. On a weekend,holiday or the day before a holiday; c. When ERMU offices are closed; or d. After the close of business. 8.0 Reconnection A. If utility service is disconnected, service will not be reconnected until: a. All delinquent amounts are brought current, unless a payment agreement is entered into as provided above; b. A deposit is provided as required by ERMU's deposit policy; and c. A reconnection fee is paid as provided by the ERMU fee schedule. B. If the above conditions are met, utility services will be reconnected as soon as practicable during normal business hours. Adopted February 15,2011 GP: 2928087 vl 75 "/ Elk River ------ Municipal Utilities A.6—Customer Deposit Policy 1.0 Policy In order to protect all customers from those customers who default on their accounts, customer accounts may be subject to this deposit with Elk River Municipal Utilities (ERMU). Deposit Required: All residential, commercial and industrial customers of ERMU will be required to submit a deposit in the acceptable form set forth below subject to the exceptions set forth below. In addition, existing customers who have been disconnected by ERMU for non-payment of amounts due shall be required to submit a deposit in addition to all amounts owed before service will be reconnected. Existing customers who are establishing a new account or adding an additional account are also subject to the deposit policy. Failure to submit the required deposit at the time of application for commercial accounts, or when due for residential accounts, shall be cause for ERMU to immediately terminate service. Amount of Deposit: Residential Customers: The amount required to be deposited for residential services shall be: $100 for apartments $100 for water and sewer service $150 for electric service $250 for all services Commercial Customers: The amount required to be deposited for commercial and industrial services shall generally be equal to two times ERMU's estimate of the customer's highest monthly utility bill. For commercial and industrial customers on the non-demand rate,the minimum deposit will be $250. For customers on the demand electric rate,the minimum deposit will be $1,000. ERMU may increase or decrease the security deposit based on assessment of risk. 1 76 Form of Deposit: The deposit shall be in the form of a cash deposit or an irrevocable letter of credit. If in the form of an irrevocable letter of credit,the letter of credit shall be renewed at least 30 days prior to its expiration. Failure to renew a letter of credit will result in the letter of credit being drawn on and the cash recovered from the letter of credit being held by ERMU as a cash deposit. If ERMU is not able to draw on the letter of credit,the customer shall submit a cash deposit prior to expiration of the letter of credit. Failure to submit the required deposit shall be cause for immediate termination of service by ERMU. Receipt for Deposit: At the time the deposit is made ERMU will furnish the customer with a written receipt specifying the conditions, if any,the deposit will be diminished upon return. Return of Deposit: Any deposit received by ERMU shall be returned to the customer within 45 days of termination of service,provided that the customer has paid in full all amounts due on the account. If the customer has not paid in full within 30 days of the termination of service,the deposit will be applied to any outstanding amounts owed by the customer to ERMU. If the deposit exceeds the amount due,the balance will be returned to the customer. If the deposit is not sufficient to cover the amount due, the customer shall remain liable to ERMU for the balance and shall pay the balance due within 15 days of notice from ERMU. ERMU reserves the right to use reasonable legal means to collect amounts due. Interest on Deposits: Interest shall be paid on all deposits in excess of$20 at the rate established by Minnesota Statutes. ERMU may, at its option,pay the interest at intervals it chooses, but at least annually,by direct payment or as a credit on the customer's account. Submission of and Exceptions to Deposit Requirement: A. Residential Customers. Residential customers may submit the required deposit at the time service is requested, or have the deposit billed with the customer's first bill for services provided. Failure to pay a deposit when billed shall be cause for ERMU to immediately terminate service. ERMU may, in its discretion,waive the required deposit for residential customers if the customer consents to ERMU's collection of credit history data on the customer, the customer's credit score is above 90 percent probability of non-default, and the customer has no history of disconnection for non payment to ERMU, and no history of late payments to ERMU two times in 12 months. B. Commercial and Industrial Customers. All commercial and industrial customers will complete an application for service that identifies the individual or business entity that will be entering into a service agreement and will pay an application fee per the fee schedule. All commercial and industrial customers shall submit the required deposit and enter into a service agreement 2 77 with ERMU prior to the time service is desired. The service agreement shall be an agreement on the part of the individual or business entity to make payment of all amounts billed by ERMU for electric,water and sewer services, and to be liable for any default or non-payment of amounts billed by ERMU. ERMU may, in its discretion,reduce or increase the required deposit for commercial and industrial customers if a service agreement is executed by the customer,the customer has provided ERMU with sufficient information to allow ERMU to analyze the credit risk of the individual or business entity executing the service agreement, and ERMU, in its sole discretion, determines to reduce or increase the deposit required based on its analysis. Adopted 3/9/2010 Revised 2/14/2012 Revised 6/16/2015 Revised 2/9/2016 Revised 1/9/2018 GP:2740880 v4 7 78 Elk River Municipal Utilities A.7—Customer List Procedure 1.0 Customer List Procedure Municipal electric utility data are classified as private or nonpublic information under Minn. Stat. 13.03, subd. 1. The Department of Administration (DOA) advised that if the city is supplying electric services (with or without the addition of other utility services) to a particular customer, the name of that customer are private data. However, if the city is supplying only water and sewer services to a particular customer, the name and address of that customer are public data. 79 "j Elk River Municipal Utilities A.8 - Emergency Closing Procedure 1.0 Procedure for Emergency Closings A. If adverse weather or other emergency conditions exist during normal business hours of the Elk River Municipal Utilities,the General Manager may declare that a state of emergency exists.All employees will be notified. B. When a state of emergency is declared, each individual employee may determine whether he/she will remain on the job or be excused. The Utility recognizes that the safety and health of employees and their dependents will have priority. Any employee who determines that their safety or the safety of their dependents may be placed in jeopardy if the employee remains on the job shall be authorized to leave. Any employee so excused must utilize vacation or compensatory time for the time missed from work. If such employee has neither vacation nor compensatory time,then the time absent shall be leave without pay. C. Each Supervisor shall determine whether or not that department retains sufficient staffing levels to remain open. In the even that a Supervisor chooses to close his/her department during normal business hours, the General manager will immediately be notified of such closing. D. This policy is developed with the assumption that a compete closing of all Utility facilities during normal business hours shall not occur. However,the General Manager and the President of the Utilities Commission retain the authority to deviate from this policy if deemed necessary by these authorities. In this case,there will be no loss of pay or time to the employee if a general halt to operations occurs. E. This policy does not apply to those departments and employees expected to remain on duty during adverse weather or other emergency events. 80 Elk River Municipal U Emergency Procedures Guide Elk River Municipal Utilities 13069 Orono Parkway Elk River, MN 55330 Prepared by Management April 1999, revised April 2005 81 TABLE OF CONTENTS PAGE Accidents/Medical Emergencies 4 Bomb Threats 5 Disturbances .. 9 Evacuation 11 Fire/Smoke/Explosion 13 Severe Weather/Shelter/Power Outage 14 Emergencycall list 18 Instructions for making 911 calls 19 Maps Evacuation Routes and Severe Weather Shelters... ... ... 21 1 82 EMERGENCY PROCEDURES GUIDE The Emergency Procedures Guide is designed to provide at-a-glance instruction to employees in the event of an emergency. Emergency preparation is essential. Read the reference information and procedures in this manual. In addition to the Guide, all employees are strongly encouraged to become familiar with the building, the corridors, exits, and parking areas. Doing so may help employees better handle emergency situations. Emergency procedures are designed to provide guidance to those having responsibility for the safety of Elk River Municipal Utilities employees and users of our facilities. Department heads and supervisors of individual buildings or facilities have the prime responsibility for dissemination of emergency procedures to their staffs. Each department should tailor the Guide for their own use. In addition, they must set up a clearly defined chain of command so the safety procedures are carried out in case of their absence from the building. Conditions which may jeopardize life and property can occur quickly. Time is an essential tool in preventing injuries, loss of life, and property damage. Do not hesitate to report a fire or other emergency condition as soon as one is suspected. FOR ALL `£MERGENC'IES:' ' :': :::.::: CALL' 911 2 83 TO EACH EMPLOYEE: The Elk River Municipal Utilities and the Utility Commission recognize that the employees of the Utilities are their most valuable resource and want to assure, as much as possible, every employee, safe and healthful working conditions. To accomplish this, the Elk River Municipal Utilities Safety Program was adopted. The Safety Program specifically emphasizes the importance of identifying and informing employees of hazards and operational procedures. Therefore, to facilitate the Safety Program and to comply with OSHA Code of Federal Regulations §1910.38, an Emergency Procedures Manual has been developed. The Emergency Procedures Manual is intended to familiarize employees with the emergency procedures in the event of a facility disaster. No single disaster plan can meet all the needs of every utility-owned facility. Therefore, this manual was designed to standardize utility building facility disaster plans to the greatest extent possible. Additional information and assistance for further implementation of this Emergency Manual may be obtained from Emergency Management Personnel. During emergencies or disasters, these procedures have been established to: 1. Ensure and protect the safety of the public and employees. 2. Protect public investment in utility facilities. 3. Emphasize the importance of city-wide planning, training, and coordination of emergency procedures. 4. Provide recommended procedures for effective response to minor emergencies, as well as major natural or man-made disasters. 5. Stimulate a system for development of staff training and evaluation of utility emergency procedures. 6. Provide an emergency procedure manual to all employees. Fire and medical emergency conditions can be reported by any utility employee. It is each department head's responsibility to familiarize all utility employees with these procedures. It is also the individual department's responsibility to ensure that all supervisory personnel are trained in these activities. 3 84 ACCIDENTSJMEDICAL EMERGENCIES In the event of an accident or illness involving an employee or visitor, the following steps should be taken: • Call 911 for help. Give your name and telephone number. Tell the dispatcher the exact location and nature of the emergency. • Arrange to have someone meet emergency responders and direct them to the scene. If alone, stay with the injured person and wait for the emergency personnel. • Do not move the injured or ill person. Try to make the person comfortable until the emergency personnel arrive. • Do not compromise your own safety with regard to bloodborne pathogens. • In the case of serious injury or illness, the immediate concern is to aid the injured or sick individual(s). • Protect the privacy and dignity of the individual. • Notify the employee's supervisor and provide as many details as possible. • Following the accident, if an employee was injured, complete a "First Report of Injury Form" and a "Supervisor's Report of Accident Form," then forward both forms to the Finance Department. 4 85 ELK RIVER MUNICIPAL UTILITIES BOMB THREAT PROCEDURE Purpose: To plan for incidents involving bomb threats or suspected explosive devices which may be located in or adjacent to Elk River Municipal Utilities facilities. Call Taker Responsibility: The person who receives the call involving a threat towards the utility, must remain calm. If possible, have someone else assist you in monitoring the call. Record the call if possible. If recording is not possible, write down exactly what the caller says. Make note of the extension number that the call came in on. Ask the following questions: 1. Tell the caller that the explosion may injure or kill innocent people. Record their response. 2. Where is the device, and is there more than one? Ask for an exact location(s). 3. What does the device(s) look like? 4. What is the size of the device(s)? 5. What will cause the device(s) to go off? 6. What time will it(they) go off? 7. How can we stop the device(s) from going off? 8. What type of explosive is being used? 9. Why did you plant the bomb(s)? Who are you upset with? What are you upset about? 10. What is your name? 11. What is your phone number? 12. Are you in the building now? 13. Do you have any other information you want to share with us? 14. Try to keep the caller on the phone. Have another employee call 911 to report the call and establish a possible trace. If the caller hangs up-DO NOT hang up your phone. 5 86 Make notes on the caller's voice: Male Adult Accent Repeated Phrases Female Child Speech Other Listen for other clues such as background noise: Music Airplanes Trains People talking Traffic Machines Children TV Other 15. In the event of a bomb threat, IMMEDIATELY call 911 from a different phone. a) State, "I have just received a bomb threat." b) Give your name, address, and phone number. c) Give the building name, floor, or department where the bomb was reported to be. d) Give any other information you may have received. 16. If you think a suspicious device or bomb is in your work area, or if you have discovered a suspicious package, notify your supervisor immediately even if no threat had been received. a) All personnel should make a quick check of their respective work areas to determine if anything unusual is present. Do not touch, move or open any packages, boxes, envelopes or suspicious objects. b) Immediately report any suspicious items to your Supervisor or Department Head. c) The Supervisor should report to the General Manager or his/her designee, as well as the responding police officers, the location of the suspicious items. 17. Let the search team know if your work area appears clear. 18. If directed to leave the building, evacuate and report to the designated assembly area. 19. Evacuation will be accomplished by means other than a general fire alarm. A voice page may be used, but the word"bomb" should not be used in the evacuation message as it would cause undue alarm and panic. The voice page shall include, for example, the following message: "May I have your attention please, all employees and visitors shall evacuate the building as quickly and safely as possible. Immediately proceed to the designated assembly area outside of the building. Further information will be given when everyone has safely evacuated outside to the designated assembly area. Thank you." 6 87 INVESTIGATION: 1. Upon calling 911, the Elk River Police Department is dispatched to the call location. 2. The police will assist personnel in a search of the building. 3. Depending on the nature of the call, or whether a device has been found, an evacuation may take place. 4. Police will contact the call taker to receive more information on the caller and the call itself. FOLLOW-UP: 1. It is essential to gather at the designated assembly area to ensure that all employees have made it outside the building. This will also allow search teams a chance to inquire about objects found within your work area. 2. When leaving your work area, leave all doors and locked areas open. Be available with keys in case something needs to be unlocked. 3. Do not re-enter the building unless the "all clear" has been given by the General Manager or his/her designee. 4. Do not leave the evacuation point until told to do so by a supervisor. The Elk River Municipal Utilities desires to make every employee as safe and comfortable as possible during these types of events. If evacuation is deemed necessary, each employee will be paid as they would for their normal shift. Depending on the nature of the threat, immediacy of the situation, or other factors, the facility may not be evacuated. In that case, should an employee desire,they may opt to take the remaining portion of the shift off by using vacation or comp time. 7 88 BOMB THREAT RESPONSE FORM To be completed immediately by person receiving the threat. Time call received: ❑ a.m. ❑ p.m. Date Telephone number call came in on: Call received by: EXACT WORDING OF THE THREAT: QUESTIONS TO ASK THE CALLER: When will the bomb explode? Where is it now? What does it look like? What will cause it to explode? Why was the bomb put here? Who are you? DESCRIPTION OF THE CALLER: ❑ Male ❑ Female Young Li Old ❑ Middle-Age n Other VOICE: Deep [ I Soft Raspy ❑Accent U Nervous ❑ Normal If voice is familiar, who did it sound like? BACKGROUND NOISE: ❑ None U Traffic rl Noise Long Distance ❑ Music I I Office Machines LI Voices ❑ P.A. System Factory Machines n Animal Noises ❑ Static ['Other Sounds THREAT LANGUAGE: Well-spoken I I Foul Irrational Message read by caller U Taped ❑ Incoherent 8 89 DISTURBANCES/HOSTILE CONFRONTATION/HOSTAGE/SHOOTING Although similar in nature to other threats, physical hostile confrontation is an immediate life threatening danger which is totally unprovoked and unpredictable. Hostile confrontations include, but are not limited to: robbery, violent/hostile customers, and terroristic acts. Each situation will be handled on an individual basis. In general, utility personnel will not participate in the handling or resolution of this type of activity. Trained personnel from the Elk River Police Department will be in charge of handling any disturbance/hostile confrontation. The following procedures should be considered only when the situation becomes so serious as to be assessed as a threat to the safety and well-being of utility employees and/or visitors to the utilities. DO: 1. In the event you are confronted by a person with a weapon or an explosive device, or a person claiming to have a weapon or device - Remain calm. Your reaction to the situation can provoke the hostile person. 2. Listen to all demands - do not disagree or attempt to reason with them. 3. If you have access to something the perpetrator demands - move slowly keeping your hands visible to them at all times and give them whatever they request. Do as requested and remain calm and quiet. 4. If you observe a hostile confrontation in progress - do not get involved. Calmly move away from the area-providing it is safe to do so. Once clear, notify the authorities by dialing 911. 5. Completely describe what you observed, how many individuals are involved and the exact location of the activity. 6. Be prepared to seek protection under desks, behind solid walls or objects, and stay low to the floor. 7. Notify the General Manager or, in his/her absence, his/her designee. 8. Employees who witness disorderly events should record the facts as soon as possible. 9 90 9. Good judgment and common sense will minimize the disturbance. • Acts of hostility are unprovoked and extremely dangerous. • Remain calm and quiet. • Move slowly and keep hands visible at all times. • Make no attempt to subdue or intimidate terrorists • Comply with all demands without hesitation or question. • Notify authorities by dialing 911 providing it is safe to do so. • Be prepared to seek immediate shelter. • Wait for explicit instructions unless you can safely leave the building without antagonizing or provoking violence. • Exercise extreme caution at all times. 10 91 EVACUATION INFORMATION In general, a building evacuation will be initiated by the audible/visual fire alarm system in each facility. Under certain circumstances such as terrorist activity, a silent evacuation will be used. You should remember the following: DO: 1. Follow the evacuation instructions for your area. 2. Close all doors when exiting. 3. Walk in an orderly manner. Bring any visitors with you. 4. When evacuating, proceed to the nearest exit and exit the building. Be ready to merge with other people evacuating and watch for emergency personnel entering the building. 5. Report to the designated assembly area and remain there until you receive further instructions from the General Manager or his/her designee. 6. Account for all persons known to have been in your area at the time of evacuation. Is everyone out? 7. If there are no patrol officers to direct people crossing the street safely, a few individuals should take it upon themselves to stop traffic, although this should be done with extreme care. Patrol officers will arrive soon. DON'T: 1. Do not run or panic. 2. Once you have left your work area, do not return for personal items such as: purses, coats, etc... . 3. Do not re-enter utilities buildings until advised to do so by the General Manager or his/her designee. 4. Do not leave for the day unless authorized to do so by your Department Head. 5. Do not proceed to another area of the building in order to evacuate with friends. Information concerning this event shall be communicated to your Department Head/Supervisor by a Police Department Representative. 11 92 EMERGENCY MANAGEMENT RESPONSIBILITIES OF PERSONNEL Department Head/Alternate • Respond to emergency and initiate appropriate course of action such as partial or complete evacuation and isolation of area. • Notify Fire/Police/EMS. Call 911. • Ensure that the audible/visual/fire alarm system has been initiated to evacuate the building. • Respond to departmental designated assembly area and await report of"all clear" from area sweepers. An "all clear" indicates that all personnel assigned in this area have been accounted for. • It shall be the department head/supervisors responsibility to make sure the employees are evacuated from the building, and that they remain at the designated assembly area. • Develop a list of employees who respond to your designated assembly area. • Maintain order in the designated assembly area. • Maintain current departmental emergency procedures and organization roster. • Conduct periodic meetings to maintain continuity of program. Area Sweepers(Police Department Assigned Personnel.) • Ensure Department Head and/or alternate has responded to the emergency audible/visual fire alarm. • Upon notification of emergency, move through assigned area making sure all occupants and visitors have evacuated the area. • Close, but do not lock, doors as sweep is completed. • Sweep must include restrooms, conference rooms, copier rooms, and storage areas. • Report successful evacuation to the Department Head and/or alternate at the designated assembly area. 12 93 FIREISMOKE/EXPLOSIONIGAS EMERGENCIES • Notify employees in area of emergency, evacuate if necessary. • Call 911 to notify fire department. - Give your name and telephone number. -Exact location of the fire. -What is on fire? -What is the size of the fire? • Activate alarm system at nearest exit. • Employees should walk to their designated assembly area. • If a visitor or an employee from a different area of the building is with you, direct them to accompany you as you evacuate. Considerations • Do not panic- keep calm. • Close, but do not lock, your door. • Department heads/alternates are responsible to ensure a complete evacuation of their area until an "all clear" is issued. Account for all persons in the area at the time of the alarm activation. Is everyone out? • Evacuate the building and go to your designated assembly area or at least 500 feet from the building. See map at the back of the book. Busses will be called to the Utilities office to shelter employees if weather conditions warrant it. DO NOT GO TO YOUR VEHICLE. • Do not re-enter the utility office until permission is granted from the General Manager or his/her designee. • Your safety comes first. • Everyone must leave the building. 13 94 SEVERE WEATHER Blizzards • In the event that blizzard conditions occur prior to the normal start times for utility employees, you should listen to your radio prior to leaving home. (WCCO 830 AM is the recommended station.) The severe weather policy should be followed. • The General Manager or his/her designee, is the responsible authority to cancel all or part of a normal work day. • If a blizzard develops during normal business hours, the General Manager or his/her designee is the responsible authority to close the Utilities Office. Tornado Watch • A Watch means... Conditions are present for severe weather, such as a tornado, to occur. • Continue normal routine. Be alert for changing weather conditions. Tune into commercial radio or television for updates. • The General Manager or his/her designee will notify all department heads when a tornado watch has been established and when it has been lifted. Tornado Warning • A Warning means...A funnel cloud has been spotted, or a tornado has touched the ground, or winds in excess of 70 mph have been recorded. Outdoor warning sirens shall be sounded. • Updated information will be provided by WCCO 830 AM Radio and the Public Safety Communications Network. • Upon receiving notification, the city hall receptionist will make an announcement over the intercom. The announcement may read, "A tornado warning has been issued for the Elk River area. The designated shelter areas are open for employees and visitors." • Receptionist should let Representative/Member of Congress know of the tornado warning. During the appropriate seasons of the year, pamphlets and posters on tornadoes, severe windstorms, and blizzards shall be provided by supervisors so that all of their employees are properly informed. 14 95 SEVERE WEATHER In the event your building or geographical area is threatened by a severe storm or tornado,the National Weather Service will make an announcement. Severe weather safety requires knowledge in advance where the designated shelter areas are located. Employee and visitor designated shelter areas are marked in the Utilities Office. WHAT TO DO: 1. Turn off lights, calculators, typewriters, computers, etc... , if time permits; for example, if there is a tornado at the Sherburne County Courthouse you do not want to take time to turn off any equipment. Leave your office/work station and proceed to the designated shelter area using the tornado shelter route. See "Severe Weather Shelter Map," located on page 21. a) If you are in an unfamiliar area of the building, follow the people around you to the designated shelter area. b) If a visitor or an employee from a different area of the building is with you, direct them to accompany you as you evacuate. c) If you become trapped in your office, stay away from any windows and crawl underneath any heavy object and protect your head. Curl up so that your head and eyes are protected. 2. Stay away from the outer walls of the building and exterior glass and doorways. 3. Close all doors leading to the designated shelter area once safely inside. 4. Remain in your shelter area until notified by the General Manager or his/her designee. In the event that sheltering is necessary for utility employees, department heads will be responsible for clearing their respective area of assigned personnel. The following key factors will help you select the best shelter area in your building. 15 96 SHELTER AREAS: • Go to the lowest level, most interior area such as a stairwell, inner hallway, or small interior rooms. • Stay away from windows. • Avoid upper levels and outside walls with windows. • Stay away from building entrances. • For immediate shelter, take cover under a sturdy table or workbench in a protected area away from doors and windows. • Remember, most building shelters are much safer than being in a car, a mobile home, or outside. • Your personal safety is most important. • Stay calm, but move to safety in a quick manner. • Walk in an orderly manner, bring any visitors with you. • Seek shelter in designated shelter areas. • Listen for further instructions from the General Manager or his/her designee. 16 97 POWER OUTAGE Loss of power can be caused by any number of natural or man-made disasters. The Elk River Municipal Utilities is equipped with an emergency power source that supplies the emergency lights, exit lighting, emergency telephones, and the fire alarm system. To minimize the effects of a power failure: DO: • Unplug or turn off electrical equipment that was in use when the power went off in your immediate area. This includes computers, typewriters, adding machines, desk lights, or any other equipment that can be shut down. • If you are advised to leave the area, follow your evacuation route and wait at the designated assembly area for further instructions. • Leave at least one light switch on so you will know when the power is restored. THIS IS WHAT HAPPENS: Emergency power will light the exit signs and emergency lights. Emergency personnel will assist as necessary. Power will be restored as soon as possible. Do not panic. Remain calm and let your eyes adjust to the darkened condition. Do not move around. Remain where you are and wait for an announcement of the conditions. Turning off the electrical equipment helps prevent a large surge of electric demand at the moment service returns. The surge could damage your electrical equipment and could damage the electric distribution system and so prolong the outage. 17 98 EMERGENCY CALL LIST Fire Department 911 Ambulance/Hospital 911 Police Department 911 OTHER EMERGENCY CONTACTS/NOTIFICATIONS Work Home 18 99 Prepare copies and post at/near each phone INSTRUCTIONS FOR MAKING 911 CALLS Be prepared to provide the following information: 1. Location of the emergency, including facility name and address. 2. Caller's name. 3. Phone number from which the call is being made. 4. Type of emergency • Fire • Medical • Rescue • Hazardous material • Criminal act 5. Extent of emergency • How many people are injured/ type and extent of injuries • Fire in/ out of control • Confined space rescue • Uncontrolled hazardous material release b. Any other important information Do not hang up first. Let the person you called hang up first. After making the call 1. Station someone to flag emergency response vehicles and direct responders to the scene of the emergency 2. Be prepared to provide additional information • Material safety data sheet(s) • Confined space entry permit • Facility floor plans 19 100 Prepare copies and post at/near each phone EMERGENCY ESCAPE ROUTES See Mapping throughout building for Routes to Exit. 20 101 — 1 [9 WL lAtuuld ot.02,-+ -7-v- firt•4-141- po-efireaS I: --G,-----t---. ..-------;i4.--a; --- -- -] 6LrLa., bLitiikd *W. ,. t.v.t.s4A- o4 ot&Qualm, : t ; •:;.,.. :•:,; - ;A: ,:;.;:r ,.. , ....,:' V i.,, ' fi.,....'•. „,.../ I; '• : .:, '1: .,,IV. ..-44:.i i'. -,..,-4:,, : ,i Oro =1, - .,:, I .,..,. II:. 4 , ...,. !. , ,.-.......1 , ,! x • • 1 0 i - ._.I i,f.•,•.. .g. i- _.____..._.....,_...._.____(:.0L1‘-rj, 7'1_ :I . 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EXIT 2 , • .,..... .‘...-;,- ..• .E,..; X. 1 - x = imIRE G_)a-r-1 f\ic,-1.4t.st-AF-V-5 102 . & - 4 Elk River Municipal Utilities A.10—Financial Reserves Policy 1.0 Purpose and Summary In order to maintain stable rates and provide reliable services, Elk River Municipal Utilities (ERMU)requires financial buffers in the form of reserves to mitigate changes in costs or operational performance. For ERMU there are two utility funds,the Electric Utility and the Water Utility. These funds shall have separate reserves. Their reserve balances shall be classified as either Restricted for Debt Service or Unrestricted Designated Reserve. The target levels for these reserves shall be determined by the criteria herein. These target levels and target criteria will be reviewed annually,modified by Utilities Commission to support the long-term goals of ERMU, and adopted with the annual budget. Unless otherwise specified by bond covenants, these reserve balances shall be invested consistent with ERMU's Investment Policy(policy number 8.20a). 2.0 Electric Utility Reserve Classifications Restricted For Debt Service: This reserve is established to maintain compliance with bond covenants. The target level for this reserve shall be set at the level specified by bond covenants. Unrestricted Designated Reserve: This reserve is established to address the short-term financial variability inherent in operating an Electric Utility. Potential sources of this variability include but are not limited to: risks associated with natural disasters, reduction in overall customer usage, changes in total system load resulting from the actions of large customers, failure to achieve budgeted levels of net income, changes in cost of purchased power, changes in interest income, and general operational exposures. The target level for this reserve shall be set at the sum of 6 months operating expenditures less depreciation and less purchase power costs,plus the sum of next year's total principal and interest payments,plus one month budgeted average purchase power cost. The balance above this target level shall be unrestricted. I 103 3.0 Water Utility Reserve Classifications Restricted For Debt Service: This reserve is established to maintain compliance with bond covenants. The target level for this reserve shall be set at the level specified by bond covenants. Unrestricted Designated Reserve: This reserve is established to address the short-term financial variability inherent in operating a Water Utility. Potential sources of this variability include but are not limited to: risks associated with natural disasters, reduction in overall customer usage, changes in total system usage resulting from the actions of large customers, failure to achieve budgeted levels of net income, changes in interest income, and general operational exposures. The target level for this reserve shall be set at the sum of 6 months operating expenditures less depreciation plus the sum of next year's total principal and interest payments. The balance above this target level shall be unrestricted. 4.0 Year-end Reserve Balances If the year-end reserve balances are above their target levels after the completion of the year-end audit,these balances shall be unrestricted with a defaulting designation as working capital. The Utilities Commission shall then consider optimal uses of these unrestricted reserves through any of the following but not limited to: working capital, designated for power costs (electric fund only), debt reduction,retention for reserve fund growth for future needs, or use for rate stabilization or reduction. If the year-end reserve balances are below their target levels after the completion of the year-end audit,the Utilities Commission shall consider the balances and plan for their replenishment to target levels in a timely manner. Adopted May 11, 2010 Revised May 10, 2011 2 104 Elk River Municipal Utilities A.11 —Investment Policy 1.0 Policy It is the policy of Elk River Municipal Utilities to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity while conforming to all state and local statutes governing the investment of public funds. 2.0 Scope The investment policy applies to all financial assets of the utility. These funds are accounted for in the utility's Annual Financial Report and include all of the Water and Electric Funds. 3.0 Prudence Investments shall be made with judgment and care under circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard, as defined by Minnesota Statute §356A.04, Subd. 2, and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes,provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 4.0 Objectives All investments shall be limited to those permitted by Minnesota Statute §118A. The primary objectives, in priority order, of the Elk River Municipal Utilities' investment activities shall be: 1 105 4.1 Safety - Investments of the Elk River Municipal Utilities shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that losses on individual securities do not exceed the income generated from the remainder of the portfolio. 4.2 Liquidity-The Elk River Municipal Utilities' investment portfolio will remain sufficiently liquid to enable the Elk River Municipal Utilities to meet all operating requirements which might be reasonably anticipated. 4.3 Return on Investment- The Elk River Municipal Utilities' investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles. The investment strategy will take into account the constraints on risk and cash flow characteristics of the investment portfolio. 4.4 Maintaining the Public's Trust-All officials and employees who are part of the investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction that might impair public confidence in the municipality's ability to govern effectively. 5.0 Delegation of Authority Authority to manage the Elk River Municipal Utilities' investment program is derived from the following: Minnesota Statutes §118A. Management responsibility for the investment program is hereby delegated to a utility committee comprised of the Finance Director, Director of Operations, and a member of the board. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the committee. The committee shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 6.0 Ethics and Conflict of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the investment program, or which could reasonably cause others to question or doubt their ability to make impartial investment decisions. Employees and investment officials shall disclose to the Finance Director any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any personal financial/investment positions that could be related to the performance of the Elk River Municipal Utilities' portfolio. 7.0 Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by credit worthiness,who maintain an office in the State of Minnesota. These may include"primary dealers" or regional dealers that qualify under Securities &Exchange Commission Rule 15c3-1 (uniform net capital rule). All brokers doing business with the Utilities shall have a Broker Certification form on file with the Finance Director in accordance with 2 106 Minnesota Statutes §118A.04, Subd 9. All investments must be placed with brokers whose office is in the State of Minnesota. No investments may be made with out of state brokers. 8.0 Authorized and Suitable Investments Investment instruments authorized and permitted by this policy are as follows: 8.1 Repurchase Agreements—Repurchase agreements consisting of collateral allowable in Section 118A.04. 8.2 United States Securities—Governmental bonds, notes, bills, mortgages (excluding high-risk mortgage-backed securities), and other securities,which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. High risk mortgage-backed securities (which are excluded from investment options for the utility)are defined as follows: A. Interest-only or principal-only mortgage-backed securities; and, B. Any mortgage derivative security that: 1.) Has an expected average life greater than ten years; 2.) Has an expected average life that: C. Will extend by more than four years as the result of an immediate and sustained parallel shift in the yield curve of plus 300 basis points; or D. Will shorten by more than six years as the result of an immediate and sustained parallel shift in the yield curve of minus 300 basis points; or E. Will have an estimated change in price of more than 17 percent as the result of an immediate and sustained parallel shift in the yield curve of plus or minus 300 basis points. 8.3 Minnesota Joint Powers Investment Trust—Agreements or Contracts for 1) shares of a Minnesota joint powers investment trust whose investments are restricted to securities authorized for investment by the government entity, and 2) shares of an investment company registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, as long as the investment company's fund receives the highest credit rating and is rated in one of the two highest risk rating categories by at least one nationally recognized statistical rating organization and is invested in financial instruments with a final maturity of no longer than 13 months. 3 107 8.4 State and Local Securities—State and local government obligations as follows: A. Any security which is a general obligation of any state or local government with taxing powers which is rated"A"or better by a national bond rating service; B. Any security which is a revenue obligation of any state or local government with taxing powers which is rated"AA" or better by a national bond rating service; and, C. A general obligation of the Minnesota Housing Finance Agency which is a moral obligation of the State of Minnesota and is rated"A" or better by a national bond rating agency. 8.5 Commercial Paper—Commercial paper issued by United States corporations or their Canadian subsidiaries that is rated in the highest quality category(e.g.,A-1, P-1,F-1, or D-1 or higher)by at least two nationally recognized rating agencies and matures in 270 days or less. 8.6 Time Deposits—Time deposits that are fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of United States banks. 8.7 Speculative Investments—The Utilities shall not purchase investments that, at the time of purchase, can not be held to maturity. All investments shall be purchased with the intent to hold until maturity. This section shall not be construed to restrict the sale of investments prior to maturity which may be in the best interest of the Utilities. 8.8 Further Restrictions—The Utilities shall not invest in Guaranteed Investment Contracts or Reverse Repurchase Agreements. 9.0 Collateralization Elk River Municipal Utilities will follow Minnesota statutes regarding the use of collateral requirements. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be at least ten percent more than the amount of deposit plus accrued interest at the close of the business day. To the extent that funds deposited are in excess of available federal deposit insurance,the government entity shall require the financial institution to furnish collateral security. All collateral shall be placed in safekeeping in a restricted account at a Federal Reserve Bank, or in an account at a trust department of a commercial bank or other financial institution that is not owned or controlled by the financial institution furnishing the collateral. The selection shall be approved by Elk River Municipal Utilities. 9.1 Assignment_Any collateral pledged shall be accompanied by a written assignment to the government entity from the financial institution. The written assignment shall recite that, upon default,the financial institution shall release to the government entity on demand, free of exchange or any other charges,the collateral pledged. Interest earned on assigned collateral will be remitted to the financial institution so long as it is not in default. The government entity may sell the collateral to recover the amount 4 108 due. Any surplus from the sale of collateral shall be payable to the financial institution, its assigns, or both. 10.0 Safekeeping and Custody 10.1 Investments shall be held in safekeeping with: A. Any Federal Reserve Bank; B. Any bank authorized under the laws of the United States or any state to exercise corporate trust powers, including,but not limited to,the bank from which the investment is purchased; C. A primary reporting dealer in United States government securities to the Federal Reserve Bank of New York; or D. A securities broker/dealer having its principal executive office in Minnesota, licensed pursuant to chapter 80A, or an affiliate of it,regulated by the Securities and Exchange Commission; provided that the government entity's ownership of all securities is evidenced by written acknowledgments identifying the securities by the names of the issuers, maturity dates, interest rates, CUSIP number, or other distinguishing marks. 10.2 Custodial Credit Risk—The Utility will minimize the investment Custodial Risk by permitting brokers that obtained investment for the Utility to hold them only to the extent there is SIPC and excess SIPC coverage available. Securities purchased that exceed available SIPC coverages shall be transferred to the Utility's custodian. 11.0 Diversification/Maturities Elk River Municipal Utilities will diversify its investments by security type and institution. In establishing specific diversification strategies,the following general policies and constraints shall apply: Portfolio maturities shall be staggered to avoid undue concentration of assets at a specific maturity sector,with one broker-dealer or financial institution, or any one type of instrument. The maturities selected shall provide for stability of income and reasonable liquidity. 12.0 Internal Control The Finance Director shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. 5 109 13.0 Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles,taking into account Elk River Municipal Utilities investment risk constraints and cash flow needs. 14.0 Reporting The Finance Director shall prepare an investment report on a periodic basis and include: 1. Listing of individual securities held at the end of the reporting period. 2. Listing of investments by maturity date. 3. Percentage of the total portfolio which each type of investment represents. 4. Market to Market analysis. 5. Rate of return for the quarter. 15.0 Investment Policy Adoption The Elk River Municipal Utilities investment policy shall be adopted by motion of Elk River Municipal Utilities' Commission. The policy shall be reviewed periodically as needed by the Director of Operations and Finance Director, and any modifications made thereto must be approved by Elk River Municipal Utilities' Commission. Adopted September 13, 2005 Revision May 11, 2010 6 110 Elk River -�-� Municipal Utilities A.12—Identity Theft Prevention Program— Red Flags Rule 1.0 Program Adoption A. The Elk River Municipal Utilities ("Utility") developed this Identity Theft Prevention Program ("Program) pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This Program was developed with oversight and approval of the Program Administrator (defined below). After consideration of the size and complexity of the Utility's operations and account systems, and the nature and scope of the Utility's activities, the Program Administrator determined that this Program was appropriate for the Elk River Municipal Utilities and therefore presented it to the Elk River Municipal Utilities Commission for approval of this Program on October 14, 2008. 2.0 Program Purpose and Definitions A. Fulfilling requirements of the Red Flags Rule Under the Red Flag Rule, every financial institution and creditor is required to establish an"Identity Theft Prevention program"tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and 4. Ensure the Program is updated periodically,to reflect changes in risks to customers or to the safety and the soundness of the creditor from Identity Theft. B. Red Flags Rule definitions used in this Program The Red Flags Rule defines "Identity Theft"as "fraud committed or attempted using the identifying information of another person without authority" and a"Red Flag" as 111 "a pattern,practice, or specific activity that indicates the possible existence of Identity Theft." According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule defines creditors to "include finance companies, automobile dealers,mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payments for goods or services, they,too, are to be considered creditors." All the Utility's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a"covered account is: 1. Any account the Utility offers or maintains primarily for personal, family or household purposes,that involves multiple payments or transactions; and 2. Any other account the Utility offers or maintains for which there is a reasonable foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft. "Identifying information" is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information,to identify a specific person," including: name, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number,unique electronic identification number, or routing code. 3.0 Identification of Red Flags A. In order to identify relevant Red Flags,the Utility considers the types of accounts that it offers and maintains,the methods it provides to open its accounts,the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following red flags, in each of the listed categories: a. Notifications and Warnings from Credit Reporting Agencies Red Flags 1. Report of fraud accompanying a credit report; 2. Notice or report from a credit agency of a credit freeze on a customer or applicant; 3. Notice or report from a credit agency of an active duty alert for an applicant; and 4. Indication from a credit report of activity that is inconsistent with a customer's usual pattern or activity. b. Suspicious Documents Red Flags 112 1. Identification document or card that appears to be forged, altered or inauthentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; 3. Other document with information that is not consistent with existing customer information(such as if a person's signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. c. Suspicious Personal Identifying Information Red Flags 1. Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information (for instance, an address not matching an address on a credit report); 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); 5. Social security number presented that is the same as one given by another customer; 6. An address of phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required); 8. A person's identifying information is not consistent with the information that is on file for the customer. d. Suspicious Account Activity or Unusual Use of Account Red Flags 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use (example: very high activity); 4. Mail sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the Utility that a customer is not receiving mail sent by the Utility; 6. Notice to the Utility that an account has unauthorized activity; 7. Breach in the Utility's computer system security; and 8. Unauthorized access to or use of customer account information. e. Alerts from Others Red Flags 113 1. Notice to the Utility from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. 4.0 Detecting Red Flags A. New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account, Utility personnel will take the following steps to obtain and verify the identity of the person opening the account. Detect 1. Require certain identifying information such as name, date of birth,residential or business address,principal place of business for an entity, social security number, driver's license or other identification; 2. Run a credit inquiry(soft credit check)utilizing the Online Utility Exchange database; 3. Verify the customer's identity when conflicting information is presented related to the person(for instance, review a driver's license or other identification card); 4. Review documentation showing the existence of a business entity; and 5. Independently contact the customer. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account: Detect 1. Verify the information of customers if they request information (in person, via telephone,via facsimile, via email); 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing and payment purposes. 5.0 Preventing and Mitigating Identity Theft A. In the event Utility personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: Prevent and Mitigate 1. Continue to monitor an account for evidence of Identity Theft; 2. Contact the customer; 114 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify the Program Administrator for determination of the appropriate step(s)to take; 8. Notify law enforcement; or 9. Determine that no response is warranted under the particular circumstances. P Protect Customer Identifying Information In order to further prevent the likelihood of Identity Theft occurring with respect to Utility accounts,the Utility will take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Keep offices clear of papers containing customer information; 5. Ensure computer virus protection is up to date; and 6. Require and keep only the kids of customer information that are necessary for utility purposes; 7. Have all staff with access to protected information sign off on a customer privacy understanding statement which states that a violation of customers; privacy results in consequences up to, and including,possible termination. 6.0 Program Updates A. The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the Utility from Identity Theft. In doing so, the Program Administrator will consider the Utility's experiences with Identity Theft situations, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, and changes in the Utility's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the program, including the listing of Red Flags, are warranted. If warranted,the Program Administrator will update the Program and present the Utility commission with his or her recommended changes and the Utility Commission will make a determination of whether to accept, modify, or reject those changes to the Program. 7.0 Program Administration A. Oversight 115 Responsibility for developing, implementing and updating this program lies with an Identity Theft Committee for the Utility. The Committee is headed by a Program Administrator(the Finance Director). Two or more other individuals appointed by the head of the Utility or the Program Administrator comprise the remainder of the committee membership. The Program Administrator will be responsible for the Program administration, for ensuring appropriate training of Utility staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. B. Staff Training and Reports Utility staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Review with staff already trained will occur annually. Reporting will be rendered periodically to the Elk River Utilities Commission at least annually. C. Service Provider Arrangements In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. 1. Require, by contract, that service providers have such policies and procedures in place; and 2. Require, by contract, that service providers review the Utility's Program and report any Red Flags to the Program Administrator. D. Non-disclosure of Specific Practices For the effectiveness of this Identity Theft Prevention Program,knowledge about specific Red Flag identification, detection, mitigation and prevention practices must be limited to the Identity Theft Committee who developed this Program and to those employees with a need to know them. Any documents that may have been produced or are produced in order to develop or implement this program that list or describe such specific practices and the information those documents contain are considered "security information"as defined in Minnesota Statutes Section 13.37 and are unavailable to the public because disclosure would be likely to substantially jeopardize the security of information against improper use,that use being to circumvent the Utility's Identity Theft prevention efforts in order to facilitate the commission of Identity Theft. 116 LL-4- Elk River Municipal Utilities A.13 - LFG Tour Procedure 1.0 Landfill Gas Electric Generation Facility Tour&Education Center Use Procedure A. The LFG Electric Generation facility is an operational power plant in an operational power plant in an operational landfill. To minimize the disruption to these facilities and keep our visitors safe,the following procedures shall be followed: a. Tours of the LFG facility and for use of the Environmental Education Center shall be scheduled through ERMU by contacting Bryan Adams of the event at 763-441- 2020. Obtain group name, contact person and telephone number,time of start and end of meeting. There is no cost for use of this facility. b. Tours of the Landfill shall be scheduled through Elk River Landfill by contacting Deb Dehn at 763-441-2464 extension 11. c. Sean Ladd, LFG electric generation operator shall be notified of facility use at 763-441-3680. He will keep a calendar with scheduled events and dispatch keys of necessary. d. Utilize the south gate of the Landfill off Hwy 169, directly west of the wind turbine. Check in at Waste Management's office. e. Park on asphalt immediately adjacent to the ELC or on the asphalt adjacent to the gas flair. Do not block entrance or limit access to landfill trucks or equipment. f. Tour groups of LFG facility shall be confined to building, asphalt or rocked area around building. g. All visitors in the generator room are required to wear hardhats, protective eyewear, and ear plugs. This equipment is provided. Visitors shall be instructed not to touch any equipment while in the control room, compressor room, or generator room. h. Users of the ELC shall be responsible for leaving facility in a clean and orderly manner, turning off lights and locking the door. If leaving after hours, make arrangements with Deb Dehn for lock-up and procedures. 117 Elk River Municipal Utilities A.14—Meter Testing Procedure 1.0 Procedure for Meter Testing A. On complaints concerning high bills, and where a meter check is indicated, the Utility will test the meter using calibration equipment under generally accepted industry procedures. B. If a customer requests the testing of his/her electric and/or water meter because of high bills,they shall deposit with the Utility the sum of$50.00 for this test and it shall be paid prior to testing. C. If the meter is found to be inaccurate within plus or minus three percent(3%),the fee will be retained by the Utility. If the meter is found to be in error beyond these limits,the Utility will bear the cost of testing and return the $50.00 fee and adjust the customer's bill in the amount of the error for the past six(6)month period. 118 I J/ Elk River Municipal Utilities A.15—Natural Gas Line Damage Reporting Procedure 1.0 Natural Gas Line Damage Reporting Procedure A. Shut off equipment. B. Notify our office (Station 1)or Glenn(Utility 2). C. Dial 911 for Emergency Response. D. Notify gas company(Glenn or Station 1 may do this). E. Notify Elk River Police Department through Sherburne County(or any 3600 unity in the area). F. As per Reliant Energy/Minnegasco, DO NOT attempt to stop gas leak. G. Keep yourself and public away from the area. H. Wait for gas company,police, and fire dept. if in a residential area,police may have to evacuate the area. 2.0 Emergency Telephone Numbers A. Connections 763-262-4100 (Big Lake Township Telephone) B. Connexus 763-323-2661 or 763-323-4211 C. Elk River Fire Dept. 763-441-4919 D. Elk River Police 763-441-2323 E. Gopher State One-Call 651-454-0002 I.D. #118 F. Great River Energy 763-241-2340 Dispatch G. Northstar Access 763-633-4672 or After hours 763-633-4120 H. Qwest 1-800-573-1311 Repair I. Reliant Energy/Minnegasco 612-372-5050 J. Sherburne Co. Sheriff Dispatch 763-441-2500 or 763-241-2540 K. Wright Hennepin Coop 763-477-3100 Dispatch 119 POVEIEO / 1' ElkRiver --- NATURE POWERED T O SERVE Municipal Utilities Fax:763-441-8099 Phone:763-441-2020 Payment Arrangements Name: Address: Phone: Account#: **Social Security# **D.O.B *** HIGHLIGHTED AREAS MUST BE FILLED OUT IN ORDER TO BE VALID** Amount $ Date Amount $ Date Amount $ Date Amount $ Date Amount $ Date Amount $ Date Amount $ Date Amount $ Date Amount $ Date Amount $ Date Amount $ Date Amount $ Date Upon signing this form, you the customer are responsible for making the payments as described above. Since arrangements have been made to pay the past due balance of $ , the Elk River Municipal Utilities will not disconnect electric services during the arrangement period unless the payment is under paid or late. Your current utility bill must also be kept current. Entering into this payment arrangement constitutes notice for disconnection of service for default of payment arrangement. If the proper payment is not paid or is late the utilities, at its discretion, may disconnect the electric service. If you are receiving assistance, you must still make regular payments and follow payment arrangement. Customer Signature: You can make payments on line at: www.elkriverutilities.com or 763-441-2020. Date: 120 Elk River Municipal Utilities A.17—Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River 1.0 Purpose and Summary The success of ERMU is linked with the success of our community. And the success of our community is linked with the operation of our city government and ERMU. ERMU was purchased by the City of Elk River in 1945 and separate governance was created per State Statute in 1947. Although governed separately, ERMU is still an important component of our local government and our city services. It is typical for a municipal utility to provide a Payment in Lieu of Taxes (PILOT) and other donations to their city, regardless of a separation of governance. Although typical,this contribution should never inhibit ERMU's ability to make repayment on debt, cause ERMU to become non-competitive, or inhibit needed investment in personnel or infrastructure which may hurt ERMU's ability to meet the needs of their customers. For these reasons the PILOT and other donations should be reviewed at least once every five (5)years by the ERMU Commission. 2.0 Payment in Lieu of Taxes(PILOT) The PILOT transfer from Elk River Municipal Utilities to the City of Elk River shall be four percent(4%) of the revenues generated by ERMU's electric customers within the corporate boundaries of the City of Elk River. 3.0 Donated Electricity Elk River Municipal Utilities shall donate all electricity to the City of Elk River for street lights and signal lights. 4.0 Donated Water Elk River Municipal Utilities shall donate water for use by the Elk River Fire Department (ERFD) for the purpose of extinguishing fires within the City of Elk River and other cities under contract with the ERFD. Page 1 of 2 121 For the purpose of creating ice rinks for public/non-enterprise use, ERMU shall donate water for use by the Elk River Parks Department. Elk River Municipal Utilities shall donate water for the use by the Elk River Streets Department for the use of street sweeping. 5.0 Donated Labor Because of specialized skills and equipment, ERMU may be able to provide a better value to our community by donating labor to the City of Elk River. For example, ERMU has trained employees and the equipment to hang banners where the City does not. In this example, ERMU is able to provide this donated service to the City for less cost than a third party, creating greater value to our community. For such situations, ERMU shall donate labor to the City of Elk River, as appropriate,where a greater value is created for our community and where ERMU is not subjected to undue burden. In addition to hanging banners, other examples include: maintenance of street lighting, relamping signal lights, locating underground fiber optics and/or other facilities, administration costs associated with the billing of city franchise fees, installation of temporary lighting, relamping of city ball field lighting, installation and/or maintenance of city warning sirens, meter reading for wastewater, assistance with tree trimming, etc... Adopted December 6, 1994 Revised June 6, 2008 Revised July 2, 2013 Revised October 13, 2015 Revised January 1, 2016 Revised October 8, 2019 Page 2 of 2 122 Elk River -�--� Municipal Utilities A.18—Privacy Policy 1.0 Customer Privacy Policy A. Elk River Municipal Utilities recognizes our responsibility to keep information about our customers secure and confidential. We are committed to using our best efforts to protect our customers' private information and have taken the following steps to ensure that our customers' privacy is protected. 2.0 Information We Collect A. Elk River Municipal is the sole owner of the information collected from our customers. We collect personally identifiable information, such as name, address, account number, phone number, financial information, social security number, email addresses, etc. that is required for business purposes. This information will be maintained as confidential business information for which access is strictly limited. We do not sell or rent any information to others. We do not disclose any non-public personal information about our customers to any, except as permitted by law. 3.0 Security A. We restrict access to non-public personal information about our customers to those employees who need to now specific information to provide products or services to our customers. Our employees are trained to respect customer privacy and to access customer information only when they have a business reason to know information. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard our customers' non-public personal information. 4.0 Notification A. This policy will be provided to customers as requested. Changes to this privacy policy will occasionally be updated to reflect company and customer needs. Customers will only be notified of policy changes when the changes are substantial and affect current information collection and use policies as described above. 123 ^.,// 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. 124 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 2 125 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 3 126 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 4 127 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. 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 5 128 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 6 129 Elk River Municipal Utilities A.20—Purchase Order Policy 1.0 Purchase Order Policy In an effort to enhance documentation of purchasing materials and/or services,the following procedures shall be implemented: A. Any purchased item(s) or service(s) over$5,000.00 must have a pre-approved purchase order number. The Supervisor of the department will initiate the purchasing process by securing quotations or asking the Purchasing Specialist to secure quotations before the actual item is purchased. The General Manager or his designee will sign all purchase orders. A minimum of two quotations shall be required. B. Items or services under$5,000.00 may be purchased upon authorization of the Supervisor. C. Routine items such as office supplies,hardware, and small automatic parts will not require a purchase order at places of business where an account is established. The Supervisor must authorize purchase and he/she or employee must sign receipt at the place of business and submit such a receipt to the Purchasing Specialist. Revised April 9, 2013 130 Elk River Municipal Utilities MANAGEMENT POLICY Section: Category: Management Administration Policies Policy Reference: Policy Title: A.21 Records Management Policy POLICY: Elk River Municipal Utilities (ERMU)provides for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all ERMU records - regardless of form. The Executive Administrative Manager is responsible for maintaining ERMU records per the State Record Retention Schedule for Minnesota Cities in accordance with the requirements outlined by the State of Minnesota. AUTHORITY: Minnesota Statutes 138.17 and 15.17 establish the authority and assign the responsibility of the records management program and creates the administrative framework through which the purposes of the program are achieved. DESIGNATION OF RECORDS COORDINATORS BY DEPARTMENT MANAGERS: Based on State of Minnesota Statute,the Executive Administrative Manager is responsible for all utility records. Each department manager is responsible for the records their department creates and receives. Each manager shall designate a staff member to serve as a Records Coordinator to administer the Records Management Program for their department. GENERAL RECORDS RETENTION SCHEDULE FOR MINNESOTA CITIES: A Records Retention Schedule is a document used to ensure that records are kept only as long as legally and operationally required, and that obsolete records are disposed of in a systematic and controlled manner. ERMU has adopted the State Record Retention Schedule for Minnesota Cities. Before any record may be destroyed,the records and their retention period must be listed on the State Record Retention Schedule for Minnesota Cities. Records not listed on the adopted schedule may be destroyed only upon completion of a separate administrative process specified in state law as discussed below. Page 1 of 5 131 ERMU Management Policy—A.21 Records Management Policy Electronic Records There is no single retention period that applies to all electronic records such as email. Retention periods are determined by the content, nature, and purpose of the record, and are set based on their legal, fiscal, administrative, and historical values, regardless of the format in which they are kept. Electronic images of record documents are official records and must be managed in accordance with retention requirements specified in the schedule. Cloud Computing Records management requirements apply to public records maintained on the cloud just as they apply when stored on utility-owned hardware. Before using cloud storage ERMU must consider and in some cases ensure: confidentiality, record destruction capability of all copies exceeding retention schedule, location/access, legal/policy compliance (exp. HIPAA, PCI, etc.), e-discovery, interoperability(ensure records are not trapped in a proprietary system that will require considerable expense and effort to move to access), and security. It is important to have the provider demonstrate that they can meet retention requirements and to clearly outline them in the contract with the provider. DEVELOPMENT AND USE OF RECORDS MANAGEMENT POLICY AND PROCEDURES: This policy is designed to enable the Executive Administrative Manager to fulfill the responsibilities outlined by state statute. The policy defines the records management program and assigns the responsibilities and authorities to administer the program. The procedures outline the responsibilities and actions required to implement the program. GOVERNANCE AND RESPONSIBILITIES: Executive Administrative Manager • Provides management oversight of the Records Management Program. • Secures funding to implement and support the ongoing functions of the program. • Provides guidance and oversight in the development of an effective communications strategy to promote the program. • Encourages ongoing adherence to the program by all ERMU employees and elected officials. • Develops procedures to ensure permanent preservation of historically valuable records in accordance with Minnesota Historical Society guidelines. • Provides records management advice and assistance to ERMU departments through the development and implementation of the policy,procedures, and training programs. • Monitors records retention schedules and administrative rules issued by the State of Minnesota and provides documentation as required according to statute/rules. • Designs and implements a communications program to disseminate information concerning state laws, administrative rules, and relevant major litigation that may affect records management. • Provides positive support for the program and the use of the retention schedule by staff and others. Page 2 of 5 132 ERMU Management Policy—A.21 Records Management Policy • Reviews and signs destruction authorization forms for records that have met the retention requirements. Managers • Cooperate with the Executive Administrative Manager to carry out the established policy and procedures. • Assign a Department Records Coordinator to manage records and retention. • Ensure that the transactions of utilities business are properly documented, including services,programs, and duties. • Ensure their staff follows the retention, storage, and destruction requirements of the Records Management Program. Records Coordinators • Assist the Executive Administrative Manager in the review, migration, and purge of records per the State Records Retention Schedule for Minnesota Cities. • Develop and implement filing systems to manage large volumes or groupings of records. • Assist in the review of records that are identified for destruction maintained in the department and the Records Center. • Coordinate and implement the Records Management Program for their department. • Disseminate information to department staff concerning the Records Management Program. DESTRUCTION OF RECORDS UNDER THE RETENTION SCHEDULE: Records Kept in Departments Minnesota law requires that a record of all destruction must be created and maintained. Prior to the destruction of a record, a Records Destruction Request Form must be completed and a signed authorization must be obtained from the department manager and Executive Administrative Manager. The department is responsible for documenting its records destruction. Records in Records Center When records become inactive they may be transferred to the Records Center. A Transfer to Records Center Form must be completed and submitted with the records to the Executive Administrative Manager. When records scheduled for destruction reside in the Records Center, a Records Destruction Request Form is submitted to the department manager for review and approval. The Executive Administrative Manager completes the Records Destruction Request Form to document the destruction of records in the Records Center. Destruction of Records Not on State Records Retention Schedule It is a crime to destroy government records except by the authority provided for in state law. ERMU may not destroy government records that are not listed on the State Records Retention Schedule for Minnesota Cities without specific authorization from the State Records Retention Panel. The panel is made up of the state attorney general, state auditor, and director of the Minnesota Historical Society. Page 3 of 5 133 ERMU Management Policy—A.21 Records Management Policy Under special circumstances, a record not yet listed on the State Records Retention Schedule for Minnesota Cities can be destroyed. The Executive Administrative Assistant must submit a PRI Form -Authority to Destroy Records to the State Records Disposition Panel and receive approval from the panel before these records can be destroyed. SUSPENSION OF RECORDS DESTRUCTION—PENDING LITIGATION, GOVERNMENT INVESTIGATION OR AUDIT: If litigation is pending or threatened,the retention policy must be suspended for the document that could be subject to the litigation(litigation hold). The manager and the records coordinator must review all records prior to destruction to ensure that pending actions (litigation, government investigation, or audit) will not be affected by the destruction. If a department has been notified that litigation, government investigation, or audit is imminent or pending, all destruction must be suspended for records involved with the action. Departments should contact the utilities attorney to clarify the specific records involved in an action to ensure that all record production and discovery obligations can be met. SECURITY ASSESSMENT: At least annually,the responsible authority and department managers will conduct a comprehensive security assessment of any personal information maintained by ERMU. The responsible authorities shall also have all employees within their departments review ERMU's Data Practices policies. The responsible authorities will take measures to assure the employees are staying in compliance with the policies. If ERMU discover a data breach,the responsible authority for that department will give written notice by first class mail of that breach to the person who is the subject of the data. The person must also be informed that ERMU will perform an investigation of the data breach, and instructions on how the report can be accessed after completion. Upon completion of an investigation into any breach in the security of data and final disposition of any disciplinary action, including exhaustion of all rights of appeal under any applicable collective bargaining agreement,the responsible authority shall prepare a report on the facts and results of the investigation. If the breach involves unauthorized access to or acquisition of data by an employee, contractor, or agent of ERMU,the report must at a minimum include: • A description of the type of data that was accessed or acquired. • The number of individuals whose data was improperly accessed or acquired. • The names of each employee responsible for the unauthorized access, if there has been final disposition of disciplinary actions. • The final disposition of any disciplinary action taken as a result. If ERMU discovers circumstances requiring notification under this section of more than 1,000 individuals at one time, ERMU will also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as Page 4 of 5 134 ERMU Management Policy—A.21 Records Management Policy defined in United State Code,title 15, sections 1681a, of the timing, distribution, and content of the notices. Nothing in this section restricts access to not public data by the legislative auditor or state auditor in the performance of official duties. POLICY HISTORY: Established March 13, 2018 Amended August 14, 2018 Page 5 of 5 135 Elk River Municipal Utilities A.22—Returned Un-Paid Items Policy 1.0 Procedure for Returned Un-Paid Items A. Any items given in payment for services that are returned by the bank marked unpaid shall be imposed up to a$30.00 charge (per MN State Statute 604.133), and assessed the penalty of 10% if not paid by the 15 of the month. B. After continued returned payments,Elk River Municipal Utilities reserves the right to notify the customer that checks will no longer be accepted for payment on their account. Further, if the customer receives notice, and continues to submit a check for payment, an administrative fee of$20.00 will be charged to their account. Effective 12/15/1998 REVISED 8/22/2006 REVISED 6/12/2012 136 Elk River Municipal Utilities A.23— Standard Operating Procedures—To Be Developed 137 )..i,,,, Elk River - --1 Municipal Utilities A.24—Management Committees Policy—To Be Developed 138 Elk River Municipal Utilities MANAGEMENT POLICY Section: Category: Management Administration Policies Policy Reference: Policy Title: A.24a Information Security Committee Charter PURPOSE: Information security is managing risks to the confidentiality, integrity, and availability of information using administrative,physical, and technical controls. The Information Security Committee exists to help develop and maintain industry appropriate information security policies and oversight. Because of shared hardware and resources,there exists an overlap and shared risk for ERMU and the City of Elk River operations. So although governed autonomously,this shall be an advisory Committee to both the ERMU's and the City of Elk River's management/leadership teams. MEMBERSHIP: This Committee shall be comprised of equal representation from ERMU and the City. From ERMU this committee shall include: a Commissioner,the General Manager,the field manager, an administrative manager, and an information technology employee. From the City this committee shall include: a Councilmember,the City Administrator, a field manager, an administrative manager, and an information technology employee. At no time shall there be a quorum of the Commission or the Council on the Committee. The Commission shall appoint ERMU's Committee member representatives annually following the Commission election of officers during the March Regular Commission meeting. The Council shall appoint the City's representatives annually in March. The Committee shall elect a chair annually. The General Manager and the City Administrator shall serve as the authorized reporting representatives for their respective governing bodies. ROLE OF THE COMMITTEE CHAIR: The primary role of the Committee Chair is to run the Committee meetings and act as committee secretary. The Committee will adhere to the Current edition of Robert's Rules of Order Newly Revised for all situations to which they are applicable and are not inconsistent with ERMU's bylaws,policies, and any special rules of order that the Commission may adopt; and similarly, Page 1 of 3 139 ERMU Management Policy—A.24a Information Security Committee Charter the Committee action shall not be inconsistent with applicable laws and policies which regulate the Cityof Elk River. The Committee meetings maybe open or closed to employees at the g p p discretion of the Committee Chair. AUTHORITY: Except as established in this Committee Charter,the authority of the Committee is limited to the purpose of research and recommendation to ERMU and City leadership teams. SPECIFIC DUTIES: 1. Policies and Procedures: Assist ERMU and City leadership in the development of information security related policies. Review effectiveness of information security policy implementations. Identify and recommend how to handle non-compliance. Assist with the development of information security related procedures, standards, guidelines, and baselines to the ERMU and City leadership teams. At least annually,provide timely reports including recommendations regarding effectiveness of polices and procedures to ERMU and City leadership teams. 2. Risk Assessment: Review industry appropriate information security trends to maintain an up- to-date perspective on related risks and industry's best practice risk mitigation methods. Identify significant threats and vulnerabilities. Assess the adequacy and coordination of the implementation of information security controls. Recommend methodologies and processes for information security. Evaluate ongoing related legal and regulatory compliance changes. Review incident information and recommend follow-up actions. At least annually,provide timely reports including recommendation regarding risks assessment to ERMU and City leadership teams. 3. Budget Development: Develop data needed for thorough evaluation of proposed information security initiatives for budget preparation and consideration. Information shall include options, risk evaluation, resource requirements, implementation timelines, and costs. At least annually and coordinating with their respective budgeting process schedules,provide timely reports regarding information security initiatives proposed for consideration to ERMU and City leadership teams. 4. Education and Awareness: Function as an information security program champion providing clear direction and unity in ERMU and City leadership teams' support for approved security initiatives and policies. Develop and implement plans and programs to maintain information security awareness. Promote information security education,training, and awareness throughout ERMU and the City. SCHEDULE: At a minimum, the Committee shall meet on an annual basis. Page 2 of 3 140 ERMU Management Policy—A.24a Information Security Committee Charter TERMINATION: The Committee shall exist as a joint effort between ERMU and the City until at such time either the General Manager or the City Administrator dissolve the joint nature of the Committee. POLICY HISTORY: Established August 8, 2017 Page 3 of 3 141 Elk River Municipal Utilities MANAGEMENT POLICY Section: Category: Management Administration Policies Policy Reference: Policy Title: A.25 Data Practices Policy POLICY: It is the policy of Elk River Municipal Utilities (ERMU) to comply with the Minnesota Government Data Practices Act(Minnesota Statutes, Chapter 13), which regulates all government data collected, created, received, maintained, disseminated, or stored by all government entities, regardless of its physical form, storage, media, or conditions of use. ERMU also complies with Minnesota Rules, Chapter 1205. Pursuant to Minnesota Statutes, Sections 13.025, Government Entity Obligation, and 13.03, Access to Government Data, ERMU has established policies and procedures to ensure requests for government data are received and complied with in an appropriate and prompt manner. POLICY HISTORY: Established March 13, 2018 Page 1 of 1 142 Elk River Municipal Utilities DATA PRACTICES POLICY A.25a - Guide for Members of the Public Requesting Information This document is required by Minnesota Statutes, section 13.025, subdivision 2. Right to Access Public Data The Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has,including paper, email, CD-ROMs,photographs,etc. The Data Practices Act also provides that Elk River Municipal Utilities must keep all government data in a way that makes it easy for you,as a member of the public,to access public data.You have the right to look at (inspect), free of charge,all public data that we keep.You also have the right to get copies of public data.The Data Practices Act allows us to charge for copies.You have the right to look at data, free of charge,before deciding to request copies. How to Make a Data Request To look at data or request copies of data that Elk River Municipal Utilities keeps,make a written request. Make your written request for data to the appropriate individual listed in the Data Practices Contacts document on page 4.You may make your written request for data by fax,mail,email,or in person,using the data request form on page 6. If you choose not to use the data request form,your written request should include: • that you,as a member of the public,are making a request for data under the Data Practices Act,Minnesota Statutes,Chapter 13; • whether you would like to look at the data,get copies of the data, or both;and • a clear description of the data you would like to inspect or have copied. Elk River Municipal Utilities cannot require you,as a member of the public,to identify yourself or explain the reason for your data request. However,depending on how you want us to process your request (if, for example,you want us to mail you copies of data),we may need some information about you. If you choose not to give us any identifying information,we will provide you with contact information so you may check on the status of your request. In addition,please keep in mind that if we do not understand your request and have no way to contact you,we will not be able to begin processing your request. How We Respond to a Data Request Upon receiving your written request,we will work to process it. • If we do not have the data,we will notify you in writing as soon as reasonably possible. • If we have the data,but the data are not public,we will notify you in writing as soon as reasonably possible and state which specific law says the data are not public. • If we have the data,and the data are public,we will respond to your request appropriately and promptly,within a reasonable amount of time by doing one of the following: • arrange a date,time,and place to inspect data, for free,if your request is to look at the data, or • provide you with copies of the data as soon as reasonably possible.You may 2 choose to pick up your copies,or we will mail or fax them to you. If you want us to send you the copies,you will need to provide us with an address or fax number. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 5. We also will arrange for your to pre-pay for the copies. If you do not understand some of the data (technical terminology,abbreviations,or acronyms),please let us know.We will give you an explanation if you ask. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data,or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example,if the data you request are on paper only,we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request,we will work with you on the details of your request,including cost and response time. In addition,the Data Practices Act does not require us to answer questions that are not requests for data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. Elk River Municipal Utilities will prepare summary data if you make your request in writing and pre-pay for the cost of creating the data. Upon receiving your written request(you may use the data request form on page 6) we will respond within ten business days with the data or details of when the data will be ready and how much we will charge. 3 Data Practices Contacts Responsible Authority Troy Adams,General Manager 13069 Orono Parkway P.O. Box 430 Elk River,MN 55330 763.441.2020 Fax: 763.441.8099 Email: tadams@ermumn.corn Data Practices Compliance Official Michelle Canterbury,Executive Administrative Manager 13069 Orono Parkway P.O. Box 430 Elk River,MN 55330 763.441.2020 Fax: 763.441.8099 Email:mcanterbury@ermumn.com Data Practices Designees Administration and Finance Department—Theresa Slominski,Administrations Director Electric Department—Mark Fuchs, Operations Director Water Department—Dave Ninow,Water Superintendent Technical Services Department—Mike Tietz,Technical Services Superintendent Conservation and Key Accounts—Tom Sagstetter, Conservation and Key Accounts Manager 4 Copy Costs — Members of the Public Elk River Municipal Utilities charges members of the public for copies of government data.These charges are authorized under Minnesota Statutes, section 13.03,subdivision 3(c). You must pay for the copies before we will give them to you. For 100 or Fewer Paper Copies— 25 Cents per Page 100 or fewer pages of black and white,letter or legal size paper copies cost 25¢ for a one-sided copy, or 500 for a two-sided copy. Most Other Types of Copies —Actual Cost The charge for most other types of copies,when a charge is not set by statute or rule,is the actual cost of searching for and retrieving the data and making the copies. In determining the actual cost of making paper or electronic copies,we factor in employee time, the cost of the materials onto which we are copying the data (paper,CD,DVD,etc.),and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves,such as photographs,we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data,retrieve data,and make copies is set annually in the Elk River Municipal Utilities Fee Schedule. If,because of the subject matter of your request,we find it necessary for a higher-paid employee to search for and retrieve the data,we will calculate the search and retrieval portion of the copy charge at the higher salary/wage. 5 INFORMATION DISCLOSURE REQUEST Elk River Minnesota Government Data Practices Act Municipal Utilities A. COMPLETED BY REQUESTER REQUESTER NAME(LAST, FIRST, M): DATE OF REQUEST: STREET ADDRESS: " P• REFERRED METHOD OF CONTACT: 0 PHONE 0 MAIL 0 EMAIL 0 FAX CITY,STATE,ZIP CODE: PHONE NUMBER: SIGNATURE: " F• AX NUMBER: EMAIL: Note:Elk River Municipal Utilities cannot require you,as a member of the public,to identify yourself or explain the reason foryour data request.However,depending on how you want us to process your request,we may need some information about you.Please keep in mind that if we do not understandyour request and have no way to contact you,we will not be able to begin processing your request. DESCRIPTION OF THE INFORMATION REQUESTED-please describe the data you are requesting as specifically as possible.If you need more space,please use the back of this form or attach additional sheets: B. COMPLETED BY DEPARTMENT DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: A• CTION: ❑Public 0 Non-Public 0 Approved 0 Approved in Part(explain below) ❑Private ❑Protected Non-Public 0 Denied(explain—include statute) ❑Confidential REMARKS OR BASIS FOR DENIAL,INCLUDING STATE STATUTE: Note:According to MS 5 13.03,subd.3,authorises us to charge fees to recover costs to provide copies of data,including costs associated with searching,compiling,copying,mailing,or otherwise transmitting data.Prepayment is required prior to receiving copies of data.We do not charge for inspection of data or for separating not public data from public data. COPY CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION: ❑ None 0 Identification:Driver's License,State ID,Etc. ❑ Pages x.25¢ per page(per side) =$ 0 Comparison with Signature on File ❑ Employee Time(only charge if over 100 pg) =$ 0 Personal Knowledge (15 min minimum) 0 Other: ❑ Other Charges: _$ ❑ Special Rate: (attach explanation) =$ Total Charges: $ AUTHORIZED SIGNATURE: DATE: 6 Elk River M Municipal Utilities DATA PRACTICES POLICY A.25b - Guide for Data Subjects Requesting Information This document further discusses your rights when government entities collect and keep information about you. Minnesota Statutes, section 13.025, subdivision 3,requires us to have this document. Data about You The Data Practices Act (Minnesota Statutes,Chapter 13) says that data subjects have certain rights related to a government entity collecting,creating,and keeping government data about them.You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has,including paper,email, CD-ROMs,photographs,etc. Classification of Data about You The Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private,or confidential. See below for some examples. Public data:We must give public data to anyone who asks;it does not matter who is asking for the data or why.The following is an example of public data about you: Ifyou are an employee of a government entity, the fact that you work for the entity, andyourjob title and bargaining unit is public. Private data:We cannot give private data to the general public,but you have access when the data are about you.The following is an example of private data about you: Your Social Security number.We can share your private data with you,with someone who has your permission,with Elk River Municipal Utilities staff who need the data to do their work, and as permitted by law or court order. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you.The following is an example of confidential data about you: Ifyou register a complaint with a government entity concerning violations of state laws or local ordinances concerning the use of real property,your identity is confidential. We can share confidential data about you with Elk River Municipal Utilities staff who need the data to do their work and to others as permitted by law or court order.We cannot give you access to confidential data. Your Rights under the Data Practices Act Elk River Municipal Utilities must keep all government data in a way that makes it easy for you to access data about you.Also,we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law.As a data subject,you have the following rights: Your Access to Your Data:You have the right to look at(inspect), free of charge,public and private data that we keep about you.You also have the right to get copies of public and private data about you.The Data Practices Act allows us to charge for copies.You have the right to look at data, free of charge,before deciding to request copies. Also,if you ask,we will tell you whether we keep data about you and whether the data are public,private,or confidential. 2 As a parent,you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian,you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask Elk River Municipal Utilities not to give data about them to their parent or guardian. If you are a minor,we will tell you that you have this right.We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data.We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When We Collect Data from You:When we ask you to provide data about yourself that are not public,we must give you a notice.The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually,we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way,or if you ask us to release the data to another person.This permission is called informed consent. If you want us to release data to another person,you may use the consent form we provide. Protecting your Data:The Data Practices Act requires us to protect your data .We have established appropriate safeguards to ensure that your data are safe. When your Data are Inaccurate and/or Incomplete:You have the right to challenge the accuracy and/or completeness of public and private data about you.You also have the right to appeal our decision. If you are a minor,your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data To look at data,or request copies of data that Elk River Municipal Utilities keeps about you, your minor children,or an individual for whom you have been appointed legal guardian,make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts document on page 5.You may make your written request by mail, fax,or email,using the data request form on page8. If you choose not to use the data request form,your written request should include: • that you are making a request,under the Data Practices Act(Minnesota Statutes, Chapter 13),as a data subject, for data about you; • whether you would like to inspect the data,have copies of the data,or both; • a dear description of the data you would like to inspect or have copied;and • identifying information that proves you are the data subject,or data subject's parent/ guardian. Elk River Municipal Utilities requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child,you must show proof that you are the minor's parent. If you are a guardian,you must show legal documentation of your guardianship.Please see the Standards for Verifying Identity document located on page 7. 3 How We Respond to a Data Request Once you make your written request,we will work to process your request. If it is not clear what data you are requesting;we will ask you for clarification. • If we do not have the data,we will notify you in writing within 10 business days. • If we have the data,but the data are confidential or private data that are not about you, we will notify you in writing within 10 business days and state which specific law says you cannot access the data. • If we have the data,and the data are public or private data about you,we will respond to your request within 10 business days,by doing one of the following: a arrange a date,time,and place to inspect data, for free,if your request is to look at the data,or a provide you with copies of the data within 10 business days.You may choose to pick up your copies,or we will mail or fax them to you.We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 6. We also will arrange for you to prepay for the copies. After we have provided you with access to data about you,we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology,abbreviations,or acronyms),please let us know.We will give you an explanation if you ask. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data,or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example,if the data you request are on paper only,we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request,we will work with you on the details of your request,including cost and response time. In addition,we are not required under the Data Practices Act to respond to questions that are not requests for data. 4 Data Practices Contacts Responsible Authority Troy Adams,General Manager 13069 Orono Parkway P.O. Box 430 Elk River,MN 55330 763.441.2020 Fax: 763.441.8099 Email: tadams@ermumn.com Data Practices Compliance Official Michelle Canterbury,Executive Administrative Manager 13069 Orono Parkway P.O. Box 430 Elk River,MN 55330 763.441.2020 Fax: 763.441.8099 Email: mcanterburyaermumn.corn Data Practices Designee(s) Administration and Finance Department—Theresa Slominski,Administrations Director Electric Department—Mark Fuchs,Operations Director Water Department—Dave Ninow,Water Superintendent Technical Services Department—Mike Tietz,Technical Services Superintendent Conservation and Key Accounts—Tom Sagstetter, Conservation and Key Accounts Manager 5 Copy Costs - Data Subjects Elk River Municipal Utilities charges data subjects for copies of government data. These charges are authorized under section 13.04, subdivision 3. You must pay for the copies before we will give them to you. Actual Cost of Making the Copies In determining the actual cost of making paper or electronic copies,we factor in employee time,the cost of the materials onto which we are copying the data (paper, CD,DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves,such as photographs,we will charge you the actual cost we must pay an outside vendor for the copies.These costs are listed in the city's fee schedule. The cost of employee time to make copies is set annually in the Elk River Municipal Utilities Fee Schedule. Per MN Rules 1205.0300,subpart 4: May be included in actual costs May not be included in actual costs Employee time to make copies Employee time to search for and retrieve data for copying Costs of media (paper, CD's DVD's etc) Employee time to separate public from not public data Mailing costs Employee time to redact confidential data or private data about others Employee time to prepare copies (sort,label Costs not related to copying(preparing fax data,remove staples,paper clips,take data cover sheet,invoice,etc) to copier) Costs of reproduction that cannot be done Operating expenses of copier(electricity, by the entity (ex: photos) wear and tear,purchase,rental,etc) Obtaining and returning data to offsite storage Sort or review data if not necessary for copying Sales tax Verify accuracy of data Perform accounting functions Costs related to inspection 6 154 Standards for Verifying Identity The following constitute proof of identity: • An adult individual must provide a valid photo ID,such as• • a state driver's license • a military ID • a passport • a Minnesota ID • a Minnesota tribal ID • A minor individual must provide a valid photo ID,such as • a state driver's license • a military ID • a passport • a Minnesota ID • a Minnesota Tribal ID • a Minnesota school ID ■ The parent or guardian of a minor must provide a valid photo ID and either • a certified copy of the minor's birth certificate or • a certified copy of documents that establish the parent or guardian's relationship to the child, such as o a court order relating to divorce, separation, custody, foster care o a foster care contract o an affidavit of parentage ■ The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as • court order(s) • valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. 7 Elk River : INFORMATION DISCLOSURE REQUEST Municipal Utilities Minnesota Government Data Practices Act A. COMPLETED BY REQUESTER REQUESTER NAME(LAST,FIRST, M): DATE OF REQUEST: STREET ADDRESS: PREFERRED METHOD OF CONTACT: ❑ PHONE ❑ MAIL ❑ EMAIL 0 FAX CITY,STATE,ZIP CODE: PHONE NUMBER: SIGNATURE: FAX NUMBER: EMAIL: Note:Elk River Municipal Utilities cannot require you,as a member of the public,to identii yourself or explain the reason foryour data request.However,depending on how you want us to process your request,we may need some information about you.Please keep in mind that if we do not understand your request and have no way to contact you,we will not be able to begin processingyaur request. DESCRIPTION OF THE INFORMATION REQUESTED-please describe the data you are requesting as specifically as possible.If you need more space,please use the back of this form or attach additional sheets: B. COMPLETED BY DEPARTMENT DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: ❑Public 0 Non-Public ❑ Approved 0 Approved in Part(explain below) ❑Private ❑Protected Non-Public 0 Denied(explain—include statute) ❑Confidential REMARKS OR BASIS FOR DENIAL,INCLUDING STATE STATUTE: Note:According to MS c 13.03,subd.3,authorizes us to charge fees to recover costs to provide copies of data,including costs associated with searching,compiling,copying,mailing or otherwise transmitting data.Prepayment is required prior to receiving copies of data.We do not charge for inspection of data or for separating not public data from public data. COPY CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION: ❑ None 0 Identification:Driver's License,State ID,Etc. ❑ Pages x.25¢ per page(per side) =$ 0 Comparison with Signature on File Cl Employee Time(only charge if over 100 pg) _$ 0 Personal Knowledge (15 min minimum) 0 Other: O Other Charges: =S ❑ Special Rate: (attach explanation) =S Total Charges: $ AUTHORIZED SIGNATURE: DATE: 8 �/ II Elk River Municipal Utilities MANAGEMENT POLICY Section: Category: Management Administration Policies Policy Reference: Policy Title: A.26 Communications Policy PURPOSE: Elk River Municipal Utilities (ERMU) strives to openly provide accurate and timely information in a professional manner in accordance with law regarding public information, records retention, and data practices. The intent is to ensure all communications accurately reflect factual information and is consistent with, and relevant to, our mission,vision, value, and fundamentals. This policy provides guidelines for external ERMU communications including: • Media relations such as requests for interviews, news releases, and media inquiries. • Electronic materials such as websites and social media sites. ERMU also recognizes employees may sometimes comment on utility matters outside of their official roles as an employee of ERMU. Therefore,this policy provides guidelines for employees when communicating as a private citizen on matters pertaining to ERMU business. GUIDELINES FOR OFFICIAL ERMU COMMUNICATIONS: General Requests All staff is responsible for communicating routine information to the public in relation to their specific job duties. Requests for private data or information outside the scope of an individual's job duties should be routed to the appropriate department head or to the data practices authority. Media Requests With the exception of routine events and basic information which is readily available to the public, all requests for interviews or information from the media are to be routed through the general manager or his/her designee. Media requests include anything intended to be published or viewable to others such as television,radio, newspapers, newsletters, and websites. Responding to Media Requests If the request is regarding information about ERMU personnel it is to be directed to the administrations director. Other requests such as potential litigation, controversial issues, an Page 1 of 6 157 ERMU Management Policy—A.26 Communications Policy opinion on a utility matter, or if you are unsure if it is a"routine"question, should be forwarded to your supervisor. An appropriate response would be, "I'm sorry, I don't have the full information regarding that issue. Let me take some basic information and submit your request to the appropriate person who will get back to you as soon as he/she can." Ask the media representative for the following: • Name and organization they are representing • Questions • Deadline • Contact information Communicating on Behalf of ERMU Only the general manager, or his/her designee, or a designee of the board, are authorized to communicate on behalf of ERMU in interviews,publications, news releases, on social media sites, and related communications. If designated to communicate on behalf of the ERMU: • Employees or Commissioners shall identify themselves as a representative of ERMU. • All information must be respectful,professional,truthful, and accurate. • Mistakes: If an error is made, corrections should be sincere and as timely as possible. • Do not engage in speculation. • Do not speak critically about ERMU or others involved in a matter. • Do not speak on topics you are not designated to speak upon. • The general manager, or his/her designee, will be the spokesperson in the event of an emergency or disaster. • Personal opinions don't belong in official ERMU statements. GUIDELINES FOR PERSONAL COMMUNICATIONS: It is important to remember personal communications may reflect on ERMU, especially when commenting on utilities' business. The following guidelines apply to personal communications including social media, newspaper letters to the editor, reader's comments in newspapers, and personal endorsements. • Remember that what you write is public and will be for a very long time. It may also be spread to large audiences. Use common sense when using email or social media sites. It is a good idea to refrain from sending or posting information that you would not want your supervisor or other employees to read, or that you would be embarrassed to see in the newspaper. • ERMU expects its employees to be truthful, courteous, and respectful towards supervisors, co-workers, citizens, customers, and other persons associated with the utility. Do not engage in name-calling or personal attacks. • If you publish something related to ERMU business, identify yourself and use a disclaimer such as, "I am an employee of ERMU. However,these are my own opinions and do not represent those of ERMU." • ERMU resources, working time, or official utility positions cannot be used for personal profit or business interests, or to participate in personal political activity. For example, a lineworker shall not use the ERMU logo, email, or working time to promote his/her side business as an electrician. Page 2 of 6 158 ERMU Management Policy—A.26 Communications Policy • Personal social media account names or email names should not be tied to ERMU. GUIDELINES FOR SOCIAL MEDIA: ERMU believes social media is an important and effective way to reach new audiences and communicate important information to the community and its stakeholders in a timely manner. ERMU has an official Facebook, Twitter, LinkedIn, Instagram, and YouTube page. Additionally, ERMU also maintains an official website. These official social media communication tools have been created with approval by the general manager and are overseen by the executive administrative manager. All current and future social media sites that represent ERMU must adhere to the following general guidelines: • The type of page is "government." • The communications coordinator will standardize and provide all site displays to include the ERMU logo and other pertinent information. • Will be based on a template to include ERMU branding and identity style. The communications coordinator will provide the template. • A social media application shall not be used unless it serves a business purpose, adds to the user experience, comes from a trusted source, and is approved by the executive administrative manager. ERMU wishes to ensure that sanctioned applications are kept to a sustainable number, policies are followed, and branding is consistent. • All passwords must be provided to the executive administrative manager. • Any new social media applications proposed for ERMU use must be approved by the executive administrative manager, IT, and the appropriate department head. • Page visitors shall be notified that the intended page purpose is to serve as a public communication tool and all page information and its list of fans are public records subject to the Minnesota Government Data Practices Act. • Page visitors shall be informed that ERMU reserves the right to remove any comments that include offensive language. • Posted photos or videos of people require permission. Do not post photos that infringe on trademarks, copyrights, etc. Give appropriate photo/video credit. • Do not post information affiliating or advocating ERMU with/for a political party or candidate. • Where possible,posted content should contain links redirecting users to ERMU's official website for in-depth information, forms, etc. • Postings shall be grammatically correct. • ERMU reserves the right to shut down any social media account due to violations of law or ERMU policies, and/or employee termination. • Adhere to areas of your business expertise and provide your perspective on your current activities and those of your industry. • Always think before posting; if it causes you to pause or question if it is appropriate, it most likely should not be posted. • Be aware that by identifying yourself as an ERMU employee you are creating perceptions about yourself and about the utility. Be sure all content associated with you is consistent with your work and ERMU's professional standards. Page 3 of 6 159 ERMU Management Policy—A.26 Communications Policy Monitoring Social Media Pages Successful social media pages require monitoring. Each department utilizing social media tools shall appoint an administrator responsible for monitoring. Due to the nature of our business, it is ERMU's philosophy to handle any conversations or debates offline via a phone call or email. That being said,the following guidelines have been established to help determine when and how to respond. When and How to Respond • If the person has a question, complaint, or wants to debate: If the person making the comment is an ERMU customer, provide their contact information to the department head that can best address their comment offline. A general response to the post should also be made acknowledging the customer's question, or thanking them for their feedback, and telling them that someone will be personally reaching out to them to address their question or complaint. Provide the title of the individual that will be contacting them. If the person making the comment is not an ERMU customer, or their contact information is not available, a general response to the post should be made acknowledging their question, or thanking them for their feedback, and encouraging them to contact the specific department head that can best address their question or complaint. Provide the title of the individual they should contact along with ERMU's general phone number. • If the person leaves a general comment: A comment such as"This video was informative," requires no response. Accuracy and Timeliness ERMU shall make every effort to ensure the accuracy and timeliness of posted information barring factors beyond control including,but not limited to, unauthorized modification of data, transmission errors, browser incompatibilities, information, etc.which can affect the quality of displayed information. ERMU does not guarantee the accuracy of the information provided on its tools and is not liable for reliance on this information. ERMU's timeliness with posts and responses to comments may also vary based on staff availability,therefore a disclaimer shall be posted on any social media site, stating: This social media page is intended to provide information in a timely manner to a wide audience and not as an in-depth or complete source of information. It is an evolving supplement to the official ERMUwebsite,press releases, and in person communications. Responses will typically be posted within office hours and within varying parameters of staff availability. For these reasons, staff may not need to respond to every comment or question posted on the social media site. Administrators responsible for monitoring social media pages may set up automatic email notification when someone posts a comment to a social media site. Page 4 of 6 160 ERMU Management Policy—A.26 Communications Policy Comments The following disclaimer shall be posted on all pages allowing comments: Please note comments expressed on the ERMU's social media tools do not reflect the opinions or positions of ERMU, its employees, or its appointed officials. ERMU reserves the right to remove any comments, questions, or postings containing: • profane language or content • personal attacks, harassments, or threats against any individual or organization • content that promotes,fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin,physical or mental disability or sexual orientation • content not topically related to the particular social medium article being commented upon • support for or against any political campaign or ballot measures • copyright infringements or other legal violations • solicitations of commerce • sexual content or links to sexual content • conduct or encouragement of illegal activity • information that may tend to compromise the safety or security of the public or public systems • content that violates a legal ownership interest of any other party ERMU reserves the right to restrict or remove any content deemed in violation of this social media policy or any applicable law. Often commentators will police themselves;therefore, comments should be removed by ERMU only as a last resort. All removed comments will be saved in a"removed comments" folder for data practices purposes. When a comment is removed, a note will be posted in its place explaining the violation. Records Retention Social media sites are subject to the General Records Retention Schedule for Minnesota Cities and the executive administrative manager shall ensure all data required to be maintained pursuant to the retention schedule for the required retention period are preserved in a format maintaining the integrity of the original record and is easily accessible. All ERMU social media sites shall comply with ERMU policies. Data Ownership All social media communications or messages composed, sent, or received on ERMU equipment in an official capacity is the property of ERMU and will be subject to the Minnesota Government Data Practices Act. This law classifies information as available to the public upon request. ERMU also maintains the sole property rights to any image,video, or audio captured while an ERMU employee is representing ERMU in any capacity. ERMU retains the right to monitor employee's social media use on ERMU equipment and will exercise its rights as necessary. Users should have no expectation of privacy. Social media is not a secure means of communication. Page 5 of 6 161 ERMU Management Policy—A.26 Communications Policy Data Practices Non-public or confidential data shall not be posted per the Minnesota Government Data Practices Act. ERMU's data practices compliance official is responsible for responding completely and accurately to any public records request on social media. Violations of the Policy and Discipline Employees may be disciplined in accordance with ERMU's Employee Manual for violations of this policy. ERMU OFFICAL INTERNET/SOCIAL MEDIA SITES: Facebook https://www.facebook.com/elkrivermunicipalutilities/ Twitter https://www.twitter.com/ERMU_MN Instagram https://www.instagram.com/ermu mn/ Linkedln https://www.linkedin.com/company/elk-river-municipal-utilities Website https://www.ermumn.com YouTube https://www.youtube.com/channel/UCEGIUbysRkcwnPy6Qaa-YPw POLICY HISTORY: Established May 14, 2019 Amended October 8, 2019 Page 6 of 6 162