4.7. SR 02-01-2021Request for Action
To
Item Number
Mayor and Ci T Council
4.7
Agenda Section
Meeting Date
Prepared by
Consent
February 1, 2021
Cal Portner, City Administrator
Item Description
Reviewed by
Accept City Personnel Policy Manual
Reviewed by
Action Requested
Accept, by motion, the updated City Personnel Policy Manual.
Background/Discussion
The City Council reviewed updates to the Personnel Policy Manual in December of 2020.
On January 19, 2021, the Council indicated a consensus for changes to the Leave Accrual Policy and Leave
Donation Policy and for the addition of a new Parental Leave Policy.
The newly accepted policy manual will include the new policies.
Financial Impact
N/A
Mission/Policy/Goal
The Elk River Vision
Attachments
■ City of Elk River Personnel Policy Manual
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
City of Elk River
Personnel Policy Manual
(Revised August 2008)
(Updated August 2010)
(Updated June 2012)
Updated September 2014)
Updated December 2020
rowIHE0 AY
NATURE
TABLE OF CONTENTS
INTRODUCTION............................................................................................................................................................
EQUAL EMPLOYMENT OPPORTUNITY..................................................................................................................2
EMPLOYMENT STATUS DEFINITIONS.....................................................................................................................2
WORKRULES...................................................................................................................................................................3
ORIENTATION PERIOD................................................................................................................................................3
MINNESOTA GOVERNMENT DATA PRACTICES ACT.....................................................................................4
EMPLOYEE RECORDS ADVISORY.............................................................................................................................4
MEDIAREQUESTS...........................................................................................................................................................4
PERSONAL COMMUNICATIONS AND USE OF SOCIAL MEDIA...................................................................5
COMPENSATION............................................................................................................................................................ 6
WORKWEEK....................................................................................................................................................................6
SENIORITY PATROL SHIFT BID..................................................................................................................................6
CITY HALL SUMMER OFFICE HOURS......................................................................................................................6
PAYDAYS.........................................................................................................................................................................7
TIMEKEEPING.................................................................................................................................................................... 7
OVERTIME AND COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES.............................................8
OVERTIME -CALL BACK
PAY................................................................................................................................................................... .
....................................................................................................................................................................... 99
ON -CALL PAY..................................................................................................................................................................9
COMPENSATORY TIME 9
CALL OUT AND PREMIUM PAY 9
TIME OFF FOR EXEMPT EMPLOYEES......................................................................................................................
REPORT OF EMPLOYEE INFORMATION CHANGES........................................................................................
PERFORMANCE APPRAISALS....................................................................................................................................12
ATTENDANCE...............................................................................................................................................................12
REST/MEAL BREAK.......................................................................................................................................................13
EMPLOYMENT OF RELATIVES..................................................................................................................................13
SUPPLEMENTAL EMPLOYMENT...............................................................................................................................13
SEPARATION FROM EMPLOYMENT...........................................................................................................15
QETIDEnnE TRESIGNATION......................................................................................................................................15
TERMINATION...............................................................................................................................................................13
RETIREMENT...................................................................................................................................................................13
LAYOFFS.......................................................................................................................................................................13
SEVERANCEPAY............................................................................................................................................................16
EXIT INTERVIEWS.................................................................................................................................................... 16-�4
LEAVEBENEFITS......................................................................................................................................................15
LEAVES OF AQc--NC—EVACATION LEAVE.............................................................................................................. 17
SICKLEAVE......................................................................................................................................................................18
SICK LEAVE DONATION............................................................................................................................................20
HOLIDAYLEAVE............................................................................................................................................................21
FAMILY AND MEDICAL LEAVE.................................................................................................................................22
FMLA — QUALIFIED EXIGENCY AND MILITARY CAREGIVER LEAVE.........................................................27
PARENTALLEAVE..........................................................................................................................................................26
PREGNANCY AND PARENTING LEAVE...............................................................................................................30
ADOPTIVE PARENTS....................................................................................................................................................27
NURSINGMOTHERS....................................................................................................................................................27
PREGNANCY HEALTH CONDITIONS..................................................................................................................27
SCHOOL CONFERENCE LEAVE POLICY..............................................................................................................31
BONE MARROW DONATION LEAVE...................................................................................................................32
NATIONAL GUARD AND RESERVE MILITARY LEAVE.....................................................................................32
JURY DUTY LEAVE AND COURT APPEARANCES............................................................................................33
VICTIM OR WITNESS LEAVE.....................................................................................................................................34
BEREAVEMENT LEAVE.................................................................................................................................................34
GENERALLEAVE............................................................................................................................................................35
VOTING AND ELECTION JUDGE LEAVE.............................................................................................................35
ADMINISTRATIVE LEAVE............................................................................................................................................35
GENERAL BENEFITS..............................................................................................................................................36
INSURANCE.....................................................................................................................................................................36
RETI REM ENT/PERA........................................................................................................................................................
31
EMPLOYEE DEVELOPMENT/TUITION REIMBURSEMENT...............................................................................37
EMPLOYEE WELLNESS............................................................................................................................................ 3732
GENERAL POLICIES...............................................................................................................................................33
SMOKEING, VAPING, -&AND TOBACCO R€E-POLICY................................................................................38
APPEARANCE AND DRESS........................................................................................................................................33
ELECTRONIC COMMUNICATION DEVICES.......................................................................................................38
TELEPHONEUSE............................................................................................................................................................38
IPAD/TABLET DEVICE..................................................................................................................................................38
EMAIL AND VOICEMAIL USE....................................................................................................................................39
INTERNET ACCESS AND USE...................................................................................................................................39
BANDWIDTH CONSERVATION.............................................................................................................................40
PASSWORDPOLICY....................................................................................................................................................34
TRAVELEXPENSES........................................................................................................................................................40
KEYS AND SECURITY..................................................................................................................................................40
PERSONAL USE AND DISPOSAL OF CITY PROPERTY....................................................................................40
USE OF CITY VEHICLES...............................................................................................................................................41
RESIDENT COMPLAINTS............................................................................................................................................41
EMERGENCY CLOSINGPOLICY..............................................................................................................................42
EMPLOYEE PARTICIPATION IN THE CITY FIRE DEPARTMENT...................................................................42
FIRE CALLS S DURING WORKING HOURS
............................................................................................................42
FIRE CALLS DURING NON WORKING HOURS.
..............................................43
APPLICATION OF FAIR LABOR STANDARDS ACT (FLSA)
43
...........................................................................
EMPLOYEE PARTICIPATION IN THE POLICE RESERVES.................................................................................43
POLITICAL ACTIVITY...................................................................................................................................................43
CANDIDACY...................................................................................................................................................................
43
LABORRELATIONS................................................................................................................................................38
COMMUNICATION......................................................................................................................................................44
DISCIPLINE.......................................................................................................................................................................44
GRIEVANCE PROCEDURE..........................................................................................................................................46
SAFETY.......................................................................................................................................................................41
SAFETY EQUIPMENT REIMBURSEMENTROUCY...............................................................................................49
INCIDENT REPORTING..............................................................................................................................................49
WORKERS' COMPENSATION...................................................................................................................................49
CONDUCT......................................................................................................................................................................
50
ETHICS OF PUBLIC EMPLOYMENT.........................................................................................................................50
ACCEPTINGGIFTS........................................................................................................................................................43
EMPLOYEE ENDORSEMENTS....................................................................................................................................50
CONFLICT OF INTEREST...........................................................................................................................................50
WHISTLEBLOWER PROTECTIONS.........................................................................................................................43
SEXUAL HARASSMENT AND RESPECTFUL WORKPLACE.............................................................................51
WORKPLACE VIOLANCE AND POSSESSION OF DANGEROUS WEAPON............................................48
DEFINITIONS OF SEXUAL AND OTHER FORMS OF HARASSMENT
51
SCOPEOF POLICY
........................................................................................................................................................53
REPORTING HARASSMENT
....................................................................53
CONFIDENTIALITY
55
NO RETALIATION
55
Questie bey
n s
WORKPLACE VIOLENCE56
DRUG AND ALCOHOL POLICY..............................................................................................................................57
PERSONNEL POLICY MANUAL RECEIPT AND ACKNOWLEDGMENTFITNESS ROOM
POLICY..............................................................................................................................59APPENDIX A
FOOT PROTECTION POLICY..............................................................................................................APPENDIX B
PRESCRIPTION SAFETY EYEWEAR POLICY....................................................................................APPENDIX C
Introduction
This policy manual contains personnel policies and procedures for City of Elk River employees.
The city strives to provide an efficient system of personnel administration for its employees. and this
policy manual serves as a guide for administrative actions concerning city personnel matters. It and -is
is not a contract between the city and afty-e€its
employees. The manual attempteds to cover general matters that gefiefaRy apply to
employees, this pehey mffitt and does not cover every situation that may arise.
Other than any applicable collective bargaining agreement, this policy manual replaces and supersedes
any, atid Aall prior manuals, memos, and any other written or oral statements of employment policies and
procedures. Manuals and policies that provide department -specific information remain in effect.
Except as provided by statute or applicable collective bargaining agreement, employment of all city
employees is at -will. At -wills means both the city and its employees have that the employee has the
right to terminatehis of he employment at any time, with or without cause or notice, and that the ei-ty
No representative of the city has the authority to alter the at -will nature of an employee's employment
except the City Council by approval of a written contract of employment executed by the city. No
employee has a protectable property interest in his or her employment with the city.
The policies in this manual shall apply to all-eity employees unless specifically exempted by the City
Council. Consultants rendering professional services on a fee basis are not considered city employees.
The city may add to, modify, or revise portions of this manual as the city deems appropriate, with or
without prior notice.
This manual may be superseded to the extent that it is inconsistent with state or federal statute, a
collective bargaining agreement entered between the city and its employees, or a written contract of
employment signed by the city.
Employment
Equal Employment Opportunity
The City of Elk River is committed to providing equal opportunity in all areas of employment, including
but not limited to recruitment, hiring, demotio— promotion, transfer, selection, lay-off, disciplinary
action, termination, compensation, and selection for training. The city will not discriminate against any
employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual
orientation, gender identity or gender expression, disability age, marital status, genetic information,
status with regard to public assistance, veteran status, familial status, or membership on a local human
rights commission, or lawful participation in the Minnesota Medical Cannabis Patient Registry. T4e-e4y
status,
veteran status, status with Fegard te publie assistanee, physiea-I diesability, aneestry,
The city prohibits discrimination against or harassment of any employee or job applicant on the basis of
protected class status. Employees who participate in discrimination in violation of this policy are subject
to discipline up to and including termination. Retaliation against any employee for making a complaint
under this policy or assisting with investigations of complaints made under this policy is also strictly
prohibited.
Any person who feels that s/he has been discriminated against should contact the city administrator or
Human Resources.
Employment Status Definitions
Full -Time - A regular work schedule consisting of 2,080 hours per year.
Part -Time - A regular work schedule of less than 2,080 hours per year, generally over the 12 months.
Orientation Period - First six months of initial employment, following a promotion, reassignment or
transfer.
Probationary Period — Period of time as defined in a union contract. For paid on -call firefighters, the
probationary period is the first twelve (12) months of initial employment.
Re ar - An employee who has completed his or her Orientation or Probationary Period and works a set
schedule.
Seasonal - A position assigned to work part of the year, typically not for more than one hundred twenty
(120) days in any consecutive 12-month period.
Temporary - A part- or full-time position scheduled to work with a defined start and termination
date or duration of a special project. The position generally does not qualify for benefits�ty
eredit.
Elected or Appointed Official - A person elected as mMayor or Ecouncilmember or a person appointed
by the mMayor and Ecouncil to serve on a city commission or board.
2
Applicant - Any person applying for a paid or volunteer position.
1A7f$ 1 M M r-M
In accepting employment with the City of Elk River, employees become representatives of the city and
are responsible for assisting and serving the residents for whom they work. Employees shall exhibit
conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To
achieve this goal, employees must adhere to established policies, rules, and procedures and follow the
instructions of their supervisors.
All City of Elk River employees are expected to meet the following job requirements:
■ Peffafm assigned duties satisfitetefAy afid to the best of theif abilities at A timesAlways perform
assigned duties satisfactorily and to the best of their abilities.
■ Always render prompt and
courteous service to the public as appropriate.
■ Read, understand, and comply with the rules and regulations as set forth in these Personnel
Policies as well as those of their departments.
■ Conduct themselves with decorum toward both residents and staff and respond to inquiries and
information requests with patience and courtesy.
■ Report all unsafe conditions to the immediate supervisor.
■ Maintain good attendance.
Orientation Period
The Orientation Period is an integral part of the employment process in which the city and the new
employee should consider whether the employment is mutually satisfactory.
The Orientation Period consists of the first six (6) months of employment. During the period, the city
will observe the employee's work to determine whether the employee demonstrates-d-tat s/he is qualified
for the position to which s/he was appointed. Performance, skills, ability, and other factors observed and
demonstrated during the period are evaluated by the employee's supervisor :n efdef to del —1111-C
If the employee does not meet established standards, and there is
reason to believe, in the city's sole discretion, that a longer review period is needed, the Orientation
Period may be extended to a total of 12 months.
New employees are not allowed to take vacation leave during their Orientation Period unless approved
by the city administrator or approved before hire.
Upon satisfitetefy completion of the Orientation Period, the employee will become a rRegular employee
and are eligible to use vacation leave. This does not imply employment is permanent.
Employees promoted or appointed to new positions must successfully complete a siren six-month
Orientation Period. If found during the orientation to be unsuited for the position, the city, at its sole
discretion, may reinstate the employee to his/her former position and former rate of pay. Reinstatement
is not guaranteed_
3
Employees taking a leave of absence during the Orientation Period will have their Orientation Period
paused and begin where they left off when they return from leave.
Minnesota Government Data Practices Act
Pursuant to the Minnesota Government Data Practices Act (DPA) data is categorized as private, non-public, or
confidential. All data is public unless classified otherwise. In many circumstances, data may not be
disclosed except with authorization of the subject of the data or pursuant to court order. In compliance
with the DPA, employees are strictly prohibited from disclosing to a third party within or outside the
city any personnel data, data relating to pending civil legal actions, or any other data that might be
classified as private, non-public, or confidential, without the city administrator's express authorization.
The City Council appoints the city administrator as the responsible authority to administer the
requirements for collection, storage, use, and dissemination of data. Refer to the city's Guidelines and
Procedures for the Minnesota Government Data Practices Act for additional information.
city StandaMs f6f job
—id beha-vief.
DataEmployee Recordses Advisory
Employee records are maintained in a location designated by the city administrator. Personnel data is
retained in personnel files, finance files, and benefit/medical files. Information is used to administer
employee salary and benefit programs, process payroll, complete state and federal reports, document
employee performance, etc.
Employees have the right to know what data is retained, where it is kept, and how it is used. All employee
data will be received, retained, and disseminated according to the Afiiinesefa r-,.-_e mew Dat fact ees
AEtDPA.
Media Requests
All city employees have a responsibility to help communicate accurate and timely information to the
public in a professional manner. Requests for private data or information outside of the scope of an
individual's job duties should be routed to the appropriate department or to the data practices authority.
Any employee who identifies a mistake in reporting should bring the error to the city administrator or
appropriate staff. Regardless of whether the communication is in the employee's official city role or in a
personal capacity employees must comply with all laws related to trademark, copyright, software use, etc.
Except for routine events and basic information readily available to the public, all requests for interviews
or information from the media are to be routed through the city administrator. No city employee is
authorized to speak on behalf of the city without prior authorization from the city administrator or
his/her designee. Media requests include anything intended to be published or viewable to others in some
form such as television, radio, newspapers, newsletters, social media postings and websites. When
responding to media requests, employees should follow these steps:
1. If the request is for routine or public information (such as a meeting time or agenda.),provide the
information and notify the city administrator of the request.
2. If the request is regarding information about city personnel, potential litigation, controversial
issues, an opinion on a city matter, or if an employee is unsure if the request is a "routine"
question, forward the request to the city administrator.
All news releases concerning city personnel will be the responsibility of the city administrator.
When the city administrator authorizes an employee to communicate on behalf of the city in interviews,
publications, news releases, on social media sites, and related communications, employees must:
• Identify themselves as representing the city. Account names on social media sites must be clearly
connected to the city and approved by the city administrator.
• Be respectful, professional, and truthful when providing information. Only factual information
(not opinions or editorial comments) 4touldshall be provided. Corrections must be issued when
needed.
• GenerallL not include personal opinions in official city statements. Employees who have been
approved to use social media sites on behalf of the city should seek assistance from the city
administrator on this topic.
• Notify the city administrator if they will be using their personal technology (cell phones, home
computer, cameras, etc.) for city business. Employees should be aware that data transmitted or
stored may be subject to the Minnesota Government Data Practices Act.
Personal Communications and Use of Social Media
It is important for employees to remember that their personal communications may reflect on the city,
especially if employees are commenting on city business or commenting on issues that implicate their city
employment. As city representatives, employees share in the responsibility of earning and preserving the
public's trust in the city. An employee's own personal communications, such as on social media, can have
a significant impact on the public's belief that all city staff will cam out city functions faithf I4 and
impartially and without regard to factors such as race, sex/gender, religion, national origin, disability,
sexual orientation, or other protected categories. Nonpersonal communications (performed within one's
job duties) to members of the public must always be professional. The following guidelines apply to
personal communications, including various forms such as social media (Facebook, Twitter, blogs
YouTube, etc.). letters to the editor of newspapers, and personal endorsements:
■ Do not share private or confidential information you have access to as a result of your
Position.
■ Any personal communications made on a matter of public concern must not disrupt the
efficiency of the city's operation, including by negatively affecting morale. Public comments must
not undermine any city department's ability to effectively serve the public. Disruptive personal
communications can include liking or republishing(,sharing/retweeting) a social media post of
another individual or entity. The city can act on the personal communication that violates this
policy without waiting for the actual disruption.
■ Remember what you write, or post cannot easily be undone. It may also be spread to larger
audience than you intended. Use common sense when using email or social media sites. It is a
good idea to refrain from sending or posting information or photos you would not want your
boss or other employees to read, or you would be embarrassed to see in the newspaper. Keep in
mind harassment, bullying, threats of violence, discrimination, or retaliation concerning a co-
worker or between co-workers that would not be permissible in the workplace is not permissible
online, even if it is done after hours, from home and on home computers.
■ The city expects its employees to be fair, courteous, and respectful to supervisors, co-workers,
citizens, customers, and other persons associated with the city. Avoid using statements,
photographs, video or audio that reasonably may be viewed as malicious, obscene, threatening or
intimidating, disparaging, or might constitute harassment or bullying,
■ If you publish something related to city business and there is' t'bepotential for confusion
whether you are speaking on behalf of the city it would be best to identify yourself and use a
disclaimer such as, "These are my own opinions and do not represent those of the City of Elk
River."
■ City resources, work time, or official city positions cannot be used for personal profit or business
interests, or to participate in personal political activity.
■ Personal social media account name or email names should not be tied to the city.
Compensation
Employees will be compensated according to the compensation plan approved by the City Council. The
city will develop and maintain a compensation plan for all positions in accordance with federal and state
laws. This plan may be reviewed and changed periodically at the sole discretion of the city.
Under the Minnesota Wage Disclosure Protection law, employees have the right to tell any person the
amount of their own wages. While the Data Practices Act (Minn. Stat. 513.43), specifically lists an
employee's actual gross salary and salary range as public personnel data, Minnesota law also requires wage
disclosure protection rights and remedies to be included in employer personnel handbooks. To that end
and in accordance with Minn. Stat. 5181.172, employers may not:
■ Require nondisclosure by an employee of his or her wages as a condition of
employmeat;employment.
■ Require an employee to sign a waiver or other document which purports to deny an employee
the right to disclose the employee's wages;wages.
■ Take any adverse employment action against an employee for disclosing the employee's own
wages or discussing another employee's wages which have been disclosed volufit+nilrvolur�tarily.
■ Retaliate against an employee for asserting rights or remedies under Minnesota Statute §181.172,
subd. 3.
The city cannot retaliate against an employee for disclosing his/her own wages. An employee's remedies
under the Wage Disclosure Protection law are to bring a civil action against the city and/or file a
complaint with the Minnesota Department of Labor and Industry at 651.284.5070 or 800.342.5354.
Work Week
Work schedules will be established by the appropriate department director with the approval of the city
administrator. The regular workweek for regular full-time employees is for 40� hours per week. The
regular workweek for regular part-time employees is less than 40 hours per week. Unless otherwise
provided, the normal workday will begin at 8:00 a.m. and end at 4:30 p.m. The normal workweek will
consist of five consecutive workdays, Monday through Friday.
Flex -time arrangements must be approved by the department director and city administrator. The
department director or city administrator may deny requests for flex timeflextime at their sole discretion.
Flex -time arrangements shall not negatively affect service levels. Employees with flex -time arrangements
may be asked to adjust their schedules periodically or to discontinue flex -time in efdef toto accommodate
vacations, sick leave, or other issues within the department.
0
Seniority Patrol Shift Bid
The Chief of Police or their designee shall post the seniority patrol shift bid for the following year on
the second Monday of October. Patrol officers and patrol sergeants shall have until October 31st to
complete their shift bids.
City Hall Summer Office Hours
Summer Office Hours shallbe the
business -period between the Sunday preceding Memorial Day and the Ffiday preceding Labor
Day.
City Hall Summer Office Hours shall be staffed as follows:
7:30 a.m. to 5:00 p.m. Monday — Thursday
7:30 a.m. to Noon, Fridays
All City Hall customer service desks shall be staffed and
Aall City Hall services will be available during the period of Summer Office Hours.
Employee Schedule
Supervisors shall set a schedule with their employees for the Summer Office Hours period or review a
schedule with their employees at the beginning of each work week.
Employees working 7:30 a.m. to Noon on Friday shall work one 8.5 hett 8.5-hour day another day of the
same week.
Summer Office Hours shall not create overtime for any non-exempt employees.
Flex -time Arrangements
Employees approved to work a (Flex -time Aarrangement shall determine their Summer Office Hours
(Flex -time aArrangement with their supervisor prior to the beginning of Summer Office Hours period.
Employee Leave
All City Hall employees taking leave on a Friday during the Summer Office Hours period shall take four
(4) or four and one half (4.5) hours leave for that day depending on their Summer Office Hours schedule.
All City Hall employees taking leave on a Monday through Thursday shall take eight and one half (8.5) or
nine (9) hours of leave for each day depending on their Summer Office Hours schedule.
Bereavement leave is explained in the Bereavement Leave section of this manual.
Holidays
For holidays that fall on Monday through Thursday, eight (8) hours of holiday shall be paid and one (1)
hour of vacation or€ compensatory time shall be used or one (1) additional hour of work may be
performed on another day of the same work week with dDepartment dDirector approval.
For holidays that fall on Friday, employees will take four (4) or four and one half (4.5) hours of holiday
time and utilize their remaining four (4) or three and one half (3.5) hours of holiday time, with supervisor
approval, at another time during the same pay period.
7
Paydays
As provided by Minnesota law, all employees are required to participate in direct deposit. Employees will
be paid biweekly on alternate Fridays, adjusted according to bank holiday schedules.
Timekeeping
An accurate record of hours wofkedworked, and any leave time used by nonexempt employees is
necessary to comply with the provisions of the federal and state Fair Labor Standards Acts.
Elk River utilizes a schedule -based electronic timekeeping system.- Employee work schedules are set by
supervisors before each work period. -Any deviation to an employee's work schedule shall be
immediately updated in the timekeeping system. -It is the employee's responsibility to ensure their time
records are maintained accurately.
Time off and overtime requests shall be made by the employee through the timekeeping system and shall
be approved or denied by the supervisor through the timekeeping system. -Requested leave (vacation or
compensatory time) must be submitted to supervisors through the timekeeping system with as much
advance notice as possible.- Leave requests are not final until approved by the supervisor in the
timekeeping system.
Employees are provided secure access to their time records and shall not share their password with co-
workers.
The hours reflected in the timekeeping system are the hours employees will be paid for each pay period.
It is the employee's responsibility to monitor their hours to ensure they accurately reflect the hours
worked. -If the employee feels there is a discrepancy, it is their responsibility to bring it to the attention of
their supervisor. -Supervisors are responsible to ensure employees are maintaining their time records
accurately.
Exempt employees are required to request vfteafifti=cleave time off through the timekeeping system and
ensure their time records are accurate.
Your fmalized work schedule and approved exceptions signifies physical approval of your time record
per FLSA and state statutes.
Reporting false information is a crime and shall result in disciplinary action up to and including
immediate termination.
Overtime and Compensatory Time for Non -Exempt Employees
The City Council considers and approves projected overtime expenses in the annual budget process.
Department directors and division managers must manage overtime costs in accordance with their
budget and exceptions must be communicated in writing tom the city administrator.
Overtime
All employees may be required to work overtime as requested by their supervisor. Refusal to work
overtime as requested may result in disciplinary action. Supervisors will make reasonable efforts to
balance the personal needs of their employees when assigning overtime work.
All overtime must be authorized in advance by the employee's supervisor. An employee who works
overtime without prior approval may be subject to disciplinary action. -Non-exempt employees (eligible
for overtime pay) are not authorized to take work home or work through lunch without prior approval
from their supervisor.
The city complies with applicable state and federal laws governing accrual and use of overtime. Only
employees to whom the overtime provisions of the state and/or the federal FLSA apply are required to
be compensated for overtime work. The city administrator and human resources mannaagernepfesentaftve
will determine whether each employee is "exempt" or "non-exempt" in accordance with federal law.
Overtime eligible (non-exempt) employees will be compensated at the rate of one and one-half times
their base hourly rate for hours worked over 40 in one workweek. However, non-exempt employees
employed in fire protection or law enforcement activities may be paid overtime based on the 7(k)
exemption as defined by the FLSA (29 U.S.C. 5 207(k)).
Vacation andl�-compensatory�l l��eave hours taken during the workweek do not
count toward "hours worked" for purposes of overtime. Holiday time off pursuant to the Holidays
policy below), bereavement, and sick leave generally will count toward "hours worked" for non-exempt
employees.
Compensatory Time
Overtime compensation will be paid for overtime hours, unless the employee and department director
mutually agree in advance of performance of the work that the overtime will be banked as compensatory
time in lieu of overtime compensation.
Employees may request and use compensatory time off in the same manner as other leave requests.
Compensatory time must be marked as such on timesheets, both when it is earned and used. Overtime
hours not specified as compensatory time will be paid with overtime compensation. Finance maintains
compensatory time records.
Employees may accumulate and "bank" up to 40 hours of compensatory time. As compensatory time off
is utilized, additional compensatory time may be banked, not to exceed 40 hours. Overtime earned after
40 hours of banked compensatory time will be paid at the overtime rate. No more than forty (40) hours
of compensatory time may roll over from one calendar year to the next.
Upon termination of employment, employees will be paid for all accrued but unused compensatory time.
Call Out Back and Premium Pay
Employees called to work on an unscheduled or emergency basis shall receive a minimum of two (2)
hours overtime pay for returning to their designated work location and performing duties associated with
the event requiring the call-back. Call backs resulting in work beyond two (2) hours will be paid according
to the actual time worked by the employee calculated to the nearest 15-minutes at regular or overtime pay
depending on the number of hours worked for the week.
9
Employees who scan respond to a call-back remotely without returning to their designated
work area using electronic means to address problems/concerns will be compensated with 15-minutes of
pay at regular or overtime pay depending on the number of hours worked for the week. Extended or
continual problems/concerns resulting in excessive remote monitoring will be evaluated for
compensation by the supervisor and administration. Weekend fetatioa hotifs Will be eempeasated as
Overtime pay for holidays is explained in the Holidays section of this manual.
On -Call Pay
Employees may be assigned by the city to respond on short notice to render service outside of their
remilarly schedule work shift.
Wastewater operators in an on -call status, must carry the city -issued iPad (or compatible smart phone) to
perform diagnostic review of alarm conditions, report to and perform required duties on the wastewater
system on Saturday. Sunday. and paid holidays that fall within their assigned week.
Establishment of an on -call schedule shall be at the discretion of the supervisor based on the needs of
the city. Scheduled on -call time shall be distributed as equally as practicable. On -call schedules shall be
posted in the workplace at least two (2) weeks prior to initiation of the on -call schedule.
The weekly on -call period begins and ends on Monday mornings at 8:00 a.m.
Expectations of employees on call:
■ Employees shall be available for response outside of scheduled work hours when in an on -call
status.
■ Wastewater employees in an on -call status shall report to work within thirty(30) minutes of
phone call attempt from their supervisor, emergency dispatch, or from an alarm condition
reported through an electronic control monitoring program.
■ Non -wastewater employees in an on -call status shall report to work within forty-five (45)
minutes of phone call attempt from their supervisor, emergency dispatch, or from an alarm
condition reported through an electronic control monitoring program.
■ Employees shall be prohibited from chemical impairment when in an on -call status. Chemical
impairment is defined as a mental or physical state which would be illegal to operate a vehicle or
equipment consistent with the position description.
■ Employees may request vacation or compensatory time off when on -call with prior supervisor
approval and are responsible for finding another employee to assume their shift.
■ In the event of an unforeseen circumstance (family emergency, accident, etc) which prevents an
on -call response, the employee shall notify his/her supervisor as soon as reasonably possible.
o An employee missing an on -call response shall be removed from on -call status until his
supervisor is properly notified by the employee of his/her availability to return to on -call
status.
Employees assigned to positions within a collective bargaining unit shall receive on -call pay in accordance
10
with the articles listed within their respective labor agreement. Non-exempt employees in positions
outside of a collective bargaining unit shall receive on -call pay in accordance with the Compensation Plan
for Non -Organized Employees. Employees failing to respond as detailed above while in a paid on -call
status will not receive on -call pay for that day and will be subject to discipline. When an on -call employee,
through notice as detailed above, returns to work and/or renders service on behalf of the city they shall
be compensated in accordance with the Call -Back Pay policy as defined above.
Time off for Exempt Employees
Positions classified as Exempt do not qualify for overtime compensation per the FLSA. Exempt
employees are expected to work the hours necessary to meet the performance expectations outlined by
their supervisors, the city administrator, and the City Council. Generally, to meet these expectations, an
exempt employee is often required and expected to work in excess of forty (40) hours per week.
Exempt employees are required to use paid leave when on personal business or away from the office for
a significant part of the wofk 6yworWay. Based on supervisor's discretion_aAbsences of a few hours do
not require the use of paid leave as it is presumed that the employee works ofmore than 40
hours per week. Exempt employees shall communicate their absence to the city administrator or his/her
designee. Personal time off shall not be on a one -for -one basis with excess hours worked.
If an exempt employee is regularly absent from work under this policy and it is found there is excessive
time away from work that is not justified, the situation will be handled as a performance issue.
If it appears that less than fortes(40) hours per week is needed to fulfill the position's responsibilities, the
position will be reviewed to determine whether a part-time position will meet the needs of the city.
Additional notification and approval requirements may be adopted by the city administrator for specific
situations as determined necessary.
Report of Employee Information Changes
The city attempts to maintain complete and accurate employee information and complies with data
Privacy laws. It is important that your permanent personnel records are kept accurate and tip to 4a-teiW to
date. Immediately notify Hhuman Rresources when there is a change in any of the following:
■ Name (through marriage or otherwise)
■ Address
■ Marital status
■ Number of children
■ Beneficiaries for life insurance and retirement
■ Telephone number
■ Person to contact in case of emergency
■ Other changes which may affect benefits coverage
Many changes can also- and should be made by the employee directly in the Human Resources
Information System.
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Performance Appraisals
Performance appraisals are an opportunity for employees, supervisors, and the city to assess employee
job performance. -The performance appraisal system is designed to:
■ Ensure that quality services are provided to the public at the least possible cost,;
■ Motivate and develop employees to their fullest potential,;
■ Clarify roles and mutual expectations of supervisors and employees,;
■ Promote open and ongoing communication between employees at all levels, including feedback
from subordinates to supervisors,
■ Assist in determination of whether employees are meeting the established performance standards
for their position.
Performance appraisals €efff�generally will be maintained in the employee's electronic personnel file.
Immediate supervisors will conduct performance appraisals annually, and may conduct formal or
informal performance appraisals more frequently if necessary or prescribed by the city administrator or
the department director. The performance appraisal usually will be in writing and must be signed
acknowledged by the employee and supervisor. Acknowledgement of the performance appraisal
document by the employee recognizes that the review has been discussed with the
supervisor and does not necessarily constitute agreement. -Failure to sign -acknowledge the document by
the employee will not delay processing. -Employees do not have the right to change or grieve their
performance appraisal; but may submit a written response which will be atfaehed to the peffoffflafte-e
appraisal included in the employee's profile.
Attendance
Every employee has an important role in maintaining a productive workplace. Therefore, it is essential
that all employees report to work every day as scheduled. Unsatisfactory attendance, including reporting
late to work and leaving work early may result in disciplinary action up to and including discharge.
If an employee must be absent from work for any reason, other than approved time off, s/he must notify
his/her immediate supervisor at least thirty (30) minutes prior to the start of his/her normal working
hours. If an emergency prevents the employee from notifying his/her supervisor at such time, the
employee must call his/her immediate supervisor as soon as possible during the workday.
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Rest/Meal Break
Non-exempt, full-time employees shall receive a paid rest break not to exceed fifteen (15) minutes away
from job duties on one occasion during each four (4) hour work shift. Part-time employees shall receive a
paid rest break not to exceed fifteen (15) minutes during a work period of four hours.
Rest breaks cannot exceed fifteen minutes, including the time required to get to and from a rest
break area.
All employees scheduled to work si3�-ei ht 68 or more hours per shift are required to take a half-hour,
unpaid meal break.
Employees of Northbound and Westbound Liquor are required to stay "on duty" in the building and be
reachable by other employees should their assistance be required during their break. -In consideration of
this, Northbound and Westbound Liquor employees are paid during their break time.
Employees may not purposely miss rest breaks in order to accumulate time to leave early at the end of
the day; all rest breaks and meal breaks must be taken.
Employment of Relatives
All employees are hired as the most qualified candidate based on qualifications, skills, and ability.
Employment is not restricted to more than one member of a family (including spouse, children, parents,
siblings, in-laws, or other immediate relative). No family member will be hired where:
—One family member would have the authority or practical power to supervise, appoint, remove,
or discipline the other,;
■ One family member would be responsible for auditing the work of the other_;
.—Circumstances exist which would place the family member in a situation of actual or
lereasonably foreseeable conflict between the city's interests and their own,�1
•Tv�ffie family member has a relative _ram employed by an organization with whom the
city has business dealings --and in the city's judgment; eeasidefitig the position and job
responsibilities of both the employee and family member would create an appearance of
improper influence or favor or would jeopardize the confidentiality of data maintained by the
city.
Supplemental Employment
Elk River does not restrict employees from engaging in outside employment. However, regular, full-time
employees are expected to consider city work their primary employment. Employees may not engage in
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outside employment that interferes with the performance of one's city duties, that represents a conflict of
interest, or that may influence or bias an employee's job felated decisioa mal6ag ob-related decision-
makin ability.
The city will not adjust work hours to facilitate the scheduling of outside employment. If a supervisor
believes an employee's outside employment is detrimental to the city and his/her position, the employee
may be asked to discontinue the outside employment. If an employee is asked to discontinue outside
employment and fails to do so, s/he may be subject to discipline up to and including termination.
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Separation from Employment
Resignation
The purpose of proper notice is to ensure an orderly transition of responsibilities and open work items.
Holidays or the use of vacation, sick, or compensatory time may only be approved by the city administer
to be considered proper notice.
With proper notice, the employee will be compensated for any accrued, unused vacation time. If eligible,
s/he may also be compensated for a portion of banked sick leave as stated in the Severance Pay Section of
this policy manual.
Proper notice must be submitted in writing to the employee's supervisor .
Employees working a typical Monday through Friday schedule must ro ovide
notice at least ten (10) working days prior to the
ed separation date. Department directors must provide a twenty (20) working days
wr4tten7-notice.- Employees
working a shift schedule that may include weekends and evenings shall provide a fourteen (14) calendar
day notice.
eligible to use dtifing that yeaf. if eligible, s/he may also be eempensated faf a peftioa of banked siek
leave as stated in the Seteywnee Pay Seetion of this pohey mffittal.
Non-exempt employees will be compensated for any accrued but unused compensatory time as of the
date of separation.
An unauthorized absence from work for a period of three (3) or more working days may be considered a
resignation without proper notice.
Failure to comply with this notice procedure may be considered reason for denying an employee future
employment with the city.
Q;=Termination
Employees terminated from employment have no right or expectation of payment of accrued vacation,
sick, and/or holiday leave time.
Retirement
Employees who retire from employment must follow the Resignation policy above and may be eligible
for retirement programs as provided by state or federal law.
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Layoffs
The City Council has the authority to lay off any employee when such action becomes necessary as
determined in the city's sole discretion. The city will attempt to provide a ten (10) working day notice
prior to a layoff.
Severance Pay
An employee resigning employment may be eligible for a cash payment for a portion of unused sick
leave if the following conditions are met:
■ The employee must resigtrleave in good standing, not terminated by the city; and
■ S/he must provide proper notice of resignation as stated above with city administrator
discretion; and
■ S/he must execute a release of claims; and
■ S/he must have completed two (2) consecutive years of leave -eligible service.
The severance payment is calculated at fifty percent (50%) of the accumulated sick leave balance up to a
maximum paid of four hundred eighty (480) hours. -Payment shall be at the rate of pay when the
resignation is submitted.
Accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible for a severance
payment. Sick leave shall continue to accumulate in excess of nine hundred sixty (960) hours to be used
in accordance with the Family Medical Leave Act.
Due to unforeseen circumstances and in his/her sole discretion, the city administrator may grant
exceptions to the two (2) years of service condition.
Exit Interviews
Human Resources shall conduct a brief interview with each employee separating from city employment.
The interview seeks to identify employee morale trends triggered by policy concerns,
management/communication gaps, workload levels, and the general wofk plae-eworkplace environment.
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Leave Benefits
The city provides leaves of absence according to the following policies. A Request -for Leave ofAbsence form
must be completed for foreseeable leaves other than vacation. Forms are available on Access Elk River or
from Human Resources. When possible, advance notice of a leave should be provided to the employee's
department director so work schedules can be adjusted accordingly.
Depending upon employee's situation, more than one form of leave may apply during the same
~i time -period , (e.g.the e Family and Medical Leave Act is likely to apply during a workers'
compensation absence). An employee will need to meet the requirements of each form of leave
separately. Leave requests will be evaluated on a case -by -case basis.
Employees may record worked hours or use only one type of paid leave for each scheduled work hour.
Except as otherwise stated, all paid time off taken under any of the city's leave programs must be taken
consecutively, with no intervening unpaid leave. The city will provide employees with time away from
work as required by state or federal statutes if there are requirements for such time off that are not
described in the personnel policies.
Vacation Leave
Paid vacation leave is provided for regular, full-time employees and on a prorated basis for eligible part-
time employees. To be eligible, part-time employees must work a set schedule with a minimum of forty
(40) hours per biweekly pay period. Most Ttemporary�seasonal, and part-time employees are not
eligible for vacation benefits.
Vacation leave is accrued based on consecutive years of leave -eligible service. o
determinerring an employee's vacation accrual rate, years of service will include all continuous time the
employee has worked at the city in a position that is eligible for paid leave (including authorized unpaid
leave). Employees who are rehired after terminating city employment will not receive credit for their prior
service unless specificallv neLyotiated at the time of hire.
Leave -eligible employees hired before December 31, 2020, may carry more than 240 hours of vacation
leave durinc a vear but may not carry more than 240 hours forward to the next calendar vear.
Employees hired after -january 1, 2021, shall accrue 120 working hours per year at the start of eligible
employment through the completion of their ninth (W ,) year. These employees may not carry more than
80 hours forward to the next calendar year but may carry more than 80 hours during a year.
Employees with fewer than eight () years of service as of January 1, 2021, may receive the new accrual
rate provided they accept and acknowledge the reduced annual carry over rate of 472080 hours. The
request and acknowledgement shall be in writing. Employees will have until February 26, 2021, to make
this election. Vacation balances over 80 must be used by December 31, 2021.
Employees accrue vacation leave at the following rates with the exception of 2021 and later hires and
sev�ra-yea eligible employees who have requested and acknowledged the new accrual and carry over rate:
Length of Service Accrual Rate
From start of eligible employment through
completion of the 51b year 88 working hours per year
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Beginning of the Oh year through completion
of the 71h year 112 working hours per year
Beginning of the 811, year through completion
of the 91h year 120 working hours per year
Beginning of the 10th year through
completion of the 11th year 128 working hours per year
Beginning of the 12th year through
completion of the 13th year 136 working hours per year
Beginning of the 14th year through
completion of the 15t1, year 144 working hours per year
Beginning of the 16th year through
completion of the 17th year 152 working hours per year
Beginning of the 18th year 160 working hours per year
Beginning of the 19th year 168 working hours per year
Beginning of the 20th year 176 working hours per year
Beginning of the 215t year 184 working hours per year
Beginning of the 22nd year through
completion of the 24th year 192 working hours per year
Beginning of the 25th year and thereafter 200 working hours per year
Vacation leave requires supervisor approval+e€efe�
tee. Employees may not use vacation leave during their Orientation Period employees may HE)
use vaeatioa leff _e unless owe authorized by the city administrator. Employees taking more than
two (2) consecutive weeks of vacation or a combination of vacation and compensatory time must obtain
prior approval from the city administrator. The city will make every effort to grant vacation time as
requested—,bttrequested but reserves the right to deny or approve vacation schedules.
Sick Leave
Sick leave is not a privilege or vested right that an employee may use at his/her discretion. -Eligible
employees may use sick leave only for the following:
IN
■ When an employee is unable to perform work duties due to illness or disability (including
re nanc .
■ For medical, dental, or other care provider appointments.
■ When an employee has been exposed to a contagious disease of such a nature that his/her
presence at the workplace could endanger the health of others.
■ To care for the employee's injured or ill children, including stepchildren or foster children, for
such reasonable periods as the employee's attendance with the child may be necessary.
■ To take children, or other family members to a medical, dental, or other care provider
appointment.
■ To care for an ill family member for such reasonable periods as the employee's attendance
may be necessary.
Pe-e-A illness of injul)
disefetion of the eity
Safety Leave —_ Employees may use siek leave for reasonable absences to provide or receive
assistance because they, or a family member, is a victim of sexual assault, domestic abuse, or
For the purpose of this section, family member is defined as the employee's stepchild, biological, adopted
or foster child, adult children, spouse, sibling, parent, mother-in-law, father-in-law, grandchild,
grandparent, and stepparent.
Sick leave use for adult children, spouse, sibling, parent, mother-in-law, father-in-law,
grandchild, grandparent, and stepparent is limited to 160 hours (combined) in a 12-month period. The 12
months begins on the first day the employee uses leave for this purpose. Stepchild, biological, adopted or
foster child not subject to the 160 hours limit must be under 18 years of age or under 20 years of age if
still attending secondary school.
Paid sick leave is provided for regular, full-time and on a prorated basis for eligible part-time employees.
Regular, full-time employees accrue sick leave at a rate of eight (8) working hours for each calendar
month. To be eligible, part-time employees must work a set schedule with a minimum of forty (40) hours
per biweekly pay period. Most tTemporary- afid-seasonal, and part-time employees are not eligible for
sick leave.
There is no limit on the amount of accrued sick leavetil=fte that can be accumulated and carried forward
from one year to the next.
Employees must notify their immediate supervisor at least thirty (30) minutes before the start of their
regular start time if s/he intends to be absent from work. If an emergency prevents the employee from
notifying the immediate supervisor, s/he must contactall the immediate supervisor as soon as possible
during the workday. Employees are required to keep their immediate supervisor informed of their
anticipated return to work.
After an absence, a physician's statement may be required on the employee's first day back to work,
indicating the nature of the illness or medical condition and attesting to the employee's ability to return
19
to work and safely perform the essential functions of the job with or without reasonable
accommodation.
Any work restrictions must be stated clearly on the return -to -work form. Employees who have been
asked to provide such a statement may not be allowed to return to work until they comply with this
provision. Sick leave may be denied for any employee required to provide a doctor's statement until
such a statement is provided.
The city has the right to obtain a second medical opinion to determine the validity of an employee's
workers' compensation or sick leave claim, or to obtain information related to restrictions or an
employee's ability to work. The city will arrange and pay for an appropriate medical evaluation when it
is required by the city.
An employee attempting to use sick time for reasons other than those explicitly permitted in this policy
will be subject to disciplinary action up to and including termination.
A doctor's note shall be required if an employee is absent more than four (4) days or if abuse of sick leave
is suspected. In some circumstances, an employee may be requested to submit to a medical examination
by a physician or medical facility licensed to practice medicine. In such a circumstance, the city may select
the physician and facility that will conduct the examination.
Sick Leave Donation
With the written consent of the city administrator, employees may donate equal shares of sick and
vacation leave to fellow employees experiencing a major illness such as, but not limited to, heart attack,
stroke, organ transplant, or other illness all of which must be supported by a physician's diagnosis, Of -a
catastrophic accident with serious injuries supported by a physician's diagnosis, or to care for a spouse or
dependent under the same circumstances.:
An employee beis eligible to receive donated leave:
1. If the employee currently earns sick leave.
2. AOft1rafter all o their-employee-s own sick, vacation, compensatory, or other leaves arehw
been exhausted.
3. Only for normal work hours lost due to the illness for which the leave is donated.
4. Only for time not covered by disability insurance or Wworkers' Ccompensation.
5. Up to a maximum of 240 hours.
6. If the physician's diagnosis indicates-fliftt the employee will be able to return to work after
rehabilitation or recovery.
Mhe donated leave m beis used concurrently with FM1.A leave and must be used within twelve 12�
weeks of the date of the illness or be. Tl...,,,te ek !ewe not ea within i~ 12 weeks - ril be forfeited. If
the condition of the employee recipient improves so tha and s/he is able to return to
work either in a light duty capacity, if work is available, or to his/her normal work schedule, any donated
leave time shall be forfeited and remain in the bank of the donor.
An employee may donate up to sixteen 16� hours of equal shafes of sick afid vaea6ofi per recipient per
year made in increments of not less than eight (8) hours. Employees with a sick leave balance of more
than 960 hours shall donate equal shares of sick and vacation. Employees with a sick leave balance of less
20
than 960 hours may donate only sick leave. The employee must complete a Leave Donation Fora to donate
leave. All donations mare anonymous.
Donated leave will be paid at the recipient's current rate of pay. Donated hours do not qualify to be
included as part of sick leave for the severance pay calculation.
This policy applies on a prorated basis for part-time employees eligible for sick leave.
In the event of a mandatory or recommended quarantine «�because of a public health event,
the city administrator may use his/her discretion to allow leave donation when the leave is not
concurrent with FMLA.
Holiday Leave
Regular, full-time employees are eligible to receive pay for the following holidays:
■ New Year's Day
■ Martin Luther King, Jr. Day
■ Presidents Day
■ Memorial Day
■ Independence Day
■ Labor Day
■ Veterans Day
■ Thanksgiving -Day
■ Friday after Thanksgiving
■ Christmas Eve
■ Christmas Day
Part-time employees will receive paid holidays on the same basis as regular, full-time employees, except
that holiday pay will be pro -rated according to the number of hours worked. To be eligible, part-time
employees must work a set schedule with a minimum of forty (40) hours per biweekly pay period.
Most Ttemporary and seasonal employees are not eligible for holiday pay.
EFof employees working a Monday through Friday workweek, holidays occurring on Saturday are e
observed the preceding Friday and holidays occurring on Sunday are observed on the following
Monday.
When a holiday falls during an employee's vacation or sick leave, the employee will not be charged with
vacation or sick leave for the holiday hours; the hours will be considered holiday leave.
Although the city prefers that employees enjoy the observed holidays, emergencies may arise. If a non-
exempt employee is required by his/her supervisor to work on an actual holiday, the hours worked (in
addition to holiday pay) shall be paid as follows:
Regular, full-time and regular part-time employees shall be paid time ffid eae scheduled for
or called in to work on the actual holidays listed above shall receive one and one-half the
employee's regular rate of pay in addition to the holiday pay.
2. Employees performing emergency or mission critical snow removal shall be paid double time for
hours worked on a holiday. For the purpose of this section, the additional pay applies on the
actual holiday if different from the day observed by the city.
21
3. Firefighters shall be paid double time for emergency response and scheduled Fire Watch hours
worked on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving,
Christmas Day (December 25) and Christmas Eve.
4. Part-time, seasonal, or temporary employees w&earn time and one half on the following €eitrr
holidays:
• Independence Day
■ Thanksgiving Day
■ Christmas Eve Day
■ Christmas Day
■ New Year's Eve after 4:30 p.m.
■ New Year's Day
5. Liquor store employees may be required to worker holidays. When1f a regular, full-time
liquor store employee works on a dfrdesignated as�rholiday a ��, they loyee may
take another eight (8) hour day-(e�off in lieu of the holiday. Non-exempt liquor store
employees will be paid at one and one-half times their regular base rate for working the following
days:
■ After 4:00 p.m. on New Year's Eve
■ New Year's Day
■ Memorial Day
■ Independence Day
■ Labor Day
■ Christmas Eve Day
Family and Medical Leave (FMLA)
d,..�� theT Aff A or ev.
The city shall determine
whether leave taken by aft efltaloyeLis FMLA-qualifiedying. An employee cannot choose to opt out of
FMLA leave given a qualifying event.
To Employees must meeti the following conditions qualify for FMLA leave:
Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is to
commence. The 12 months or 52 weeks need not have been consecutive; however, the city will
not consider any service 7 years prior to the employee's most recent hire date.
Have worked at least 1,250 hours during the 12-month period prior to the date when the leave is
requested to commence. The principles established under the Fair Labor Standards Act (FLSA)
determine the number of hours worked by an employee. The FLSA does not include time spent
on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be
22
counted in determining the 1,250 hours eligibility test for an employee under the Family and
Medical Leave Act (FMLA).
Leave will be granted to all eligible employees for any of the following reasons:
■ The birth of a child, including prenatal care, or placement of a child with the employee for
adoption or foster exf-e,--care.
■ To care for a spouse, child, or parent who has a serious health ee}rcondition.
■ Due to a serious health condition that makes the employee unable to perform the essential
functions of the position,l
■ ,A covered military member's active -duty call to duty, or
to care for a covered military member (Military Caregiver and Qualified Exigency Leave,
described below).
Definitions
Cam - Psychological as well as physical care. It also includes acquiring care and sharing care
duties for a covered family member.
Eligible child - A person under 18 years of age or a person incapable of self -care because of a physical or
mental disability who is a biological, adopted, foster, or step ehildstepchild, a ward of the employee, or a
person with whom the employee is charged with a parent's rights, duties, and responsibilities.
Spouse - Does not include domestic partners or common-law spouses.
Eligible parent - A biological parent or a person who was charged with parental rights, duties, and
responsibilities over the employee when the employee was under the age of 18; doesn'does not include
m-laws.
Serious Health Condition - As defined under the FMLA means an illness, injury, impairment, or physical
or mental condition that involves one of the following:
■ Period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a
hospital, hospice, or residential medical care facility.
■ Period of incapacity due to pregnancy, prenatal medical care, or ehild bifthchildbirdi.
■ Period of incapacity of more than three consecutive calendar days that also involves continuing
treatment by or under the supervision of a health care provider (Absence plus treatment).
■ Incapacity from a chronic condition which requires periodic visits for treatment by a health care
provider continues over an extended per4ed of ep riod and may cause episodic rather than a
continuing period of incapacity.
■ Permanent/1Long-term conditions requiring supervision.
■ Period of absence to receive multiple treatments (including any period of recovery eo riod
therefrom) by a health care or service provider under orders of, or on
referral by, a health care provider.
Length and Amount of Leave
The length of FMLA leave shallis not exceed twelve (12) weeks in any twelve (12) month period. The
leave year is calculated-bxsed on a rolling year basis measured backwards from the time the employee uses
leave.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12)
months after the birth or placement of that child.
23
How Leave May be Taken
FMLA leave may be taken in consecutive weeks, intermittently (a day periodically as needed), or may be
used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may
not exceed a total of twelve 12) workweeks.
Intermittent leave may be taken when medically necessary for the employee's serious health condition or
to care for a seriously ill family member. Intermittent leave must be documented in the medical
certification form as medically necessary.
If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment,
the employee must make a reasonable effort to schedule the treatment ems- toto not disrupt the city's
business.
In instances when intermittent or reduced schedule leave for the employee or employee's family member
is foreseeable or is for planned medical treatment, including recovery from a serious health condition, the
city may temporarily transfer an employee to an available alternative position with equivalent pay and
benefits if the alternative position would better accommodate the intermittent or reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or
foster care child only with the city's approval.
Notice
All employees requesting FMLA leave must provide written or verbal notice of the need for the leave to
the employee's supervisor of -and human resources.
When the need for the leave is foreseeable, the employee must give verbal of -and written notice to
his/her supervisor at least thirty (30) days prior to the date on which leave is to begin.
If thirty (30) days' notice cannot be given, the employee is required to give as much notice as practicable,
including following required call -in procedures.
If an employee fails to give thirty (30) days' notice for a foreseeable leave with no reasonable explanation
for the delay, the leave may be denied until thirty (30) days after the employee provides notice.
Certification and Documentation Requirements
For leave due to an employee's serious health condition or a family member's, the city will require the
completion of a Medical Certification Forma by the attending physician or practitioner. The form must be
submitted to Duman Rresources within fifteen (15) calendar days after requested. If the form is not
submitted in a timely fashion, the employee must provide a reasonable explanation for the delay. Failure
to provide medical certification may result in a denial or delay of the leave.
The city may require an employee obtain a second opinion from a provider which the city selects. If
necessafnecessarv, to resolve a conflict between the original certification and the second opinion, the
city may require the opinion of a third doctor. This third opinion will be considered final. An employee
will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third
opinion.
When leave is due to an employee's own serious health condition, a fitness for duty certification (FFD)
may be required before an employee can return to work. Failure to timely provide such certification may
eliminate or delay an employee's right to reinstatement under the FMI.A.
24
If an employee is using intermittent leave, and reasonable safety concerns exist regarding the employee's
ability to perform his or her duties, a FFD certificate may be required as frequently as every 30 days
during periods when the employee has used intermittent leave.
Recertification
Recertification may be required if the employee requests an extension of the original approved leave or if
the circumstances regarding the leave have changed. Recertification may also be required if there is a
question as to the validity of the certification or if the employee is unable to return to work due to the
serious health condition.
Annual Medical Certification and Recertification
Where the employee's need for leave due to the employee's own serious health condition lasts beyond a
single leave year, the cEity will require employees to provide a new medical certification in each
subsequent leave year. Such new medical certifications are subject to the provisions for authentication
and clarification and second and third opinion.
Reinstatement
Employees returning from FMLA will be reinstated in the same position or a position equivalent in pay,
benefits, and other terms and conditions of employment.
An employee's reinstatement rights are the same as they would have been had the employee not been on
leave. Thus, if an employee's position would have been eliminated or an employee would have been
terminated but for the leave, the employee would not have the right to be reinstated upon return from
leave.
Notice of Intent to Return from FMLA Leave
The city requires an employee on FMLA leave to report periodically on the employee's status and intent
to return to work.
Effect on Benefits
An employee granted leave under this policy will continue to be covered under the city's group health and
dental insurance plan under the same conditions and at the same level of city contribution as would have
been provided had they been continuously employed during the leave period. Minnesota Parenting Leave
and all forms of paid time off (sick leave, disability leave, workers' comp leave, vacation, compensatory
time off, etc.) run concurrently with FMLA.
hexe€rts. If there are changes in the city's contribution levels while the employee is on leave, those
changes will take place as if the employee were still on the job.
The employee will be required to continue payment of the employee portion of group insurance coverage
while on leave. Arrangements for payment of the employee's portion of premiums must be made by the
employee with the city.
Failure to Return to Work after FMLA
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Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for
at least 30 calendar days, the city may require the employee to repay the portion of the monthly cost paid
by the city for group health plan benefits. The city may also require the employee to repay any amounts
the city paid on the employee's behalf to maintain benefits other than group health plan benefits.
If an employee does not return to work following 12 weeks of FMLA leave, the employee may be subject
to COBRA continuation.
If the employee fails to pay the city a portion of the premiums for which s/he is responsible during the
FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to
pay premiums is not a qualifying event for purposes of continuation coverage under COBRA.
If the employee does not return from the FMLA leave and coverage ended sometime during the FMLA
leave due to lack of payment, there is no COBRA election available. For COBRA to apply, the employee
must have been covered on the day before the qualifying event. In this situation, the qualifying event
would occur at the time the employee did not return from the leave.
Activities Prohibited During FMLA
While on leave, employees may not engage in activities (including employment) with the same or similar
requirements and essential functions of an employee's current position.
Employees shall not engage in activities that conflict with the best interests of the city. Such conduct will
result in disciplinary action up to and including termination.
Use of Accrued Paid Leave or Compensatory Time during FMLA
Paid leave runs concurrently with FMLA leave. The use of sick leave shall be for reasons allowed
according to the Sick Leave Policy. Prior to taking unpaid FMLA leave, employees must use all but 40
hours of accrued sick leave (unless use is not applicable to policy), all but 40 hours of accrued vacation
leave, and all compensatory time unless their medical condition/injury is covered by Worker's
Compensation, of the absence qualifies tmdef the state Pafefttal Lewe law (see Pafeatal Lewe Peliey�.
Additional Leave
Employees who cannot return from an approved FMLA leave at the end of the approved leave period
may request an extension up to the maximum of twelve (12) weeks allowed under FMLA. If the twelve
(12) FMLA weeks have already been used, the employee can request
abseneeGeneral Leave. If approved, before tnVaid leweGeneral Leave begins the employee must use any
accrued sick leave, compensatory time, or vacation leave that remains. If the leave is approved and
the employee will be required to pay the full cost of all group insurance, as provided under
COBRA, in order to continue coverage.
If the ufTaid 1&tve of abseaeeGeneral Leave is not approved or the employee fails to request additional
leave, the employee will be considered to have voluntarily resigned. If circumstances beyond the
employee's control prevented the employee from requesting additional leave, a retroactive leave request
may be allowed, subject to the city administrator's approval.
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FMLA — Qualified Exigency and Military Caregiver Leave
Qualified Exigency
Eligible employees (described above whose spouse, son, daWhterdaughter, or parent either has been
notified of an impending call or order to covered active military duty or who is already on covered active
duty may take up to twelve 12� weeks of leave for reasons related to or affected by the family member's
call-up or service.
The qualifying exigency must be one of the following:
1. Short -notice deployment
2. Military events and activities
3. Child-care and school activities
4. Financial and legal arrangements
5. Counseling
6. Rest and recuperation
7Post-deployment activities
8. Parental care
9. Additional activities that arise out of active duty provided that the employer and employee agree,
including agreement on timing and duration of the leave.
Military Caregiver Leave
An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, or parent, or
next of kin of a covered servicemember may take up to 26 weeks in a single 12-month period to fake -care
of !ewe to eafe for that servicemember.
The family member must be a current member of the Armed Forces (including a member of the
National Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active
duty for which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on
outpatient status or on the temporary disability retired list.
fempefafy disability fetifed list, who has a sefious iajttfy of Ahless inettffed in the line of duty
Fit status; of thefwise e!a the fempofafy disability fetifed list.
Eligible employees may not take leave under this provision to care for former members of the Armed
Forces, former members of the National Guard and Reserves, and members on the permanent disability
retired list.
Definitions
Son/Daughter of a covered servicemember - The biological, adopted, or foster child,= stepchild,
legal kward, or a child for whom the covered servicemember stood in loco parentis, and who is of any
age.
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Parent of a covered servicemember - The biological, adoptive, step, or foster father or mother, or any
other individual who stood' loco parentis to the covered servicemember. This term does not include
parents "in law."
Next of kin of a covered servicemember - Is the nearest blood relative, other than the covered
servicemember's spouse, parent, son, or daughter, in the following order of priority: blood relatives who
have been granted legal custody of the servicemember by court decree or statutory provisions, brothers
and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has
specifically designated in writing another blood relative as his or her nearest blood relative for purposes
of military caregiver leave under the FULA.
When no such designation is made, and there are multiple family members with the same level of
relationship to the covered servicemember, all such family members shall be considered the covered
servicemember's next of kin and may take FAILA leave to provide care to the covered servicemember,
either consecutively or simultaneously. When such designation has been made, the designated individual
shall be deemed to be the covered servicemember's only next of kin. Fof example,
An employer is
permitted to require an employee to provide confirmation of covered family relationship to the covered
servicemember pursuant to 5 825.1220).
Covered active duty Regular Component of the Armed Forces - Duty during deployment of the member
with the Armed Forces to a foreign country.
Covered active duty Reserve Components of the Armed Forces - Duty during deployment of the
member with the Armed Forces to a foreign country under a call or order to active duty in a contingency
operation as defined in section 101(a)(13)(B) of title 10, United States Code.
Covered servicemember - A member of the Armed Forces (including National Guard or Reserves) who
is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a serious injury or illness; or a veteran who is
undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a
member of the Armed Forces (including a member of the National Guard or Reserves) at any time
during the period of 5 years preceding the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
Serious injury or illness - A mMember of the Armed Forces (including National Guard or Reserves), with
an injury or illness incurred -by in the line of duty on active duty iii the ° finea Fo fees (or existed
before the beginning of the member's active duty and was aggravated by service in line of duty on active
duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the
member's office, grade, rank, or rating; and
-A veteran who was a member of the Armed Forces (including National Guard or Reserves) at any time
during a period when the person was a covered servicemember, means a qualifying (as defined by the
Secretary of Labor) injury or illness incurred by a covered servicemember in the line of duty on active
duty that may render the servicemember medically unfit to perform the duties of his or her office, grade,
raftkrank- or rating.
Outpatient status, with respect to a covered servicemember, means the status of a member of the Armed
Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the
purpose of providing command and control of members of the Armed Forces receiving medical care as
outpatients.
Amount of Leave — Qualified Exigency
An eligible employee can take up to 12 weeks of leave for a qualified exigency.
Amount of Leave — Military Caregiver
An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during a single,
12-month period. The single, 12-month period begins the first day the eligible employee takes FMLA
leave to care for a covered servicemember and ends 12 months after that date.
Leave taken for any FMLA reason counts towards the 26-week entitlement. If an employee does not take
all of 26 workweeks of leave entitlement to care for a covered servicemember during the single, 12-
month period, the remainder of the 26 workweeks of leave entitlement to care for the covered
servicemember is forfeited.
Certification of Qualifying Exigency for Military Family Leave
The city will require certification of the qualifying exigency for military family leave. The employee must
respond to such a request within 15 days of the request or provide a reasonable explanation for the delay.
Failure to provide certification may result in a denial of continuation of leave. This certification will be
provided using the DOL Certification of Qualifying Exigency for Military Family Leave.
Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave
The city will require certification for the serious injury or illness of the covered servicemember. The
employee must respond to such a request within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered
Servicemember.
All other provisions of the FMLA policy, including Use of Paid Leave, Employee status and benefits
during leave, the Procedure for Requesting Leave, Benefits during Leave, and Reinstatement, are outlined
above in the FMLA policy.
Parental Leave Policy
Federal and state law mandates a number of paid and unpaid types of leave to protect employment and
to benefit certain activities. The city provides certain leaves to assist employees with life's challenges
enabling employees to be productive at work.
For this purpose, the city has implemented a paid Parental Leave Policy. Paid parental leave is intended
to provide workplace support for parents of newborn or adopted children as they adjust to new life
changes and to assist with the preservation of accrued sick leave.
Eliobility
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Employees must be leave benefit -earning to be eligible for Parental Leave after one (1) year of
continuous leave benefit -earning city employment.
Leave may be granted following the birth of a biological child or legal adoption placement of a child.
Foster child placement, surrogate mothers, and sperm or egg donors are excluded from coverage.
Employees shall notify Human Resources and their supervisor of the desire to take Parental Leave as
soon as possible but no later than thirty (30) days before anticipated birth or placement to ensure
work/shift coverage. A Request for Leave of Absence form shall be submitted at least thirty (30) days
before anticipated leave.
Leave is discretionary subject to city service needs.
Use
Eligible parents are permitted seven (5) working days (up to 40 hours) of paid leave following the birth
or adoption placement of a child. Available hours are prorated for part-time employees. Hours are paid
at the employee's regular base wage for regularly scheduled work hours only and do not include
overtime, supplemental pay, and/or other additional pay.
Leave must be taken within the first six months of birth or adoption placement. In no case shall
Parental Leave combined with other types of leave extend beyond 12 weeks.
Leave may be taken intermittently and may run consecutively with other leave (sick, vacation, or
compensatory time). Parental leave shall run concurrently with FMLA, MN Parental Leave, and/or
Short Term Disability.
Employer benefit contributions and leave accruals (both according to policy)continue during paid
parental leave.
Pregnancy and Parenting Leave
Employees who work twenty (20) hours or more per week and have been employed more than one year
are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave Act of
Minnesota. -Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or related
health conditions as well as a biological or adoptive parent in conjunction with after the birth or adoption
of a child are eligible for up to twelve 12� weeks of unpaid leave and must begin within twelve (12)
months of the birth or adoption of the child.- In the case where the child must remain in the hospital
longer than the mother, the leave must begin within twelve 12� months after the child leaves the
hospital. Employee should provide as much notice as possible.- If the leave must be taken in less than
three days, the employee should give as much notice as practicable.
Employees are required to use accrued leave (sick leave, vacation leave, compensatory time) during
Pregnancy and Parenting Leave. -If the employee has rem ainingafty FMLA eligibility-feawAning at the
time this leave commences, this leave will also count as FMLA leave.- The two leaves will run
concurrently.
The employee is entitled to return to work in the same position and at the same rate of pay the employee
was receiving prior to commencement of the leave. -Group insurance coverage will remain available while
the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be
responsible for the entire premium unless otherwise provided in this policy (i.e., where leave is also
FMLA qualifying). For employees on an FMLA absence as well, the employer contributions toward
insurance benefits will continue during the FMLA leave absence.
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Adoptive Parents
Adoptive parents have the same leave opportunityies fordexve as biological parents (see
R s fof Pregnancy and Parenting Leave). -The leave must be for the purpose of arranging the
child's placement or caring for the child after placement. -Leave must begin before or at the time of
the child's placement in the adoptive home.
Reasonable Unpaid Work Time for Nursing Mothers
Nursing mothers grebe provided reasonable unpaid break time fef attfsin& mothefs to express milk
. The city will provide a private room (other
than a rest room) as close as possible to the employee's work area, shielded from view an
with iachtdes access to an electrical oudet-,where
Reasonable Accommodations to an Employee for Health Conditions Relating to
Pregnancy
The city will *tteffipf-fe,-provide-a female employees who requests reasonable accommodation with the
following for her health conditions related to her pregnancy or childbirth. To in6ddebut aef limited tw.
■ Mmore frequent restroom, food, and water breaks -,breaks:
■ seati
■ Llimits on lifting over 20 pounds
The city will engage in an interactive process with respect to an employee's request for a reasonable
accommodation, including, but not limited to, t:
-+emporary transfer to a less strenuous or hazardous position, should one be available, unless such
accommodation imposes an undue hardship on the city.
School Conference Leave Policy
Employees who work at least half time a=e eatidedmay take pup to sixteen 16 hours unpaid leave
during any 12-month period to attend school conferences or classroom activities related to the
employee's child (through secondary school), provided the conferences or classroom activities cannot be
31
scheduled during non -work hours. If an employee's child receives e'��'�echildcare services or attends a
pre -kindergarten regular or special education program, the employee may use the leave time to attend a
conference, or activity related to the employee's child, or to observe and monitor the services and
program, provided the conference, activity, or observation cannot be scheduled during non -work hours.
When the need for leave under this section is foreseeable, the employee must provide reasonable prior
notice of the leave to his or her immediate supervisor and make a reasonable effort to schedule the leave
so as not to unduly disrupt city business.
Employees may choose to use vacation leave for this absence but are not required to do so.
Bone Marrow/Organ Donation Leave
Employees who work an average of twenty (20) or more hours per week who seek to undergo a medical
procedure to donate bone marrow or an organ or partial organ may take up to forty (40) hours of paid
leave. The forty (40) hours is over and above the amount of accrued time the employee has earned. The
city may require verification by a physician of the purpose and length of each leave requested by the
employee, to do to Lone maffe- - :If a medical determination indicates the employee does not qualify as
a donor, the paid leave is not forfeited.
National Guard and Military Leave
State and federal laws provide protections and benefits to city employees who are called to military
service, whether for training or on active duty. Such employees are entitled to a leave of absence
without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engage
in training or active service not exceeding a total of 15 days in any calendar year.
The leave of absence is only in the event the employee returns to employment with the city as required
upon being relieved from sef"ee, erservice or is prevented from returning by physical or mental
disability or other cause not the fault of the entp6jt� employee or is required by the proper
authority to continue in military or naval service beyond the fifteen (15) day paid leave of absence.
Employees on extended unpaid military leave will receive fifteen days paid leave of absence in each
calendar vear. not to exceed five vears.
Where possible, notice is to be provided to the city at least ten working days in advance of the
requested leave. If an employee has not yet used his/her fifteen days of paid leave when called to
active duty any unused paid time will be allowed for the active -duty time, prior to the
unpaid leave of absence.
With few exceptions, employees returning from military service will be reemployed in the job that they
would have attained had they not been absent for military service and with the same seniority, status
and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be
considered hours worked for the purpose of vacation leave and sick leave accruals.
Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen days
will follow the same procedures as for anv emplovee on an unpaid leave of absence.
Employees will be granted up to ten working days of unpaid leave whose immediate family member is
a member of the United States armed forces who has been injured or killed while engaged inactive
service. The 10 days may be reduced if an employee elects to use appropriate accrued paid leave.
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Unless the leave would unduly disrupt the operations of the city, employees whose immediate fainily
member, as a member of the United States armed forces has been ordered into active service m
support of a war or other national emergency, will be granted an unpaid leave of absence, not to
exceed one days duration in any calendar year, to attend a send-off or homecoming ceremony for the
mobilized service member.
leave of absenee ffofn public offiee of employffiefit without los� —"F"Yl status, effic-feiiey, ,
vaeatioii leave, siek leffve, of othef benefits fof the time that s/he is engaged with the fese. i tffflflfftg
sefviee so leiig as such lewe does iiet exeeed a total of fifteeii (15) days in fttiy eFAefidaf yeaf.
Stich leave wiU be allowed efAy in eases whefe the fequired sefviee is satisfitetefAy peffefffied. Stleh le
Jury Duty Leave and Court Appearances
33
Employees arebe allowed a leave of absence pursuant to state statutes without restriction or sanction
when called for jury duty.
■ An employee performing jury duty
or testifying in court for city -
related business will receive the difference between his/her regular rate of pay and the amount
received as juror or witness up to the maximum allowed by state or federal law. Upon receipt of
payment from the court, documentation of payment shall be provided to Human Resources.
■ The employee must notify his/her supervisor and �e-initiate a leave of absence
within forty-eight (48� hours of receiving call for jury duty.
■ An employee excused or released from jury duty during4tisfher regular work hours must report
to his/her supervisor immediately thereafter.
■ Time spent on jury duty will not count as time worked in computing overtime.
Victim or Witness Leave
Employees subpoenaed or requested by athe prosecutor to testify court
of giv�g-+esftmeay related to sexual assault, domestic abuse, or stalking, who is the victim or is the
spouse or immediate family member of such victim, shall be allowed the use of sick leave for reasonable
time off from work to attend criminal proceedings related to the victim's case. See the Safety Leave under
the Sick Leave Policy for additional information.
Bereavement Leave
Regular full-time and regular part-time employees working a minimum of 1,040 hours per year are
permitted a paid lu,...e. ty,... e T eave from scheduled work tofef the pttfpe make funeraling
arrangements, for funeral attendance , to carei fig forte survivors, gathering with
relatives, and/or to otherwise grieve a familial the loss wh fi � death ocettfs in theif fam . Bereavement
leave is prorated for eligible regular, part-time employees according to the number of hours worked.
Leavewith py is limited to the following:
■ Up to five (5) days:- Husband, wife, mother, father, son, daughter, brother, sister, stepmother,
stepfather, stepson, stepdaughter, stepbrother, and stepsiste-f, psister.
■ Up to three (3) days: -Son-in-lLaw, daughter-in-law, mother-in-law, father-in-law, grandparent, or
gfafid grandchild.
• One (1) day: Aunt, uncle, cousin, niece, nephew, sister-in-law, brother-in-law, Godchild,
grandparents -in-law.
■ With city administrator approval, leave may be granted in certain unique family arrangements.
Leave Days off shaU.days shall be concurrent unless approved by the city administrator and. if thefe
aeed faf days that afe aot ceaetiffent, these days shaR be affanged with youf supervisor and appfeved-by
Additional time off for bereavemente may be granted and charged to vacation leave or
compensatory time, if available. Employees covered by a collective bargaining agreement shall receive
bereavement benefits as stated in the collective bargaining agreement.
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General Leave
The city recognizes that unique personal aatttfe circumstances of a tiflique pefseaal aatufe may cause an
employee to seek time off without pay. The city may, at its sole discretion, grant unpaid personal leaves
of absence to employees (General Leave). Approval is required from of4the employee's immediate
supervisor, die -department director, and the city administrator
General Leave shall not exceed ninety (90)
days, unless special approved by f' - a r the city administrator.
Vacation and sick leave dowill not accrue during a General Leave andthe employee oa G eaef
Leitvew�'&' is not eligible for holiday pay . The city will not contribute to the cost of
insurance premiums for an employee on General Leave.
Employees are expected to return from General Leave when the reason for the leave expires. -Employees
who take a General Leave have no right to reinstatement.
Voting and Election Judge Leave
Per state statute, evefy employees eligible to vote in a~ eleetioa has the right to be absent from work for
the time necessary to appear at the employee's polling place, cast a ballot and return to work on the
election day of that elect on without penalty or deduction from salary or wages because of the absence.
The city or other person may not directly or indirectly refuse, abridge, or interfere with this right or any
other election right of an employee.
An election means a regularly scheduled state primary or general election, an election to fill the vacancy in
the office of United States Senator, United States Representative, State Senator or State Representative,
or a Ppresidential Pprimary.
State statute also provides for ftrremployees to haves paid time off to serve as
an election judge with ; at least twen 20� days advance written notice. The city
will reduce the employee's pay by the amountthe employeeis paid to serve as an election judge.
Administrative Leave
Under special circumstances, an employee may be placed on an administrative leave pending the outcome
of an internal or external investigation. The leave may be paid or unpaid, depending on the
circumstances, as determined by the cEity aAdministrator.
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General Benefits
Following is an overview of benefits available to eligible employees. The descriptions provided are not
intended to be comprehensive and all questions regarding eligibility and benefit levels should be directed
to Human Resources. The plan documents govern any inconsistencies between these
plan documents and the information provided in this section. Benefits and eligibility requirements are
subject to change, and such changes may not be reflected in this description.
The city reserves the right, in its sole discretion, to change, modify or eliminate benefits at any time,
except to the extent prohibited by law.
Insurance
Various insurance policies, including group medical insurance, may be available for eligible city employees
and their dependents. Information about the benefits an employee is eligible for are provided to them
during their orientation. Questions about benefits should be directed to Human Resources.
The eligibility requirements and benefits provided are specified in materials provided by the respective
insurance carriers. Carriers may have different requirements concerning -the eligibility and
they willgovern eligibility.
Under some circumstances, eligible employees and their dependents may have the option of continuing
coverage under certain city employee insurance plans for a limited time at the employee's own expense
when coverage would otherwise end. This continuation right is provided in accordance with the
Consolidated Omnibus Budget Reconstruction Act of 1985 (COBRA) and applicable state law.
l
Retirement/PERA
The city participates in the Public Employees Retirement Association (PERA) to provide pension
benefits for its eligible employees to help plan for a successful and secure retirement. Participation in PERA is
mandatory for most employees, and contributions into PERA begin immediately. The city and the
employee contribute to PERA each pay period as determined by state law. Most employees are also
required to contribute a portion of each paycheck for Social Security and Medicare (the city matches the
employee's Social Security and Medicare withholding for many employees). For information about PERA
eligibility and contribution requirements, contact Human Resources.
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Employee Development / Tuition Reimbursement
The city encourages and recommends lifelong learning and offers reimbursement to
regular, full-time employees for up to 75% of the tuition paid by the employee, excluding scholarships
and grants up to a maximum reimbursement of $3,000 per year (based on the date ..,.:w.b.. fs ....,..A
paiilbudget year the expense is applied) for accredited college or other elxsses-instruction directly related
to the employee's position with the city. To be eligible for reimbursement the following requirements
must be met:
1. Prior to elass registration, a completed Tuition Reimbursement Request Forma must be signed and on
file with Human Resources; and
2. The instruction must be paf alto obtain a degree, certification, or licensu-re grog and
apply directly to the employee's position or be required to complete an associate, bachelor's,
master's, or doctorate degree in the field in which the employee works; and
3. The employee must successfully complete the elassinstruction. If letter grades are assigned, the
minimum grade required for reimbursement is a C; and
4. The reimbursement must be submitted within 60 days of elass-instruction completion.
Books, activity fees, technology fees_and other non -tuition fees --charges do not qualify for
reimbursement.
All elxsses-instruction must be taken on employee time and time spent on elxsses-instruction is not
considered hours worked. If any portion of the employee's class/development activity is conducted
during regular work hours, the employee must take vacation or compensatory leave, an unpaid leave of
absence, if approved, or arrange for flexible scheduling, if approved by the department director.
Courseslasses taken to maintain licensure, affiliation, certification, or credentialing as
well as work -related seminars and training are paid for with City Council approved
budgeted training fthads whieh afe budgeted eaeh by, the City Ce funds.
Employee Wellness
In an effort to promote wellness, the city maintains and encourages the use of a fitness room equipped
with exercise equipment. Employees afe eneettfaged to use the fitfiess foom. Please fead afid siga4lhe
policy attached as Exhibit A must be read, signed, and returned to Human Resources before using the
fitness room.
Through -out the year, events are provided by the city's Health Rewards Program Committee to promote
overall health and wellness. Participation is encouraged.
37
General Policies
Smoking, e-&Vaping, and Tobacco Free Policy
The city complies with the Minnesota Clean Indoor Air Act. All city buildings
and vehicles, in their entirety shall be designated as tebaeeo-smoke free, meaning that smoking in any
form (through the use of tobacco products such as pipes, cigars, and cigarettes , or
"vaping" with e-cigarettes is prohibited while in a city facility or vehicle.
Smoking and vaping of any kind, ineluding pipes, cfgafs, eigafettes. ,
use of ehewine tobac is prohibited while on duty except for. 4�hese aeti _:r"
a employees 214-8 and over only during their breaks and lunch, and only in areas designated
for that purpose. Employees who use chew/spit tobacco shall not do so in the presence of the public
and with respect to fellow employees and shall not cause damage to or soil city vehicles, equipment, or
facilities.
employees,
Employees violating this policy may be subject to disciplinary action -up -to and
including termination.
Appearance and Dress
Employee appearance is a direct reflection on the professionalism of city services. Departments may
establish dress codes for employees as part of departmental rules. Personal appearance should be
appropriate to the nature of the work and contacts with other people and should present a positive
image to the public. Clothing,jewe4, or other items that could present a safety hazard are not
acceptable in the workplace. To respect the rights of employees with fragrance sensitivities, fragrances
should be minimal or not worn.
choosing . Clothing must always be clean, neat, and in good repair. Good hygiene is always
expected. The City Dress and Appearance Policy is available on Access Elk Kiver.
Violation of this Policy may result in discipline up to and including termination.
Electronic Communication Devices
The city provides telephonic equipment (land line and cellular), computer equipment and software, and
services used to communicate and supply email, voieefnxilvoicemail, and internet data access. -The
equipment and services are the property of the city and are intended to be used for official city business.
Employees who intentionally misuse Electronic Communication Devices may be subject to discipline up
to and including termination. -Please reference specific city policies regarding issue eligibility and use of
electronic communication devices such as 800 MHz radios, cell phones, smartphones, and ipads/tablets.
Telephone Use
It is critical that employees be courteous, tactful, professional, and efficient on the telephone. Employees
are expected to answer and return calls promptly.
Personal calls made of feeei-_ a must not interfere with city work. should be
brief and made only when necessary. Preferably, personal calls should be made
during scheduled rest breaks or lunch periods.
The Mobile Phone Policy can be found on Access Elk River.
iPad/Tablet Device Use Policy
The Citv Council has authorized the purchase and assignment of ipads and tablet devices to enhance
workflow, reduce paperwork, increase efficiency, and enhance internal and external communication. The
full citv policv which includes purpose. use. care. and user responsibilities can be found on Access Elk
River.
Email and Voicemail Use
Emails and voicemails are subject to the Minnesota rRecords rManagementetention and
Employees should be awafe that theif email/voieemaA may be subjeet to the Minflesota Government
Data Practices Acts and could be classified as public information.
While occasional use of these services for personal, non -business use is acceptable, employees must
demonstrate a sense of responsibility and may not abuse email or voicemail privileges.
Communication sent via email or voicemail must be respectful in tone and professional. The
transmission, retrieval, or storage of discriminatory, harassing, derogatory, e -obscene, e&-defamatory, or
threatening messages are forbidden. Email shall not be used for chain letters or for any purpose which is
illegal, against city policy, or contrary to the city's interests.
There is no expectation of privacy with fegafd toregardin- city email or voicemail. The city has the
capability to retrieve mail messages even after deletion. Furthermore, the use of passwords on the email
and voicemail system does not mean that messages stored on those systems are confidential or may not
be retrieved or reviewed by others. The city reserves the right to review employee email files, messages,
and usage at any time and without notice and/or permission.
Employees must respect other's electronic communications and may not obtain unauthorized access to
another's email or voicemail messages, except pursuant to direction from the city administrator for the
purposes specified above.
Internet Access and Use
Acceptable uses of Internet access services include information for business -related purposes,
professional education, and professional development.
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Employees must respect all copyrights and intellectual property rights of materials, and may not copy,
retrieve, modify, or forward copyrighted, patented, or trademarked materials except as permitted by the
owner or as a single copy for reference use only.
Internet access and use is not confidential. The city has the right to monitor individual iInternet usage
and to review individual ilnternet usage logs.
Bandwidth Conservation
The city provides for access to the Internet for several key government functions, such as
police access to records and public access to public records. To ensure
sufficient bandwidth to access applications, the city4i-ts implementsted bandwidth conservation
measures, which include blocking websites witlithat no instructional or administrative value. Use of
Internet radio stations for casual listening and/or background music is strictly prohibited. Employees
shall not download music files.
Password Policy
Passwords protect access to vital city technology resources utilized for daily business. The City Password
Policy can be found on Access Elk River. The policy outlines the purpose, rules for password use and the
composition.
Travel Expenses
An employee will be reimbursed for actual and necessary expenses incurred when travelling on official
city business only upon approval of such expenses by the City Council in accordance with the city Travel
Policy. To receive reimbursement, promptly complete the appropriate claim form and submit to the
appropriate department director for consideration and approval.
The Travel Policy can be found in the city's Financial Management Policy on Access Elk River.
Keys and Security
Eaeh-employees areis responsible for securing theirhi4her work area at the end of each day. Properly
secure all confidential files and sensitive information. All keys in your possession that are for city facilities
and/or equipment must be returned to your supervisor upon separation from
employment.
Personal Use and Disposal of City Property
PefsefiaPc�
CAU-eity property and equipment is publiely owftedshall only be used in the performance of official city
business. City -owned equipment and facilities are not available for personal use by employees. Personal
use of -Al city vehicles, machinery, tools, and other equipment is strictly prohibited.
As city property becomes obsolete, damaged, or is no longer t-needed, it shall be disposed of through
salvage, trade, public auction, bid, or other means.
all
Disposal by sale or auction requires a public notice be advertised in the official newspaper and a posting
at City Hall and other locations as deemed appropriate. The appropriate department director will
determine the minimum price for each item to be sold.
City property shall not be given away to anyone, including employees.
An employee may purchase no more than one motor vehicle from the city or another political
subdivision in any 12-month period.
Employees involved in the auction or process pertaining to the administration and collection of sealed
bids are prohibited from purchasing city property.
Unauthorized removal of city property or its conversion to personal use may result in discipline up to and
including termination.
Use of City Vehicles
City -owned vehicles may be used only by employees for official city business. Employees who drive or
may be required to drive city vehicles and equipment must maintain a safe driving record and observe all
traffic laws. Seat belts must be properly used at all times. The use of electronic communications devices
(cell phones, smart watches) is prohibited unless you are having an emergency or in an emergency vehicle
performing official duties. Drivers must carry a current, valid driver's license that is adequate for the type
of vehicle driven. Operating a city vehicle without a valid driver's license will result in disciplinary action
up to and including termination. All employees must abide by the city's Fleet Safety Program including
drug and alcohol testing for all employees who are involved in an accident while driving a city vehicle.
Passengers may be carried only when necessary to conduct city business and/or when their
transportation via city vehicle is in the best interests of the city. City vehicles may not be used to travel
from work to an employee's residence for rest or lunch breaks without prior supervisor approval.
Employees conducting official business out of town (conventions, meetings, etc.) may carry family
members as passengers if such accompaniment does not interfere with the best interests of the city and
upon approval by the department director.
Resident Complaints
Resident complaints provide an opportunity for feedback and identifying problem areas. How well
complaints are handled determines the level of confidence and respect the public holds for their
municipal government.
When handling a complaint, be polite and never argue with the complainant even if s/he is angry,
unreasonable, or insulting toward you and the city. Stay calm, cool, and collected.
When a complaint is received, complete the following steps:
Receive and record information pertinent to the complaint.
Determine which employee is responsible to investigate and take corrective action and forward
the complaint accordingly.
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■ Follow-up errto ensure action has been taken to correct the problem.
Emergency Closing
City facilities will generally be open during adverse weather. Due to individual circumstances, each
employee will have to evaluate the weather and road conditions in deciding to report to work (or leave
early). Employees not reporting to work for reasons of personal safety
Employees -will be allowed to use accrued vacation time or
compensatory time, or with supervisor approval, may modify the work schedule or make other
reasonable schedule adjustments.
Sworn police officers, wastewater treatment operators, and public works maintenance employees will
generally be required to report to work regardless of conditions.
Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by
the respective department director after consultation with the city administrator.
Employee Participation in the City Fire Department
Employees are allowed and encouraged to participate as a part-time paid on call firefighter in the Elk
River Fire Department. The following pay provisions, in accordance with state and federal laws, apply to
employees who also work outside of their regular department as part-time paid firefighters:
Fire Calls During Working Hours
An employee will be allowed to respond to fire calls as approved and determined by his/her department
director, based on the work assignments and responsibilities of the employee.
Employees responding to fire calls during regular work hours will be compensated at the same rate as
his/her regular city position with no additional firefighter paid compensation. An employee who
completes (flexes) regular work hours interrupted for a fire call during the same day will also receive
firefighter pay for the fire call.
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Employees responding_Wwhile on vacation or compensatory time off, of if s/he makes up the time so
s{he
ffia-ywill also receive firefighter pay for the fire c 1pefied claimed as vaeatioa, eempeasatefr, of make V
Fire Calls During Non -Work Hours
Employees will receive their normal firefighter ap y for fire calls and training that do not
occur during the regular work hours of their regular position.
Application of Fair Labor Standards Act (FLSA)
Employees will be paid overtime in accordance with the FLSA and the city Overtime Policy. Actual time
worked will be used for determining overtime payment, with no consideration to the one
minimum call out pay provision for firefighter pay. For example, a false alarm that requires 15 minutes of
work will be counted as 15 minutes for FLSA purposes even though the minimum call out of one hour
of pay would apply for firefighter pay purposes.
By advance mutual agreement, overtime earned for performance of fire department activities may be paid
at one and one-half times the employee's firefighter pay rate.
Employee Participation in the Police Reserves
City employees who are also member of the Elk River Police Reserves and are paid for their work as a
Reserve Officer shall be paid overtime at the Reserve rate when Reserve work contributes to the FLSA
requirement for overtime compensation.
Regular position hours worked as overtime shall be paid at the regular overtime rate.
Political Activity
Employees may belong to a political party and are entitled to complete freedom from all interference in
casting votes. Employees may seek election or appointment to public office, except to the extent
prohibited by the provisions of state or federal law.
Political activity must not interfere with an employee's job duties or performance. Political activity during
work hours is prohibited.
Candidacy
Employees who become candidates for elective office may request a leave of absence for the purpose of
pursuing their candidacy, which may be granted at the city's sole discretion.
To the extent that any employee, including one campaigning for office, is unable to perform his or her
duties, s/he may be subject to disciplinary action, up to and including termination.
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Labor Relations
Communication
The city encourages open communication throughout the organization to share information and ideas, to
raise concerns, and to provide suggestions for improvement.
To foster communication and improve responsiveness, the city employs an administration -/-management
structure (chain of command) -with a defined span of controls intended to enhance communication
and accessibility to supervisors, managers, and department directors.
Employees shall first direct all communication to their immediate supervisor. Supervisors shall respond
to all inquiries, concerns or suggestions in a timely manner. Violations of policies, including
this policy shall be filed in accordance with the City Grievance Procedure.
In the event the employee's inquiries, concerns, or suggestions eeneerrsare not addressed in a timely
manner, or s/he anticipates negative repercussions from communication with the immediate supervisor,
the employee may direct the communication to the immediate supervisor's supervisor. Concerns and
suggestions shall be advanced to each step including department director, human resources, and city
administrator ift the evew th " f closure did not occur at the earliest possible level of communication.
Bypassing a step in the administration/management structure does not constitute insubordination.
Insubordination in the workplace refers to an employee's intentional refusal to obey an employer's lawful
and reasonable orders. Such a refusal would undermine a supervisor's level of respect and ability to
manage and, therefore, is often a reason for disciplinary action, up to and including termination.
Peheyffi Elected and appointed officials, including mayor, council members, and commissioners
frequently solicit employee feedback to better understand operations, improve policy, and to ensure
quality service. Suggestions, grievances, and concerns shall only be addressed with policymakers following
the exhaustion of resolution through the administration/management
structure.
Notwithstanding the previous paragraph, a disagreement between employee and supervisor Oa he
to handle a speeific issue by, i shall not be a reason to bypass the administration/management
membefs of the mffiflgemew structure and bring issues to poheymakers elected or appointed officials.
Directors, managers, and supervisors shall respect the administration/management structure of other
departments and divisions by coordinating work direction through the respective department director.
Retribution or retaliation by supervisory staff for the expression of ideas is not tolerated. A supervisor's
decision to not act on or accept an employee's suggestion or recommendation shall not be construed as
retribution, retaliation, or inaction.
Discipline
The city retains the right to take any disciplinary action deemed appropriate based upon the nature and
severity of the infraction(s) and the conditions surrounding the incident. The city retains the sole
discretion to determine what behavior warrants disciplinary action and which action will be imposed.
The city may use progressive discipline aftempt correct th-e-negative behavior rather than to
punish the employee . There may be circumstances that warrant
deviation from the suggested order or where progressive discipline is not appropriate. Nothing in these
personnel policies implies that any city employee has a contractual right or guarantee (also known as a
property right) to the job he/she performs.
Documentation of disciplinary action taken will be placed in the employee's personnel file with a copy
provided to the employee.
The following are descriptions of the types of disciplinary actions:
Oral Reprimand
This measure will be used where informal discussions with the employee's supervisor have not
resolved the matter. All supervisors can issue oral reprimands without prior approval.
Oral reprimands are normallygiven for first infractions on minor offenses to clarify expectations and
put the employee on notice that the performance or behavior needs to change, and what the change
must be. The supervisor will document the oral reprimand including dates.) and a summary of
discussion and corrective action needed.
Written Reprimand
A written reprimand is more serious and may follow an oral reprimand when the problem is not
corrected, or the behavior has not consistently improved in a reasonable per4ed of tim period.
Serious infractions may require skipping either the oral or written reprimand, or both. Written
reprimands are issued by the supervisor with prior approval from the city administrator.
A written reprimand will: (1) state what happened, (2) state what should have happened, (3) identify
the policy, directive or performance expectation that was not followed, (J) provide history, if any, on
the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate
consequences of recurrence.
Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees'
signatures do not mean the employee agrees with the reprimand. Written reprimands will be placed in
the employee's personnel file.
Suspension With or Without Pad
The city administrator may suspend an employee without pay for disciplinary reasons. Suspension
without pay may be followed with immediate dismissal as deemed appropriate by the City Council,
except . the case of veterans. Qualified veterans, who have completed their initial probationary
period, will not be suspended without pay in conjunction with a termination.
The employee will be notified in writing of the reason for the suspension either prior to the suspension
or shortly thereafter. A copy of the letter of suspension will be placed in the employee's personnel file.
An employee may be suspended or placed on Administrative Leave pending an investigation of an
allegation involving that employee. The leave may be with or without pay depending on
the nature of the allegations. If the allegation is proven false aftef the inve,
the relevant ,-documents shall be removed from the employee's personnel file and the
employee will receive any compensation and benefits due had the suspension not taken place.
Demotion and/or Transfer
An employee may be demoted or transferred if attempts at resolving an issue have failed and the city
administrator determines a demotion or transfer to be the best solution to the problem.
The employee must be qualified for the position to which they are being demoted or transferred. The
City Council must approve this action.
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Salary
An employee's salary increase may be withheld, or the salary may be decreased due to performance
deficiencies.
Dismissal
The city administrator, with the approval of the City Council, may dismiss an employee for
substandard work performance. serious misconduct. or behavior not in keepinLY with city standards.
If the disciplinary action involves the removal of a qualified veteran, who has completed his/her initial
probationary period, the appropriate hearing notice will be provided, and all rights will be afforded the
veteran in accordance with Minnesota law.
While the city strives for consistency, the level of discipline taken in any given case does not establish a
precedent for future similar circumstances.
This policy does not change the fact that city employment vAth-th-e-�is at -will, meaning than
employee and the city have the right to terminate employment at any time and for any reason, with or
without cause or notice.
Grievance Procedure
Any dispute between an employee and the city relative to the application, meaning, or interpretation of
personnel policies will be settled in the following manner:
Step I _
The employee must present ate grievance in writing, stating the nature ,the facts in
which it is based, the provision(s) of the personnel policy allegedly violated, and the remedy requested, to
the immediate supervisor within twelve 12 days after the alleged violation or dispute has
occurred. The immediate supervisor will respond to the employee in writing within seven (7) calendar
days.
Step 2 -
If the grievance is not settled in accordance with Step 1, it must be presented in writing, stating the nature
of the grievance, the facts in which it is based, the provision(s) of the personnel policy allegedly violated
and the remedy requested, to the department director within seven (7) days after the due date of the
supervisor's response. The department director will respond to the employee in writing within seven (7)
calendar days.
M
Step 3 -
If the grievance is not settled in accordance with Step 2, it must be presented in writing, stating the nature
of the grievance, the facts in which it is based, the provision(s) of the personnel policy allegedly violated
and the remedy requested, to the city administrator within seven (7) days after the due date of the
department director's response. The city administrator or his/her designee will respond to the employee
in writing within seven (7) calendar days. The decision of the city administrator is final for all disputes
with exception of those specific components in a performance evaluation subject to a challenge through
the Department of Administration.
Waiver -
If a grievance is not presented within the time limits set forth above, it will be considered "waived." AI€ -a
grievances not appealed to the next step in the specified time limit or any agreed extension thereof '-ft
will be considered settled on the basis oused on the city's last answer. If the city does not answer a
grievance or an appeal within the specified time limits, the employee may elect to treat the grievance as
denied at that step and immediately appeal the grievance to the next step. The time limit in each step may
be extended by mutual agreement of the city and employee without prejudice to either party.
The following actions are not grievable:
■ While certain components of a performance evaluation, such as disputed facts reported to be
incomplete or inaccurate are challengeable, other performance evaluation data, including
subjective assessments, are not.
■ Pay increases or lack thereof
The above list is not meant to be all inclusive or exhaustive.
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Safety
The city seeks to ensure the personal safety of employees and to prevent occupationally induced injuries
and illnesses. To the greatest degree possible, management seeks to maintain a safe and hazard -free work
environment.
It is the policy of the City Council to provide employees with safe working conditions through the
following means:
A Safety Committee consisting of employees and management representing each department and
employee group is charged with creating and maintaining a safety program in compliance with all
applicable federal, state, and local laws.
The Committee or sub -committee reviews occupational illness and injury, and incidents that result in
damage to city property, and strives to take action to ensure that unsafe work methods, unsafe work sites,
and unsafe equipment are identified and made safe.
All employees are required to fully comply with the Safety Program as administered by the Safety
Committee.
Department directors, management, and supervisory employees are responsible for implementing the
Safety Program by training their employees in safe work methods and by enforcing compliance with
safety standards set by the Safety Committee.
Department directors are responsible for providing all employees with the safety equipment and safety
clothing that is necessary for employees to perform their duties in a safe manner.
New employees shotdd receive a copy of the City of Elk BiverEmployee Safety Manual
empleyffwwduring their onboarding. Employees are required to read the manual carefully and discuss
areas of concern with their supervisor. Employees are required to develop safe work habits and to
contribute to the safety of themselves and co-workers.
To be successful, the safety program must be the shared responsibility of all employees. Employees are
required to:
■ Immediately report to their supervisor all unsafe equipment, practices, or procedures that pose a
threat to the safety of employees or others,;
■ Cooperate with and assist in the investigation of accidents to identify the causes and to prevent
recurrence,;
■ Be active in department and city safety programs,;
■ Observe and promote safe work habits,
■ Report injuries to supervisor immediately.
Employees who do not follow and abide by the city's safety policies will be subject to discipline up to and
including termination.
Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of
employment that such equipment be worn by the employee.
Supervisors are authorized to send an employee home immediately when the employee's behavior
violates the city's personnel policies, department policies, or creates a potential health or safety issue for
the employee or others.
Safety Equipment Reimbursement
The city reimburses employees for certain foot and eye protection required by the city safety policy.
Employees required to wear protective footwear may be reimbursed based on the Foot Protection Policy
attached as Exhibit B. Employees required to wear eye protection may be reimbursed based on the
Prescription Safety Eyewear Policy attached as Exhibit C.
Incident Reporting
Employees are required to report accidents resulting in personal injuries and/or vehicle, equipment, or
property damage to their supervisor immediately.
Employees shall immediately report all accidents and injuries occurring within the course of employment
to their supervisor and complete an Employee Incident Report. The supervisor shall submit a
Supervisor's Report of Injury Form to Human Resources within twenty-four (24) hours of the injury.
Both forms are on Access Elk River.
Employees shall immediately report all damage to city property to their supervisor. The supervisor shall
submit documentation regarding the incident to the Finance Department within twenty-four (24) hours
of the time of the damage or accident. A copy of the Minnesota Motor Vehicle Accident Report must be
submitted for all vehicle accidents.
Further details on this policy and a complete summary of responsibilities and procedures are available
from the Safety Coordinator.
Workers' Compensation
An employee temporarily unable to work due to an injury or illness sustained in the performance of their
city work may be eligible for Workers' Compensation subject to the provisions of the State of Minnesota
Workers' Compensation Law.
An employee who becomes eligible to receive Workers' Compensation will retain the total amount of the
Workers' Compensation check and may receive the difference between their Workers' Compensation
payment and the employee's regular gross salary ith accrued sick leave. If accrued
sick leave is not available, vacation or compensatory time may be used. The total of the Workers'
Compensation check and the accrued leave compensation may not exceed the employee's normal gross
pay-
Conduct
Ethics of Public Employment
The Ccity of Elk Rivef affirmsfitids that it is in the public's interest and general welfare of the
communitvity and its residents that a statement of ethics beis established for all city employees.
Employees shall not use their official position for personal gain, engage in any business, transaction, or
have a financial interest, directly or indirectly,- which is is in e0afl et -T it conflicting with the proper
performance of their official duties.
Accepting Gifts
Employees shall not accept, either directly or indirectly, any money, property, gift, gratuity, reward, loan,
fee, discount, special consideration, or special accommodation arising from or offered because of their
employment or any activity connected with their employment with the city.
Employee Endorsements
No employee shall, in any manner or form, endorse, recommend, or advertise a product or service by
using the city's name or the employee's name and/or title.
Conflict of Interest
The credibility of local government rests heavily upon the confidence-Alfft residents have in public
officials ffid empleye to render fair and impartial services to all without regard to personal interest
and/or political influence. Thus, city officials and employees must scrupulously avoid any activities that
suggest a conflict of interest between their private interests and city responsibilities.
The city has adopted a Conflict of Interest Ordinance that addresses these issues (Chapter 2, Article 3,
Division 3, Section 2-1321. Employees and officials are required to follow all applicable laws related to
conflicts of interest, including the city's Conflict of Interest Ordinance which can be found on
ifitfanet4ccess Elk River and in the City Code of Ordinances.,
Whistleblower Protections
An employee of the cEity who, in good faith, reports an activity that s/hers considers to be illegal or
dishonest to one or more of the parties may have whistleblower protections. The whistleblower is not
responsible for investigating the activity or for determining fault or corrective measures; appropriate city
management officials are charged with these responsibilities.
Examples of illegal or dishonest activities include violations of federal, state, or local laws; billing for
services not performed or for goods not delivered; and other fraudulent financial reporting.
If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity the employee
is to contact his/her immediate supervisor or Human Resources. The employee must exercise sound
judgment to avoid baseless allegations. An employee who intentionally files a false report of
wrongdoing may be subject to discipline up to and including termination.
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It is the city's legal responsibility to protect employees who make a complaint of employment
discrimination, who serve as a witness or participate in an investigation, or who are exercising their
rights when requesting religious or disability accommodation from retaliation.
Whistleblower protections are provided in two important areas - confidentiality and against retaliation;
insofar as consistent with Minnesota Government Data Practices, the confidentiality of the
whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough
investigation, to comply with the law and to provide accused individuals their legal rights of defense.
The cEity will not retaliate against a whistleblower. This includes but is not limited to, protection from
retaliation in the form of an adverse employment action such as termination, compensation decreases,
or poor work assignments and threats of physical harm. Any whistleblower who believes s/he-�she is
being retaliated against must contact Human Resources immediately. The right of a whistleblower for
protection against retaliation does not include immunity for any personal wrongdoing
Sexual Harassment and Respectful Workplace
EAlhemployees have a right to work in an environment free from discrimination and intimidation,
including harassment. The mission of the city is best accomplished in an atmosphere of professionalism
that in turn is supported by mutual respect and trust. The city expects all employees to work toward this
goal.
Harassment based on a person's race, color, creed, religion, national origin, sex, sexual orientation,
gender, gender identity. gender expression, disability, age, marital status, familial status, pregnancy, status
with reg oregarding public assistance, veteran status, or any other protected class status may be
unlawful and is strictly prohibited.
Abusive Customer Behavior
While the city has a strong commitment to customer service, the city does not expect employees to
accept verbal and other abuse from any customer.
An employee may request that a supervisor intervene when a customer is abusive, or the employee may
defuse the situation themselves, including professiona4 ending the contact.
If there is a concern about the possibility of violence, the iftdividtwtlemployee should use his/her
discretion to call 911, and as soon as feasible, a supervisor. Employees should leave the area immediately
when violence is imminent unless their duties require them to remain (such as police officers). Employees
must notify their supervisor about the incident as soon as possible.
Definitions of Sexual and Other Forms of Harassment
Harassment consists of unwelcome conduct based on a person's race, color, creed, religion, national
origin, sex, sexual orientation, gender, gender identity. gender expression -disability, age, marital status,
familial status, pregnancy, status with regard to public assistance, veteran status, or any other protected
class status that is interfering with your job performance; or creating an intimidating, hostile, or offensive
work environment; or when submission to such conduct is explicitly or implicitly:
'a term or condition of employment; or
■ a basis for an employment decision affecting your job; on
■ has the purpose or result of unreasonably interfering with your work performance or creating an
intimidating, hostile, or offensive work environment.
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The city prohibits harassment in any form, including verbal, physical, and visual harassment.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated
physical contact or other verbal or physical conduct or communication of a sexual nature that is
interfering with your job performance; or creating an intimidating, hostile, or offensive work
environment; or when submission to such conduct is explicitly or implicitly:
a term or condition of employment; or
a basis for an employment decision affecting your job; on
■ Has the purpose or result or unreasonably interfering with your work performance or creating an
intimidating, hostile, or offensive work environment.
The city prohibits sexual harassment in any form, including verbal, physical, and visual harassment.
Some examples of conduct that may be sexual harassment under this policy include:
Use of offensive or demeaning terms which have sexual connotations,;
■ !telling suggestive jokes or stories and conversations about sexual exploits, sexual preferences,
and desires„
Posting iookes, cartoons, pictures, eleetsobjects, or stories which have a sexual content,;
Tthreats, demands or suggestions that an employee's work status, advaneemeiitadvancement, or
other terms and_ conditions of employment are contingent upon the employee's toleration of or
acquiescence to unwelcome sexual advances„
Rrepeated, unwelcome sexual flirtations, propositions, or invitations to social engagements; or
unwelcome and objectionable physical contact or physical proximity.
Types of Disrespectful Behavior
■ Violent behavior including the use of physical force, harassment, bullying, or intimidation.
■ Discriminatory behavior including inappropriate remarks about or conduct related to a person's
legally protected characteristic such as race, color, creed, religion, national origin, disability sex,
gender, pregnancy, marital status, agesexual orientation -gender identity or gender expression,
familial status, or status y6j6fegatd-joregardingf2ublic assistance.
■ Offensive behavior including such actions as rudeness, angry outbursts, inappropriate humor,
vulgar obscenities, name calling, disparaginlanguage, or any other behavior regarded as
offensive to a reasonable person. It is not possible to anticipate in this policy every example of
offensive behavior. Accordingly employees are encouraged to discuss with their fellow
employees and supervisor what is regarded as offensive, considering the sensibilities of
employees and the possibility of public reaction.
AlthouLyh the standard for how emplovees treat each other and the public will be the same
throughout the city there may be differences between work groups about what is appropriate
in other circumstances unique to a work group. If an employee is unsure whether a particular
behavior is appropriate. the emplovee should reouest clarification from their supervisor or the
city administrator.
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Scope of Policy
This policy prohibits same-sewharassment, sexual harassment, and disrespectful behavior -aftd
hafassm by members of the samee or opposite sex. In addition, this policy prohibits se-mi-tl
h,...,.ssm nt and any other form of harassment or disrespectful behavior by any individual, including
managers and supervisors, employees, co-workers, and third parties such as clients, elected officials,
consultants, contractors, or vendors who interact with employees.
Responding to Disrespectful Workplace Behavior
All employees should feel comfortable calling their supervisor or another manager to request assistance
should they not feel comfortable with a situation. If situations involve violent behavior call the police,
ask the individual to leave the area. and/or take other reasonable action.
If employees see or overhear what they believe is a violation of this policy, employees should advise a
supervisor. the city administrator. or human resources promptly.
Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in
one of the ways listed below. If there is a concern about the possibility of violence, the individual
should use his/her discretion to call 911, and as soon as feasible, notify a supervisor. In the event the
disrespectful behavior occurring involves the employee's supervisor, the employee should contact
human resources. the supervisor's manaLer. or the city administrator.
Step 1(a). If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the
the
disrespectful behavior how you feel about their actions. Politely request the person to stop the
behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with
you for this discussion.
Step 1(b). If you fear adverse consequences could result from telling the offender or if the matter is
not resolved by direct contact, go to your supervisor, human resources, your supervisor's supervisor,
or the city administrator. The person to whom you speak is responsible for documenting the issues
and for giving you a status report on the matter.
In some situations, such as with an offender from the public it is preferable to avoid one on one
interactions. Talk to your supervisor about available options to ensure there are others available to help
with transactions with the offender.
Step 1(c). The city urges conduct which is viewed as offensive be reported immediately to allow for
corrective action to be taken through education and immediate counseling, if appropriate. It is vitally
important you notify a supervisor, the city administrator, or human resources promptly of your
concerns. Any employee who observes sexual harassment or discriminatory behavior, or receives any
reliable information about such conduct, must report it promptly to a supervisor, human resources, or
the city administrator.
Reporting Harassment including Sexual Harassment
If at any time you feel you are being harassed, you should immediately contact:
• your supervisor; and/or
• a department director; and/or
Human Resources; and/or
■ the city administrator.
53
The city wants to resolve any problems, but it can do so only if it is aware of them. The city encourages
anyone who believes s/he is being harassed to immediately report all incidents of perceived harassment.
Your report may be verbal or written; in either case, it is important that you state that your report is being
made under this harassment policy, or that it concerns harassment. You may choose to whom you make
the report; that choice, however, must be made from the list of individuals named above.
The city will promptly investigate harassment complaints , and takee othef appropriate
action. EmployeesAny pefson who is found to have committed-pfohibited harassing acts will be
subject to corrective action up to and including termination.
City's Response
Employees who have a complaint of disrespectful workplace behavior will be taken seriously.
In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations
promptly to human resources or the city administrator, who will determine whether an investigation is
warranted. A supervisor must act upon such a report even if reauested otherwise by the victim.
In situations other than sexual harassment and discriminatory behavior, supervisors will use the
following guidelines when an allegation is reported:
Step 1(a). If the nature of the allegation and the wishes of the victim warrant a simple intervention, the
supervisor may choose to handle the matter informally. The supervisor may conduct a coaching
session with the offender, explaining the impact of his/her actions and requiring the conduct not
reoccur. This approach is particularly appropriate when there is some ambiguity about whether the
conduct was disrespectful. The allegation shall be reported to human resources or the city
administrator.
Step 1(b). Supervisors, when talking with the reporting employee, will be encouraged to ask him/her
what he/she wants to see happen next. When an employee comes forward with a complaint, it is
important to note the city cannot promise complete confidentiality due to the need to investigate the
issue properly. However, any investigation process will be handled as confidentially as practical and
related information will only be shared on a need to knowneed-to-know basis and in accordance with
the Minnesota Government Data Practices Act and/or anv other applicable laws.
Step 2. If a formal investigation is warranted, the individual alleging a violation of this policy will be
interviewed to discuss the nature of the allegations. Formal investigations will be prompt, impartial,
and thorough. The person being interviewed may have someone of his/her choosing be present during
the interview. Typically the investigator will obtain the following description of the incident, including
date, time, and place:
• Corroborating evidence.
• A list of witnesses.
• Identification of the offender.
To facilitate fostering a respectful work environment, all employees are encouraged to respond to
questions or to otherwise participate in investigations regarding alleged harassment.
Step 3. The supervisor must notify human resources or the city administrator about the allegations.
Step 4. In most cases, as soon as practical after receiving the written or verbal complaint, the alleged
policy violator will be informed of the allegations, and the alleged violator will have the opportunity to
54
answer questions and respond to the allegations. The city will follow any other applicable policies or
laws in the investigatoov process.
Step 5. After adequate investigation and consultation with the appropriate personnel, a decision will be
made regarding whether disciplinary action will be taken.
Step 6. The alleged violator and complainant will be advised of the findings and conclusions as soon
as practicable and to the extent permitted by the Minnesota Government Data Practices Act.
Step 7. The city will take reasonable and timely action, depending on the circumstances of the
situation.
The city is not voluntarily engagingin a dispute dispute resolution process within the meaning of Minn. Stat 6
363A.28, subd. 3(�b by adopting and enforcing this workplace policy. The filing of a complaint under
this policy and any subsequent investigation does not suspend the one-year statute of limitations
period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the
Commissioner of the Department of Human Rights.
Confidentiality
A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The
person's name and statements may have to be provided to the alleged offender. All complaints and
investigative materials will be contained in a file separate from the involved employees' personnel files.
If disciplinary action does result from the investigation, the results of the disciplinary action will then
become a part of the emplo, ee(s) personnel file(s).
No, -Retaliation
Retaliation is strictly prohibited. Retaliation includes, but is not limited to, any form of intimidation,
reprisal, or harassment. Individuals who report harassing conduct, participate in investigations, or take
any other actions protected under federal or state employment discrimination laws will not be subject
to retaliation.
Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation,
reprisal, or harassment. While each situation is very fact dependent genefally so_
fetahafie�ftretaliafion can include a denial of a promotion, job benefits, or refusal to hire, discipline,
negative performance evaluations, or transfers to less prestigious or desirable work or work locations
because an employee has engaged or may engage in activity in furtherance of EEO laws.
It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action,
deportation or other action with immigration authorities, disparagement to others or the media, and
making false report to government authorities because an employee has engaged or may engage in
protected activities. Any individual who retaliates against a person who testifies, assists, or participates
in an investigation may be subject to disciplinary action up to and including termination.
If you feel retaliation is occurring within the workplace, report your concern immediately to your
immediate supervisor, your supervisor's manager, human resources, or the city administrator.
55
Supervisors who have been approached by employees with claims of retaliation will take the complaint
seriously and promptly report the allegations to the city administrator, or if the complaint is against the
city administrator to human resources, who will decide how to proceed in addressing the complaint.
Consistent with the terms of applicable statutes and city personnel policies, the city may discipline any
individual who retaliates against any person who reports alleged violations of this policy. The city may
also discipline any individual who retaliates against any participant in an investigation, Proceeding, or
hearing relating to the report of alleged violations.
Questions About Policy
Any questions about this policy or a related matter should be referred to the city administrator or Human
Resources.
Workplace Violence and Possession of Dangerous Weapons
The cEity of Elk Rivefseeks to provide a safe and secure workplace environment for employees,
volunteers, vendors, and citizens. Violence, or the threat of violence, has no place on city premises.
The city is committed to preventing the potential for violence in and around the workplace and to
fostering a work environment of respect and positive conflict resolution.
Many employees may be exposed to violence by the nature of their jobs. Violence or the threat of
violence by or against any employee or other person while on city premises is strictly prohibited and may
subject the individual to serious disciplinary action and/or criminal charges.
Possession, use, or threatened use of an object that could be considered a dangerous weapon, including
all firearms, is prohibited on city premises, including city vehicles and personal vehicles used for city
business. -This includes employees with valid permits to carry firearms.
The following exceptions to the dangerous weapons prohibition are as follows:
Employees legally in possession of a firearm for which the employee holds a valid permit, if
required, and said firearm is concealed from view within a locked personal vehicle while that
person is working on city property.
A person who is showing or transferring the weapon or firearm to a police officer as part of an
investigation.
Police officers and employees who are in possession of a weapon or firearm in the scope of their
official duties.
The city strives to provide a workplace environment in which all its officials and employees treat each
other, their customers, clients, and all others with courtesy, dignity, and respect.
56
Drug and Alcohol Policy
Employees are expected and required to report to work on time and in appropriate mental and physical
condition. It is the city's intent and obligation to provide a drug -free, safe, and secure work environment.
BeeausezThe city ha -,contracts with tfederal gamagencies andt is subject to the federal
Drug -Free Workplace Act; which places certain requirements on employers to maintain a drug -free
workplace. In accordance with the Aactyou are hereby notified, the eity is fequifed to give
The unlawful manufacture, distribution, dispensation, possession, or use of any controlled substance
(including alcohol is prohibited on city property or while conducting city business. The lawful use of
alcohol is prohibited while conducting city business. Employees violating this prohibition may be subject
to disciplinary action including, but not limited to, suspension or termination, and may have legal
consequences.:
Controlled substances include, but are not limited to, opiates, hallucinogenic substances, depressants,
stimulants, and narcotics. The sale of aleehol that is paft of ffi empleyee's job duty is an exeepfrioa to d�,is
peke�-.-The Drug -Free Workplace Act prohibits only unlawful use, possession, or distribution of such
drugs in the workplace, and not the lawful use of prescription medications.
Employees taking prescription or over-the-counter drugs that may affect the safety of others must obtain
a determination from their physician as to whether the drug could affect the job safety of the employee
or others. If job safety may be affected, the employee must inform his or her immediate supervisor so
that appropriate accommodations and arrangements can be made.
The city recognizes drug abuse as a potential health, safety and security problem. Employees needing
help in dealing with such problems are encouraged to use theif Employee Assistance Plan or their
health insurance plans, as appropriate.
As a condition of continued employment at the city, all employees must:
■ Abide by the terms of this statemewpolicy; and
■ Notify the employee's supervisor, Human Resources, or city administrator of any criminal drug
statute conviction arising out of a violation occurring on or off work premises while conducting
city business on city pfopeftrno later than five days after the conviction.
The city retains the right, at its sole discretion, to report employee conduct violating this policy to law
enforcement officials and to turn over any controlled substances to the custody of law enforcement
officials.
57
It is the city's continued policy to maintain a drug -free workplace. If you have questions about this policy,
its implementation, or its application to you, please contact the city administrator or Human Resources.
59
EXHIBIT A
CitylTY off EIkN� River
-Fitness'TNJ InE Room
Poles
INTRODUCTION
The City of Elk River strongly believes in a philosophy of promoting employee wellness. -An employee
wellness program benefits both the employer and employee plus, as we afe dealing with eity employees,
as well as the community. -Healthy
employees tend to be more productive -employees and healthy employees reducequire�
expenditures (i.e. city insurance costs; use of sick time and its related overtime expenses; etc.).
In the spirit of a healthy workplace, the city provides and outfitsit makes good eommen setise f6f the
eity to do as mtteh as possible, eveii to the poiat of pfeviditig a fitness room
as one part of a
rg eater6fger city wellness program.
POLICY
it is diffieult to establish fules when the This policy encouragesing everyone to utilize the wellness
roomequipmetit; with respect to limitations of types of equipment, locker space and workout
space.
simple.
Employee and Guest
The eity-fitnessof exefeise room shot'a riot be view ed "is not a health club. U
use of this room and equipment is open to all
cEity and Umunicipal utilities employees, and Ecity Ecouncil Members. Ee4y
employees- may aeeeutVAaybring_ one guest of the employ, at any one time.
iftdividual sefving as a �F-ftel 1. 1—i—ifed wheii using some of the ffee weights fin e6fittifietleft with fl
befieheq ptneat ° T ". guests must be over the age of
eighteen 18. -Due to safety and insurance issues, no ones under the age of
eighteen (.18) is allowed in the fitness room under any circumstances.
Waiver
All employees who use the fitness room and equipment, and all guests, must sign a release waiver prior to
using the fitness room. -This is a requirement of the city insurance company.
Available Times
The e�fitness room is ,
The foom is _open 24_ hours a day, but guests
are only allowed with an employee.
Lockers and Showers
Lockers and showers are available ift the fit fees . exefe se foom. Lockers are intended -to vieini to secure
street clothes and valuables while exercising - -
to use the loekefs and showefs located iii the poliee ;
located : the fitness .
not as an ftrrextended use. ;
eEmployees shall leave the locker rooms in a clean, neat condition and do -shall not leave
personal items in the lockers.- Employees should be courteous - keep your time limited in the locker
rooms if others are waiting.
The city doeswill note provide* towels for the locker room or for use ith
the equipment.
Miscellaneous Issues
*Training on the use of the equipment can be arranged in group set6agssettings• as necessary.
■ After receipt of a signed aAgreement, Kkey reader access s-will be provided to A -employees who
desire access to the room.
■ Disinfecting supplies a -- mare in the fitness room and
users must to clean equipment after use.
Conduct and Proceduresc'TNESS QnCJM C!-nKIDI Ir'T
'tee Proper AttireClethengXE C1SE CLOTH! is required
at all times
pawssweatpaws, leowds afid t4gl4s shirts ffitistafe to be woffi at ft" fiffies. Close and
closed -toe e-footwear
�2. Foul or Abusive LanguageOUL OR ABUSIVE SIVE LANGUAGE is - --A! fief b used while i the
mprohibited.
43. 4. DDumbbells,LJMBBELLS afia3 of plates, and other equipment must be returned to the proper
rack_-e,f-stand, or location.
-54. Dropping ofROPPING OF DDurnbbellsUMBBELLS or other equipment on the fitness room
floor is not allowed.
6-.5. F.--Machines^r�ES such as exercise bike, treadmill, and stair climber should be tuffied owered
off after use unless others are waiting to use it.
7--.6. 7.DDisinfect ing Supplies are
providedifi the F~~ess veow. u fiche, bafs, duffi bells afid ~, ehifiesAll equipment should be
disinfected after each use.
8-.7. ,g�Breakdoawn° E ^ KDQVVN of any piece of equipment should be tagged and brought to the
attention of a supervisor as soon as possible.
9.8. 9 ChalkWAL-K is allowed *s-�if 4-4s used neatly.
44.9._40MusicUSIC i the fitfiesseeffi is allowed *s-�if it -is -kept at a reasonable level and
is empowered off when leaving the room.
44-.10. 44. LightsW;:,� and fans should be turned off when the fitness room is not in use.
FitnessITNESS RoomOOM
AReleaseELEASE
The City of Elk River ("Ceity'� has made available a fitness and workout facility (the "Facility' for the
exclusive use of city and municipal u€3tilities employees, Ecity Ecouncil members and none -()-guest
("Employee" )s. Regular City and municipal Utilities employees and council members are responsible
for their guest. -The undersigned employee and their guest (eelleetiv"Employee") shall be permitted
to make use of the Facility upon the following terms and conditions:
1. Employee agrees to use the Facility only in accordance with rules and regulations adopted by the
Ceity c offl 6me to ti~n_e, in the eCity's sole discretion.
2. Employee specifically agrees not to use the Facility while under the influence of any mind -altering
drug or chemical, including specifically, but not exclusively, alcohol of any sort.
3. Employee acknowledges that no instruction as to the use of the Facility or any equipment therein
will be provided by the eCity. -Employee agrees to take sole responsibility to become familiar with the
proper and safe use of any equipment within the Facility.
4. Employee acknowledges that certain risks may exist in the use of fitness and workout equipment.
These risks include injury through defective equipment or improper use of equipment or improper
conduct by Employee or third parties.- Employee agrees to release eCity and its respective officers and
employees from any claim Employee may have to any incident which occurs in or arises in any way out
of Employee's use of the Facility or any equipment therein including specifically, but not exclusively,
claims for personal injury, death, or property damage.- Employee further agrees to indemnify, defend
and hold harmless the city and its officers and employees and agents from claims for personal injury,
death, or property damage for incidents occurring in or about the F€acility.
5. EMPLOYEE ACKNOWLEDGES THAT THE FACILITY WILL NOT BE SUPERVISED
AND AGREES THAT EMPLOYEE MAKES USE OF THE FACILITY AT EMPLOYEE'S OWN
RISK.
6. EMPLOYEE HAS READ THE FITNESS ROOM POLICY AND AGREES TO ABIDE BY
THE RULES STATED IN THE POLICY.
Employee's Signature
Print Name
Date
0
EXHIBIT B
City of Elk River
Foot Protection Policy
All employees will wear footwear appropriate to their job duties. Each affected employee shall wear
protective footwear when working in areas where there is a danger of foot injuries due to:
Falling and rolling objects
Objects piercing the sole
Exposure to electrical hazards
Employees required to wear protective footwear include: Street/Parks employees, Wastewater
Treatment Plffit Facility employees, Building Maintenance Eemployees except custodians,
Building Iinspectors, Fire iInspectors, and any city employee required to wear protective
footwear as determined by their supervisor.
Protective Footwear Standard
Must comply with ANSI Z41-1991 Standard which provide both impact and compression protection.
shall be .' .... . I . 1—tyl a leathef boot type with at least an ever the afilde leathef upper for support.
Reimbursement Allowance
The city will re provide up to $175 per year for regular employees
and up to $50 per year for temporary employees €o�toward the
purchase of protective footwear. Funds afmore than those used for footwear may be used to
purchase approved safety equipment as authorized by their department director.
Some vendors may bill the city directly or oeriginal receipts must be submitted to the Finance
Department for reimbursement. The cost of footwear exceeding approved allowance is the
responsibility of the employee.
Adopted: —May 17, 1999
Updated: —February 9, 2004
December 2020
EXHIBIT C
City of Elk River
Prescription Safety Eyewear Policy
Prescription Safety Eyewear
For those regular employees required to wear eye protection, the city will pay for basic protective eyewear
for single vision, bifocal, and trifocal prescriptions (includes safety lenses, standard frame with side
shields, case, and dispensing fee).
The city will provide one (1) complete pair of clear protective industrial safety eyewear every two 2� years
or at the supervisor's discretion due to prescription change or damage resulting from work -related
hazards. "Clear" lenses under this definition will also include lens tints in shades 1 or 2. Transition or
changeable tint lenses that meet OSHA standard 87Z will be allowed.
Protective eyewear must comply with ANSI and OSHA approved standards.
All charges relating to eye examinations, optional frame styles, or lens treatments will be the responsibility
of the employee.
Employees shall use only Walman Optical approved providers. -A list of approved providers can be
found at www.WalmanOotical.com/safetyemployer under Pfeducts, Safety Eyeweaf, Dispensing
Locations, .
Adopted: —May 17, 1999
Updated:— July 18, 2001
September 2014
December 2020