90-012 ORD
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NOTICE OF PUBLICATION
CITY COUNCIL OF THE CITY OF ELK RIVER
ORDINANCE NO. 90 - 12
AN ORDINANCE AMENDING SECTION 218 OF THE CITY OF
ELK RIVER CODE OF ORDINANCES RELATING TO PERSONNEL
ADMINISTRATION AND POLICIES
The City Council of the City of Elk River hereby amends its
City Code of Ordinances and does ordain as follows:
Section 1. Section 218 of the Code of Ordinances is
repealed in its entirety.
Section 2. The Code of Ordinances Section 218 is
revised as it relates to personnel codes and policies
generally and in particular administrative organization,
employment policies, definitions, appointment procedures,
promotions, compensation, overtime payments, affirmative
action, position classifications, employee benefits,
vacation, sick time, workers' compensation, holidays,
insurance, performance appraisals, personnel policies,
grievance policies, sexual harassment, discipline,
resignation, supplemental employment, conflicts of
interest, layoffs, personnel changes, Government Data
Practices Act, prohibitions against drug and alcohol use,
smoking policy, tardiness, absenteeism, termination, and
indemnification.
The above description of the Ordinance is a summary. A
complete copy of the ordinance revisions are available for
review at the office of the City Clerk at the Elk River City
Hall and at the Elk River Library.
Passed and adopted
this 4th day of June, 1990. Effective
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Mayor James Tralle
upon publication.
ATTEST:
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ORDINANCE NO. 90 - 12
CITY COUNCIL OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 218 OF THE CITY OF
ELK RIVER CODE OF ORDINANCES RELATING TO PERSONNEL
ADMINISTRATION AND POLICIES
The City Council of the City of Elk River hereby amends its
City Code of Ordinances and does ordain as follows:
Section 1. Section 218 of the Code of Ordinances is
repealed in its entirety.
Section 2. The Code of Ordinances Section 218 is
revised as follows:
SECTION 218.00 - PERSONNEL ORDINANCE
218.00 - Purpose. It is the purpose of this Ordinance to
establish uniform and equitable policies that will promote an
efficient system of personnel administration for employees of the
City of Elk River (the City). The provisions of this Ordinance
shall serve as a guide for administrative actions concerning the
City's personnel matters. They shall not be construed as
contractual provisions and do not establish terms of emploYment.
218.02 - Administrative Organization.
1. Intention of City Regarding policies and EmploYment. The
policies set forth in the Personnel Ordinance are unilaterally
created and implemented by the City and are intended to serve only
as guides for emploYment. The provisions of this Ordinance are not
terms and shall not be regarded or construed as contractual
provisions. The provisions shall not be interpreted as creating
anything other than an at-will emploYment setting. This means the
employee is free to terminate his/her emploYment at any time and
for any reason upon proper notice. The City may also terminate the
employee at any time pursuant to Section 218.08, Subd. 16.
2. Administration. The City Administrator is authorized and
directed, in accordance with his/her statutory responsibility, to
administer this Ordinance. The City Administrator may issue
administrative directives and instructions as necessary to explain
arid clarify the provisions herein and to facilitate their use. The
City Administrator may designate an assistant(s) to assist in the
administration of this Ordinance and to perform, under supervision,
any other functions which the City Administrator is authorized to
perform. In the exercise of the duties authorized herein, the City
Administrator may delegate to departments and supervisors the power
and duty to act on personnel matters within their respective areas
in accordance with the directives, guidelines, and instructions
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given. The City Administrator is also responsible for the
maintenance and recommended revisions of the provisions of this
Ordinance and management of the City's overall personnel
program.
3. Duration of Employment. The duration of employment for
any employee is for an indefinite period of time. Except as
restricted by statute or applicable Collective Bargaining
Agreement, the City may dismiss an employee at any time for any
lawful reason with or without notice. Subject to Section
218.08, Subd. 7, an employee may terminate City employment at
any time. After an employee has successfully completed an
Orientation Period after hire or promotion, as indicated by a
satisfactory performance evaluation and as approved by the City
Administrator, she/he shall be designated a Regular Full-time
or Regular Part-time Employee. Such designation shall be used
to differentiate between employees completing an Orientation
Period and regular employees. The term "regular" shall not be
used to define duration of employment with the City.
Employment for all employees shall remain at-will and may be
terminated by either the City or the employee as described
above.
4. Applicability. All City employees shall be subject to
this Ordinance, except the following:
a. Elected Officials;
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b.
Members of boards and commissions;
c. Volunteer firefighters and other volunteer personnel;
d. Consul tants rendering professional services on a fee
basis; and
e. Any other person specifically exempted by the City
Council.
The foregoing notwithstanding, the above-mentioned employees
shall remain subject to this Ordinance with regard to Section
218.08, Subd. 5, herein.
5. PreviouslY Accrued Sick Time and Vacation Time. All
City employees who had accrued sick time and vacation time
prior to the effective date of this Ordinance (July, 1990),
shall maintain all benefits previously accrued to them. All
employees shall be subject to the provisions of this Ordinance
as of the effective date of passage except for those explicitly
excluded by Section 218.02, Subd. 4.
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6. Amendments and Circulation. The City may change,
delete, amend, or add to the provisions of this Personnel
Ordinance at any time in its sole discretion. Amendments and
supplements will be distributed to employees as new policies or
procedures are adopted by City Council. The City will
distribute the Personnel Ordinance,
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and any amendments thereto, to employees in such manner as it deems
appropriate.
7. Policy Development-Interpretation. The policies and
procedures set forth in the Personnel Ordinance are established by
the City. The City, in its sole discretion, may interpret the
Personnel Ordinance in any manner it deems appropriate. The City's
interpretation of the policies or procedures may vary if, in the
City's opinion, the circumstances require such variation.
8. Provisions Superseded in Certain Cases. No provision of
this Ordinance is intended to violate, supersede, or conflict with
any applicable constitution, statute, regulation, whether state or
federal, or any provision of a Collective Bargaining Agreement in
effect. between the City and any of its employees. To the extent
there is such a violation, the offending provision of this
Ordinance shall be void, but all remaining provisions of this
Ordinance shall remain in effect. Nothing in this Ordinance is
intended to modify or supersede any provision of the Veteran's
Preference Act. This Personnel Ordinance is intended to supersede
any other personnel ordinance or regulation previously adopted by
the City.
9. Definitions. For purposes of this Ordinance, the
following words and phrases shall have the meanings given herein:
a.
Employee Completing an Orientation Period - Any
employee who is completing an initial Orientation
Period as a result of hire or an Orientation Period
as a result of promotion.
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b. Orientation Period - The period of time in which an
employee in a new position is required to demonstrate
preliminary fitness for the duties to which he/she
has been appointed. The duration of the Orientation
Period is generally (3) months for clerical positions
and (6) months for non-clerical posi~ions.
c. Regular Full-time Employee - An employee who has
successfully completed an Orientation Period after
hire or promotion as indicated by a satisfactory
performance evaluation and as approved by the City
Administration. Regular Full-time Employees work on
a full-time basis or approximately 2080 hours per
year.
d. Regular Part-time Employee - An employee who has
successfully completed an Orientation Period after
hire or promotion as indicated by a satisfactory
performance evaluation and as approved by the City
Administration. Regular Part-Time Employees work a
minimum of 1040 hours per year.
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3.
e.
Seasonal Employee - An employee who works in an
position that is seasonal in nature. The employee
may work more than one hundred twenty (120) days in
any consecutive twelve (12) month period.
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f. Temporary Employee - An employee who works less than
12.0 days in any consecutive twelve month period.
218.04 - City Service.
1. General Appointment Procedure. As a matter of City
policy, the City Council shall appoint the person it deems best
qualified to perform the duties of the particular position and in
accordance with any applicable state or federal law. When required
by law, the City Council, or the City Administrator,
appropriateness for a particular position may be ascertained by
written, oral, or other examinations designed to evaluate the
ability of the candidate to perform the duties of the position to
which he/she has applied.
a. Selection Process - The employee selection process
may include the following as deemed appropriate by
City Councilor the City Administrator:
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(i) Advertisements - If required by law, the
City Administrator, or his/her assign,
shall advertise when a position with the
City becomes available. Advertisements
shall be made in such manner as the City
Administrator, or his/her assign, deems
appropriate for the particular position.
(ii) Applications, Resumes - Applications are
required and resumes may be requested of
job applicants.
(iii) Interviews - Qualified candidates may be
selected for personal screening
interviews.
(iv) Examinations - As set forth above, the
suitability of an individual for a
particular position may be determined by
written, oral, or other type of
examination. When given, such
examinations shall be conducted in
compliance with applicable state or
federal law.
b.
Hiring Authority - The City Council shall make the
final hiring decision. The City Council shall
appoint the person it deems best qualified to perform
the duties of the available position and may consider
recommendations by the City Administrator.
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2. Promotions. The City shall fill all job vacancies with
the individual it deems best qualified for the position. Although
qualified candidates from within the City may be considered for
available job positions, the City reserves the right to hire
qualified candidates from outside the City at any time.
3. Demotions. An employee may be demoted for unsatisfactory
performance of duties, for disciplinary reasons or as part of the
City's reorganization plan. An employee may receive a decrease in
pay in conjunction with a demotion.
4. Orientation Period.
a.
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Purpose - The requirement of successfully completing
an Orientation Period shall be an integral part of
the City's evaluation of an employee. During the
Orientation Period, the City shall closely observe an
employee's work to ensure that the employee
demonstrates that he/she is qualified for the
position to which he/she has been appointed.
Performance, skills, and ability demonstrated during
the Orientation Period shall be evaluated by the
employee's supervisor in order to determine whether
the employee should continue to be retained by the
City. An employee whose performance does not meet
the work standards of the position to which he/she
has been appointed, as determined in the City's sole
discretion, will not be retained.
b. When/Duration - All initial appointments to City
employment shall be subject to an Orientation Period.
The Orientation Period for initial appointments is
generally three (3) months for clerical employees and
six (6) months for employees working in non-clerical
positions. Regular Full-time and Part-time Employees
appointed to new positions in the City will also be
required to successfully complete an Orientation
Period. The Orientation Period for employees
appointed to new positions will generally not exceed
six (6) months. If the Regular Full-time or Part-
time Employee appointed to a new position is found to
be unsuited for that position, then the City (in its
sole discretion) may reinstate the employee to
his/her former position and former rate of pay if the
City determines that such reinstatement is possible.
Reinstatement is not guaranteed. The duration of an
employee's Orientation Period may be extended to
enable the employee's immediate supervisor to observe
the employee's ability to perform the duties of the
new position.
c.
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Effect of Completing an Orientation Period -
Completion of the Orientation Period should not be
construed as a guarantee of continued employment. An
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employee may be transferred to another position,
demoted or dismissed at any time and for any lawful
reason during or after successful completion of the
Orientation Period.
Effect on Vacation Benefits - Vacation time shall
begin to accrue at the beginning of an employee's
initial Orientation Period in accordance with
Section 218.06, Subd. 4. However, unless otherwise
authorized by the City Administrator, the employee
will not be entitled to take vacation time during
his/her Orientation Period. After six (6) months of
initial service for non-clerical employees and three
(3) months of initial service for clerical employees,
an employee will be entitled to vacation time unless
vacation has been provided at an earlier time by the
City Administrator. Employees completing an
Orientation Period as a result of promotion may be
allowed to use earned vacation time during their
Orientation Period as determined in the sole
discretion of the City Administrator.
Rehired Employees - Any employee who voluntarily
terminates employment with the City, but who is later
rehired by the City, is subject to the same
Orientation Period requirement as a new employee.
Compensation.
a. Amount - Employees of the City shall be compensated
in accordance with such Compensation Plan as may be
established by the City Administrator and approved by
the City Council. The City shall establish equitable
compensation relationships as prescribed by law. Any
wage or salary established in the. Compensation Plan
shall constitute an employee's total remuneration for
employment. It shall not be considered as
reimbursement for official travel or other expenses
which may be allowed for the conduct of official
business. Unless otherwise approved by the City
Council, employees shall not be compensated in
addition to the salary authorized for the position to
which he/she has been appointed. Subject to state
and federal law, the City Administrator shall
determine whether employees are compensated on an
hourly or salary basis.
b. Change of Job Title - If an employee is transferred,
promoted, or demoted, the rate of pay for the new
position shall be determined by City Council upon the
recommendation of the City Administrator.
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c.
Temporary, Seasonal, and Part-Time Employees -
Whenever an employee works for a period less than the
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regularly established number of hours a day, days a
week, weeks a month or months per year, the amount
paid to that employee shall bear a reasonable
relationship to the full-time rate for that position
as the time actually worked bears to the time
required for full-time service. However, the amount
paid to the employee shall be in such amount as
deemed appropriate by the City Administrator and
approved by City Council.
6. Overtime Payment. Overtime work may be required of
employees on occasion. Employees are expected to work overtime
when it is requested of them. Only employees to whom the overtime
provisions of the state or Federal Fair Labor Standards Act applies
are required to be compensated for overtime work. Eligible
employees shall be compensated for overtime work at the rate of one
and one-half (1 1/2) times their regular rate of pay. Compensatory
time off may be taken in lieu of overtime payment if it is approved
by an employee's department head. Unless otherwise prescribed by
law, compensatory time off shall be computed at not less than one
and one-half (1 1/2) hours for each overtime hour worked. Special
rules regarding compensatory time may apply to fire fighters and
police officers. Time taken during holidays, vacations, sick-time
and leaves of absence do not count as "hours worked" for purposes
of computing overtime pay under the Fair Labor Standards Act. The
following conditions shall govern the payment of overtime:
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a.
Eligible overtime must be approved by a department
head or the City Administrator.
b. Overtime shall be calculated to the nearest fifteen
(15) minutes.
c. Overtime hours shall be distributed as equally as
practicable among employees.
d. Employees who falsify their time record or the time
record of another employee will be subject to such
disciplinary action as the City Administrator deems
appropriate.
e. Absent unusual circumstances, employees are required
to work overtime if requested by their supervisor,
department head, or the City Administrator.
f. Attendance at official City meetings, where the good
of the City's service is involved, shall be
considered "time worked" for purposes of computing
overtime pay. Such attendance must be approved in
advance by the City Administrator.
g.
If an employee's compensatory time exceeds forty (40)
hours at year-end, the employee will be paid the cash
equivalent of the comp time earned in excess of forty
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(40) hours. No more than forty (40) hours of comp
time shall accumulate from year to year. Instead,
any earned but unused comp time in excess of forty
(40) hours at calendar year-end shall be cashed out
to the employee.
7. Affirmative Action. The City desires that every person
be given full and equal opportunities for emploYment, training, and
promotion. No individual shall be discriminated against with
respect to compensation or conditions of emploYment because of
race, color, creed, religion, sex, marital status, national origin,
status with regard to public assistance, membership or activity in
a local commission, disability, or age. Although affirmative
action is the policy and goal of the City, this provision is not to
be construed as imposing more or different requirements on the City
than those already imposed by laws prohibiting discrimination.
8. Position Classification Plan.
a. The Plan - The City may establish and maintain a
Position-Classification Plan for all positions
covered by the provisions of this Ordinance.
Positions shall be grouped into classes that have the
same range of difficulty and responsibility. For
each class of positions there shall be:
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(i) A class title description of the duties or
positions within the class;
(ii) A written class description that explains
the nature of the work responsibilities of
the positions within the class;
(iii) Examples of work which are illustrative of
the duties of the positions allocated to
the class;
(iv) Position requirements such as the
knowledge, abilities, and skills necessary
for performance of the work; and
(v) A statement of experience and training
desirable for recruitment into the class.
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b. Allocation of New Positions. When a new position is
created for which an appropriate class does not exist
or if the duties of an existing position are
sufficiently changed so an appropriate class does not
exist, the City Administrator shall create a new
class and shall cause an appropriate class
specification to be written for that class.
Review of Plan. The City Administrator shall review
the Position Classification Plan with department
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heads and City Council as often as he/she deems
necessary to ensure correct classification of
positions. The City Administrator shall make
adjustments to the Plan Classification when
necessary.
d.
Filing Plan. The position Classification Plan shall
be filed with the City Administrator and shall have
the same effect as though it were a part of this
Ordinance.
218.06 - Employee Benefits.
1. Introduction/Changes in Benefits. The emploYment
benefits enumerated in'this section are offered at the City's sole
discretion to eligible employees. The enumeration of these
benefits should not be construed as a claim of entitlement to the
benefits described. The City reserves the right to unilaterally
change, delete, modify, or otherwise revise the employee benefits,
eligibility requirements and/or administrative procedures at any
time and in its sole discretion with or without notice to
employees.
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2. Eligibility for Employee Benefits. The benefits
mentioned in this section apply only to Regular Full-time
Employees. The employee benefits do not apply to Seasonal, Part-
time, or Temporary Employees unless such employees are expressly
included in the provisions of this section. Regular Part-time
Employees may be eligible to receive pro rata the benefits
available to Regular Full-time Employees if their work schedule is
on a fixed, regular basis from week to week and if provided for in
the following provisions.
3. Represented Employees. Employees who are represented by
an exclusive bargaining unit shall be eligible for benefits
specified by the terms of their respective Collective Bargaining
Agreements. If the terms of an employee's Collective Bargaining
Agreement conflict with any of the provisions set forth herein
regarding benefits, the terms of the Collective Bargaining
Agreement shall govern. However, the administration of ,similar
benefits shall be governed by the terms of this Personnel Ordinance
where the respective contract is silent on such matters.
4. Vacation.
a.
Eligibility - Paid vacation time shall be granted to
all Regular Full-Time Employees and Regular Full-Time
Employees Completing an Orientation Period at the
rate of accumulation set forth below. Paid vacation
time is not available for Temporary or Seasonal
Employees unless specifically authorized by City
Council. However, employees working on a Temporary,
or Seasonal basis may request unpaid vacation time.
Regular Part-time Employees and Regular Part-Time
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Employees Completing an Orientation Period may earn
vacation time on a pro rata basis, if they work a
minimum of 1,040 work hours a year.
b. Rate of Accumulation - Vacation time shall be earned
based on the following consecutive years of full-time
service:
Length of Service Accumulation Rate
0-5 years 10 working days per year
6-7 years 14 working days per year
8-9 years 15 working days per year
10-11 years 16 working days per year
12-13 years 17 working days per year
14-15 years 18 working days per year
16-17 years 19 working days per year
Over 17 years 20 working days per year
Regular Part-Time Employees who work a minimum of
1,040 hours per year are eligible for a pro rata
amount of paid vacation time according to the number
of hours worked per month.
c.
When Taken - Eligible employees must obtain approval
from their department head prior to taking vacation
time. Vacation time earned by Employees Completing
an Orientation Period shall not be available for use
until successful completion of the employee's initial
Orientation Period unless otherwise authorized by the
City Administrator.
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d. Accrual - Regular Full-time Employees and Regular
Part-time Employees may carry forward from one year
to the next an amount equal to the total number of
vacation days they were entitled to earn during the
previous year under the.. vacation schedule.
e. General Vacation Administration - The following
policies shall be observed in administering vacation
time for eligible employees:
(i) Eligible employees may not use vacation
time in excess of the amount they have
earned or accrued under this section
unless expressly authorized by the City
Administrator.
(ii) Eligible employees must seek approval
from their department head prior to
taking vacation time.
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(iii) Although vacation time shall accrue
during an employee's initial Orientation
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(iv)
(v)
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Period, employees shall be prohibited
from using vacation time until after
successful completion of their initial
Orientation Period unless otherwise
authorized by the City Administrator.
An employee in good standing who resigns
from the City after giving proper notice
of such resignation shall be compensated
for earned but unused vacation time as of
the date of separation. Proper notice
shall mean written notice at least ten
(10) working days in advance of the
anticipated resignation date for all
personnel except department heads.
Department heads shall be required to
give written notice at least twenty (20)
working days in advance of the
anticipated resignation date in order to
receive compensation for earned but
unused vacation time.
Vacation time is to be granted to
employees for a period of rest and
recreation. Employees shall not be
permitted to waive vacation time for any
reason, including receiving double pay.
(vi) Any employee taking more than two (2)
consecutive weeks of vacation, or a
combination of vacation and comp time,
must obtain prior approval from the City
Administrator.
5. Sick Time. The City shall provide paid sick time to
eligible employees who need to be absent from work for those
reasons set forth below in Subdivision b). However, employees are
responsible for their attendance and are expected to meet work
obligations and not abuse this benefit in any way. Regular
attendance is a minimum requirement of satisfactory job
performance. Employees shall only use sick time pursuant to the
terms of this provision. Sick time cannot be used in a
discretionary manner by employees.
Eligibility - Paid sick time shall be granted to all
Regular Full-time Employees and Regular Full-time
Employees Completing an Orientation Period. Paid
sick time shall also be granted on a pro rata basis
according to hours worked per month to all Regular
Part-time Employees who work at least 1040 hours per
year. Paid sick time is not available for
Seasonable, Temporary and Part-time Employees who
work less than 1040 hours per year.
a.
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b.
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Use of Sick Time - Eligible employees may use sick
time for the following reasons:
(i) Personal illness or injury or in order to
attend medical appointments (i.e., doctors,
dentists);
(ii) To care for sick dependants;
(iii) To take dependants to medical appointments
(i.e., doctor, dentist); and
(iv) Up to 5 days in any calendar month to care
for seriously ill family members who may not
live with the employee. For purposes of this
provision, "seriously ill" shall be
determined in the sole discretion of the City
Administrator.
c. Sick Time Administration - The following procedures
shall be followed in administering sick time for
Regular Full-time and Part-time Employees:
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(i) Regular Full-time Employees and Regular
Full-time Employees Completing an
Orientation Period shall accumulate sick
time at a rate of one (1) working day for
each calendar month of emploYment.
Regular Part-time Employees and Regular
Part-time Employees Completing an
Orientation Period shall be granted sick
time on a pro rata basis according to
hours worked per month.
(ii) There shall be no maximum limit on the
amount of sick time that can be
accumulated by Full-time or Part-time
Employees.
(iii) Employees are required to notify their
immediate supervisor at least thirty (30)
minutes prior to the start of their
regular working hours if they intend to
be absent from work. If an emergency
prevents the employee from notifying
his/her supervisor at such time, the
employee is expected to call as soon as
possible during the work day. Employees
are also required to keep their
supervisors informed of their condition
and anticipated return to work.
(iv) Claiming sick time when physically fit to
work or for reasons other than those
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explicitly set forth in this policy will
be considered an abuse of the Sick Time
Policy and may lead to such disciplinary
action as the City deems appropriate.
(v) No sick time benefits or paYments for
accumulated sick time shall be granted to
an 'employee who is terminated by the
City.
(vi) Provided the following conditions are
satisfied, an employee shall be entitled
to a cash paYment for unused sick time in
an amount equal to 10% of his/her
accumulated sick time up to a maximum of
10% of 120 accumulated sick days:
a.) The employee must resign in good
standing;
b. )
The employee must provide
written notice of his/her
resignation to the City at least
two weeks in advance of the
employee's last day of work; and
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c.) The employee must have worked
for the City for at least two
consecutive years.
The cash paYment shall be in an amount
equal to 10% of the employee's
accumulated sick time (at the employee's
current rate of pay), up to a maximum of
10% of 120 accumulated sick days. For
example, if an employee is paid $10.00 an
hour, satisfies the above-mentioned
conditions, and resigns with an
accumulation of 120 sick days, the
employee will receive $960.00 for unused
sick time. (120 days x $80 per day =$9,600
10% of $9,600 = $960.00)
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(vii) The accumulation of sick time in excess
of 120 days shall not be subject to the
10% paYment under this policy. However,
employees may continue to accumulate sick
time in excess of 120 days as a form of
income protection in the event of an
unexpected long-term illnesses during
their emplOYment.
(viii) An employee may be required to submit to
a medical examination by a physician or
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medical facility licensed to practice
medicine and submit a doctor's statement
to the City regarding their illness. The
City and the employee shall mutually
agree upon the physician and facility
which shall conduct the examination.
(ix)
Employees rendered unable to work as a
result of an emploYment-related injury
may be entitled to benefits in accordance
with Minnesota Workers' Compensation laws
as described in Section 218.06, Subd. 6.
Like all the policies set forth in this Personnel Ordinance,
the Sick Time Policy and paYment for accumulated sick time can be
changed at any time and for any reason in the City's sole
discretion.
6. Workers' Compensation.
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Introduction - Workers' compensation shall be
available for all eligible employees rendered unable
to work because of a work-related injury. Only
employees who qualify for workers' compensation
insurance shall be eligible to receive this benefit.
During the first three (3) working days of an .
employee's absence under this provision, the employee
shall be compensated from his/her accrued sick time.
If an employee has no accrued sick time, then no
compensation shall be received. Once eligibility for
workers' compensation is determined, then the sick
time used during the employee's first three (3)
working days absence shall be reinstated to the
employee. Employees may use any accrued sick time
while unable to work because of a work-related
injury.
b. Administration - Employees are expected to comply
with the following policies when invoking
compensation under this Section:
a.
(i) Report the injury as soon as practicable
to the employee's supervisor.
(ii) Keep the supervisor informed of his/her
condition.
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(iii) The employee may, at the discretion of
the City Administrator, be required to
submit to a medical examination by a
physician or medical facility selected by
the City and licensed to practice
medicine and to submit a medical
certificate for his/her absence.
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(iv) If the employee has been incapacitated,
the employee may, at the discretion of
the City Administrator, be required to
provided evidence that the employee is
again physically able to perform required
duties.
Nothing in this provision is intended to modify or supersede
any provision of the Minnesota Workers' Compensation Act or any
other law regarding work-related injuries.
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7. Leaves of Absence. The City may grant a Leave of Absence
if justified by illness, accident, compelling personal reasons, or
as required by law. A Leave of Absence Form must be completed and
submitted for approval to the City Administrator in advance of an
employee's anticipated final work day. Forms for requesting a
Leave of Absence are available from the City Administrator. When
possible, 30 days advance notice of a leave should be provided so
that work schedules can be adjusted accordingly. An employee who
is excused for an unpaid Leave of Absence will not accrue vacation
or sick days during the Leave unless otherwise required by law.
Group medical insurance will continue during a paid Leave of
Absence with premiums partially paid by the City for individual
employee coverage up to a maximum of ninety (90) days from the
commencement of the leave unless a longer period of time is
required by law. The City will not contribute to the cost of
insurance premiums for an unpaid Leave of Absence unless otherwise
required by law. If the employee does not return to work within
ninety (90) days, the employee will be required to submit premium
paYments for such insurance coverage as is required by law or the
respective policy. Conversion options shall be available in the
event an employee terminates emploYment while on a leave and wishes
to continue health insurance coverage. The following types of
Leaves may be considered by the City:
.
a. Personal Leave - A Personal Leave of Absence may be
granted by the City Administrator in his/her sole
discretion for compelling personal reasons. The City
Administrator shall review Personal Leave requests on
an individual basis. In deciding whether to grant a
Personal Leave, the City Administrator shall consider
the employee's conduct, length of service, efficiency,
and the general needs of the City. Such a Leave of
Absence shall be without pay and shall not exceed a
period of ninety (90) calendar days. An employee may
be granted an extension of the original Leave period
(even if such request would extend the Leave period
beyond ninety (90) days) if the City Administrator
determines that the Leave is for certain good and
sufficient reasons. In no event shall an employee be
granted a Personal Leave in excess of one (1) year.
Seniority may be affected by a Personal Leave of
Absence.
15.
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.
d.
.
b.
Parental Leave - A Parental Leave will be provided in
conjunction with the birth or adoption of a child
pursuant to Minnesota Statutes S 181.940 et seq. To
be eligible for a Parental Leave, an employee must
have been with the City for at least one (1) year and
must work an average of twenty (20) or more hours per
week. Employees may be compensated during a Parental
Leave of Absence by any accrued but unused sick time
or vacation time. An employee who is excused for a
Parental Leave will not accrue vacation time or sick
days during such Leave. An employee returning from a
Parental Leave shall retain all accrued preleave
benefits of seniority as if there had been no
interruption in service.
c.
Military Leave - The City recognizes duty requirements
of members of the United States Armed Forces and will
comply with laws regarding military participation.
Any officer or employee of the City who is a member of
the National Guard or other reserve unit shall be
entitled to a Leave of Absence from public office or
employment without loss of pay, seniority status,
efficiency rating, vacation time, sick time, or other
benefits for the time that he/she is engaged in
training or active service so long as such Leave does
not exceed a total of fifteen (15) days in any
calendar year. Such Leave shall be allowed only in
cases where the require military or naval service is
satisfactorily performed. Such Leave shall not be
allowed unless the officer or employee:
(i) Returns to the public position
immediately on being relieved from such
military or naval service and not later
than the expiration of the time herein
limited for such leave; or
(ii) Is prevented from returning to City
employment by physical or mental
disability or other cause not due to
the officer's or employee's own fault;
or
(iii) Is required by proper authority to
continue in such military or naval
service beyond the time herein limited
for such Leave.
An unpaid Military Leave of Absence may also be
allowed as required by law.
Jury/Witness Duty Leave - When an employee performs
jury duty or is subpoenaed as a witness in court or
voluntarily serves as a witness on behalf of the City
16.
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e.
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f.
8.
a.
.
in a case in which the City is a party, the employee
shall receive the difference between his/her regular
rate of pay and the amount received as juror or
witness. While serving as a juror or witness, if an
employee is excused by 2:00 p.m. or earlier during
any business day, the employee is expected to return
to work.
Bereavement Leave - The City's personnel are
permitted a Bereavement Leave when a death occurs in
their immediate family. Immediate family, for this
purpose, is defined as: spouse, children, parents
and brothers and sisters. Compensation for this type
of family emergency is generally limited to the
following:
5 Days With Pay - Spouse, Child, Parents
3 Days With Pay - Other Immediate Family Members
Notwithstanding the foregoing, an employee may
request a bereavement leave for the death of
family members not enumerated above. In
addition, notwithstanding the foregoing, an
employee may request additional days of paid or
unpaid leave. Such request should be directed
to the City Administrator. Paid time-off beyond
the general allowance set forth above will be
charged against an employee's accrued sick time
or vacation time.
Voting Leave - All personnel are encouraged to
exercise their voting privilege and are permitted
reasonable and necessary time-off to vote in local,
state, and national elections. Since the voting
polls open early and close late, employees are
expected to utilize the voting hours to the best
advantage of the City. If special arrangements for
time-off are necessary, employees are to contact the
City Administrator.
Holidays.
Observed - Certain holidays are observed by the City
each year. The holidays normally observed include
the following:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
17.
.
Thanksgiving Day
The Friday After Thanksgiving
Christmas Eve
Christmas Day
b. Administration - Holidays will be administered in the
following manner:
(i) Regular Full-time Employees and Regular Full-
time Employees Completing an Orientation
Period are immediately eligible for holiday
pay. Part-time Employees and Part-time
Employees Completing an Orientation Period
are eligible to receive a pro rata amount of
their daily work pay for all holidays
observed by the City. Other employees are
not eligible to receive paid holidays.
.
(ii) Members of religious faiths who regularly
observe specific religious holidays in
addition to those listed above may receive
time-off without pay on those respective
dates. Employees who wish to observe such
religious holidays must provide reasonable
advance notice to their department heads for
scheduling purposes.
(iii) From time-to-time, when the Christmas and/or
New Year's holiday occurs on week-ends, the
City may designate holidays in addition to
those mentioned above. When applicable,
special memoranda will be issued regarding
such holidays.
(iv) The City reserves the option to have the
offices officially closed on the Friday
preceding or the Monday following any of the
above-mentioned holidays.
(v) Although the City prefers that personnel
enjoy the observed holidays, business
emergencies do arise. Thus, employees may be
requested to work on a generally recognized
City holiday. Employees who are regularly
not scheduled to work on a holiday, but
requested to do so because of business
emergencies, will receive time and one-half
their regular rate of pay in addition to
their regular holiday pay. Compensatory
time-off may be taken in lieu of the above-
mentioned paYment.
.
9. Insurance. Various insurance policies, including group
medical insurance, may be available for eligible City employees and
18.
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their dependents. The eligibility requirements and benefits
provided, if any, shall be specified in materials provided by the
respective insurance carriers. The respective carriers may have
different requirements concerning the eligibility of employees.
The requirements of the respective carrier will govern eligibility.
The City may change insurance carriers and programs at any time in
its sole discretion. Any such change may affect eligibility
requirements and/or benefit limits under any given insurance
policy.
10. Performance Appraisals.
a. Introduction - Performance appraisals are an
opportunity for employees, supervisors, and the City
to assess an individual's job performance. A system
for appraising performance of employees may be
developed and placed into effect with the approval of
the City Administrator. The performance appraisal
system shall be based on an employee's job duties.
It shall be designed to access individual performance
and encourage employees to reach their maximum
potential so that services provided to the City are
enhanced. Performance appraisals shall be conducted
on an annual basis or more frequently if prescribed
by the City Administrator, an employee's department
head, or this Personnel Ordinance.
b.
The following guidelines may be included in the
appraisal system:
(i) An employee's immediate supervisor will
conduct a performance appraisal of the
employee on an annual basis. For purposes of
this provision, an immediate supervisor is
that individual who assigns, checks, inspects
and/or directs the employee's work. The
supervisor is also generally responsible for
the employee's discipline.
(ii) Performance appraisals shall be in writing and
signed by the employee and the supervisor. u
(iii) An official copy of the most recent
performance appraisal shall be kept on file in
the City Administrator's Office and by each
department if required by the City
Administrator.
(iv) Performance appraisals shall be based on job
responsibilities and job-related performance
standards.
(v) The performance appraisal shall be used for
identifying problem areas in an employee's
19.
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performance, identifying the need for further
training and development, and as a factor in
granting performance pay increases and
promotions.
(vi)
Employees who have been under more than one
supervisor during the rating period shall be
rated by the rating official having
supervision of the employee at the time the
rating is to be prepared. In such a case, the
present supervisor is encouraged to consult
with previous supervisors in arriving at
his/her rating.
c. In addition to annual performance evaluations,
employees shall also be evaluated under the following
conditions:
(i) At the completion of an Orientation Period;
(ii) As deemed necessary at any time an employee's
performance has drastically changed - improved
or declined; and
.
(iii) Any time the supervisor or department head
believes it is in the best interest of the
employee and/or the City to conduct such an
evaluation.
218.08 - Personnel policies
1. Applicability. The Personnel Policies set forth in this
Section shall apply to all employees of the City unless
specifically excluded by the language of any of the provisions of
this Section or as prescribed by Sections 218.02, Subd. 4 or
218.02, Subd. 9.
2. Work Week. Work schedules for employees shall be
established by the appropriate department head with the approval of
the City Administrator. The regular work week for employees is .
five (5) eight-hour working days, Monday through Friday, except as
otherwise established by a department in accordance with the custom
and needs of that department. Thus, an employee's work week
generally begins on Monday at the time the employee is regularly
scheduled to commence work and ends on Friday at the end of the
employee's regularly scheduled work day.
3. Paydays. Employees shall be paid biweekly on alternate
Fridays. When a payday falls on a holiday, employees shall receive
their pay the preceding work day.
.
4. Grievance Policy. The City's policy is to try to prevent
the occurrence of grievances and to deal promptly with those which
occur. When any grievance is directed to the attention of a
20.
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supervisory employee of the City, the supervisor shall promptly
discuss all relevant circumstances with the employee, and the
employee's representative, if any. The supervisor shall consider
and examine the causes of the grievance and attempt to resolve it
to the extent that the supervisor possesses such authority. If the
supervisor is unable to resolve the dispute or an employee would
rather not approach his/her supervisor, the matter may be brought
to the next higher administrative level. If the dispute is not
resolved at that level, it may be brought to the attention of the
City Administrator. The decision of the City Administrator
regarding the grievance shall be final.
5. Sexual Harassment. It is the policy of the City that
sexual harassment and inappropriate conduct of employees are
prohibited. Any employee found to have acted in violation of this
policy will be subject to appropriate disciplinary action, which
may include immediate termination.
"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 when:
a. submission to the undesirable conduct or communication
is made a term or condition, either explicitly or
implicitly, of an individual's emploYment;
b.
submission to or rejection of that conduct or
communication by an individual is used as a factor in
decisions affecting that individual's emploYment;
c. that conduct or communication has the purpose or
effect of substantially interfering with an
individual's emploYment or creates an intimidating,
hostile, or offensive work environment; and the
employer knows or should know of the existence of the
harassment and fails to take timely and appropriate
action; or
d. such conduct or communication occurred because of the
sex of the victim even though it is not clearly sexual
in nature or an explicit sexual advance.
Any claims of a violation of this policy should be reported to
the employee's immediate supervisor, the City Administrator, or
anyone else in a position of authority at the City. Any claims of
sexual harassment or violations of the Sexual Harassment Policy
will be reported to and investigated by the City Administrator
unless another individual is deemed more appropriate. If the facts
appear to support the allegations of sexual harassment or violation
of this policy, disciplinary action up to and including immediate
termination may result. All reports of harassment will be handled
as confidentially as possible by the City. Any employee found to
have made a false complaint of a violation of this policy or found
21.
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.
to have knowingly given false information during an investigation
of such a complaint may also be subject to disciplinary action.
This policy applies to all of the City's employees while performing
their duties as employees within or outside the workplace. For
purposes of this policy, employees includes all individuals who are
hired, elected, appointed, or contracted to provide services to the
City. .
6. Discipline. Employees shall be subject to disciplinary
action for failing to fulfill their job responsibilities, to comply
with supervisor directives, or to observe any personnel policy or
guideline established by the City or the Personnel Ordinance.
Disciplinary action may include, but is not limited to, the
following:
a. Immediate Termination.
Subject to state law on veterans' preference, an
employee may be terminated from emploYment as a first
or last disciplinary step.
b. Employee Warning.
An employee may receive a verbal or written warning
from his/her supervisor or the City Administrator.
c.
Probationary Period.
An employee may receive a specific probationary period
determined by hiS/her supervisor or the City
Administrator to rectify behavior which requires
disciplinary action.
d.
Suspension.
Subject to state law on veterans' preference, an
employee may be suspended when the employee's behavior
warrants such disciplinary action as determined in the
City's sole discretion.
e. Demotion.
An employee may be demoted for disciplinary reasons if
the City determines that such demotion is necessary.
The above-mentioned disciplinary measures are intended only to
provide examples of types of discipline that may be imposed by the
City. They are not meant to be exclusive, nor to require the City
to exhaust any particular step, in any particular order, or in any
particular circumstance. The type of discipline imposed will be
based upon the nature and severity of the infraction and conditions
surrounding the incident. The City retains the sole discretion to
determine what behavior warrants disciplinary action and what type
of disciplinary action will be imposed. The City reserves the
22.
.
right to terminate employees at any time and for any lawful reason
with or without notice.
7. Resignation. Employees may terminate employment with the
City at any time and for any reason upon proper notice. With the
exception of department heads, City employees are required to
submit a written resignation to their supervisor at least ten (10)
working days prior to their anticipated separation date.
Department heads must provide twenty (20) working days written
notice to the City Administrator prior to their anticipated
separation date. Employees who terminate employment with the City
after giving proper written notice of such termination shall be
compensated for accrued but unused vacation time as of the date of
separation. Failure to comply with this notice procedure may be
considered reason for denying an employee future employment with
the City. An unauthorized absence from work for a period of three
(3) working days may be considered a resignation without notice.
8. Supplemental Employment. Employees must devote all work
time to City business. No work relating to supplemental employment
may be performed during an employees regularly scheduled hours.
Employees may accept supplemental employment while a City employee
only if the following conditions are met:
a. The employee informs his/her supervisor of the duties
of the supplemental position and any potential
conflict of interest with City employment;
.
b.
The supplemental employment does not conflict with the
overtime requirements of the employee's position with
the City; and
c. The supervisor approves of the supplemental employment
if it potentially conflicts with his or her City
employment.
9. Conflict of Interest. The credibility of local
government rests heavily upon the confidence which citizens have in
public employees to render fair and impartial services to all
citizens without regard to personal interest and/or political
influence. Thus, City employees must scrupulously avoid any
activity which suggests a conflict of interest between their
private interests and City responsibilities. Employees of the
City, or their family members, shall not engage or have financial
interest in any business or other activity which could reasonably
lead to a conflict of interest with the employee's primary City
responsibilities. "Family members" of an employee shall be deemed
to be the employee's spouse, parents, children, siblings, brothers-
in-law, and sisters-in-law and the lineal descendants of any of
them. Examples of activities which are not in accordance with this
policy include, but are not limited to:
.
a.
Having an interest in any business which has contacts
or other direct dealing with the City;
23.
b.
.
Activities which require the employee to interpret
City codes, ordinances, or regulations when such
activity involves matters with which the employee has
business and/or family ties;
c. Consulting activities carried out within the City if
such consulting involves talents or skills primarily
related to the employee's City work responsibilities;
and
d. Using an employee's authority or City position for the
purpose of personal financial gain.
Any employee engaging in any activity involving either an actual or
potential conflict of interest or having knowledge of such activity
by another employee shall promptly report the activity to the City
Administrator. The City Administrator shall investigate the matter
and make a determination as to whether or not an actual or
potential conflict exists. If the City Administrator determines a
conflict exists, it shall be presumed that the continuation of the
practice would be injurious to the effectiveness of the employee in
carrying out his/her responsibilities. In such cases the employee
shall immediately terminate the conflicting activity or be subject
to termination of employment.
.
10. Layoffs. Layoffs may become necessary as a result of
shortage of work, shortage of funds, unexpected over staffing, the
abolition of a position, or changes in the City's organization
structure. The City Administrator shall have authority to lay-off
any employee when such action becomes necessary as determined in
the City's sole discretion. Employees shall receive two (2) weeks
notice prior to a lay-off.
11. Report of Personnel Changes. The City attempts to
maintain complete and accurate personnel information on its
employees (i.e., address, phone number, etc.). It is the
responsibility of each employee to notify the City Administrator
when changes occur. The City Administrator may prescribe certain
forms for reporting such personnel changes to the City.
12. Government Data Practices Act. Numerous types of data
are categorized as private, non-public, or confidential under the
Minnesota Government Data Practices Act. Minnesota Statutes
SS 13.01-13.90. In many circumstances, data may not be disclosed
except with authorization of the subject of the data or pursuant to
court order. To ensure that the Data Practices Act is not
violated, employees are strictly prohibited from disclosing to a
third party, within or outside the City, any personnel data, data
relating to pending civil legal actions, or any other data that
might be classified as private, non-public, or confidential without
the City Administrator's express authorization. Pursuant to the
Minnesota Government Data Practice Act, the City Administrator
shall be appointed by the City Council as the responsible authority
.
24.
.
.
.
to administer the requirements for collection, storage, use, and
dissemination of data on individuals within the City.
13. Prohibition Against Drug or Alcohol Use. An employee's
involvement with drugs and alcohol can adversely affect job
performance, jeopardize an employee's well-being, and undermine the
professional stature of the City. The City's goal is to establish
and maintain a healthy and efficient workforce free from the
effects of drug and alcohol abuse. Accordingly, the use,
possession, transportation, or sale of drugs or alcohol by anyone
while on the City's property or on City business is strictly
prohibited. Further, employees are prohibited from being at work
under the influence of drugs or alcohol, including those prescribed
by a doctor that may in any way adversely affect an employee's
alertness, coordination, reaction, response, or the safety of
others. The reasonable consumption of alcohol at a City-sponsored
social event and sale of alcohol as part of an employee's job duty
are exceptions to this policy.
14. Smoking Policy. The City has a responsibility to provide
and maintain a healthy and clean working environment under the
Minnesota Clean Indoor Air Act. Therefore, the City shall promote
the concerns of non-smokers and establish guidelines to be followed
by all employees in order to enforce non-smokers' rights. The
following guidelines shall be followed by all City employees:
a.
No-Smoking Areas - The following are designated as no-
smoking areas within the City:
i. All Common Areas in the City's Buildings - For
purposes of this Policy, "Common Areas" means
all entry or exit areas, registration areas,
common traffic areas, or similar sections of the
City's buildings (i.e., receptionist area,
hallways, stairwells, and elevators) that
non-smokers would be required to use in order to
participate in activities for which the public
place is intended;
ii. All Conference and Meeting Rooms;
iii. All Rest Rooms;
iv. A Private Office which is occupied exclusively
by a non-smoker or at least one non-smoker who
objects to smoking and is not large enough to be
separated into a smoking and non-smoking
section; and
v. All Employee Lounges - Except during such break
times as may be prescribed by the City as
permitting smoking.
25.
b.
Smoking Areas - Smoking is only allowed in those
areas specifically designated by the City as
permitting smoking. The following have been
designated by the City as smoking areas:
.
i. Any area that is specifically designated by the
City as being a smoking area (i.e., a section of
a large conference and/or meeting room that
measures in excess of 200 square feet);
ii. A Private Office occupied exclusively by an
employee(s) who smokes, even though such room
may occasionally visited by non-smokers. In the
event smoke from a smoking employee's office
disturbs a non-smoking employee, the smoking
employee shall accommodate the wishes of the
non-smoking employee by keeping his/her door
closed or providing additional ventilation;
iii. Employee lounges during those times prescribed
by the City as permitting smoking (i.e., 9:30-
10:00 a.m., 12:30-1:30 p.m. and 3:00-3:30 p.m.);
and
.
iv. That section of a private office occupied by two
or more people may be designated as smoking so
long as the room is large enough to be separated
into a smoking and non-smoking area as defined
in the Minnesota Department of Health Rules.
c. City Vehicle - As a general rule, if a City vehicle
has a capacity of carrying fewer than ten (10)
people, it is a non-smoking vehicle unless all
occupants in the vehicle agree that smoking is
permitted. If a City vehicle has a capacity of
carrying more than ten (10) people, it may contain a
designated smoking and non-smoking section, so long
as enough seats are available in the vehicle to
accommodate the non-smokers. In the event that
non-smokers cannot be accommodated, the vehicle will
be designated non-smoking.
d. Private Social Functions - Smoking shall be permitted
at Private Social Functions for which gll the
following conditions are met:
i. The function is a specific social or
recreational event for which an entire room or
hall has been reserved for the purpose of
entertainment or pleasure and not for the
principal purpose of education, sales, or
business;
.
26.
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.
.
ii. The function is limited in attendance to people
who have been specifically designated and their
guests; and
iii. Seating arrangements for the function, if any,
are under control of the sponsor of the function
and not of the person otherwise responsible for
the public place.
e. Department Head Responsibilities - Department heads
are responsible for the following:
i. Ensuring that "No Smoking" and "Smoking
Permitted" signs, and any other signs created by
the City regarding this policy, remain posted in
accordance with the City's designation of
smoking and no-smoking areas;
ii. Ensuring that all City employees adhere to these
guidelines;
iii. Resolving disputes that may arise under this
Policy; and
iv. Ensuring that the rights of non-smoking
employees are given preference in the workplace.
f.
Employee Responsibilities - Employees who smoke
should respect all designated no-smoking areas and
the rights of non-smokers.
15. Tardiness/Absenteeism. Every City employee has an
important role to play in maintaining a productive workplace.
Therefore, it is essential that all employees report to work on
time and only miss work when absolutely necessary. Tardiness and
unexcused absences will not be tolerated by the City.
If an employee must be absent from work for any reason, other
than approved time off, the employee must notify his/her immediate
supervisor at least thirty (30) minutes prior to the start of
hiS/her normal working hours. If an emergency prevents the
employee from notifying his/her supervisor at such time, the
employee is expected to call as soon as possible during the work
day.
16. Termination. .The City reserves the right to terminate
any employee at any time and for any reason that does not violate
local, state, or federal law with or without notice. Employees may
also terminate emploYment at any time and for any reason upon
proper notice. The City expects an employee who chooses to
terminate emploYment with the City to provide a written termination
notice to the City in advance of the anticipated termination date
pursuant to Section 218.08, Subd. 7.
27.
.
.
.
17. Indemnification.
a.
Subject to the conditions set forth in this
provision, the City shall defend and indemnify any of
its offices and employees, whether elective or
appointive, for damages claimed or levied against
them, for any injury or loss alleged to have occurred
in the performance of his/her duties as a member of
City Councilor as a City employee; provided,
however, that the employee:
(i) Was acting in the performance of the
duties of his/her position; and
(ii) Was not guilty of malfeasance in office,
willful neglect of duty, or bad faith.
b. If, at the termination of the action brought against
a City employee or officer, judgment is rendered in
favor of the defendant and against the plaintiff,
such judgment for costs and disbursements shall be
assigned to the City by the defendant and all monies
collected thereon shall be paid to the City.
c.
If, at the termination of the action brought against
a City employee or officer, judgment is rendered
against the City employee or officer, the City shall
pay such judgment unless the employee or officer did
not act in a manner proscribed by Subdivision a.
d. Unless otherwise proscribed by law, if the action and
resulting judgment against the City employee or
officer is based on an intentional tort committed by
that person, the City may, at the discretion of the
City Council, pay such judgment if the Council finds
it fitting and proper to do so.
218.10 - Miscellaneous.
1. Repeal. City Ordinance, Section 218 entitled "Basic
Personnel Regulations" and passed after the consolidation of the
City and Township in approximately 1979 is hereby repealed. This
Ordinance supersedes any other personnel ordinance or regulations
previously adopted by the City.
2. Effective Date. This Ordinance becomes effective upon
its passage and publication by the City Council.
Passed and adopted this
~ day of June, 1990. Effective upon
~U~f/~ .~
publication.
Mayor James Tralle
28.
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.
.
ATTEST:
TJK:EB3s
TABLE OF CONTENTS
.
~
218 . 00 - Purpose .............. ... . .. . . . . . . . . . . . . . ..
1
218.02 - Administrative Organization .............
1
1. Intention of City Regarding Policies and
Employment ............. ... . . . . . . . . ... .
2 . Administration................ . . .. . . . . . ..
3. Duration of Employment ...................
4. Applicability. . . . . . . . . . . . .. . .. .. . . . . . . . . ..
5. Previously Accrued Sick Time and Vacation
1
1
1
2
Time .......................................
2
2
2
3
6. Amendments and Circulation ...............
7. Policy Development-Interpretation ........
8. Provisions Superseded in Certain Cases ..2
9. Definitions. . . . . . . . . . . . . . . . . . . . . . . . .... . ..
8 . 04 .- City Service .............................
.
1. General Appointment Procedure ............
2. Promotions. . . . .. . . . .. . . .. . . .. . . .. .. . . . . . . .
3 . Demotions.... . . . . . . . . . . . . .. . .. . . . . . . . . . . .
4. Orientation Period .......................
5 . Compensation... . . .. . . . . . . . . .. . .. . . . ... . . . .
6. Overtime Payment ..........................
7. Affirmative Action .......................
8. Position Classification Plan .............
3
3
4
4
4
6
6
7
8
8
8
9
9
9
11
14
14
17
18
19
20
20
20
20
20
21
22
22
218.06 - Employee Benefits .......................
1. Introduction/Changes in Benefits ..... ....
2. Eligibility for Employee Benefits ........
3. Represented Employees ....................
4. Vacation..... . . . . . . . . . . . . . . . . . . . . . . . . . . ..
S . Sick Time ................................
6 . Workers' Compensation ....................
7 . Leaves of Absence........................
8. Holidays... . . . . .. . . . . . . . . . . ,. . . . . . . . .. . . . .
9 . Insurance. . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . .
10. Performance Appraisals ...................
218.08 - Personnel Policies ......................
.
1. Applicabili ty .............................
2 . War k Week .................................
3 . Paydays. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .
4. Grievance Policy .........................
5. Sexual Harassment ........................
6. Discipline.. . . . . . . . . . . . . . . . . . . . ... . . . . . . .
7. Resignation. . . . . . . . . .. . . . . . . . . . . . . . . . . . . .
(i)
.
.
.
8. Supplemental Employment ..................
9. Conflict of Interest .....................
10 . Layoffs. .. .. . . .. . . . . . . .. . . . . . . . . . ... . . . ..
11. Report of Personnel Changes ..............
12. Government Data Practices Act ............
13. Prohibition Against Drug or Alcohol Use ..
14. Smoking Policy... ,. . . . .. . . ... . .. . ... ... . .
15. Tardiness/Absenteeism ....................
16 . Termination. . . . . . . . . . ..... . . . .. . . . . . . . . . . .
17 . Indemnification. . . . .. . . . . . . . . .. . .. . . . .. . ..
23
23
24
24
24
24
25
27
27
27
218.10 - Miscellaneous ...........................
28
28
28
1. Repeal.. . . ..... . ..' .... ., . . . . . ... . . . . . .; ..'. . . .. . . .
2. Effective Date .........................'..
(ii)
Mfidavit of Publication
.
STATEOFMINNESOTA )
)ss.
.
COUNTY OF SHERBURNE)
#
.
~CA'ltON
OP TIm CITf.OF
ItlV:b
. . NO. M.lt
!lNG.
ClTY OJ!'
1:410'
_N
The, Ci~ C()UDdlo(tlllt CitY' of Elk
IU"'!!' heJo8bY,fUlIeI1dS'lts City Code of
Ord~"~CIIlB and,~ ~.lUl follows:
l!kic~ion 1. 218 of the COd& of
Ordinances is . , , in its entirety.
Section.. Th& CO,de of Ordinances
Section 218.is, l-evised.. as it rellltes to
pe~nnelco. ,des ~dPP.u licies,generall.,. Y.
and In particUlar ailministratiye 01'-
gllDization, eJl1ployn,1ent .policies. d&fi-
. nitil?ns~. aPllqintmetttptocedures"pro_
motions, compensation, oveI'thnepay-
.m. ellts,..affi. Irma. tive a. ction, posi.tio"n clas-
S~~iolUl~ployeebenefits,v~tioll,
Slck~, ~rJters' eompensation,holi-
days. InSU~,pertbrmance ,apprais~
als, persot1QelpOUcles,gri~ance poli- ,
cies, , sexualharasllD1ent ... cJ.iscipJine
reslJroat,ion, supplementa1~plo~ent'
co~ of il)WreIlt" Iayclfl's, ~nnei
changilS. G>vernment '. Data Praetices
Act,prohibitiolUl811~, dr!1g andalco-
holuse, ,sm()kingpolicy, tardiness
a~n~istn, termil111tiOn, and mdem~
nificllti()ps.
The. ahove. description' of tb.eOrdi-
nance IS.a summaJy. A complete copy of
the o~ance revlllions are available
. for ,l'eV1ew a~ the office of the City Clerk
a~ theElkRiverCitY1Ial1 !lJl.datthe Elk
RIver Library. . ..... < ,,' .
PaBBec:l!lJl.d a'fu.})I'.ed this 4th day, of
June, 1990.l!Jfl"eCtlve upon pJ1bliCation.
ATTEST: Mayclr James Tralle
Sandy Thackeray, City Clerk.
(Jy 4)'
t-rl tLti (l (' fY\ CcJl
being duly sworn, on oath says that she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicaLle
laws, as amended.
(B) The printed 01 d~nCLtl <!L y)(). 90 -I J..
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I suc-
cessive weeks; it was fIrst published on Wednesday, the L/
day of ~lA..~L~ ,19--.:iQ and was thereafter
printed and' blishe' on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication ofthe
notice.
a bc de fghij k I m nap qrstu vwxyz
~ l
0--\ I .
BY: /-.. /.:/1." ~ ~~
TITLE: - .<. '+t-)
. / -fA
Subscribed and sworn to before me on this (0 - day of
-9" A~ ,19qO.. .....
. ~ YV1. Jr.JV/VJ1~
Notary Public 1
(2)
RATE INFO
Lowest classifIed rate paid b
commercial users for comparable
space
Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
NOTARY PUBLIC" M~:1
ANO . ....,N...esOTA ",
My Comlt)' S/ I(A COUNTY /
'S On E/(PI,.s June 10, 19S1O :
(1)
........
.
$ ::;- J .7
$ 3D .~9
$ ~c,s-9