4.1 ERMUSR 03-08-2022UTILITIES COMMISSION MEETING
TO:FROM:
ERMU Commission Tony Mauren – Executive Administrative Manager
MEETING DATE: AGENDA ITEM NUMBER:
March 8, 2022 4.1
SUBJECT:
Annual Commissioner Orientation
ACTION REQUESTED:
None
BACKGROUND:
Commission Policy G.2d – Commission Member Role, Responsibilities, and Orientation
describes the role and responsibilities of Commissioners operating as a governing body in
accordance with applicable law. The Commission also establishes its expectations for the
orientation of new commission members.
As stated in the policy, “The ERMU Commission is committed to excellent governance. This
requires that individual Commissioners be well-informed about ERMU, its customers and
stakeholders, the utility business, prudent financial management, and the Commission’s own
governance structure and processes.” Consistent with this commitment and commission
policies, an annual orientation program for new and existing commission members was
implemented in 2018.
With there being no new members in 2022, this year’s annual orientation will offer our
experienced commissioners the opportunity to review the Commission Policy manual and
reference guide updates as well as refresh their understanding of applicable technologies.
COMMISSIONER ORIENTATION AGENDA:
1. Update Commission Policy Manual
Commission Policy Table of Contents
G.2a1 - Payment In Lieu of Taxes (PILOT) and Other Donations to the City of Elk
River
G.2e1 - Conflicts of Interest
G.4d1 - Customer Data Privacy
G.4f1 - Employee Handbook
G.4g1 - Performance Metrics and Incentive Compensation
G.4g1a - Performance Metrics and Incentive Compensation Policy Score Card
G.4i5 - Purchase Orders - Removed
G.4i6 - Public Purchase Expenditures
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G.4j3 - Customer Deposits
G.4l - Protection of Assets
G.4l1 - Use and Disposal of Utility Property
G.4l2 - Inventory - Removed
G.4l3 - Mobile Device Guidelines
G.4o1 - Water Use Restrictions
G.4r - Mutual Aid
2. Update Commission Reference Guide
2022 Governance Agenda
2022 ERMU Organizational Chart
2022 Utilities Commission Member Listing
2022 Utilities Commission Meeting Schedule
2022 Upcoming Events
2022 Travel Expense Guidelines for Commissioners
3.Technology Review – Electronic Policy Manual, Microsoft 365, Passwords, Phishing
ATTACHMENTS:
Commission Policy Manual and Reference Guide updates listed above
ERMU Cyber Smarts - Technology Review Presentation
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COMMISSION POLICYMANUAL TABLE OF CONTENTS
GOVERNANCE
Authority and Purpose Policies
G.1aBylaws
G.1bOrganizational Core Purpose
G.1cMission Statement
G.1dVision Statement
G.1eOrganizational Values
G.1fOrganizational Fundamentals
G.1gPlanning Themes
Governance Policies
G.2Commission Purpose
G.2aCommission City Council Relationship and Roles
G.2a1Payment in Lieu of Taxes (PILOT) and Other Donations to the City of Elk River
G.2a2Street Light Installation and Maintenance MemorandumofUnderstanding
G.2a3Repairs to Private Water Utility Line Memorandum of Understanding
G.2bGoverning Style
G.2cAgenda Planning
G.2dCommission Member Role, Responsibilities and Orientation
G.2eCommission Member Conduct
G.2e1Conflicts of Interest
G.2fCommission Officer Roles, Responsibilities and Succession
G.2gCommission Committees
G.2g1Wage & Benefits Committee Charter
G.2g2Financial Reserves and Investment Committee Charter
G.2g3Information Security Committee Charter
G.2g4Dispute Resolution CommitteeCharter
G.2hIndependent Advisors tothe Commission
Commission Management Connection Policies
G.3Commission -Management Roles
G.3aControlling Authority
G.3bDelegation of Authority to the General Manager
G.3cGeneral Manager Accountability
G.3dMonitoring Performance of the General Manager
G.3eGeneral Manager Performance Planning and Evaluation
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ERMU Commission PolicyManual Table of Contents
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Delegation to Management Policies
G.4Corporate Limitations
G.4aSuccession of Leadership
G.4bInformation and Support to the Commission
G.4cStrategic and Business Planning
G.4dCustomerInterests
G.4d1Customer Data Privacy
G.4eCore Customer Services
G.4e1Customer Accounts
G.4e2Electric Services
G.4e3Water Services
G.4f Employee Interests
G.4f1Employee Handbook
G.4f2Controlled Substances
G.4gOrganization, Staffing, and Compensation
G.4g1Performance Metrics and IncentiveCompensation
G.4g1aPerformance Metrics and Incentive Compensation Policy ScoreCard
G.4hFinancial Planning and Budgeting
G.4iFinancial Condition and Transactions
G.4i1Investments
G.4i2Financial Reserves
G.4i3Debt Issuance and Payment
G.4i4Procurement
G.4i6Public Purpose Expenditures
G.4jCost Allocation and Recovery
G.4j1Rates and Charges for Electric Service
G.4j2Rates andCharges for Water Service
G.4j3Customer Deposits
G.4kMMPA Relationship, Representative and Governance
G.4lProtection ofAssets
G.4l1Use and Disposal ofUtility Property
G.4l3Mobile Device Guidelines
G.4mCorporate Risk Management
G.4nLegal andRegulatory Compliance
G.4oEnvironmental Stewardship
G.4o1Water Use Restrictions
G.4pExternal Communications
G.4qCommunity Involvement
G.4r Mutual Aid
Results Policies
G.5Goals and Results
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COMMISSIONPOLICY
Section:Category:
GovernanceGovernance Policies
Policy Reference:Policy Title:
Payment in Lieu of Taxes and Other
G.2a1
Donations to the City of Elk River
PURPOSE:
The success of ERMU is linked with the success of our community. And the success of our
community is linked with the operation of our city government and ERMU. ERMU was
purchased by the City of Elk River in 1945 and separate governance was created per State
Statute in 1947. Although governedseparately, ERMU is still an important component of our
local government and our city services.
It is typical for a municipal utility to provide a Payment in Lieu of Taxes (PILOT) and other
donations to their city, regardless of a separation of governance. Although typical, this
become non-competitive, or inhibit needed investment in personnel or infrastructure which may
r customers. For these reasons the PILOT and other
donations should be reviewed at least once every five (5) years by the ERMU Commission.
POLICY:
The PILOT and other donations to the City of Elk River shall be as follows:
1.Payment in Lieu of Taxes (PILOT)The PILOT transfer from Elk River Municipal Utilities
electric customers,except customers qualifying for the Transmission TransformedService
rate,within the corporate boundaries of the City of Elk River.
For the customers that qualify for the Transmission TransformedServicerate,thePILOT
transfer from ERMU to the City of Elk Rivershall befour percent (4%) of themargin
remaining from the evenly split charge per kWh to cover dispatching,billing, and
administrative costsincurredby the wholesale power provider and ERMU.
2.Donated ElectricityElk River Municipal Utilities shall donate all electricity to the City of
Elk River for street lights and signal lights.
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ERMU Commission PolicyG.2a1Payment in Lieu of Taxes and Other Donations to the City
of Elk River
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3.Donated WaterElk River Municipal Utilities shall donate water for use by the Elk River
Fire Department (ERFD) for the purpose of extinguishing fires within the City of Elk River
and other cities under contract with the ERFD.
For the purpose of creating ice rinks for public/ non-enterprise use, ERMU shall donate water
for use by the Elk River Parks Department.
Elk River Municipal Utilities shall donate water for the use by the Elk River Streets
Department for the use of street sweeping.
4.Donated LaborBecause of specialized skills and equipment, ERMU may be able to provide
a better value to our community by donating labor to the City of Elk River. For example,
ERMU has trained employees and the equipment to hang banners where the City does not.
In this example, ERMU is able to provide this donated service to the City for less cost than a
third party, creating greater value to our community. For such situations, ERMU shall donate
labor to the City of Elk River, as appropriate, where a greater value is created for our
community and where ERMU is not subjected to undue burden.
In addition to hanging banners, other examples include: maintenance of street lighting,
relamping signal lights, locating underground fiber optics and/or other facilities,
administration costs associated with the billing of city franchise fees, installation of
temporary lighting, relamping of city ball field lighting, installation and/or maintenance of
POLICY HISTORY:
Adopted December 6, 1994
Revised June 6, 2008
Revised July 2, 2013
Revised October 13, 2015
Revised January 1, 2016
Revised October 8, 2019
Revised May 11, 2021
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COMMISSIONPOLICY
Section:Category:
GovernanceGovernancePolicies
Policy Reference:Policy Title:
G.2e1Conflicts of Interest
1.0CONFLICTS OF INTEREST PROHIBITED
The credibility of ERMU rests heavily upon the confidence which citizens have in ERMU
officials and employees to render fair and impartial services to all citizens without regard to
personal interest and/or political influence. Thus, ERMU officials and employees must
scrupulously avoid any activity which suggests a conflict of interest between theirprivate
interests and ERMU responsibilities. Officials and employees of ERMU, 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 t
-in-law, mother-in-law, brothers-in-law,
and sisters-in-law and the lineal descendants of any of them.
2.0CONTRACTS WITH ERMU COMMISSIONERS AND EMPLOYEES
A.Prohibition
Nosale, lease or contract shall be entered into by or on behalf of ERMU in violation of
Minnesota Statutes, Sections 471.87 471.89.
B. Procedure
Contracts which are permitted by Minnesota Statutes, Section 471.87 471.89 may be
entered into, provided the requirements of those Statutes are met, including:
1.A determination is made that the contract price is as low as or lower than the price at
which the commodity or services could be obtained elsewhere.
2.The ERMU Commissionapproves the contract by unanimous vote.
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ERMU CommissionPolicyG.2e1Conflicts of Interest
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3.If an ERMU Commissioneris the interested officer, that Commissionershall abstain
from voting on the matter.
4.The ERMU Commissionpasses a resolution, in the form attached, setting out the
or service to be provided, and stating that the contract price is as low or lower than
could be found elsewhere.
5.Before the contract is approved, the interested officer or employee files an affidavit,
in the form attached, with theGeneral Manager that contains the following:
The name and office of the interested officer or employee.
An itemization of the commodity or services furnished.
The contract price.
The reasonable value.
The interest of the officer or employee in the contract.
contract price is as low or lower than the price that could be obtained from
other sources.
3.0EXAMPLES OF PROHIBITED CONFLICTS OF INTEREST
Examples of activities which are not in accordance with this policy include, but are not limited
to, the following:
1.Acceptance by an ERMU official of any gift from an interested person in violation of
Minnesota Statutes, Section 471.895;
2.Activities which require the official or employee to interpret ERMU policies or
regulations when such activity involves matters with which the official or employee
has business and/or family ties;
3.Consulting activities within the City of Elk River or the ERMU service territory if
such consulting involves talents
4.thority, influence or ERMU position for the
purpose of private or personal financial gain;
5.The use of ERMU time, facilities, equipment or supplies for the purpose of private or
personal financial gain;
6.Entering into a business transaction when it involves using confidential information
gained in the course of employment;
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ERMU CommissionPolicyG.2e1Conflicts of Interest
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7.Accepting other employment or public office where it will affect
gained as a result of ERMU duties;
8.Conducting personal business while working regularly scheduled hours; and
9.Accepting rebates or procuring any financial gain through the bidding process or
employment of outside personnel.
4.0ENFORCEMENT:
Any official or employee engagingin any activity involving either an actual or potential conflict
of interest or having knowledge of such activity by another official or employeeshall promptly
report the activity to the ERMU General Manager or an ERMU Commission. The ERMU
General Manager or Commissionshall investigate the matter and make a determination as to
whether or not an actual or potential conflict exists. If the ERMU General Manager or
Commissiondetermines a conflict exists, it shall be presumed that the continuation of the
practice would be injurious to the effectiveness of the official or employee in carrying out his
duties and responsibilities. In such cases the official or employee shall immediately terminate
the conflicting activity or be subject to termination of employment or removal from office.
POLICY HISTORY:
AdoptedJune 12, 2012
Revised May 14, 2019
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ERMU CommissionPolicyG.2e1Conflicts of Interest
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Resolution Authorizing Contract with an ERMU Commissioneror Employee
(under Minn. Stat. §§471.88, subd. 5 and 471.89, subd.2)
WHEREAS, ERMU desires to purchase the following .
AND WHEREAS, is the
of ERMU and will be financially interested in the contract;
AND WHEREAS, it is determined that the contract price of$is as low as,
or lower than, the price at which the goods or servicescan be obtained elsewhere at this time;
AND WHEREAS, the contract is not one that is required to be competitively bid;
AND WHEREAS, has filed an affidavit of official interest as required
under Minn. Stat. §§ 471.89 and the ERMU Conflict of Interest Policy;
NOW BE IT RESOLVED,by the ERMU Commission, that ERMU staff is directed to
make the above-mentioned purchase on behalf of ERMU from for a
price of $.
THIS RESOLUTION passedand adopted this _____day of _______________, 20___,to
comply with the provisions of Minn. Stat. §§ 471.87-.89 and the ERMU Conflictsof Interest
Policy.
Moved by Commissioner ________________, seconded by Commissioner__________________
The following voted in favor of said resolution:_______________________________________
The following voted against the same:_______________________________________________
The following abstained:__________________________________________________________
By
Chair
By
General Manager
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ERMU CommissionPolicyG.2e1Conflicts of Interest
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Affidavit of Official Interest in Claim
(under Minn. Stat. §§ 471.88, subd. 5 and 471.89, subd. 3)
STATE OF MINNESOTA)
COUNTY OF )
I, , being duly sworn state the following:
1)I am the of the Elk River Municipal Utilities.
2)On, the followinggoods or serviceswere furnished by
to ERMU: (specify the type of goods, merchandise, equipmentor
services that were purchased).
3)The contract price for suchgoods or serviceswas $and their reasonable
value was $.
4)At the time suchgoods/serviceswere furnished to ERMU, I had the following personal
financial interest in this contract: (specify the nature of the personal financial interest).
To the best of my knowledge and belief the contract price is as low as, or lower than, the price at
which the goods or servicescould be obtained from other sources.
I further state that this affidavit constitutes a claim against ERMU for the contract price, that the
claim is just and correct, and that no part of the claim has been paid.
Subscribed and sworn to before me this day of , 20___.
(Notary)
GP:3186227 v1
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COMMISSIONPOLICY
Section:Category:
GovernanceDelegation to Management Policies
Policy Reference:Policy Title:
G.4d1Customer Data Privacy
1.0POLICY
Elk River Municipal Utilities(ERMU)recognizes our responsibility to keep information about
our customers secure and confidential.We are committed to using our best efforts to protect our
ivate information and have taken the following steps to ensure that our customers
privacy is protected.
2.0INFORMATION WE COLLECT
ERMUis the sole owner of the information collected from ourcustomers.We collect personally
identifiable information, such as name, address, account number, phone number, financial
information, social security number,email addresses, etc. that is required forbusiness purposes.
This information will be maintained as confidential business information for which access is
strictly limited.We do not sell or rent any information to others.We do not disclose any non-
public personal information about our customers to any,except as permitted by law.
3.0SECURITY
We restrict access to non-public personal information about our customers to those employees
who need to know specific information to provide products or services to our customers.Our
employeesare trainedto respect customer privacy and to access customer informationonly when
they have a business reason to know information.We maintain physical, electronic, and
procedural safeguards that comply with federaland statestandards to guard our cusn-
public personal information.
4.0NOTIFICATION
This policy will be provided to customers asrequestedand distributedon an annual basis in the
form of a customer privacy notice.Changes to this privacy policy will occasionally be updated to
reflect company and customer needs.
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ERMU CommissionPolicyG.4d1Customer Data Privacy
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POLICY HISTORY:
AdoptedNovember 14, 2006
Revised November9, 2021
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ERMU Commission Policy G.4f1 ERMU Employee Handbook
EMPLOYEE HANDBOOK
13069 Orono Parkway
Elk River, MN 55330
Office: 763.441.2020
April 2021
70
Table of Contents
RECEIPT AND ACKNOWLEDGMENT.....................................................................v
1. IMPORT NOTICE ABOUT THIS HANDBOOK ............................................ 1
PERSONNEL RECORDS................................................................................... 1
ACCESS TO PERSONNEL RECORDS ........................................................... 1
GENERAL WORKPLACE POLICIES........................................................................4
2. OPEN DOOR POLICY ....................................................................................... 4
3. EQUAL EMPLOYMENT OPPORTUNITY .................................................... 5
4. DISABILITY ACCOMMODATION................................................................. 5
5. HARASSMENT PROHIBITED ......................................................................... 6
................................... 6
...................................................................................................... 7
................................................................ 7
......................................................................... 8
............................................................................... 8
6. BUSINESS CONDUCT ....................................................................................... 8
7. ETHICS, GIFTS AND CONFLICTS OF INTEREST ..................................... 9
8. EMPLOYMENT OF RELATIVES ................................................................... 9
9. WHISTLEBLOWERS ...................................................................................... 10
10. WAGE INFORMATION .................................................................................. 10
11. WEAPONS PROHIBITED ............................................................................... 11
12. EMPLOYEE SAFETY ...................................................................................... 11
13. DRUG TESTING ............................................................................................... 12
14. EXPOSURE TO HAZARDOUS SUBSTANCES ........................................... 12
15. SOLICITATION AND DISTRIBUTION........................................................ 13
................................................................................................... 13
........................................................................................................... 13
................................................................................................... 14
......................................................... 14
16. ELECTRONIC COMMUNICATIONS: INTERNET, E-MAIL, AND
SOCIAL MEDIA ............................................................................................... 14
.............................................. 15
................................................................................... 16
17. SUPPLEMENTAL EMPLOYMENT .............................................................. 16
......................................................................... 17
18. REPORT OF PERSONNEL CHANGES ........................................................ 17
19. ATTENDANCE.................................................................................................. 17
20. DISCIPLINE, DISMISSAL & LAY OFF ....................................................... 18
............................................................................................................. 18
.................................................................................... 18
................................................................................ 18
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21. JOB POSTING ................................................................................................... 19
22. PERFORMANCE REVIEWS .......................................................................... 19
....................................................................... 19
WAGES AND HOURS..................................................................................................20
23. WORK HOURS, OVERTIME, AND COMPENSATORY TIME ............... 20
.................................................................................................... 20
........................................................................................... 21
24. EMPLOYEE CLASSIFICATIONS ................................................................. 22
............................................................................ 22
........................................................................... 22
........................................................................................ 22
.............................................................................................. 22
...................................................................................... 23
................................................................................................ 23
........................................................................................... 23
25. TIME REPORTING POLICY ......................................................................... 23
.................................................................................................... 23
.................................................................................................. 23
........................................................................................................... 24
............................................................................. 24
.................................................. 24
........................................................................................................... 25
Working Remotely ............................................................................................. 25
26. FAIR PAY POLICY .......................................................................................... 25
All Employees ..................................................................................................... 26
Protection of Employee Rights ......................................................................... 26
Record Your Time And Review Your Pay Stub ............................................. 26
How to Raise a Question or Concern about your Pay or a Payroll
Deduction ............................................................................................................ 26
Regular Attendance is an Essential Job Function and Your
Attendance Record is a Performance Issue ..................................................... 27
Non-Exempt Employees .................................................................................... 27
On Call Time For Non-Exempt Employees ..................................................... 27
Exempt Employees ............................................................................................. 28
Salary Basis of Compensation .......................................................................... 28
Attendance and Recording Time for Exempt Employees .............................. 28
On Call Time For Exempt Employees ............................................................. 28
............................................. 28
Important Definitions. ....................................................................................... 29
Permissible Deductions from Salary. ............................................................... 29
Impermissible Deductions from Salary. .......................................................... 29
............. 30
Questions or Concerns about This Fair Pay Policy ........................................ 30
27. CALL OUT TIME: REGULAR FIELD WORKERS .................................... 30
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28. ON-CALL ........................................................................................................... 30
..................................................................................... 30
Required On-Call Rotation for Regular Field Workers.................................30
Residency Rule.................................................................................................31
Response Time.................................................................................................31
Take Home Vehicles........................................................................................31
Compensation for On-Call Time.....................................................................31
Compensation for Actual Response Time.......................................................32
Call out time.....................................................................................................32
........................................................................... 32
Superintendents...............................................................................................32
Take Home Vehicles........................................................................................33
29. ELECTRIC RE-CONNECT TIME ................................................................. 33
30. STORM PAY ...................................................................................................... 33
31. LEAD PAY DIFFERENTIAL .......................................................................... 34
32. PAYCHECK DEDUCTIONS ........................................................................... 34
33. PAYCHECKS .................................................................................................... 34
34. NIGHTWORK REST TIME ............................................................................ 35
35. TRAVEL AND TRAINING TIME .................................................................. 35
BENEFITS......................................................................................................................36
36. GENERAL BENEFITS ..................................................................................... 36
37. VACATION ........................................................................................................ 37
38. PURCHASED VACATION TIME (PVT)....................................................... 38
39. PAID SICK LEAVE .......................................................................................... 39
40. PAID HOLIDAYS ............................................................................................. 40
41. EMPLOYEE CLOTHING ................................................................................ 41
42. HEALTH CARE SAVINGS PLAN ................................................................. 41
43. 457 DEFERRED COMPENSATION .............................................................. 43
........................................................... 43
44. HEALTH INSURANCE COVERAGE ........................................................... 43
45. DENTAL INSURANCE .................................................................................... 44
46. LONG-TERM DISABILITY ............................................................................ 44
47. LIFE INSURANCE ........................................................................................... 44
48. VISION INSURANCE....................................................................................... 44
49. HOME COMPUTER LOAN POLICY ........................................................... 44
50. EDUCATIONAL ASSISTANCE ..................................................................... 45
LEAVES OF ABSENCE...............................................................................................46
51. PARENTING LEAVE ....................................................................................... 46
52. MINNESOTA SICK FAMILY MEMBER OR SAFETY LEAVE ............... 47
53. SCHOOL ACTIVITIES LEAVE POLICY..................................................... 48
54. BONE MARROW AND ORGAN DONATION LEAVE .............................. 48
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55. NATIONAL GUARD AND RESERVE LEAVE ............................................ 49
56. MILITARY LEAVE FOR UNIFORMED SERVICE.................................... 49
57. JURY/WITNESS DUTY LEAVE .................................................................... 50
58. PERSONAL LEAVE DAY ............................................................................... 50
59. BEREAVEMENT LEAVE ............................................................................... 50
60. GENERAL LEAVE ........................................................................................... 50
61. VOTING LEAVE; SERVICE AS ELECTION JUDGE ................................ 51
62. PAID LEAVE DONATION .............................................................................. 51
RECEIPT AND ACKNOWLEDGMENT...................................................................54
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RECEIPT AND ACKNOWLEDGMENT
(EMPLOYEE REFERENCE COPY)
By signing this receipt, I acknowledge that I have received a copy of the Elk River
policies contained or referenced in the Handbook supersede and replace previously-issued
handbooks, contrary oral or written statements of employment policy, and contrary
employment practices.
I understand that the Employee Handbook may be amended at any time, with or without
notice. I understand that I do not have a protected property interest in my employment
with the Utilities. I also understand that neither this Handbook nor any provision in it
creates a contract of employment for any particular duration between the Utilities and me.
Further, I understand thatnothing in this Handbook creates a contract with specific terms
between the Utilities and me.
I acknowledge that it is my responsibility to become and remain informed about the
employment policies and practices of the Utilities and to abide by the rules, regulations,
standards and policies of the Utilities, including those contained in this Handbook. I also
or standards is just cause for discipline, up to and including termination of my employment.
DatePrint or Type Name
Employee Signature
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1. IMPORT NOTICE ABOUT THIS HANDBOOK
This Employee Handbook sets forth general policies of the Elk River Municipal Utilities
responsibilities. The Handbook applies to all Utilities employees.
The Utilities Commission shall, in accordance with its statutory responsibility to manage
the Utilities, be responsible for the maintenance and periodic revision of personnel policies,
The Utilities is committed to
complying with all applicable law. If it comes to the attention of the Utilities that any
provision of this Handbook is inconsistent with applicable law, the Utilities will comply
with applicable law.
Each employee of the Utilities is responsible to become and remain informed about the
employment policies and practices of the Utilities and to abide by the rules, regulations,
standards and policies of the Utilities, including those contained in this Handbook.
This Handbook is designed to answer basic questio
policies and procedures and to serve as a resource when you may need information. This
Handbook cannot cover every situation, and the Utilities reserves the right to interpret and
apply this Handbook and to address each situation as it determines appropriate.
If you have any questions about the information in this Handbook, or if the Handbook does
not appear to address your concern, please contact your immediate supervisor, another
No employee has a protected property interest in his or her employment with the Utilities,
and nothing in or about this Handbook creates a contract of employment for any particular
duration between the Utilities and any Employee. Further, to be clear, nothing in this
Handbook creates a contract with specific terms between the Utilities and any employee.
for discipline, up to and including termination of employment.
PERSONNEL RECORDS
Certain personnel records are required by law, and others are needed for the Utilities
benefits and administrative purposes. Please be sure that all personal information in your
file is accurate and up-to-date. If your personal information changes, please let Human
Resources know.
ACCESS TO PERSONNEL RECORDS
Minnesota Law provides employees with certain rights relating to their personnel records.
(See Minnesota Statutes Sections 181.960 to 181.965). The Utilities will comply with all
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requirements of the law. As a new or continuing employee of the Utilities you are put on
notice of the following rights and remedies provided by Minnesota law.
1.Employees, upon making a good faith written request, have the right to review their
personnel record, as defined by the statute, up to once every six months. The record must
employee's normal working hours, and at the employee's place of employment or other
nearby location. The Utilities may require that the review be done in the presence of a
Utilities representative. If employees so choose, they may make a written request for a
copy of the personnel record which will be provided free of charge.
2.Former employees, upon making a good faith written request, have the right to
receive a copy of their personnel record, as defined by the statutes, once each year after
separation of employment for as long as the personnel record is maintained. The personnel
records must be provided free of charge.
3.The Utilities must comply with the written request to review or provide a copy of
the personnel records no later than seven working days after receipt of the written request,
or no later than fourteen days after the receipt of the request if the personnel record is
located outside of the state.
4.Employees and former employees have the right to submit a written position
statement to the personnel record if the record contains any disputed information which the
employee/former employee and the Utilities cannot agree to remove or revise. The written
position statement may not exceed five written pages. The written position statement must
be included along with the disputed information in the record for as long as the disputed
information is maintained in the personnel record. A copy of the written position statement
must also be provided to any other person who receives a copy of the disputed information
from the Utilities after the written position statement is submitted.
5.If the Utilities and the employee have fully complied with the requirements related
to disputed information, which are described in the paragraph immediately above, no
communication by the employee or the Utilities of information contained in the personnel
records may be made the subject of any common law civil action for libel, slander, or
defamation, unless the Utilities communicates information with knowledge of its falsity or
with reckless disregard of its falsity.
6.If theUtilities refuses to comply with the personnel record statutes, employees and
former employees may bring a civil cause of action seeking to compel compliance and may
recover actual damages plus costs for a violation of the statutes. In addition, the Minnesota
Department of Labor & Industry can enforce the statutes and seek additional remedies and
impose fines.
7.The Utilities may not retaliate against an employee for asserting the rights or
seeking the remedies described above. Employers that retaliate against employees for
exercising the rights or remedies described above may be liable for actual damages, back
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pay, reinstatement, costs, attorneys' fees and other make whole relief. In addition, the
Minnesota Department of Labor & Industry may seek additional remedies and impose
fines.
8.Information that properly belongs in the employee's personnel record, as defined in
the statute, which is omitted from the personnel record provided by the Utilities to the
employee may not be used by the Utilities in certain legal proceedings including
administrative, judicial or quasi-judicial proceedings, unless the Utilities did not
intentionally omit the information and the employee is given a reasonable opportunity to
review the omitted information prior to its use.
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GENERAL WORKPLACE POLICIES
2. OPEN DOOR POLICY
During your employment with the Utilities you may have certain concerns, such as an
issue, suggestion, complaint, or question, about your job, your working conditions or some
related matter. We strongly encourage you to raise any suchconcerns to Utilities
management, so that we will have the benefit of your input on the matter and you will have
the benefit of our best efforts to address any concerns you might have.
In addition, you are required to report any conduct in the workplace or related to the
Utilities that you believe is illegal, and to ask questions if you are not sure whether any
particular conduct is legal or appropriate. Please also see the discussion under the
Whistleblower Policy in this Handbook. Anyone who fails to report a known or suspected
violation of law, regulation or internal policy may be considered to have committed an
equally serious violation. That individual may be subject to corrective and/or disciplinary
action, up to and including discharge.
Under this Open Door Policy, we ask that you first raise any concern about your
employment or the workplace with your immediate supervisor, if possible, and follow the
steps below to have your concerns addressed. (Please note that issues of harassment should
be
1.If you have any concern about any aspect of employment with the Utilities or with the
as
possible. In most cases your immediate supervisor will be the person in the best
position to address your concerns. The supervisor and the Utilities will make every
effort to keep the matter confidential to the extent possible within the confines of the
rights and obligations of you and the Utilities.
2.If for some reason you are not comfortable discussing your concerns with your
immediate supervisor, choose another Utilities manager or Director with whom to
discuss your concerns. Again, he/she willmake every effort to keep the matter
confidential to the extent possible.
3.
Resources Representative.
The Utilities strictly prohibits retaliation or reprisal of any kind against an employee who
makes a good faith report regarding a known, or suspected, violation or concern regarding
any law.
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3. EQUAL EMPLOYMENT OPPORTUNITY
The Utilities pledges its best efforts to avoid discrimination against any employee or
applicant for employment because of race, color, creed, religion, sex, sexual orientation,
gender identity, age, national origin, marital status, familial status, pregnancy, genetic
information, veteran status, status with regard to public assistance, disability, status as a
patient enrolled in the state of Minnesota medical marijuana registry program or an enrolled
patient's positive drug test for marijuana, or any other status that may be protected by state
or federal law.
The Utilities prohibits discrimination against and 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 good faith complaint under
this Policy or for assisting with investigations of complaints made under this Policy is also
strictly prohibited.
Any person who feels that he/she has experienced discrimination or harassment in violation
of law and/or this Policy should immediately contact his/her supervisor, the Human
Resources Representative, and/or any Utilities manager or Director. Any manager or
Director who receives a report under this policy is required to communicate the matter to
the Human Resources Representative immediately.
4. DISABILITY ACCOMMODATION
The Utilities is committed to providing reasonable accommodation, as appropriate, for
qualified employees who have disabilities and for health conditions related to an eligible
-birth, or related health conditions.
An employee who believes that he or she requires an accommodation due to a disability,
pregnancy or child birth in order to perform the essential functions of his or her position
should so advise his or her immediate supervisor, another Utilities manager or Director, or
the Human Resources Representative. We ask that this request be made in writing.
On receipt of a reasonable accommodation request, the Utilities will engage in an
interactive process with the employee to determine if the employee is entitled to a
reasonable accommodation and if one can be granted without creating an undue hardship
for the Utilities. The Utilities reserves the right to request medical or other certification of
the need for the accommodation in accordance with applicable law.
Retaliation against any individual for making a good faith complaint under this Equal
Employment Opportunity/Disability Accommodation policy, for opposing discrimination,
or for participating in an investigation of any claim regarding discrimination or disability
accommodation is strictly prohibited.
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If you feel that you have experienced such retaliation, you should follow the Reporting
Procedure outlined above in the Open Door Policy. Any manager or Director who receives
a report under this policy is required to communicate the matter to the Human Resources
Representative immediately.
5. HARASSMENT PROHIBITED
All Utilities employees have a right to work in an environment free from discrimination
and intimidation, including harassment. The mission of the Utilities is best accomplished
in an atmosphere of professionalism that in turn is supported by mutual respect and trust.
The Utilities expects all employees to work toward this goal. Harassment based on a
identity, disability, age, marital status, geneticinformation, status with regard to public
assistance, veteran status or any other protected class status may be unlawful and is strictly
prohibited by the Utilities.
Harassment consists of unwelcome co
national origin, sex, sexual orientation, gender identity, disability, age, marital status,
genetic information, 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:
a condition of employment; or
a basis for an employment decision affecting your job.
One form of prohibited harassment is sexual 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
interferingwith your job performance, or creating an intimidating, hostile, or offensive
work environment; or when submission to such conduct is made:
a condition of employment; or
a basis for an employment decision affecting your job.
The Utilities prohibits sexualharassment of any type and in any form, including verbal,
physical, and visual harassment. Some examples of conduct that may be sexual harassment
include:
use of offensive or demeaning terms that have sexual connotations;
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telling suggestive jokes or stories and conversations about sexual
exploits, sexual preferences, and desires;
jokes, cartoons, pictures, objects or stories that have a sexual content;
threa
advancement or other terms and conditions of employment are
unwelcome sexual advances;
repeated, unwelcome sexual flirtations, propositions, or invitations to
social engagements; or
unwelcome and objectionable physical contact or physical proximity.
The Utilities prohibits harassment of any type or form. This policy prohibits same sex
harassment as well as harassment by members of the opposite sex. In addition, this policy
prohibits sexual harassment and any other form of harassment by any individual, including
Utilities managers, employees, co-workers, and third parties such as clients, elected
officials, consultants
The Utilities wants to resolve any problems, but it can do so only if it is aware of them.
The Utilities encourages any individual who believes he/she is being harassed to report any
and all incidents of perceived harassment.
If at any time you feel you are being harassed, you should immediatelycontact:
your supervisor; and/or
another Utilities manager or Director (including any superintendent of the Utilities
or other representative as defined in Section 24of this Handbook); and/or
the Human Resources Representative.
Any Utilities manager or Director or other person who receives a report under this policy
is required to communicate the matter to the Human Resources Representative
immediately.
Your report of harassment may be oral 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.
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The Utilities will promptly investigate harassment complaints as appropriate, and take
other appropriate action. Any person who is found to have committed prohibited
harassment will be subject to corrective action up to and including termination.
The Utilities will strive to protect the confidentiality of information the Utilities receives
pursuant to this policy to the extent feasible and to the extent permitted by law.
Retaliation against any individual for making a good faith complaint under this policy, for
opposing harassment, or for participating in an investigation of any claim regarding
harassment or inappropriate behavior is strictly prohibited.
If you feel that you have experienced such retaliation, you should follow the Reporting
Procedure outlined in this policy.
Any questions about this policy or any related matter should be referred to the Human
Resources Representative or any Utilities manager or Director.
6. BUSINESS CONDUCT
In accepting employment with the Utilities, employees become its representatives to the
public and are responsible for assisting and serving the customers for whom they work.
er Municipal
Utilities. The values of Elk River Municipal Utilities -ethics, open and honest
communication, maintaining a positive workplace for employees, and serving customers
must guide our daily business activities. We strive for and take individual responsibility
for ethical behavior not only because it is the right thing to do, but also because it is a
fundamental value in public services.
Unacceptable conduct consists of any act or omission that, in the business judgment of Elk
River MunicipalUtilities, significantly departs from expected standards of behavior
affecting the workplace. Some examples of unacceptable conduct include, but are not
limited to:
1.
2.Not rendering prompt and courteous service to customers and the public at all times.
3.Not maintaining courtesy and professionalism towards other employees.
4.Unauthorized possession of Utilities property.
5.Falsifying timekeeping records or any other Utilities records.
6.
7.
8.Fighting or threatening violence in the workplace.
9.Negligence or improper conduct leading to damage of employer-owned or
customer-owned property.
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10.Insubordination or other disrespectful conduct, including failing to respond to
warnings or directives to improve conduct or performance.
11.Violation of safety or health rules.
12.Sexual or other unlawful or unwelcome harassment.
13.Unauthorized possession of firearms or any object that could be considered a
14.Excessive absenteeism or any absence without reasonable notice.
15.Unauthorized disclosure of business secrets or confidential information.
16.Misuse of Utilities resources.
17.Any other behavior unacceptable to Utilities management or any conduct
inconsistent with the policies in this Handbook or the rules, practices or standards
of the Utilities.
All employees have a personal responsibility to report any behaviors or practices that may
constitute unacceptable conduct under this policy. Such conduct may risk our future
success. If you have any concerns or questions, discuss them with the Human Resources
Representative, your supervisor or any Utilities manager or Director. These concerns will
be treated confidentially (to the extent possible) and with high priority.
7. ETHICS, GIFTS AND CONFLICTS OF INTEREST
Utilities employees shall not use their official position for personal gain, engage in any
business or transaction or have a financial interest, direct or indirect, which is in conflict
with the proper performance of their official duties. Utilities employees must scrupulously
avoid anyactivities that suggest a conflict of interest between their private interests and
Utilities responsibilities.
Employees shall not accept, either directly or indirectly, any money, property, gift, gratuity,
reward, loan, fee, discount, or special consideration or special accommodation from any
vendor or potential vendor to the Utilities or the City of Elk River, or that arises from or is
offered because of their employment or any activity connected with their employment with
the Utilities.
8. EMPLOYMENT OF RELATIVES
It is generally the policy of the Utilities not to employ relatives or cohabitants of current
employees or Utilities Commissioners. The purpose of this policy is to prevent conflicts
of interest, the appearance of such conflicts, undue i
employment, and distraction from workplace productivity and safety. Occasional
exceptions may be made to this general policy for legitimate business reasons in the
discretion of the Utilities; provided, however, that in no event will relatives or cohabitants
of this policy includes parent, marital or non-marital domestic spouse, sibling, child and
step-child, grandparent, grandchild, parent-in-law, a person for whom the employee is a
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legal guardian, first cousin, sibling-in-law, son/daughter-in-law, niece/nephew, and
aunt/uncle.
9. WHISTLEBLOWERS
Pursuant to Minn. Stat. § 181.932, Elk River Municipal Utilities will not discharge,
discipline, threaten, or otherwise discriminate against, or penalize an employee regarding
because:
a.The employee, or a person acting on behalf of any employee, in good faith,
reports a violation or suspected violation of any federal or state law or rule
adopted pursuant to law to the Utilities or to any governmental body or law
enforcement official;
b.The employee is requested by a public body or office to participate in an
investigation, hearing, inquiry; or
c.
has an objective basis in fact to believe violates any State or Federal law or
rule regulation adopted pursuant to law and the employee informs the Utilities
that the order is being refused for that reason.
The Utilities will make reasonable efforts to preserve as confidential the identity of an
employee making a report under this policy to the extent feasible and consistent with
applicable law. Any Utilities manager or Director who receives a report under this policy
is required to communicate the matter to the Human Resources Representative
immediately.
Employees shall not make any statements or disclosures pursuant to this section knowing
that they are false or that they are in reckless disregard of the truth. This section does not
permit disclosures that would violate federal or state law or diminish or impair the right of
any person to the continued protection of confidentiality or communications provided by
common law.
10. WAGE INFORMATION
Employees working for the Utilities, or living, in Minnesota have the right, under Minn.
wages that have been voluntarily disclosed by that employee.In addition, regardless of
location, employees who are not managers or supervisors also have these rights.An
employee does not, however, have the right to disclose to a competitor of the Utilities or
to any other person any wage information regarding other employees of the Utilities that
he or she has learned in the course of performing job duties that involve access to
confidential and private information about employees.
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The Utilities shall not require an employee to agree to give up his or her wage disclosure
rights as a condition of employment, to sign any document that purports to deny an
employee his or her wage disclosure rights, or take any retaliatory or other adverse
employment action against an employee for exercising his or her wage disclosure rights.
A copy of Minn. Stat. §181.172 can be obtained from Human Resources.§181.172 permits
a civil cause of action for a violation of the statute and, in any such action, the court may,
if found appropriate, order job reinstatement, back pay, restoration of lost service credit,
and the expungement of adverse records.
11. WEAPONS PROHIBITED
Elk River Municipal Utilities prohibits all employees from carrying or possessing firearms
or other weapons while acting in the course and scope of their employment for the Utilities.
Carrying or possessing firearms or weapons in Utilities vehicles is also prohibited.
This policy extends to any situation in which employees are acting in the course and scope
of their employment including while utilizing personal vehicles or attending work-related
training. However, it is not a violation of this policy to lawfully carry a firearm in a
personal vehicle that is lawfully encased and secured. Employees may be disciplined for
violations of this policy up to and including termination of employment.
A narrow exception is made to this policy, which is applicable only in connection with
attendance at the
Both of these events are held at the MMUA Training Center in
Marshall, MN. An employee is not prohibited from carrying or possessing a firearm or
other appropriate weapon in a situation where, in connection with his or her Utilities
employment, the employee is using a Utilities vehicle while attending MMUA
Underground School or MMUA Overhead School ---
participation in the MMUA Underground School or MMUA Overhead Schoolincludes a
hunting or target-shooting activity, and provided that the employee is otherwise lawfully
permitted to carry and possess a firearm. This exception applies only for the duration of
12. EMPLOYEE SAFETY
Safety is of paramount importance to the Utilities. Allemployees and managers must
follow the regulations and laws of the State of Minnesota and rules of the Utilities
governing the safety of employees and the public. If employees have questions or concerns
about issues affecting safety, they should immediately discuss them with their supervisor,
any Utilities manager or Director, the Human Resources Representative, or the relevant
public safety authority.
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Employees are required to report accidents resulting in personal injuries and/or vehicle,
equipment, orproperty damage to their supervisor immediately.
Personal Injuries. Immediately report to your supervisor all accidents
and injuries occurring within the course of your employment. The
s
Report of Injury Form to the Human Resources Representative within
twenty-four (24) hours of receiving such report from you.
-Vehicle, equipment, or property damage accidents. Immediately report
to your supervisor all damage to Utilities property. The supervisor
Finance Manager 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 vehicleaccidents.
The Utilities will provide necessary safety equipment to employees. This may include:
One pair of safety glasses at the time of employment. The employee shall
provide the correct prescription for the safety glasses.
The Utilities will pay thecost of new safety lenses, upon a change in the
prescription. If needed, frames will be replaced as needed contingent upon
supervisor approval.
Safety glasses that are broken or damaged while the employee is on the job will
be replaced by the Utilities.
13. DRUG TESTING
Applicants and Utilities employees are subject to certain kinds of drug testing in
accordance with applicable law and Utilities policy. Separate policies are maintained for
CDL drivers and for other employees and are distributed at the start of employment and
available upon request from Human Resources and the Administrations Director.
14. EXPOSURE TO HAZARDOUS SUBSTANCES
Any employee routinely exposed to hazardous substances or harmful physical agents as
defined in the Minnesota Employee Right to Know Act (M INN.S TAT. § 182.675) shall be
trained before being assigned or reassigned work exposing the employee to such substances
or agentsand shall be given training annually thereafter. Training shall include an
explanation of how and where information about hazards is stored in the work place, how
the hazards are labeled, and where to obtain specific information. The supervisor (or other
designee) shall provide for such training and for compliance with the Minnesota Employee
Right to Know Act, including the establishment of specific policies to insure compliance
with the state law and regulations. An employee acting in good faith has the right to refuse
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to work under conditions which the employee reasonably believes present an imminent
danger of death or serious physical harm to the employee.
15. SOLICITATION AND DISTRIBUTION
The Utilities intends to establish and maintain a safe and productive business environment
and to prevent interference with the work of its employees. This policy prohibits
solicitation and the distribution of literature on Utilities property by non-employees. In
addition, this policy addresses the limited circumstances under which solicitation and the
distribution of literature on Utilities property by employees will be permitted, and it
addresses the wearing and display of items, posting material on Utilities bulletin boards,
and certain uses of the Utiliti
The term solicitationmeans any oral or electronic communication that encourages,
advocates, demands, or requests any position or action or contribution of money, time,
effort, personal involvement or membership in any organization or the sale or purchase of
any merchandise or service.
The term distributionmeans posting, handing out, or otherwise distributing any written
material in hard copy.
Non-employees of the Utilities are strictly prohibited from engaging on Utilities premises
in: i) trespassing; ii) the solicitation of any person; and iii) the distribution of any written
material. Any violation or attempted violation of this policy by a non-employee should be
reported immediately to the on-site supervisor.
Employees are prohibited from solicitation, for any purpose, during the working time of
any employee involved in making or receiving the solicitation.
Employees are prohibited from distribution of written material in any work area at all times.
Employees are also prohibited from distributing written material anywhere during the
working time of any employee actively engaged in the distribution.
This policy does not prohibit an employee from performing solicitation or distribution in a
non-work area on behalf of a third party that is not engaged in commercial, for-profit, or
political activity, provided the employee has received the advance approval of the on-site
supervisor to engage in such solicitation or distribution.
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Utilities Bulletin Boards.The Utilities in its discretion may permit employees to
distribute written material by posting on Utilities bulletin boards in accordance
with this policy, provided that any material for such posting must be reviewed and
approved in advance by a Utilities manager or Director, who may consult with the
Human Resources Representative before making a decision whether or not to
allow the posting.
Solicitation and Distribution on Utilities Computer and E-Mail Systems.
Employees and non-employees are prohibited from using Utilities computer
systems and other property and resources, including the Utilities e-mail system,
for solicitation or distribution, except in connection with a Utilities-sponsored
activity or, with advance approval of the on-site supervisor, on behalf of a third
party that is not engaged in commercial, for-profit, or political activity.
Any employee in violation of this policy will be subject to disciplinary action up to and
includingdischarge.
16. ELECTRONIC COMMUNICATIONS: INTERNET, E-MAIL, AND
SOCIAL MEDIA
This policy covers all types of electronic communications. All Utilities computers,
software, servers, computer systems, cell phones and telephone systems and other
electroni
Utilities business. While occasional use of these systems for personal, non-business useis
acceptable, employees must demonstrate a sense of responsibility and may not abuse such
privileges.
whether work-related or personal, is subject to monitoring and review by the Utilities at
any time, with or without notice or permission. Employees should have no expectation of
privacy in the use of these systems. The use of passwords on these systems does not mean
that messages stored on them are private or confidential, either from the Utilities or others.
Electronic Communications Systems, including e-mail, voice-mail, Internet and social
media, whether such usage or communications ar
remote location. This policy also covers electronic communications not done in, on, or
employee. Violations of this policy may result in discipline, up to and including
termination.
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transmitting, retrieving orstoring any communications of a discriminatory or harassing
nature, derogatory to an individual or group, obscene, or which are of a defamatory or
purpose which is illegal or against Utilities policy.
-mail or voice-mail messages, except pursuant to
direction from a Utilities manager or Director for the purposes specified above.
Employees may not use the e-mail or voice-mail systems in a way that causes congestion
systems.
In general, the Utilities encourages the use of e-mail and other available
electronic communications with residents, consultants, and others as a
means of providing services more effectively and efficiently. Internet
e-
Tact counts.
Humor might not work. Attempts at humor in electronic
communications are especially difficult to carry off successfully, so be
intent clear in written communications.
yourself or someone else, and refrain from emotional responses.
Do not communicate with residents, consultants or others using e-mail
without first obtaining their consent to email communication.
Employees at all times must use discretion in communicating sensitive
information and should select communications methods that will protect
the confidential and/or sensitive nature of such information.
attributable to the Utilities. Do not send electronic communications that
you would not send, or would not be authorized to send, over Utilities
letterhead.
other electronic forums except for approved Utilities business,
professional development, or business development purposes.
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not be used to access pornographic or obscene
material or other offensive or inappropriate content.
Internet access is provided primarily for you to retrieveinformation. Do
not use the ECS to postinformation, comments or statements, except
for prior-approved Utilities business, professional development or
Utilities business development purposes.
An Internet site may request information about you in order to build a
user profile or mailing list. Refuse any such requests when using the
enhancement of software. Do not make any purchases or access a web
site that charges a fee, except for approved Utilities business purposes.
Employees may not send electronic communications over the ECS that
attempt to hide the identity of the sender or that represent the sender as
someone else or someone from a different Utilities or a company.
Employees must respect all copyrights and intellectual property rights
etrieve, modify or forward
copyrighted, patented or trademarked materials except as permitted by
the owner or as a single copy for reference use only.
Internet and other ECS usage is not confidential. The Utilities receives
detailed monthly reports on Internet usage by individual employees and
The Utilities uses the Internet for a number ofkey Utilities functions.To
ensure sufficient bandwidth to perform these functions, the Utilities has
implemented a variety of bandwidth conservation measures. These
measures include blocking websites that have no instructional or
administrative value.Employees may not use Internet radio stations for
casual listening and/orbackground music.Employees may not download
music or video files from the Internet.
Employees who violate any of the guidelines may be subject to disciplinary
action including, but not limited to, written warnings, revocation of access
privileges and termination of employment.
17. SUPPLEMENTAL EMPLOYMENT
The Utilities does not restrict employees from engaging in outside employment. However,
the Utilities expects regular full-time employees to consider Utilities work their primary
employment. No Utilities employee may engage in outside employment that interferes
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with the performance of his/her duties with the Utilities, that represents a conflict of
interest, or tha
detrimental to the Utilities and his/her position, the employee may be asked to discontinue
the outside employment. If an employee is asked to discontinue outside employment and
fails to do so, he/she may be subject to discipline up to and including termination.
Employees are allowed to participate as a part-time paid firefighter in a Fire Department.
A non-exempt employee will be allowed to respond to fire calls as approved and
determined by his/her department supervisor, based on the work assignments and
responsibilities of the employee and department. Non-exempt employees responding to
fire calls during scheduled work hours will need to use vacation time for time away from
work, and exempt employees need to use vacation time ormake-up time for the same
scenario. An employee may not respond to fire calls while on-call for the Utilities.
18. REPORT OF PERSONNEL CHANGES
The Utilities attempts to maintain complete and accurate personnel information on its
employees. It is the responsibility of each employee to notify the office of the Utilities
when changes occur, including:
Name (through marriage or otherwise);
Address;
Beneficiaries for life insurance and retirement;
Telephone number;
Person to contact in case of emergency; or
Other changes which may affect benefits coverage.
19. ATTENDANCE
Regular attendance is an essential function of every job with the Utilities. Every Utilities
employee has an important role to play in maintaining a productive workplace. Therefore,
it is essential that all employees report to work as scheduled every day. 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, 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 must call his/her immediate
supervisor as soon as possible during the workday.
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20. DISCIPLINE, DISMISSAL & LAY OFF
.The Utilities retains the right to take disciplinary and other action as it
believes appropriate to manage employee performance and workplace conduct. The
nature andseverity of the issue and the circumstances as a whole.
Examples of discipline and other action that may be taken to manage performance and
workplace conduct include, but are not limited to:
Documented Coaching and Counseling
Oral reprimand
Written reprimand
Performance Improvement Plan
Suspension
Demotion
Termination.
Discipline and other action may be used in any order or combination in the discretion of
the Utilities. In some cases, one or more disciplinary actions will be taken before
termination; in other cases, termination will be immediate.
While the Utilities strives for consistency, the level of discipline taken in any given case
does not establish a controlling precedent for futurecircumstances.
.All new employees shall be on probation for a period of
one hundred eighty (180) days. Continued employment during this period shall rest
solely with the discretion of the Utilities Commission. After that period, the employee
shall attain regular status subject to the following:
Employees on regular status may be dismissed only for cause, which may
include, but is not limited to, the following: Conduct in violation of or
inconsistent with Utilities policy, including but not limited to any and all
policies set forth in this Handbook; conduct or language that is improper
or inappropriate in the discretion of the Utilities; insubordination; failure
to do the work assigned in a manner satisfactory to the Utilities;dishonesty
or stealing; and the sale, transfer of, or possession, or being under the
influence, of intoxicating beverages or controlled or mood altering
substances while on the job.
.The Utilities reserves the right and sole discretion to
eliminate positions and/or reduce the hours associated with a position for any legitimate
business reason, with or without cause.
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21. JOB POSTING
a prominent location to inform employees of the vacancy. Employees in good standing
that wish to be considered for the position are encouraged to contact the appropriate
decision-maker(s) indicated on the posting. The Utilities may also advertise the vacancy
to attract external candidates.
The Utilities retains all its managerial rights and has the sole discretion to decide which
candidate is best qualified to fill a vacant position, whether or not the candidate is a current
Utilities employee.
22. PERFORMANCE REVIEWS
performance review on an annual basis. Employee performance,however, may be coached
or reviewed formally or informally at any time.
Performance reviews are an opportunity for employees, management, and the Utilities to
emplo
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; and
Assist in determination of whether employees are meeting the
performance standards for their position.
The performance review will usually be documented in writing as well as delivered orally
to the employee in person. Completed performance review forms should be signed by the
employee and the supervisor or other Utilities manager, Director or other representative
delivering the review to the employee. These completed forms are generally maintained
The Utilities usesa Performance Metrics Incentive system to annually award performance-
based compensationto eligible employees (those currently employed who are in good
standing). An employee must remain employed by the Utilitiesat the time such award is
to be made in order to receive the incentive.
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WAGES AND HOURS
23.WORK HOURS, OVERTIME, AND COMPENSATORY TIME
For purposes of timekeeping and overtime calculations, the regular workweek at the
Utilities runs from Tuesday through Monday.
Non-exempt employees are paid on the basis of hours worked. Exempt employees are paid
on a salary basis; their compensation is not based on the number of hours they work.
Overtime & Overtime Compensation
Overtime is earned and compensated as follows.
All non-exempt employees earn overtime for all time worked in excess of forty (40) hours
during the workweek (Tuesday Monday). Regular field workers earn overtime for
regular work performed in excess of eight (8) hours in a day.
Earned overtime will be compensated a rate equivalent to one and one-half times the
pay.
Generally, overtime compensation is paid directly to the employee on their regular payroll
check for the period in which the overtime is earned.
Alternatively, for up to 40 hours of earned overtime per year, non-exempt employees may
elect to receive and accrue overtime
pay. Comp Time is accrued and paid at the same rate as other earned overtime, i.e., at one
and a half timesregular rateof pay; or two times the regular rate for time
worked on Sundays or designated holidays. Receipt and Use of Comp Time is explained
inmore detail below.
Note. Further, if a field workeruses sick or vacation time during the regular eight hour
day, this will not affect the earning of overtime for those hours worked in excess of the
regular work day. Also, when a field worker is mandated to start work prior to the normal
scheduled work day, the hours worked outside of the regular scheduled workday will be
paid at a rate of one and one-
regular rate for time worked on Sundays or designated holidays; orthe employee may elect
to accrue Comp Time for the earned overtime as described below.
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The eight hour and double time provisions above do not apply to travel and training time
spent away from the regular workplace,but the forty hour overtime pay provision does
apply in all cases where an employee is engaged in activity related to and/or required in
connection with his or her Utilities employment.
Exempt employees are salaried and do not earn or receive overtime or, in turn, Comp Time.
Compensatory Time
pay. Comp Time is accrued at the rate of one and one-half hours (or, two hours for overtime
earned for work on Sundays or designated holidays) for each hour of overtime earned.
Comp Time may be accrued and taken in lieu of direct overtime pay in accordance with
the following rules.
When an employee earns overtimethey may elect to accrue Comp Time in lieu
of direct pay for the overtime.
Accrual of Comp Time is subject to a cap of 40 hours per calendar year. Once
an employee has accrued 40 hours of Comp Time in a calendar year, no further
Comp Time may accrue in that calendar year, even if the employee has used
some or all of the 40 hours previously accrued. Once the 40 hour cap is reached,
all further earned overtime will be paid directly on the paycheck for the period in
which it is earned.
When an employee elects Comp Time they will not receive any pay for the hour
of overtime worked on their paycheck for the period in which the overtime is
earned. Instead, the employee will accrue one and a half hours (or, two hours for
overtime earned for work on Sundays or designated holidays) of Comp Time to
Under no circumstances will Comp Time ever be forfeited. Accrued Comp Time
that has not been used by December 15 will be paid out in full on the last payroll
check of the calendar year. Under no circumstances will Comp Time carry over
to a following calendar year.
In order to elect to accrue Comp Time in lieu of receiving direct overtime pay in
the current payroll period, an employ
accrue as Comp Time in lieu of direct overtime pay.
In order to use Comp Time, employees are to follow the same procedures as
apply to other paid time off and leave requests, including making specific
arrangements with their supervisor. Use of Comp Time is subject at all times to
the operating needs of the Utilities.
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If at the time an employee separates from employment with the Utilities they
have accrued unused Comp Time, all such Comp Time will be paid out at the
hourly pay rate the employee is earning at the time of separation.
24. EMPLOYEE CLASSIFICATIONS
The following definitions are provided to assist employees in understanding their
employment classification and benefits eligibility. Although employees generally will be
classified as one of the following, they should be aware that their classification may change
at any time as the Utilities considers appropriate.
All employees are designated as either non-exempt or exempt from federal and state wage
and hour laws. Non-exempt employees are covered by specific provisions of the wage and
hour laws, including overtime pay. Exempt employees are excluded from specific
provisions of the wage and hour laws, including the overtime provisions. Generally,
exempt employees are engaged in managerial, professional, administrative, or executive
positions and are paid on a salaried basis.
It is our policy to fully comply with federal and state wage and hour laws. In keeping with
this commitment, we will pay exempt employees their full salary (or salary plus vacation
to equal the amount of the full salary) for any workweek in which they perform work,
regardless of the number ofdays or hours worked, subject only to deductions that are
permitted by law. Full day deductions from pay that are permitted by law include, for
example, deductions for personal time off, sick days before or after eligibility for paid sick
leave, or for infractions of written workplace conduct rules including but not limited to any
rule or policy set forth in this Handbook. Full or partial day deductions may be made from
the salaries of exempt employees for infractions of safety rules of major significance and
in certain other limited circumstances.
Employees are classified according to the following definitions:
.A regular full-time employee typically works 40
or more hours per week, and is not classified as a temporary worker.
.A regular part-time employee typically works
fewer than 40 hours per week, and is not classified as a temporary worker.
.An employee whose regular assigned position involves
facilities.
.An employee whose duties result in exclusion of the
e under the minimum wage and/or overtime
provisions of the wage and hour laws.
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.An employee whose duties result in coverage of the
and hour laws.
.Any employee of the Utilities, or other individual identified by
the Commission, who is a Utilities supervisor, superintendent, manager, director,
representative or other individual who is generally identified to employees by
Utilities policy, practice or communication as having managerial, supervisory, or
administrative authority to act on behalf of the Utilities, regardless of whether such
organizational structure.
.A temporary worker typically is hired for a specific period
of time. Generally, temporary workers are hired as interim replacements, to
supplement the work force, and/or to assist with specific projects. Temporary
workers often will be informed of an estimated duration of their assignment,
although either the worker or the Utilities may end the work relationship at any
time. Temporary work that continues beyond an estimated duration in no way
tatus. Temporary workers retain their temporary
status unless and until they are specifically notified by the Utilities of a change.
25. TIME REPORTING POLICY
The goal of the time reporting system is the accurate and timely reporting of time worked
(by job or account) and time off (by category). This is essential for (1) guaranteeing that
employees are paid correctly and that their leave accumulations are accurate, (2)
monitoring actual performance against budgetary goals, and (3) ensuring labor costs are
properly reported.
Each employee is responsible for the accurate submission of his or her own personal time
with this time reporting policy.
Non-exempt employees are required to record and submit the following on their timecard:
Amount of Time Worked in increments of the nearest one-quarter hour;
Description of the activities performed during the time worked;
Identification of the account to be charged (accounting system designation); and
The work order(s) to which the time applies (as appropriate).
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The purpose of the description of activities during the time worked is to document for
employee performance and client acc
was spent. Work orders are utilized for specific projects to track time and labor for billing
purposes, or capitalization projects.
Non-exempt employees are required to fill out their timecards daily. It is preferred that
employees fill out their timecards at the end of each completed work day, but timecards
may be completed within the first hour of arriving at work on the subsequent work day.
This is not intended to conflict with payroll deadlines for paperwork.
Timecards maybe checked periodically throughout the pay period for completeness and
accuracy. It is understood that timecards must be available for, and are subject to
Field workersgenerally will receive one fifteen minutepaid break in the morning and one
in the afternoon; and will receive a 30 minute unpaid lunch break during each shift.
Office employees receive a 60 minute break for lunch, 30 minutes of which is paid in lieu
of having two fifteen minute breaks, morning and afternoon. The other 30 minutes of the
for important information aboutpay practices
affecting unpaid lunch breaks.
Non-exempt employees are responsible for, and must take steps to ensure, the accuracy
and completeness of time reporting data collected. This is critically important because
the Utilities relies on such submissions in carrying out its duty to properly pay wages and
other forms of compensation. Furthermore, knowingly submitting or approving inaccurate
time reporting data is a violation of policy and may subject the person to disciplinary action.
PLEASE NOTE:By submitting time reporting data a non-exempt employee is attesting to
the accuracy of the time data reflected on the timecard and/or in the report.
PLEASE NOTE FURTHER:Because of the regularity of our break and work schedules,
the Utilities automatically deductsscheduled unpaid lunch breaks. If an employee does
not receive the 30 minute unpaid lunch break on any given shift, the Utilities will pay you
for that 30 minutes. We can do so, however, only if you notify us that you did not get your
break. It is your responsibility to provide this notice to your supervisor. A pattern of not
taking unpaid lunch breaks may subject an employee to discipline; but it will never result
in the Utilities failing or refusing to pay for such time.
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Each non-exempt employee must accurately record and properly report all time spent
performing work for the Utilities, regardless of the location where such work is performed.
Employees generally should not perform work at times or places outside of the times and
places they are scheduled to work by the Utilities. If a need for work outside of scheduled
times or places is, or should be, anticipated, the employee should seek permission to
perform such work from Utilities management in advance, and if permission is not secured
in advance such work should generally not be performed. Performing work outside of
scheduled and approved times and places may result in discipline; it shall not under any
circumstances, however, result in an employee not being paid for time spent performing
Utilities work. In the case of a non-exempt employee who is on call, the on call stipend
paid to the employee covers all compensation due for calls taken as to which there is no
call out.
If unanticipated, time-sensitive, or urgent work needs to be performed at times and/or
places outside of those scheduled by the Utilities, the non-exempt employee should
perform only so much of the work as is necessary to address the immediate need.
Regardless of whether work is anticipated or of an urgent nature, and regardless of whether
advance permission has been received to do such work or not, all time spent by a non-
exempt employee actually performing Utilities work must be accurately recorded and
properly reported to Utilities management.
Further to the Special Note above:
Working Remotely
Non-exempt employees who wish to work remotely (other than field employees whose
data without first obtaining such permission.
Any and all time worked remotely, including time spent accessing Utilities systems or data
for the benefit of the employer, must be recorded and reported to the Utilities in order to
assure proper compensation, in accordance with this Time Reporting Policy and the Fair
Pay Policy below in Section 26.
26. FAIR PAY POLICY
is committed to fair compensation for its employees as explained in this Fair
Pay Policy. Specifically, it is the policy and practice of the Employerto accurately
compensate employees and to do so in compliance with all applicable state and federal
laws. The Utilitieswill never knowingly fail or refuse to pay an employee the full amount
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of compensation to which he or she is entitled by law for work performed on behalf of the
Utilities.
ALL EMPLOYEES
Protection of Employee Rights
The Employer will protect the right of each employee to receive compensation according
to the law. Violations of this Fair Pay Policy, whether by a managerial or non-managerial
employee, may result in disciplinary action, if appropriate under the circumstances, up to
and including termination of employment.
The Employer will not tolerate or allow any form of retaliation against individuals who
report alleged or suspected
investigation of such reports. Retaliation is unacceptable, and any form of retaliation in
violation of this policy will result in disciplinary action, up to and including termination.
Record Your Time And Review Your Pay Stub
To ensure that you are paid properly for all time worked and that no improper deductions
are made, you must record correctly all work time and review your paychecks promptly to
identify and to report all errors.
The Employer makes every effort to ensure that its employees are paid correctly.
Occasionally, however, inadvertent mistakes can happen. When mistakes happen, the
Employer will promptly make any corrections necessary to provide you with the pay to
which you were entitled and as otherwise required by law. To assist the Employer in its
efforts, please review your pay stub when you receive it to make sure it is correct. If you
believe a mistake has occurred or if you have any questions, please use the following
procedure.
How to Raise a Question or Concern about your Pay or a Payroll Deduction
If you have questions about your pay or any deduction from your pay, please immediately
contact your supervisor/manager. If you believe your paycheck has been subjected to an
improper deduction or that the pay you have received does not accurately reflectthe
compensation you are entitled to for your work, you should immediately report the matter
to your supervisor/manager, the Finance Manager, or the Payroll Specialist.
The Employer will fully investigate every such report, including by reviewing appropriate
time and payroll records and interviewing persons responsible for payroll and/or payroll
deductions. If you have been paid incorrectly or if the Employer determines that a
deduction was improperly made, the Employer will reimburse you as promptly aspossible,
which will be no later than two pay periods from the time you report the suspected problem.
The individual(s) responsible for the error will be investigated further to determine if the
error was an isolated incident or whether instead it may bepart of a pattern of conduct that
requires further action on the part of the Employer.
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Regular Attendance is an Essential Job Function and Your Attendance Record is a
Performance Issue
Regular attendance is an essential function of jobs with the Employer. The failure of any
employee, whether exempt or non-
standards, may result in disciplinary action up to and including termination of employment.
For these and other reasons, it is important for employees to accurately record the time they
work for the Employer.
NON-EXEMPT EMPLOYEES
If you are classified as a non-exempt employee, the Employer relies on your use of the
timekeeping software to maintain an accurate record of the total hours you work each day.
The timekeeping software is designed to reflect all regular and overtime hours worked, any
absences, late arrivals, early departures and meal breaks. If any error or inaccuracy occurs
in connection with your use of the timekeeping software it is your responsibility to notify
your supervisor/manager to correct the error or inaccuracy. When you receive each pay
check, please verify immediately that you were paid correctly for all regular and overtime
hours worked during each work week.
You should not work any hours that are not scheduled or requested of you by the Employer
unless you are authorized to do so by your supervisor. Do not start work early, finish work
late,work during a meal break or perform any other extra or overtime work unless you are
authorized to do so and you record such time on your time card. Non-exempt employees
-the--the-rk
means work you perform but fail to report on your time card. Any employee who fails to
report or inaccurately reports hours worked will be subject to disciplinary action, up to and
including termination.
any employee to falsify a time card, or to alter
employee or manager to instruct another employee to incorrectly or falsely report hours
worked or alter another emplo-report or over-report hours worked.
If any manager or employee instructs you to either (1) incorrectly or falsely under-report
or over-
inaccurately or false
immediately to the Payroll Specialist, the Finance Manager, or your supervisor/manager.
On Call Time For Non-Exempt Employees
Non-exempt employees in certain positions may be scheduled to be on call for duty of
various kinds. Compensation for time spent on call by non-exempt employees is generally
subject to applicable state and federal law and to the terms of any governing union contract.
Similarly, compensation for time spent actually working is paid according to applicable
state and federal law and to the terms of any governing union contract.
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EXEMPT EMPLOYEES
Salary Basis of Compensation
If you are classified as an exempt employee, you will receive a salary that is intended to
compensate you for all hours worked for the Employer. This salary will be established at
the time of hire or when you become classified as an exempt employee. While your salary
may be subject to review and modification from time to time, such as during salary review
times, the salary will be a predetermined amount that will not be subject to deductions for
variations in the quantity or quality of the work you perform.
Attendance and Recording Time for Exempt Employees
Although exempt employees are paid on a salary basis and not by the hour, all exempt
employees are nevertheless required to record all time spent working for the Employer.
This is important for a variety of reasons, but it is not for the purpose of paying an exempt
employee other than on a salary basis.
For payroll purposes, the regular workweek for exempt employees of the Employer is
defined as the week running from Tuesday morning at 12:00 a.m. to the following Monday
eveningat 11:59 p.m.
The regular business workday for exempt employees is generallyfrom 7:00 a.m. to 3:30
p.m. or 8:00 a.m. to 4:30 p.m., unless a manager, Director,or supervisor has specified other
expectations or arrangements. The Employer generally expects that an exempt employee
will work forty or more hours in each workweek. Exempt employees are required to meet
On Call Time For Exempt Employees
Exempt employees who are assigned on-call duty or pager duty do not receive additional
pay for that duty. The Employer may, from time to time in its discretion, choose to assign
certain credit or rewards to exempt employees for performing such duty.
The Employer does not permit any payroll deduction unless it is approved by the Finance
Manager
and in compliance with applicable law. No manager or other employee of the Employer
has the authority to order any deductions from an exempt empl
approval of the General Manager.
Federal and state law limit the deductions that may be made from the salary of an exempt
employee. The Employer intends to fully and strictly comply with these limitations. Please
note that these limitations concern the amount of gross salary received on the paycheck;
Further explanation of how this works follows below.
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Important Definitions.
Adeduction from salaryis a deduction that results in a lower
Adeduction from a leave bankdoes not result in a lower
account; or, in
and unused vacation or sick leave.
Permissible Deductions from Salary.
Absent contrary state law requirements or a specific employment contract executed
by a duly authorized representative of the Employer, the salary of an exempt
employee may be reduced for any of the following reasons:
Full day absences for personal reasons.
Full day absences for sickness or disability (which absence may otherwise
be paid through any sick time benefits available to the salaried employee, if
any).
policies and procedures.
Full day disciplinary suspensions for violations of workplace safety rules of
major significance.
To offset amounts received as payment for jury and witness fees or military
pay.
The first or last week of employment in the event the employee works less
than a full week.
The salary of an exempt employee may also be reduced for certain types of
deductions such as the employee
premiums; state, federal or local taxes, social security; or, voluntary contributions
to a Section 457 retirement plan.
Impermissible Deductions from Salary.
In any work week in which an exempt employee performs any work, the exempt
be reduced for these reasons,in some circumstances:
Partial day absences for personal reasons, sickness or disability.
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Absence because the facility is closed on a scheduled work day.
Absences for jury duty, attendance as a witness, or military leave in any
week in which you have performed any work.
Any other deductions prohibited by state or federal law.
vacation or sick balance for full orpartialday absences for personal reasons,
sickness or disability. Deduction for the use of such leave time will not be made
salaryleave bank.
Questions or Concerns about This Fair Pay Policy
If youhave questions or concerns about this Fair Pay Policy, please contact your
supervisor/manager, any Director,or Human Resources.
27. CALL OUT TIME: REGULAR FIELD WORKERS
Regular field workers who are asked to report for work outside their regular working hours
shall be paid a minimum of two (2) hours each time they report for work.
Scheduled work contiguous to normal working hours shall not be subject to this two (2)
hour minimum reporting pay obligation. However, if a regular field worker reportsfor
work before or remains after the regular eight (8) hour work day, or works on a Saturday,
Sunday or Holiday, he/she will be paid at the applicable overtime rate for each hour worked
over eight in a day, or on a Sunday or Holiday, as applicable. Such reporting and overtime
pay is not applicable to situations involving travel or training time away from the regular
hours, in which case the 40 hour overtime provision willapply.
Work performed for which an employee does not report to a particular work site, such as
work that can be performed on a laptop computer from a non-work site, shall not be subject
to this two hour minimum reporting pay obligation.
This policy does not apply to employees other than regular field workers.
28. ON-CALL
Required On-Call Rotation for Regular Field Workers.
Regular field workers (including linepersons, water operators,
and other specifically trained field workers) are subject to a
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residency rule. These same workers are also subject to required
participation in a scheduled on-call rotation. Apprentices may
be excluded from the on-call rotation for up to one year from
their date of hire, per management discretion. The on-call
rotation is scheduled in one (1) week blocks.
Residency Rule.The residency rule applies to the regular field
workers who may berequired to serve on-call. The residency
rule is that these employees must live within a twenty (20) mile
radius of the power plant.
Response Time.The following guidelines on response time
apply to regular field workers in the on-call rotation schedule on
a 24-hours-a-day, seven-days-a-
scheduled on-call weeks.
While on-call, workers must remain within the 20 mile
residency radius.
While on-call, workers are expected to make immediate
telephone contact in response to a call.
While on-call, workers are expected to urgently report to
a site of need within a reasonable time, which will vary
depending on the identified reason for the call.
Depending on the need an on-call worker may find it
necessary to call in a field partner to assist in providing
appropriate and timely call response.
Take Home Vehicles.Regular field workers who are part of the
scheduled on-call rotation will be provided a company vehicle
to take home for the exclusive purpose of responding to calls
about Utilities business during the on-call block.
Compensation for On-Call Time.Time spent on-call by regular
field workers is not working time. In recognition of this on-call
service, however, nominal compensation is paid.
WeeklyCompensation for Workers in an On-Call
Rotation. For workers in a regular on-call rotation,
compensation of fourteen(14
rate of pay is paid, which covers an entire one (1) week block
of on-call service. This compensation covers all time spent
on call during the on call week,including phone or other
remote triage work as to which there is no call out.
Pro Rata Compensation for Workers Performing Back-Up
On-Call Service. Workers not in a regular on-call rotation
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may be designated and required to serve on-call on a back-
upbasis. Such workers who serve on-call for less than a full
week at a time will be compensated for their on-call service
on a pro rata basis for each day of on-call service, at the daily
rate of 1/7 of 14
Workersnot in a regular on-call rotation who serve on call,
upon designation, for a full week will receive compensation
on the same basis as do workers who are in an on-call
rotation.
When a recognized paid holiday falls within the on-call block
covered by the worker (whether a week or portion thereof), eight
(8) vacationtime hours will be awarded as additional on-call
compensation.
Compensation for Actual Response Time.Time spent actually
responding to a call that is received while a worker is serving
on-call, however, is working time, and is therefore paid based
Call out time.When an employee is on-
on call out time pay still applies, in accordance with the terms of
that policy.
.Certain employees other than regular
field workers, namely, theOperations Director, ElectricSuperintendent
and the Water Superintendent, are subject to call response requirements
for emergency preparedness and/or customer service purposes. The
Operations Director, ElectricSuperintendent and the Water
Superintendent are not subject to the residency rule that applies to
regular field service workers.
Superintendents.
Electric Superintendent. The Electric Superintendent is
required to be available to triage or respond on an as-needed
basis to emergency calls 24 hours a day, seven days a week
without rotation. Such on-call time and availability is not
working time. The Electric Superintendent is not required
to remain within the residency radius and does not receive
additional compensation for on-call time or for actual
response time. The call out time policy does not apply to the
Electric Superintendent. The Electric Superintendent shall
arrange for another qualified Utilities employee to be on call:
1) during his or her scheduled vacation periods; 2) when it is
necessary for the Electric Superintendent to use accrued sick
leave.
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Water Superintendent. The Water Superintendent is
required to be available to triage or respond on an as-needed
basis to emergency calls 24 hours a day, seven days a week
without rotation. Such on-call time and availability is not
working time. The Water Superintendent is not required to
remain within the residency radius and does not receive
additional compensation for on-call time or for actual
response time. The call out time policy does not apply to the
Water Superintendent. The Water Superintendent shall
arrange for another qualified Utilities employee to be on call:
1) during his or her scheduled vacation periods; 2) when it is
necessary for the Water Superintendent to use accrued sick
leave.
Operations Director. The Operations Director is required to
be available to triage or respond on an as-needed basis to
emergency calls 24 hours a day, seven days a week without
rotation. Such on-call time and availability is not working
time. The Operations Director is not required to remain
within the residency radius and does not receive additional
compensation for on-call time or for actual response time.
The call out time policy does not apply to the Operations
Director. The Operations Director shall arrange for another
qualified Utilities employee to be on call: 1) during his or
her scheduled vacation periods; 2) when it is necessary for
the Operations Director to use accrued sick leave.
Take Home Vehicles.Based on the expectation that they will
regularly be available to respond in a timely and appropriate
manner to calls about Utilities business outside of regular
business hours, the Operations Director, the Electric
Superintendent and the Water Superintendent, are provided
Utilities vehicles to take home. These vehicles are subject to the
only be used for the exclusive purpose of responding to calls
about Utilities business.
29. ELECTRIC RE-CONNECT TIME
Regular field workers performing electric re-connects at times other than during their
scheduled work hours will be paid in accordance with the general policy on Call Out Time
for Regular Field Workers.
30. STORM PAY
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Employees assigned to work at another utilities distribution system to assist with
restoration following a storm, will receive time and one-half (1.5) times their regular rate
of pay for all such hours worked, except hours worked on Sunday or an Elk River
Municipal Utilities recognized Holiday, which shall be paid at two (2.0) times the
these assignments equally with priority on maintaining proper staffing levels at Elk River
Municipal Utilities.
31. LEAD PAY DIFFERENTIAL
An employee who is currently a lineman shall assume the duties of a lead lineman when
the lead lineman is absent from a crew, provided thatonly the most senior lineman on a
The lineman assuming such duties shall
receive a rate differential equal to 3% of the applicable rate of pay times the number of
hours worked during which the lineman assumed such lead duties.
The rate differential provided in this policy applies duringboth regular scheduled work
hours and after hours. During after-hours call out, as well as at any other time, this rate
differential will be paid only when the crew is full and the lead lineman is absent.
32. PAYCHECK DEDUCTIONS
By law, the Utilities is required to withhold federal and state taxes, FICA and PERA from
other deductions may be made upon authorization of a participating employee including
the following:
a. Employee share of health insuranceg. World Vision
b. Credit Unionh. United Way
c. PERA life insurance
d.457 contributions
e. Flexible benefits
f. Computer Loans up to $1,200.00 (12 month term)
33. PAYCHECKS
Employees are paid every two weeks. The pay period begins every other Tuesday at 12:00
a.m. and ends every other following Monday at 11:59 p.m. Payday is the Friday
immediately following the end of the pay period.
Employees are responsible for their paychecks upon receipt. Direct deposit is preferred
but a check is available to employees upon request.
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34. NIGHTWORK REST TIME
The Utilities will provide a regular field worker with one hour paid rest time for each hour
worked between 10:00 p.m. and 6:00 a.m., excluding work performed during such window
on Saturday or Sunday. The worker must make arrangements with his or her supervisor
before taking such rest time. This nightwork rest time shall be taken during the next
scheduled work shift. If thesupervisor does not release the worker to take this nightwork
rest time, all hours worked by the worker on the next scheduled shift shall be paid at one
notify the supervisor and obtain approval prior to taking the rest time. It is also the
ure of
such rest time. Nightwork rest time does not apply and is not paid in connection with travel
or training time away from the regular workplace.
35. TRAVEL AND TRAINING TIME
Employees are paid for time spent in training related to their positionwith the Utilities,
which must be approved in advance by the supervisor.
Employees will be paid for their time spent traveling in the following circumstances.
1.When a non-exempt employee is engaged in travel which keeps the
employee away from home overnight andwhich cuts across a regular
workday;
2.When a non-exempt employee travels to a special one-day work
assignment in another city that does not require an overnight stay;
3.When a non-exempt employee spends time traveling as part of the
4.When a non-exempt employee spends time traveling between home and
5.When a non-exempt employee performs work during travel.
Overtime (at one and a half times the regular rate of pay) will be paid in connection with
training
wage and hour policy do not apply to days involving work-related travel or training.
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BENEFITS
36. GENERAL BENEFITS
This handbook provides a brief description of benefits available to eligible employees. The
descriptions provided here are not intended to be comprehensive and all questions
regarding eligibility and benefit levels should be directed to your supervisor so the specific
plan documents can be reviewed for an answer. The plan documents govern any
inconsistencies between these documents and the information provided here. Benefits and
eligibility requirements are subjectto change, and such changes may not be reflected in
this description.Further, to be clear, nothing in the Benefits sections or elsewhere in this
Handbook creates a contract with specific terms between the Utilities and any employee.
The Utilities expects to offer its benefit plans for the foreseeable future, but it reserves the
right, in its sole discretion, to change, modify or eliminate them at any time, except to the
extent prohibited by law.
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37. VACATION
All regular full-time employees shall accrue vacation according to the following schedule:
Years of Service to Accrual Rate Accrued Per
Utilities Since Most Per YearPay Period
Recent Date of Hire
03 years10 days3.08 hours per
pay period
4 years 12 days3.69 hours per
pay period
5 years13 days4.0 hours per
pay period
6-9 years15 days4.62 hours per
pay period
10 years16 days4.92 hours per
pay period
11 years17 days5.23 hours per
pay period
12 years18 days5.54 hours per
pay period
13 years19 days5.85 hours per
pay period
14-15 years20 days6.15 hours per
pay period
16-18 years22 days6.76 hours per
pay period
19 + years25 days7.69 hours per
pay period
Vacation days accrue each pay period as shown in the table above. Paid vacation may be
w accrual
rate would start July 1, 2019.
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If an employee is on leave and using vacation on a basis of less than the regular eight hour
day, and so not receiving full vacation pay for each day, the accrual is calculated on a pro
rata basis.
Regular part-time employees accrue paid vacation under this schedule on a pro rata basis.
Temporary and seasonal employees are not eligible for paid vacation.
Employees must request time off for vacation as far in advance as feasible. When possible,
employees willbe granted vacation time of their choice. However scheduling of vacation
time is subject to the operating needs of the Utilities.
Unused vacation days may be carried over from year-to-year, but only to a limited extent,
as follows. Unused vacation carryover will be limited to the number of hours accrued
during the previous year. Accrued vacation days beyond the carryover limit are lost. For
example, if an employee with 2 years of service has accrued but not used 15 vacation days
by the end of the payperiod containing his or her anniversary date, he or she will only be
permitted to carryover 10 days to the next year.
employment with the Utilities or for retaining a full-time equivalency percentage that is
Employees who voluntarily end their employment and who give the Utilities proper
(generally at least two-weeks) notice shall be paid out for the amount of earned but unused
vacation time in their account as of the date of separation, provided they sign and do not
rescind an agreement releasing claims arising out of their employment, in a form prescribed
by the Utilities. Employees involuntarily terminated by the Utilities for any reason other
than lack of work shall not be paid out any unused vacation time.
Employees who retire immediately eligible to claim their pension and who give the Utilities
proper notice (generally at least two-weeks) shall have 100% of unused vacation time
converted into cash and deposited into their Post Employment Health Care Savings
account, but only on the condition thatthey sign and do not rescind an agreement releasing
claims arising out of their employment, in a form prescribed by the Utilities.
The Operations Director, Electric Superintendentand WaterSuperintendentaccrue paid
vacation at the rate set forth above and are generally subject to this Vacation policy; but
they each shall also receive an additional 40 hours of paid vacation per year, the balance
of which will be paid out at their respective then-current base rates of pay if not used by
the end of the year. No such balance may be carried over from year to year.
38. PURCHASED VACATION TIME (PVT)
Upon starting employment and duringeachannual open enrollment period, an employee
may purchase up to 40 hours of additional paid vacation time. If an employee decides to
purchase vacation time, the employee pays for the hours on a pre-tax basis. The cost of
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thepurchased vacation time will be deducted equally from each paycheck over the course
of the year and paid out at the rate in effect upon payout.
Vacation is purchased in one-hour increments with a minimum purchase of eight hours
and a maximum purchase of 40 hours. Per IRS regulations, the purchased vacation
exhausted.
Purchased vacation hours must be used in the calendar year in which they are purchased.
Any purchased vacation hours that have not been used before the second to last pay
period end date of the calendar year will automatically be paid out in the last pay check
of the calendar year in which the vacation time was purchased,at the rate in effect at the
time of payout and subject to withholding at the supplemental tax rate. Therefore,
purchased vacation time will not be available for use in any year after mid-December.
Uponseparation from employment,if purchased vacation time used exceeds the cost of
such purchase that has been deducted up to that time, the employee must pay the
difference back to ERMU. However, if the employee has remaining purchased vacation
time that has not been used, it will be paid out to the employeeupon separation.
New employees are allowed to buy purchased vacation time based on their benefit
eligibility date, as listed in the chart below.
Benefit Eligibility DateMaximum PVT Hours Eligible for
Purchase
January March40 Hours
April May32 Hours
June July24 Hours
AugustSeptember16 Hours
October November8 Hours
December0 Hours
39. PAID SICK LEAVE
Regular full-time employees accrue sick leave at the rate of 3.69 hours per pay period
(approximately 8 hours per month). If an employee is on leave and using sick leave less
than the regular 8 hour day, and so not receiving full pay, the accrual is calculated on a pro
rata basis. Regular part-time employees accrue sick leave pro rata based on the full-time
accrual rate. Temporary and seasonal employees are not eligible for sick leave.
Sick leave may be used for illness and for visits to a health care provider (including any
visit that would qualify for reimbursement under IRS Flexible Health Care Spending
Accounts guidelines, which include, for example, medical doctors, dentists and
optometrists). Sick leave may be used to cover illness or visits of theemployee or the
policy an individual must have same residence address as the employee and must receive
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substantially all of his or her financial support from the employee. Sick leave may also be
a health care provider may be requested by the Utilities in its sole discretion. Misuse of
paid sick leave may result in disciplinary action.
relatives for the purpose of providing or receiving assistance due to sexual assault,
domestic abuse or stalking. See also Minnesota Sick Family Member or Safety Leave,
Section No. 53, below.
with the Utilities or for retaining a full-time equivalency percentage that is not based on an
ng time.
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.
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.
required if an employee is absent more than four (4) days or if abuse of sick leave is
Human Resources Representative. In some circumstances, an employee may be requested
to submit to a medical examination by an appropriate health care provider to confirm
whether the employee is fit for duty. In such a circumstance, the Utilities may select the
health care provider to conduct the examination.
Unused sick leave will not be paid out in wages upon termination of employment, but in
some circumstances is subject to limited conversion under the Health Care Savings Plan
policy found elsewhere in this Handbook.
40. PAID HOLIDAYS
Regular full-time employees will be paid for eight (8) hours at their basewage rate for each
of the following holidays:
New Years DayVeterans Day
Martin Luther King DayThanksgiving Day
Presidents DayFriday following Thanksgiving Day
Memorial DayChristmas Eve Day
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Independence DayChristmas Day
Labor Day
Eligible 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.
If the holiday falls on a Saturday, the preceding Friday will be observed. If the holiday
falls on a Sunday, the following Monday will be observed as a holiday. Employees will
not receive holiday pay for any holiday that falls during any leave of absence.
41. EMPLOYEE CLOTHING
It is required that employees wear clothing items specified by the Utilities for their position
and activity during working time.
For regular field workers potentially exposed to electric hazards, the Utilities will provide
an initial issue of five fire retardant long sleeved shirts, five fire retardant pants, and five
fire retardant tee shirts per outside employee exposed to electric hazards. A second set of
five fire retardant long sleeved shirts, five fire retardant pants, and five fire retardant tee
shirts will be issued after the probationary period. As an alternative option, one fire
retardant hooded fleece may be substituted for two fire retardant long-sleeved shirts and/or
one sweatshirt may be substituted for two long-sleeved shirts. Field Supervisors may
substitute logoed fireretardant dress shirts for fire retardant uniform shirts. Provided
rubber overshoes, insulated winter boots, and coveralls (used for maintenance on trucks).
The Utilities will issue a check to the supplier for the covered items. For Commissioners
and employees other than regular field workers, the Utilities will provide a $75 annual
allowance for Utilities logo clothing.
On an annual basis, the Utilities will replace worn out items that have been provided by
the Utilities. Worn out items should be turned in to the Utilities. The Utilities will also
lined and unlined bib overalls, fire retardant lined parka and hood, fire retardant lined
bomber jacket, and hats with the appropriate emblems and identification.
Upon the end of employment with the Utilities, an employee must return all Utilities-
logoed clothing items that were issued to him or her that were paid for by the Utilities..
42. HEALTH CARE SAVINGS PLAN
sota Post Employment Health Care Savings
Plan (HCSP) established under Minn. Stat. § 352.98 and as outlined in the Minnesota State
All funds collected by the employer on
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behalf of the employee will be deposite
Care Savings Plan account.General participation rules are outlined below, for a complete
1.Employees are required to contribute to the Post Employment Health Care
Savings Plan.These funds will be deposited after each pay period.The
contribution shall be based on the following structure:
There will be four groups, concurrent with the pay plan.The four groups are
Office, Field Workers,Line Workers, and Management. All groups shall
participate in contributions as follows:
a.Employees with fewer than 10 years of service are required to contribute
1% of their gross wages.
b.Employees with fewer than 20 years of service and at least 10 years of
service are required to contribute 2% of their gross wages.
c.Employees with at least 20 years of service are required to contribute
3% of their gross wages.
2.Employees who have accrued over 960 hours of sick time will have 50% of
those hours converted tocash and deposited in their Post Employment Health
Care Savings account. The conversion will take place once a year at the end
of December.
3.Employees who voluntarily end their employment and who give the Utilities
proper (generally at least two-weeks) notice, and employees whose
employment ends involuntarily because of lack of work,will have 50% of
unused sick leave, up to a maximum of 120 days, converted into cash and
deposited into their Post Employment Health Care Savings account provided
they sign and do not rescind an agreement releasing claims arising out of their
employment, in a form prescribed by the Utilities. Employees involuntarily
terminated by the Utilities for any reason other than lack of work shall not be
eligible to receive such conversion. No contributions will be accepted by the
Plan on behalf of an employee after the death of the employee.
4.Employees who retire immediately eligible to claim their pensionand who
give the Utilities proper notice (generally at least two-weeks) shall have
100% of unused vacation time converted into cash and deposited into their
Post Employment Health Care Savings account, but only on the condition
thatthey sign and do not rescind an agreement releasing claims arising out of
their employment, in a form prescribed by the Utilities.
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43. 457 DEFERRED COMPENSATION
The Utilities will match funds contributed by employees, up to a maximum contribution of
$2,500.00. These plans are administered by the Minnesota State Deferred Compensation
Employees in the Management Pay Group are eligible for an additional employer matching
(dollar for dollar) contribution up to 2.5% of the
on the individual providing the Utilities with authorization for the necessary payroll
deductionand subject to applicable legal limits to such contributions.
All Utilities employees are subject to Minnesota law capping public employee salaries
to the calculation of salaries under that cap, including, for example, vacation and sick leave
allowances.
. Each employee will be paid that portion of the
and otherforms of compensation exceed theamount permitted by law to be paid is entitled
to receive paid leave timein lieu of that portion of the salary that exceeds the amount
permitted by law to be paid. The amount of such paid leave creditwill be calculated using
policy and plan. The Commission and the General Manager are eachauthorized to
establish the assigned salary using the provisions of this policy and the compensation plan
established by the Commission.Further information about this Leave Credit is available
from management or Human Resources upon request.
descriptions that have been distributed to each employee, additional copies of which are
also available upon request.
44. HEALTH INSURANCE COVERAGE
For eligible employees who regularly work 30 hours per week, and enroll in a health
insurance plan provided by the Utilities, the Utilities will pay seventy-five percent (75%)
of the monthly premium per employee/family for health insurance. The Utilities currently
offers a Health Savings Account-related plan. Plans and plan designs may change from
time to time. The amount of the monthly premium for a health insurance plan over and
above 75% of the total monthly premium for health care coverage is the responsibility of
the employee. Employees should consult the Summary Plan Descriptions of the available
plans for details regarding coverage and eligibility. A copy of these descriptions will be
provided to employees and is available upon request.
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45. DENTAL INSURANCE
Eligible employees who regularly work at least 30 hours per week and who enroll in the
-five percent (75%) of the
monthly premium per employee/family for dental insurance. Any monthly premium over
and above 75% of the dental coverage is the responsibility of the employee. Employees
should consult the Summary Plan Description for details regarding coverage and eligibility.
A copy of this description will be provided to employees and is available upon request.
46. LONG-TERM DISABILITY
A Long-Term Disability Plan is provided to eligible employees who regularly work at least
30 hours per week. Schedule amount: 60% of Monthly Earnings subject to a maximum
amount of $5,000.00 per month. Employees must be employed for two (2) months to
qualify for coverage. Employees should consult the Summary Plan Description for details
regarding coverage and eligibility. A copy of this description will be provided to
employees and is available upon request.
47. LIFE INSURANCE
Life insurance is provided to each employee at a rate of Two and One Half times (2½) the
d consult the
Summary Plan Description for details regarding coverage and eligibility. A copy of this
description will be provided to employees and is available upon request.
48. VISION INSURANCE
Eligible employees who regularly work at least 30 hours per week are eligible to enroll in
responsibility of the employee. Employees should consult the Summary Plan Description
for details regarding coverage and eligibility. A copy of this description will be provided
to employees and is available upon request.
49. HOME COMPUTER LOAN POLICY
In an effort to encourage all employees to develop and improve their computer skills,
employees may purchase a home computer per the following guidelines.
1.The purchased computer and software shall be new, not reconditioned, not used.
2.The purchased compute
3.Employee must provide a receipt reflecting the purchase of this computer.
4.The Utilities will provide an interest-free loan for the purchase of this computer up
to $1,200.00, for a term not to exceed 12 months.
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5.Employee will repay the computer loan to the Utilities in not more than 25 equal
installment payments authorized and made through payroll deduction, upon the
6.Employee must maintain ownership and possession of the computer for the
duration of the loan term.
7.If the employee leaves the Utilities before the loan is paid back in full, the Utilities
paychecks (including any check for unused and unpaid benefits) as authorized by
the employee in the authorization form signed at the time the loan is made.
50. EDUCATIONAL ASSISTANCE
The Utilities will provide financial assistance to eligible employees for pre-approved
courses that are job related, lead to a job-related degree, or are within areas beneficial to
the Utilities in its discretion and pursuant to this policy. With regard to education required
by the Utilities or in connection with a Utilities-approved apprenticeship training program,
check with a Utilities manager or Director.
1.All full-time Utilities employees with at least three months of continuous
employment are potentially eligible for reimbursement under this policy.
2.The Utilities may pay up to 100% reimbursement of the costsfor tuition,
registration, fees, books and course required materials after successful completion
of a pre-approved course. Courses must be at accredited colleges, universities, or
vocational schools or be short courses conducted by recognized professional
training organizations.
3.A course may be approved if:
a)
b)It is required by a program of study leading to a degree that is directly related
c)
d)It is expected to be completed within a time acceptable to the Utilities.
4.This policy will not cover recreational or personal interest courses.
5.Prior to registration, the employee must have full approval for the course from
6.The Utilities reserves the right to disapprove educational assistance requests and to
amend or eliminate this policy from time to time in its discretion.
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7.Total reimbursements to an employee during the academic year may not exceed
$3,000.
8.Not eligible for reimbursement are costs of:
a)late fees and fees due to an employee error
b)meals, transportation, lodging, insurance, etc.
9.If an employee is eligible for education assistance from any outside source (e.g.:
G.I. Bill, grants, scholarships, etc.), the employee must apply for any assistance
first and request the balance through this Education Assistance Policy.
10.Termination of employment prior to completion of a course will disqualify the
employee for educational assistance.
11.Courses not satisfactorily completed within the time expected or otherwise
acceptable to the Utilities will not receive reimbursement but must instead be paid
for by the employee.
12.Course attendance and preparation must take place outside of scheduled work hours
13.Employees will be paid for any time used in attending courses for which they are
required by the Utilities to attend. All tuition and fees for such course will be paid
for by the Utilities.
LEAVES OF ABSENCE
The Utilities provides leaves of absence according to the following policies. Unless
otherwise indicated, all leaves of absence are unpaid. However, employees taking unpaid
leave are required to concurrently use any paid vacation or other paid time they have
available concurrently with their unpaid leave, beginning with using accrued paid vacation
time.
An employee requesting a leave of absence must complete a Request for Leave of Absence
form. Forms for requesting a leave of absence are available from the Human Resources
Representative. When possible, advance notice of a leave should be provided to an
51. PARENTING LEAVE
Under the Minnesota Parental Leave Act, a Minnesota employee who has worked for the
Utilities for at least 12 months and who has worked at least one-half (1/2) time during the
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twelve (12) months preceding a leave is entitled to take up to twelve (12) weeks of unpaid
leave as follows:
An eligible biological or adoptive parent make take such leave for the birth or
adoption of a child; and
An eligible female employee may take such leave for prenatal care or incapacity
due to pregnancy, childbirth, or related health conditions.
An employee requesting parental leave must give the Utilities at least thirty (30) days
advance notice of the start and end dates of the requested leave, unless such notice is not
possible due to legitimate unanticipated factors in which case as much notice as is possible
should be given. For a leave for the birth or adoption of a child, the leave must begin within
either 12 months of the birth or adoption or, if the child must remain in the hospital longer
than the mother, within 12 months of the child leaving the hospital.
Insurance benefits will continue during the leave, but the employee must pay his or her
portion of the premiums during the leave and will be required to reimburse the Company
for premiums paid by the Company during the leave if the employee does not return to
work following the leave.
If any employee is eligible for parental leave under both the FMLA and the MN Parental
concurrently with time taken under this policy.
If you are eligible for both unpaid MN parental leave and any paid vacationor long-term
disability insurance, you must use this paid time off or salary continuation benefit during
any MN parental leave period up to the amount needed to cover the entire parenting leave.
Following leave under this policy, an employee will be reinstated to his or her same job or
one with comparable duties, hours, and pay.
52. MINNESOTA SICK FAMILY MEMBER OR SAFETY LEAVE
A Minnesota employee who has worked for the Utilities for at least 12 months and who
has worked at least one-half (1/2) time during the past twelve (12) months may use his or
her accrued sick time to
child, adopted child, adult child, spouse, sibling, parent, parent-in-law, stepparent,
grandparent, or grandchild (including a biological, step, foster, or adopted grandchild) for
In addition, a Minnesota employee who has worked for the Utilities for at least 12 months
and who has worked at least one-half (1/2) time during the past twelve (12) months may
use his or her accrued sick time toreceive assistance or provide assistance tothe
parent-in-law, stepparent, grandparent, or grandchild (including a biological, step, foster,
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or adopted grandchild) because of domestic abuse (as defined in Minn. Stat. §518B.01),
sexual assault (as defined in Minn. Stat. §§609.342, 609.3453, or 609.352), or stalking (as
Eligible employees are limited to using a maximum of 160 hours of sick time in any 12-
month period for a Safety Leave or for a Sick Family Member Leave resulting from the
-in-law,
stepparent, grandparent, or grandchild.
Sick time under this policy must be used in the same manner as the employee would use
the sick time for his/her own illness.
Please note that, if an employee is also eligible for FMLA leave to care for a sick family
member, FMLA leave and Minnesota sick leave time will run concurrently.
53. SCHOOL ACTIVITIES LEAVE POLICY
Employees who have worked at least one-half time during the preceding twelve months
are entitled to up to 16 hours leave during any 12-month period to attend school
conferences or classroom activities cannot be scheduled during non-work hours. If an
-kindergarten regular or
special education program, the employee may use the leave time to attend a conference, or
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 Utilities business.
Regular paid sick leave may not be used for purposes of this school activities leave.
54. BONE MARROW AND 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 will be
granted up to forty (40) hours of paid leave. Regular sick leave need not be used when this
Bone Marrow and Organ Donation Leave policy is applicable to the circumstances. The
Utilities may require verification by a health care provider of the purpose and length of
each leave requested by the employee pursuant to this policy.
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55. NATIONAL GUARD AND RESERVE LEAVE
Any officer or employee of the Utilities who is a member of the National Guardor other
reserve unit is entitled to a leave of absence from public office or employment without loss
of pay, seniority status, efficiency rating, vacation leave, sick leave, or other benefits for
the time that he/she is engaged with the reserve 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 will be
allowed only in cases where the required military or naval service is satisfactorily
performed. Such leave will not be allowed unless the officer or employee:
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
Is prevented from returning to Utilities employment by physical or
own fault; or
Is required by proper authority to continue in such military or naval
service beyond the time herein limited for such leave.
56. MILITARY LEAVE FOR UNIFORMED SERVICE
Except as provided otherwise in the National Guard and Reserve Leave Policy above,
employees who are members of, apply to perform, or have an obligation to perform service
in a uniformed service will be granted an unpaid leave of absence to perform such service.
when engaged in active duty, active duty for training, initial active duty for training,
inactive duty training, full-time National Guard duty, the commissioned corps of the Public
Health Service, and any other category of persons designated by the President in time of
war or emergency. As soon as an employee is informed of the dates of the military training,
he or she should notify his or her supervisor and request a leave of absence, even if he or
she has not yet received written orders.
In the case of an employee whose period of military service isless than 31 days, an
employee must report back to his or her job at the first regularly scheduled shift after the
completion of military service and the time required for return from the place of military
service to the place of civilian employment. An employee called to active duty for more
than 30 days, but less than 181 days, must report back to his or her job not more than 14
days after the completion of his or her military service. An employee called to active duty
for more than 180 days must report back to his or her job not more than 90 days after the
completion of his or her military service.
This Policy is not intended to preclude leave with pay as may be provided in the National
Guard and Reserve Leave Policy above.
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57. JURY/WITNESS DUTY LEAVE
Employees will be allowed a leave of absence pursuant to state statute without restriction
or sanction when called for jury duty.
An employee performing jury duty or subpoenaed as a witness in court
or voluntarily serving as a witness on behalf of the Utilities in a case in
which the Utilities is a party 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.
The employee must notify his/her supervisorand complete a leave of
absence form within 48 hours of receiving call for jury duty.
An employee excused or released from jury duty during his/her 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.
58. PERSONAL LEAVE DAY
Each January 1st, every regular employee will be credited with one day of paid personal
leave, which will be available to be taken during the next 12 months, with the scheduling
approval of management. This day, if unused, will not be carried over from year to year,
and it is not paid out or converted upon separation from employment.
59. BEREAVEMENT LEAVE
A leave of absence, with pay and fringe benefits may be granted to a regular full-time
employee for a maximum of three (3) days in the event of the death of a spouse, child,
parent, brother, sister, grandparent, grandchild, or parent-in-law, brother-in-law, sister-in-
law, grandparents-in-law, step-parents, step-siblings and step-children.
60. GENERAL LEAVE
The Utilities recognizes that circumstances of a unique personal nature may cause an
employee to seek time off without pay. The Utilities may, at its sole discretion, grant
unpaid personal leaves of
will be granted. In no event will General Leave be granted for longer than ninety (90) days,
unless special approval is received from the General Manager.
Vacation and sick leave will not accrue during a General Leave. Further, the employee on
General Leave will not be eligible for holiday pay during the leave. The Utilities will not
contribute to the cost of insurance premiums for an employee on General Leave.
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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.
61. VOTING LEAVE; SERVICE AS ELECTION JUDGE
Under Minnesota Statutes Section 204C.04, employees who are eligible to vote in an
election to fill a vacancy in the office of United States Senator, United States
Representative, State Senator or State Representative, or a presidential primary have the
right to be absent from work for the time necessary to vote and return to work on the day
of that election without penalty or deduction from salary or wages because of the absence.
The Utilities will not abridge or interfere with this right.
The Utilities will provide an employee with paid time off to serve as an election judge,
as an
election judge.
62.PAID LEAVE DONATION
employees wishing to do so may voluntarily donate accrued paid leave time that is
presently available for use as sick leave by the donor employee to a co-worker who is
experiencing a major or catastrophic life event in the form of a medical emergency, loss of
a family member, or other extraordinary circumstance (subject to management approval)
necessitating time off from work for which the receiving employee has insufficient paid
time off available. Examples of such a life event include, but are not limited to, a heart
attack, stroke, organ transplant, or other medical condition of the employee or a family
member for whose care the employee bears substantial responsibility.
An employee will be eligible to receive and use donated paid leave only if the following
conditions are satisfied:
1.The receiving employee must submit a request for paid leave donation in the form
prescribed by the Utilities.
2.
absent from the workplace that is supported by documentation from a health care
provider.
3.s documentation
that the receiving employee will return to work within a reasonable time following
any leave of absence unless the employee qualifies for long term disability
insurance benefits.
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4.The receiving employee is currently eligible to accrue sick leave under the
5.
including all sick, vacation, compensatory, and other paid time.
6.The sick leave taken by the receiving employee will not be subject to income
replacement by disability or workers compensation insurance.
The following additional conditions apply to leave donation under this policy:
1.The total amount of paid leave donated to any individual employee in any rolling
twelve month
for leave donation may not exceed 240 hours.
2.Donation of paid leave is permanent and final and cannot be rescinded. Donated
paid leave may not be transferred back to the donor under any circumstances. If
the donated paid leave is not usedby the receiving employee it is forfeited by all
parties.
3.Donated paid leave time may be used by the receiving employee only for purposes
of the medical leave necessitated by the catastrophic life event supporting leave
donation under this policy.
4.Donated paid leave may be used by the receiving employee only for work time
actually and necessarily missed due to the leave taken for the purpose set forth in
the leave request submitted under this policy, and for no other purpose.
5.Donated paid leave may be used by the receiving employee only to replace the
FTE (measured as of the date on which the leave begins).
6.Donated paid leave must be used by the receiving employee concurrently with any
applicable unpaid leave available to the receiving employee.
7.Donated paid leave must be used during the leave taken for the purpose submitted
in the leave request under this policy.
8.Donated paid leave not used the leave as described in No. 7, above, will be forfeited
by the recipient.
9.All donations must be made in increments of eight (8) hours subject to a limit of
16 hours per donor to a particular recipient per year. Leave donation must be in
one of the following configurations: i) a total of eight hours of sick leave; ii) a
total of eight hours of vacation; iii) a total of sixteen hours, with eight hours being
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vacation and eight hours being sick leave; or iv) a total of sixteen hours, with
sixteen hours being vacation time.
10.The donor employee must complete a leave donation form prescribed by the
Utilities in order to donate paid leave.
11.When used by the receiving employee, donated paid leave will be paid at the
12.The donation of paid leave time will permanently decrease the amount of accrued
nd thereafter will not be
counted or used by the donor or the Utilities for any purpose. For the avoidance
of doubt, this means, among other things, that donated paid leave time does not
qualify to be counted as unpaid sick leave for purposes of any severance pay
calculation.
13.The Utilities will treat the identity of donor employees under this policy as private
and confidential information.
14.This policy applies on a prorated basis to part-time employees eligible to accrue
and receive paid leave time.
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RECEIPT AND ACKNOWLEDGMENT
(EMPLOYER COPY:
MUST BE SIGNED AND RETURNED TO MANAGEMENT)
By signing this receipt, I acknowledge that I have received a copy of the Elk River
andbook and the
policies contained or referenced in the Handbook supersede and replace previously-
issued handbooks, contrary oral or written statements of employment policy, and contrary
employment practices.
I understand that the Employee Handbook may be amended at any time, with or without
notice. I understand that I do not have a protected property interest in my employment
with the Utilities. I also understand that neither this Handbook nor any provision in it
creates a contract of employment for any particular duration between the Utilities and
me.Further, I understand that nothing in this Handbook creates a contract with specific
terms between the Utilities and me.
I acknowledge that it is my responsibility to become and remain informed about the
employment policies and practices of the Utilities and to abide by the rules, regulations,
standards and policies of the Utilities, including those contained in this Handbook. I also
or standards is just cause for discipline, up to and including termination of my
employment.
DatePrint or Type Name
Employee Signature
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COMMISSIONPOLICY
Section:Category:
GovernanceDelegation to Management Policies
Policy Reference:Policy Title:
Performance Metrics and Incentive
G.4g1
Compensation
1.0PURPOSE AND SUMMARY
The successful performance of the ERMU is measured in ter
our strategic goals and mission. By improving our efficiency and level of performance in
meeting our strategic goals and mission we can improve the delivery of value to our customers.
To create incentives for employeesto take personal responsibility for accomplishment of the
Metrics-based Incentive Compensation system (Through UPMIC the employees of
ERMU will have anopportunity, as a group, to earn annual incentive compensation for each
qualifying employee by contributing individually to the overall success of ERMU on a daily
basis.
Under UPMIC, either all qualifying employees will earn an incentive compensation distribution
in a given year, or none will. And not only will incentive compensation under UPMIC in that
sense be an all or nothing proposition each year, but there will be an equal percentage sharebasis
for all on which the incentive compensation will be paid out if earned. This appropriately reflects
the reality that we all succeed, or fall short, together as a team.
To administer the UPMIC and measure objectively the level of performance that must be
achieved for qualifying employees to earn incentive compensation, the attached UMPIC
The Score Card will be
subject to revision annually based on the performance metrics adopted by the Commission
By tracking and measuring the
Performance Metrics and creating incentive for employees to achieve the goals the Metrics
embody, the Utilities believes it will be better able to focus efforts and resources on becoming
more efficient and successful in meeting our strategic goals and mission and delivering improved
value to our customers.
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2.0UTILITIES PERFORMANCE METRICS SCORE CARD
As reflected on the Score Card, the Performance Metrics are divided into the following three
categories: Safety, Reliability and Quality of Utility Services; WorkforceDevelopment; and
Financial Goals. These categories are used to characterize the overall strategic goals and mission
of ERMU.
Under the Performance Metrics, these three main categories are then divided into various
weighted factors, or sub-categories. These sub-categories, their percentage weight, and the goal
or target for each, shall be established by the Utilities Commission annually.The Performance
Metrics as adopted are reflected in the attached Score Card.As discussed above, the Performance
Metrics and thus the Score Card are subject to modification and adoption by the Commission
annually, which will normally occur during the U
3.0UTILITIES PERFORMANCE INCENTIVE COMPENSATION DISTRIBUTION
CRITERIA
Under the UMPIC a Performance-Based Compensation Incentive, if earned, will be distributed
to Qualifying Employees annually. The total amount available to beearned by Utilities
employees as a Performance Based Compensation Incentive each year will be an amount up to
Period.
The measuring period used to calculate how much, if any, of the Performance-Based
Compensation Incentive the Utilities employees have earned will be the calendar year (the
After the Measurement Period is complete and the Commission has
received its audit in the spring of the year following the Measurement Period, the Performance
Metrics will be applied to determine whether the Performance-Based Compensation Incentive
has been earned for the Measurement Period. In doing so, the performance of the Utilities in each
sub-categorywill be reviewed. If the sub-category performance meets or exceeds the established
goal, the sub-category will be scored with the designated percentage that will contribute to a total
Performance Metrics Multiplier to be used as a factor in calculating the distribution earned, if
The Multiplier has a maximum factoring effect
of 100%. The Multiplier is used to determine how much, if any, of the amount established by the
Commission for the UMPIC Performance-Based Compensation Incentive has been earned in the
Measurement Period. (For example if the Multiplier equals 100%, the distribution would equal
2%. If the Multiplier equals 75%, the distribution would equal 1.5%.) In other words, the
amount establishedby the Commission may be earned on an annual basis by the group of
Qualifying Employees (as defined below in Section 4.0) in whole, in part, or not at all.
After the Multiplier is calculated on the Score Card, the Performance Based Compensation
Incentive earned, if any, will be distributed to Qualifying Employees. The total amount to be
distributed as the Performance Based Compensation Incentive will be the product of: a) the
mployees during the
Measurement Period.
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The percentage of the Performance Based Compensation Incentive awarded to each Qualifying
Employee will be based on the gross wages of each Qualifying Employee during the
Measurement Period. To each Qualifying Employee, the distribution would be allocated in a
lump sum equal to the product of: a) th
paid during the Measurement Period.
earned during the Measurement Period were equal to $50,000 and the Multiplier was equal to
100%, the total distribution to that employee would be equal to: $50,000 x 2% x 100% =
$1,000.)
industry or customer base, the Commission reserves the right to withhold distribution of the
Performance Based Compensation Incentive in any given year.
4.0EMPLOYEE QUALIFICATIONS AND DISTRIBUTION OF THE INCENTIVE
COMPENSATION
An employee of the Utilities willbe eligible for participation in the Performance Metrics
Incentive Compensation distribution if the employee meets the following eligibility requirements
a.The employee is in good standing with the Utilities.An employee would not be eligible
while on disciplinary probation or a performance improvement action plan.
b.The employee was a Full Time or Part Time employee during the Measurement Period.
Seasonal, and Temporary employees are not eligible.
The UMPIC Performance Based Compensation Incentive distribution will be madeto Qualifying
Employees on the first payroll date after the thirty day period following the date on which the
in an open meeting.
GP:3300714 v4
POLICY HISTORY:
AdoptedDecember 12, 2012
Revised January 14, 2020
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G.4i5 – Purchase Orders
1.0 Purchase Order Policy
In an effort to enhance documentation of purchasing materials and/or services, the following
procedures shall be implemented:
A. Any purchased item(s) or service(s) over $5,000.00 must have a pre-approved purchase
order number. The Supervisor of the department will initiate the purchasing process by
securing quotations or asking the Purchasing Specialist to secure quotations before the
actual item is purchased. The General Manager or his designee will sign all purchase
orders. A minimum of two quotations shall be required.
B.Items or services under $5,000.00 may be purchased upon authorization of the
Supervisor.
C.Routine items such as office supplies, hardware, and small automatic parts will not
require a purchase order at places of business where an account is established. The
Supervisor must authorize purchase and he/she or employee must sign receipt at the place
of business and submit such a receipt to the Purchasing Specialist.
Revised April 9, 2013
134
COMMISSIONPOLICY
Section:Category:
GovernanceDelegation to Management Policies
Policy Reference:Policy Title:
G.4i6Public Purpose Expenditures
1.0POLICY
Pursuant to the statutes and laws of the State of Minnesota which regulatethe expenditure of
public funds for public purposes, Elk River Municipal Utilities(ERMU)believes it is necessary
and appropriate to provide assistance and guidance toofficials, employees, and representatives of
ERMUto aid in the determination of when public funds may be spent for a public purpose.
To provide that assistance and guidance, the ERMU Board of Commissioners hasadopted this
Public Purpose Expenditure Policyestablishingoperating policies and procedures forthe
appropriate expenditure of public funds. TheUtilityCommissionauthorizes the General
Managerto establish administrative policies and procedures that are consistent with this Policy.
Definition:A public purpose expenditure is one which relates to the purpose for whichElk River
Municipal Utilitiesexists.
2.0PUBLIC PURPOSE GUIDELINES
A.Training and development programs for ERMUemployees serve a public purpose when
those training and development programs are directly related to the performance of the
job-related duties and are directly related to the programs/services for which
ERMUis responsible.
B.Payment of employee work-related expenses, including travel, lodging and meal expenses,
serves a public purpose when those expenses are necessarily incurred by ERMUemployees
in connection with their actual work assignments or official duties,and those expenses are
directly related to the performance of the governmental functions for which Elk River has
responsibility.
C.Appropriate safety and health programs for ERMUemployees serve a public purpose
because they result in healthier and more productive employees and reduce certain costs to
ERMU customers, including various costs associated with workers compensation and
disability benefit claims, insurance premiums, and lost time from employee absences.
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D.Employee recognition and achievement awards for ERMU employees are appropriate public
expenditures and serve a public purpose because formally recognizing employees who make
significant contributions and demonstrate their commitment during the performance of their
duties resultsin higher morale and productivity among all ERMUemployees, and therefore
helps ERMUto fulfill its responsibilities efficiently and more cost effectively.
E.Public expenditures for food and refreshments associated with official ERMUfunctionsand
meetingsserve a public purpose when the provision of food or refreshments is an integral
part of an official ERMUfunction, or the meeting or event occurs over a meal timeand the
provision of food or refreshmentis reasonably necessary to promote timely attendance and
meaningful participation by the participants.
F.Public expenditures for appropriate community and customer outreach and similar activities
serve a public purpose when those expenditures are necessary for ERMUto ensure the
efficient operation of its programs/services, promote the availability and use ofERMU
resources, and promote coordinated, cooperative planning activities among and between the
public and the private sectors.
3.0SPECIFIC PROGRAMS AND EXPENDITURES
Every ERMUexpenditure must be valid based upon the public purposefor which it is expended.
These line-items are approved annually by the ERMUCommissionas part of the overall budget
approval process.
The following items are deemed to meet the ERMUCommissiondefinition of public purpose
expenditures:
A.Meetings-Food/Meals/Refreshments
ERMUrecognizes that situations in whichERMUbusiness needs to be discussed can and do
occur during meal hours (i.e. luncheon meetings). In addition, there are public and employee
meetings and events in which reasonable refreshments may add to the success of the meeting
and/or event and create a more productive workforce. Meals are allowed at training or
meetings only when they are part of a meeting or training involving official ERMUbusiness,
and are reasonably necessary or productive to conductthe meeting over those meal periods.
The following items are deemed to meet the ERMUCommissiondefinition of public
purpose expenditures in regards to food/meals/refreshments:
1.Allowedat ERMUmeetings and events that havethepurpose of discussingofficial
ERMU business.
2.Allowed when they are part of the structured agenda for an offsite conference,
workshop, seminar, training session, or meeting which the General Manageror a
department head has authorized the employee to attend for training and development
purposes.This does not include routine staff meetings.
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3.Allowedwhen they are part of a breakfast/lunch/dinner meeting for official ERMU
business when it is the only practical time to meet and when it involves non-ERMU
employee participants (i.e. business developers or business representatives). Payment
for fees relating to a special event, such as a Chamber of Commerce event, may also
be allowed when approved by the General Managerand when attendance is deemed
to meet the public purpose guidelines for community or customer outreach and
marketing of ERMU.
4.Allowedduringofficial meetings of the Utility Commission, utilitycommittees,
advisory boards/commissions, and taskforces.
5.Allowedwhere employees are participating in an ERMUsponsored orauthorized
special event,orin an outside event as an official representative of ERMU.
6.Allowedfor department sponsored meetings, conferences or workshopswhere the
majority of invited participants are not ERMUemployees.
7.Cookiesand coffee allowed for ERMU
sponsored by the Safety Committee.
8.Annualsafety training lunch where lunch is provided at a minimal cost while safety
training is being held.
9.Coffeeis provided by ERMUfor employeesand guestsat ERMUbuildings.
B. Alcoholic Beverages
ERMUwill not purchase or reimburse any employee,Commission Member, volunteer, or
agent for the purchase of alcoholic beverages.
C. EmployeeRecognitionProgram
ERMUrecognizes the hard work and serviceperformed byERMUemployees through a
formalEmployee Recognition Program. TheERMUCommissionbelieves the benefits of
attracting, retaining and motivating employees through an Employee RecognitionProgram
support employee job satisfaction, which in turn impacts cooperation and productivity. The
result is to provide excellent public and customer service to betterserve the interests of the
citizens of the community.
TheProgram will include:
1.Annual Employee Customer ServiceAppreciation, in conjunction with the national
Customer Service Week recognition. Annually ERMUwill sponsor an Employee
Customer ServiceAppreciationfor ERMUemployees. Appreciation tokens will be
distributed and a lunch or breakfast will be provided, at a modest expense with prior
General Manager approval.
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2.ERMUsupportsrecognizingyears of service.The Employee Recognition
Workgroup has identified the following milestones for recognition:
1 Year
3 Years
5 Years
10 Years
15Years
20 Years
25 Years
30 Years
35 Years
Annually, the Employee Recognition Workgroup will review all upcoming
anniversaries and recognition items that will be available for employee selection. The
Workgroupwilltheninclude a program line item in the budget for ERMU
Commission review and approval.
3.Recognition Lamp.ERMU supports recognition of long term employees retiring after
a minimum of 20years of service. ERMU employees shall receive a novelty meter
lamp with an engraved plate noting years of service.
D.OtherEvents
ERMUsupports other events that are planned and paid for by employees. Examples of such
events include holiday gatherings and monthly birthday recognition.
E.Refreshments andFood forEmergencyResponseStaff
Because emergency personnel are often called to perform for extended periods of timewhere
refreshments are important to duty performance, ERMUpersonnel may beprovided
refreshments or food when it is deemed appropriate by the General Managertoassure the
delivery of qualityemergency response service.
F.EmployeeTraining
ERMUsupports employee training and providesfor reasonable reimbursement of
registration, tuition and travel expense for conferences, seminars, workshops, and approved
ERMUemployment-related course work in accordance withtheERMUPersonnel Policy.
The Personnel Policy also contains guidelines for an education reimbursement program. Job
related advanced education meets the public purpose guidelines of this Policy.
G.EmployeeWellnessProgram
ERMUrecognizes the importance of employee fitness and health as itrelates to the overall
work and life satisfaction of theemployee and the impact on the ERMUhealth insurance
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program. As such, ERMUsupports the Employee Wellness Program, which has been
designed to educate employees onfitness/health issues. Also, in an effort to promote
wellness, the city maintains a fitness room equipped with exercise equipment that is available
to allERMUstaff 24/7.
H.Employee Safety Program
Programscreated by the Safety Committee to promote and retain a safe work environment
are supported by ERMU.Refer to Meetings: Food/Meals/Refreshments
I.MembershipandDues
The ERMU Board of Commissionershas determined that ERMUwill fund membershipsand
duesfor ERMUCommission Membersand employees in professional organizations and
social and community organizationswhen the primary purpose is to promote, advertise,
improve or develop the resources and advantages and not personalinterest orgain.
Said memberships shall be approved by the General Manager.
J.Membership in theLocalChamber of Commerce& Rotary
The ERMU Board of Commissionershas determined that it serves a public purpose for
ERMUto maintain membership in the Elk River Chamber of Commerce and Rotary as a
means of promoting, advertising, improving, and developing the economic resources and
advantages of ERMU.
K.Donations toOrganizations
The ERMU Board of Commissionershas determined that it serves apublic purpose for
ERMUto purchasedecorations, andcandy for distribution at local parades and similar
community events.
L.Clothing andOtherSundry Items
ERMUemployees may receive T-shirts, and other sundry items of nominal value when these
items are made available to thegeneral public,or ifthese items are determined by the
General Manager to be important to the successful involvement of employees in special
ERMUsponsored orsupported events(i.e. National Night Out, etc.).
M.Marketing Items
The ERMU Board ofCommissionershas determined that it serves apublic purpose for
ERMUto distribute items of a nominal naturefor the purpose of educating or promoting
ERMUprovided programs such as water and energy conservation,and electrical safety.
N.Sympathy Gifts
The cost of flowers or other similar items as a sign of sympathy shall not be paid forwith
ERMUfunds.
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O.Gifts for Employees, Consultants and Others
ERMUshall not pay for gifts to employees, consultants, or similar persons working with or
for the ERMU.
P. Recognition Plaquesfor Commissioners
ERMU supports recognition plaques in recognition of years of service. ERMU
Commissioners shall receive a plaque thanking them for their dedicated years of service upon
completion of their service on the Board.
4.0CONCLUSION
The ERMUBoard ofCommissionersreserves the right to not fund any item of expenditure
described in this Policy. No provision of this Policy, or its administration, shall be construed as
being a benefit or condition of employment by or for any employee of ERMU, nor is any
provision of this Policyto be considered a provision of the Personnel Policy.
The ERMU Board of Commissionershas determined that the above expenditures are valid
expenditures and serve a public purpose.
POLICY HISTORY:
AdoptedNovember 15, 2011
RevisedApril 10, 2018
Revised November 12, 2019
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COMMISSIONPOLICY
Section:Category:
GovernanceDelegation to Management Policies
Policy Reference:Policy Title:
G.4j3Customer Deposits
1.0POLICY
Tominimize the exposure of bad debt expense for ERMU and its rate payers, which helps keep
rates fromunfairly increasing for those customers who do pay their bills, customer accounts may
be subject to a deposit.
2.0DEPOSIT REQUIRED
All residential, commercial,and industrialcustomers of ERMU will be required to submit a
deposit in the acceptableform set forth below subject to theexceptionsset forth below.In
addition, existing customers who have been disconnected by ERMU for non-payment of
amounts due shall be required to submit a deposit in addition to all amounts owed before service
will be reconnected.Existing customers whoareestablishing a new account or adding an
additional account are also subject to the deposit policy. Failure tosubmit the requireddeposit at
the time of applicationfor commercial accounts,or when due for residentialaccounts,shall be
cause for ERMU to immediately terminate service.
3.0AMOUNT OF DEPOSIT
A.Residential Customers
The amounttobe deposited for residential services shall be:
$100 for apartments
$100 forwater and sewer service
$150for electric service
$250for allservices.
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B. Commercial Customers
The amount requiredto be deposited forcommercial and industrialservices shall generally
beequal to two.For
commercialcustomers onthe non-demand rate,the minimum deposit will be $250.For
commercial customers on the demand electric rate,the minimum deposit will be $1,000.
ERMUmayincrease or decrease the security deposit based on assessment of risk.
4.0FORM OF DEPOSIT
The deposit shall be in the form of a cash deposit or an irrevocable letterof credit.If in the form
of an irrevocable letter of credit, the letter of credit shall be renewed at least 30 days prior to its
expiration.Failure to renew aletter of credit will result in the letter of credit being drawn on and
the cash recovered from the letter of credit being heldby ERMU as a cash deposit.If ERMU is
not able to drawon the letter of credit, the customer shall submit a cash deposit prior to
expiration of the letter of credit.Failure to submit the requireddeposit shallbe causefor
immediate termination of serviceby ERMU.
5.0RECEIPT FOR DEPOSIT
Atthe time the deposit is made ERMUwill furnish the customer with a written receipt
specifying the conditions, if any, the deposit will be diminished upon return.
6.0RETURN OF DEPOSIT
Any deposit received by ERMU shall be returned to the customer within 45 days of termination
of service, provided that thecustomerhas paid in full all amounts due on the account.If the
customer has not paid in full within 30 days of the termination of service, the deposit will be
applied to any outstanding amounts owedbythe customer to ERMU.If the deposit exceeds the
amount due, thebalancewill bereturned to the customer.If the deposit isnot sufficient to cover
the amount due, the customer shall remain liable to ERMU for the balance and shall pay the
balance due within 15 days of notice from ERMU. ERMU reserves the right to use reasonable
legal means to collect amountsdue.
7.0INTERESTON DEPOSITS
Interest shall be paid on all deposits in excess of $20 at the rate established by Minnesota
Statutes,325E.02(b).ERMU may, at its option, pay the interest at intervals it chooses, but at
least annually, by direct paymentor as a credit on
8.0SUBMISSION OF AND EXCEPTIONS TO DEPOSIT REQUIREMENT
A.Residential Customers
Residential customers may submit therequired deposit at the time service is requested, or
have the deposit billed with the custor services provided. Failure to pay a
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deposit when billed shall be cause for ERMU to immediately terminate service.ERMU may,
in its discretion,waivethe required deposit for residential customers ifthe customer consents
ection of credit credit score is
above90percent probability of non-default, and the customer has no history of disconnection
for non-payment to ERMU, and no history of late payments to ERMU two times in 12
months.
B. Commercial and Industrial Customers
All commercialandindustrialcustomers will complete an application for service that
identifies the individual or business entity that will be entering into aservice agreementand
will pay an application fee per the fee schedule.All commercial and industrial customers
shall submit the requireddeposit and enterinto a service agreement with ERMU prior to the
timeservice isdesired.The service agreement shall be an agreement on the part of the
individual or business entityto make payment of all amounts billed by ERMUfor electric,
water andsewer services, andto be liable for any default or non-payment of amounts billed
by ERMU. ERMU may, in its discretion, reduce or increase the required deposit for
commercial and industrial customers if a service agreement is executed by the customer, the
customer has provided ERMU with sufficient information to allow ERMU to analyze the
credit risk of the individual or business entityexecuting the service agreement, and ERMU,
in its sole discretion, determines to reduceor increasethe deposit required based on its
analysis.
POLICY HISTORY:
AdoptedMarch 9, 2010
RevisedFebruary 14, 2012
Revised June 16, 2015
Revised February9, 2016
Revised January 9, 2018
Revised August 10, 2021
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COMMISSION POLICY
Section:Category:
GovernanceDelegation to ManagementPolicies
Policy Reference:Policy Title:
G.4lProtection of Assets
PURPOSE:
With this policy, the Commission sets forth its expectations for the General Manager concerning
POLICY:
The General Manager shall not allow ERMUinappropriately usedor
disposed of, inadequately maintained, or placed at undue risk.
Consistent with this general statement, the General Manager shall:
1.Maintain comprehensivesecurityprogram, property insurance programand loss prevention
program which adequately protectERMU from significant damage or loss to its corporate
assets including, but not limited to, physical assets, real property, rights-of-way, corporate
image or credibility, intellectual property, and information.
2.Not allow any investment of ERMU funds that violates State of Minnesotalaw, any
any
present or future Commission-approved investment policy (See InvestmentsPolicy).
3.Implement and maintain management policies and procedures that establish effective and
sufficient controls with appropriate checks and balances, including separation of duties,
which are regularly tested for adequacy and compliance. Functions that require such
management policies and procedures include, but are not limited to designation of banking
signatories and transactions, cash management, accounting, and procurement of goods and
services, and inventory management.
4.Maintain a comprehensive physical asset inspection and proactive maintenance program
consistentwith accepted utility industry practice.
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5.Maintain comprehensive operating procedures aimed at safeguarding equipment and
preventing improper wear and tear consistentwith accepted utility industry practice.
6.Maintain a corporate records management program to safeguard paper and electronic files
from loss, significant damage, or improper disposition in accordance with applicable laws
and regulations (See Legal and Regulatory Compliance Policy).
7.Maintain competitive positionsor business arrangements
POLICY HISTORY:
AdoptedSeptember 12, 2017
RevisedAugust 10, 2021
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COMMISSION POLICY
Section:Category:
Governance Delegation to Management Policies
Policy Reference:Policy Title:
G.4l1Use and Disposal of Utility Property
1.0 PERSONAL USE
All Utility property and equipment is publicly owned. Utility-owned equipment and facilities are
not available for personal use by employees except as explicitly authorized in this or other Utility
policies. Personal use of all Utility vehicles, machinery, tools, and other equipment is strictly
prohibited.
2.0 DISPOSAL
From time to time, Utility property becomes obsolete, is damaged, or is not needed. Such
property will be disposed of by the Utility through salvage, trade, negotiated sale, or public
auction.
A. In most instances property will be disposed of by public auction conducted by a qualified
third-party auctioneer.
B. If it is determined that a negotiated sale is the best way to dispose of property, notice of the
sale must be advertised in the official newspaper and/or the Utilities website, and posted in
the Utilities office, for at least 5 business days. The appropriate department head will
determine the minimum price for items to be sold.
C. In no instance will anything of value within the scope of this policy (i.e., Utility property that
becomes obsolete, damaged, or unnecessary) be given away free to anyone including
employees, except as follows:
1. In the case of used and unwanted utility poles, cross arms, wood chips, wood cable
reels, or other items where there is a disposal cost, the Utility may in its discretion
offer such items to the general public for a nominal price or at no charge. Nothing in
this policy shall be interpreted to prohibit employees from accessing any such offer
on the same terms and to the same extent as the general public;
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2. In the case of used and unwanted utility poles, other infrastructure materials such as
reclosers or fuses, meters, etc., the Utility may in its discretion donate the items to
training facilities, such as Minnesota Municipal Utilities Association Training Center
or other trade schools.
D. Employees involved in the auction or sale process, including the decision to sell, determining
the minimum sale price, administration and collection of sealed bids, or negotiating trade
values, are prohibited from purchasing Utility property.
E. An employee may purchase no more than one motor vehicle from the Utility or another Elk
River political subdivision in any 12-month period.
F. In all instances where Utility property is disposed of, other than by auction through a third-
party auctioneer, the property shall not be transferred or delivered to the buyer or donee until
the buyer or donee has executed and delivered to the Utility a release of liability and
indemnification agreement on a form approved by the Utility.
Unauthorized removal of Utility property or its conversion to personal use may result in
discipline up to and including termination.
3.0 USE OF UTILITY VEHICLES
Utility-owned vehicles are to be used only by Utility employees for official Utility business.
Employees who drive or may be required to drive Utility vehicles and equipment are responsible
for maintaining a safe driving record and for observing all traffic laws. Seat belts must be
properly used at all times. Drivers must carry a current, valid driver’s license that is adequate for
the type of vehicle being driven. Any employee who operates a Utility vehicle without a valid
driver’s license will be subject to disciplinary action up to and including termination.
Passengers may be carried only when necessary to conduct Utility business and/or when their
transportation via Utility vehicle is in the best interests of the Utility. Utility vehicles may not be
used to travel from work to an employee’s residence for rest or lunch breaks without prior Utility
approval. Utility employees conducting official Utility 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 Utility and it has been approved by their department head.
POLICY HISTORY:
Adopted February 24, 2009
Revised November 15, 2011
Revised February 9, 2016
Revised July 9, 2019
Revised October 12, 2021
______________________________________________________________________________
Page 2 of 2
147
G.4l2 – Inventory
1.0 General Policy
The Utility has supplies and equipment that is utilized for electric and water infrastructure
construction and maintenance. Inventory management is an important operational issue because
it affects capital requirements, costs and customer service.
2.0 Recording Inventory Use
Employees that utilize inventory are required to accurately record its use as follows:
Determine/estimate items needed to perform the particular project/day’s work;
Remove required items from inventory stock;
Transfer items to vehicle being used to travel to the project/work site;
Upon completion of the project/day’s work, record inventory items used on the
inventory sheet to be turned in for record keeping; and
Return any unused items to inventory stock in a timely manner.
3.0 Regular Counts
On at least an annual basis, inventory counts are to be performed and a reconciliation of any
discrepancies completed to account for all inventory used and inventory still in stock.
Because there are inventory items that justify more careful planning and attention, such items
will be reviewed with higher frequency. Significant items (as identified by purchasing and
management) including items costing over $1,000 per piece or high risk items (such as wire with
high salvage values) will be counted quarterly. A reconciliation will be performed for any
discrepancies to account for all inventory used and inventory still in stock.
148
4.0 Equipment
There is equipment that is not in inventory but which is necessary for the completion of electric
and water infrastructure construction and maintenance. Items such as chain saws, power drills,
crimping tools, etc. are resource investments that need to be managed. A listing of these items,
with the quantity and location of each item, will be maintained and periodically reviewed for
accountability. Computers, specifically, are one of the items for which such an itemized list is to
be maintained and periodically reviewed. The minimum review period will be quarterly.
5.0 Ensuring Accuracy
Employees are responsible for and must take steps to ensure the accuracy and completeness of
inventory reporting data. In addition, employees that utilize and transport inventory must take
necessary steps to safeguard such inventory from loss or theft. When an employee submits
inventory reporting data, he or she is attesting to the accuracy of the data. Knowingly submitting
or approving inaccurate inventory reporting data or careless reporting such data is a violation of
policy and may subject the person to appropriate disciplinary action.
Adopted December 22, 2009
149
COMMISSIONPOLICY
Section:Category:
GovernanceDelegation to Management Policies
Policy Reference:Policy Title:
G.4l3Mobile Device Guidelines
1.0PURPOSE AND SUMMARY
These guidelines pertain to ERMUemployees and Utilities Commissionerswho are issued a
device purchased byERMU.The purpose of these guidelines is to outline the responsibilities and
care required for utilitiesissued iPad or tablet devices.
The devices are intended to be utilized by ERMUstaffand Utilities Commissionersfor the
purpose of enhancing meeting workflow, reducing the use of paper agenda packet materials,
improve staff efficiency, and to improve the timeliness of Utilities Commission, staff,and
customercommunication.
2.0UTILITIES USE
Issued devices are intended for professional use.ERMUdoes not maintain loaner devices, so
users will be responsible for conducting meetings without a device in the event of a lost or
misplaced device.
Devices shall be maintained in a suitably charged state during work hours.
Inappropriate media may not be used as a screensaver or background photo.
Devices will be secured with a minimum eight (8) digit numeric pass code.
Sound shall be muted at all times unless needed for instructional purposes.
Personally ownedmusic, games and apps may only bepresent on ERMUissued
device when using a personal Apple ID iTunes account.
Inthecase a device is restored to its original condition, the user is responsible for
restoring any personal content.
ERMUis not responsible for backing up personal related content.
Users may save work locally on the device.It is strongly recommended that users
utilize the ERMUdesignated online storage technology.
______________________________________________________________________________
tğŭĻ Њ ƚŅ Ќ
150
ERMU CommissionPolicyG.4l3Mobile Device Guidelines
______________________________________________________________________________
Information stored on the iPad or tablet device could be classified as public,
private, or other data and is governed by the Minnesota Government Data Practices
Act (MN Statute Chapter 13) and must be treated accordingly.
Staff and Utilities Commissionersshould retain information stored on the iPad or
tablet device in keeping with ERMUpolicies and procedures perthe General
Records Retention Schedule.
3.0PERSONAL/HOME USE
The iPad or tablet device is a powerful computing tool. ERMUissued devices may be taken
home provided the use is consistent with the Email/Internet portion found in the ERMU
Employee Handbookas well as any other relevant ERMU policy.Failure to adhere to ERMU
policiesshall result in the revocation of such use privilege.
Users are allowed to connect devices to non-city wireless networks.
While instructionand advice may be offered, ERMU is not responsible for home
network use or support.
It is the policy of ERMUto maintain the right to access and disclose any and all
messages communicated through electronic means when ERMU-issued equipment is
used. Regardless of the intent of the message (business or personal), any employee
involved has no right to privacy, or to the expectation of privacy, concerning the
content of any message or the intended destination of any message when using
ERMUissued equipment.
4.0IPAD CARE
Users willbe held responsible for the maintenance and care of assigned communication devices.
Keep batteries charged and ready for use at meetings.
Clean the view screen with a soft, dry cloth or anti-static cloth as needed.
Do not lean or place anything on the screen that may cause damage.
Always utilize the protective case.
When not in use, store in a secure location. Never leave in an unlocked car or any
other theft-prone area.
Immediately report lost stolen, malfunctioning,or damaged devices to ERMU.
Stolen devices must bereported immediately to the local authorities.
Consult with ERMUbefore connecting or syncing devices to another computer.
5.0APPLICATION SOFTWARE
All software applications purchased and installed by ERMUmust remain on the device in a
usable condition and be accessible at all times. Users are responsible for personal software
applications and are responsible for installation and backup.
______________________________________________________________________________
Page 2of3
151
ERMU CommissionPolicyG.4l3Mobile Device Guidelines
______________________________________________________________________________
Software purchased by ERMUwill be done through an ERMUApple ID iTunes or
similar account.
Users are allowed to purchase and download personal applications providing they are
not profane, obscene,or offensive to others.
ERMUis not responsible for the loss of any personal software applications when the
device is updated, tested with diagnostic tools,or restored to its original state.
Storage space needed for ERMUapplications will take precedence over space used
for personal items.
6.0ACKNOWLEDGEMENT
AllUtilities Commissioners and ERMU staff who are assigned an iPador tablet device shall be
provided a copy of these guidelinesand shall acknowledge receipt and understanding of the
provisions outlined herein.The guidelines may be updated as needed.
I agree that I will use the ERMUissued iPad or tablet device in accordance with the
specifics outlined in this useragreement. I also understand that use of an ERMU asset is a
privilege that may be revoked at any time.
Printed Name: ___________________________________
Signature: _______________________________________
Date: ___________________________________________
POLICY HISTORY:
AdoptedMay14, 2013
______________________________________________________________________________
Page 3of3
152
COMMISSIONPOLICY
Section:Category:
GovernanceDelegation to Management Policies
Policy Reference:Policy Title:
G.4o1Water Use Restrictions
1.0PURPOSE
AllIn order to protect the health, safety, and general welfare needs of the City of Elk River and
its residents, and to reduce peak demand on the water distribution system and promote water
conservation, the Commission has imposed permanent restrictions on lawn sprinkling.
2.0POLICY
Pursuant to its authority under Section 78-51of the CityofElkRiver Code of Ordinances, the
Commissionhasadopted by resolution the followingwater use restrictions:
A.Nolawn sprinkling shall occur between the hours of 10:00 a.m. and 6:00 p.m.
B.Use of the municipal water supply system forlawn sprinkling shallbe limited to an odd-
even schedule. Homesandbusinesses withaddresses ending in anoddnumbermaywater
onoddnumbered days, and homesandbusinesses with addresses ending in an even
number may water on evennumbered days. Multi-family residences,businesseswith
multiple addresses, townhomeassociationswithmultiple addresses, and properties
without an apparent address may water on odd numbered days.
C.In additionto the permanent restrictions on lawn sprinkling outlined above, the
Commission has designatedtothe General Managertheauthorityto impose additional
temporary water use restrictions, such as a watering ban,until the Commission can meet
to consider a resolution imposingtemporary restrictions.
These restrictions shall apply only to the use of water supplied by Elk River Municipal Utilities
and shall not apply to water from private wells, whether those wells arelocated inside or outside
of the Elk River Municipal Utilities water service area. However, all property owners utilizing a
private well for lawn sprinklingare stronglyencouraged to follow the time-of-day and odd/even
restrictions.
______________________________________________________________________________
Page1of2
153
ERMU CommissionPolicyG.4o1 Water Use Restrictions
______________________________________________________________________________
3.0EXEMPTIONS
Although the followingare exempt fromthewater use restrictions,users are encouraged to
employ water efficiencytothe greatest extent possible.
A.Wateringofshrubs,flowers, or otherlandscaping vegetation is permittedwhen done by
hand and thewatering device is personallytended.
B.Property owners with new sod, seed, or landscaping do not need to follow the odd-even
restrictions during thefirst30 days after planting. However, they must still abide bythe
midday ban from 10:00 a.m. to 6:00 p.m.
C.Property ownerswho intermittently use their outdoor water system exclusively for
recreationaluse such a filling aswimming poolor washing a vehicleare exempt from the
restrictions.
D.City andschool athletic fields, golf courses, commercial nurseries,agriculturaland
horticulturalbusinesses are exempt fromtherestrictions.
4.0PENALTIES
Failure to comply withwater use restrictionsis a violation ofCity Code.In accordancewith
Section 78-52of the City of Elk River City CodeofOrdinances, fees and penalties for non-
compliance may be assessedto the offending person, firm, corporation, or association.
POLICY HISTORY:
Adopted:May19,1998
Revised: July 14, 2009
Revised:August 11, 2009
Revised: July 12, 2011
Revised:August 10, 2021
______________________________________________________________________________
Page 2of2
154
COMMISSIONPOLICY
Section:Category:
GovernanceDelegation to Management Policies
Policy Reference:Policy Title:
G.4rMutual Aid
1.0POLICY
In the eventif a natural disaster or catastrophic event resulting in the compromise of water or
electric uRiver Municipal
Utilities may be contacted through utility associations, utility companies or cities to provide
assistance. This request for assistance may be that of labor or equipmentresources. At the
discretion of the Utility Management, resources may be dispatched in such a way as to not
compromise Elk River Municipal Utilities or their customers.
HISTORY:
AdoptedFebruary 24, 2009
______________________________________________________________________________
Page 1of1
155
2022GOVERNANCE AGENDA
Tuesday, January 11:Tuesday, February 8:
Annual Review of Committee ChartersReview Strategic Plan and 2021 Annual
Business Plan Results
Tuesday, March 8:Tuesday, April 12:
Oath of OfficeAudit of 2021 Financial Report
Election of OfficersFinancial Reserves Allocations
Annual Commissioner Orientation and Review Review 2021 Performance Metrics
Governance Responsibilities and Role
Tuesday, May 10:Tuesday, June 14:
Annual General Manager Performance
Evaluation and Goal Setting
Tuesday, July 12:Tuesday, August 9:
Annual Commission Performance Evaluation Annual Business Plan – Review Proposed 2023
Travel, Training, Dues, Subscriptions, and Fees
Review and Update Strategic Plan
Budget
Tuesday, September 13:Tuesday, October 11:
Annual Business Plan – Review Proposed 2023 Annual Business Plan – Review Proposed 2023
Capital Projects Budget Expenses Budget
Tuesday, November 8:Tuesday, December 13:
Annual Business Plan - Review Proposed 2023 Adopt 2023 Official Depository and Delegate
Rates and Other RevenueAuthority for Electronic Funds Transfers
Adopt 2023 Fee ScheduleDesignate Official 2023 Newspaper
2023 Stakeholder Communication Plan Approve 2023 Regular Meeting Schedule
Adopt 2023 Governance Agenda
Adopt 2023 Annual Business Plan
156
2022Organizational Chart
Last Updated February 1, 2022
46 of 48 FTE
Electric & Water
Customers
Utilities
Commission
General Manager
Operations Administrations
DirectorDirector (Vacant)
Executive
Conservation &
Engineering
Water Technical Services Electric Customer Service
Finance Manager
HR GeneralistAdministrative
Key Accounts
Manager
Superintendent SuperintendentSuperintendent Manager
Manager
Manager
Communications
Line Crew
Lead Water GIS/Mapping
Accountant
& Admin
IT/OT Technician
Billing Specialist
Foreperson
Operator Technician
Coordinator
Electrical Credit &
AP/PR Specialist
Lead Lineworker Lineworker
Water Operator Technician / Collections
Electrician Specialist
Electrical Customer Service
Lead Lineworker Lineworker
Water Operator
Technician Representative
Water Utility
Customer Service
Lead Lineworker Lineworker
Locator
Worker
Representative
Customer Service
Lead Lineworker Lineworker
Locator
Representative
Substation
Customer Service
LineworkerLineworker
Apparatus
Representative
Technician
Field Crew
Foreperson
Lead Bore Rig
Bore Rig Operator
Operator
Inventory &
Procurement
Foreperson
Inventory
Assistant
(Vacant)
157
158
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160
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aĻğƌƭ
Food allowances are actual expenditures for meals and gratuity, excluding alcoholic beverages.
When employees travel and incur expenses to be reimbursed for meals, please use the following
guidelines for spending. This spending amount is
for general spending of travelling individuals. LƷĻƒźǩĻķ ƩĻĭĻźƦƷƭ ƒǒƭƷ ĬĻ ƭǒĬƒźƷƷĻķ ŅƚƩ
ƩĻźƒĬǒƩƭĻƒĻƓƷ͵
When travelling for the entire day, the maximum to be reimbursed per day is $55. That can be
distributed as $10 for breakfast, $20 for lunch, and $25 for dinner. This distribution per day is
variable, as long as the maximum is not exceeded. For example, if $5 is spent on breakfast, $30
could be spent on dinner. If there are multiple days involved, the distribution per days is also
variable. For example, if $45 is spent one day, $65 could be spent the next day.
If you are travelling for a partial day, and only one or two meals are involved, please use the
guideline amounts per meal: $10 for breakfast, $20 for lunch, and $25 for dinner.
If you are at an event where the meal is provided and included in the fee for the event, please have
that meal unless there are extenuating circumstances why you cannot (such as allergies to certain
foods.)
Additionally, the IRS has established per diems for specific geographic areas of high cost. High cost
areas are $76 per day, versus $55. So the per diem amount is different for Washington, DC (a
designated high cost area) than Elk River, MN. If you are travelling to areas outside of Minnesota,
and are concerned you may be visiting a high cost area, please feel free to visit the IRS website for a
listing of these areas.
aźƌĻğŭĻ
The 2022 business mileage reimbursement rate is 58.5 cents per mile.
/ƚƒƦĻƓƭğƷźƚƓ
Members of the Commission representing ERMU at meetings/conferences that are in addition to
the commission meetings will receive a $75 per day stipend.
1/1/2022
161
UTILITIES COMMISSION MEETING
TO: FROM:
ERMU Commission Theresa Slominski –General Manager
MEETING DATE: AGENDA ITEM NUMBER:
March8, 2022 4.2
SUBJECT:
Downtown Streetlights
ACTION REQUESTED:
Discussion on Downtown Elk River Business Association and Utility relationship.
BACKGROUND:
Last fall theDowntown Elk River Business Association (DERBA) approached ERMUrequesting
wreaths to be hung on the streetlights during the Christmas season. ERMU agreed to work with
the DERBA to see if they could find decorations that would work with the streetlights and sent a
memo summarizing all decorations attached to the streetlights noting that ERMU would bill the
DERBA for the labor involved with hanging and removing the decorations (that October 4, 2021
memo is attached).
At the February 8 Commission meeting, Chair John Dietz brought forward a request from the
DERBA/Jennifer Wagner to have the Utility donate the labor to hang and remove the wreath
decorations rather than invoice the DERBA.
DISCUSSION:
In 2012, ERMU and the City agreed to a memorandum of understanding regarding the
streetlights (attached for reference). In the memorandum it is noted that “The Utilities will
provide as a contribution to the City all material costs and labor associated with the
maintenance of street lights located within the Utilities’ electric service territory within the City
of Elk River, Minnesota. The maintenance of streetlights will include lamping, ballasts, painting,
and the locating of associated underground facilities.” ERMU also donates the electricity for the
streetlights.
ERMU is trying to protect our investment by limiting the items attached to the streetlights and
limiting who is attaching these items. Since the streetlights have been installed in downtown,
brackets have been added for hanging plants, banners, and recently Christmas decorations.
The Utility has gone above and beyond the original understanding in working with the DERBA
(which is not a direct City department) to accommodate the beautification efforts of
downtown. For the record, ERMU believes these three attachments to the streetlights is the
appropriate limit to avoid additional wear and tear/maintenance.
In our Commission Policy G.2a Commission-City Council Relationship and Roles (attached),
Page 1 of 2
175
it isstated that “It is the intent of the Commission to align its governance structuresand
processes with the city in ways that will realize opportunities for greater value.” It also states,
“In approving or allowing other donations such as labor, street lighting, and water for fire
suppression, the Commission will subscribe to the philosophy that it is providing value to the
community and not just shifting costs from one entity to the other.” The Utility desires to work
with the City to be supportive and provide value. However, the City is indirectly connected to
many organizations like the Chamber of Commerce, Great River Regional Library, ISD 728, etc.
If an exception is granted for DERBA this could be opening the door for other organizations not
directly connected to the City to do the same and stretch the resources of the Utility.
The basis of charging the DERBA was that it is not a City department but a separate
organization. If the Commission desires to determine a different approach for organizations not
directly affiliated with the City, ERMU would be competing for resources needed for the
Utilities’ business and that is outside of current policy. The Commission Policy G.2a1 Payment in
Lieu of Taxes and Other Donations to the City of Elk River (attached) identifies donated labor as
part of the policy however, it specifically states to the “City of Elk River.”
ATTACHMENTS:
October 4, 2021 Memo to DERBA regarding decorations attached to ERMU owned lights
in downtown Elk River
Memorandum of Understanding Regarding Street Light Installation and Maintenance
Between Elk River Municipal Utilities and The City of Elk River, Minnesota
Commission Policy G.2a - Commission-City Council Relationships and Roles
Commission Policy G.2a1 - Payment in Lieu of Taxes and Other Donations to the City of
Elk River
Page 2 of 2
176
MEMORANDUM
TO:Downtown Elk River Business Association
FROM: Elk River Municipal Utilities
DATE: October 4, 2021
SUBJECT: Decorations Attached to ERMU Owned Lights in Downtown Elk River
Background:
In 2019 ERMU purchased and installed 44 decorative lights along Main Street. The lights are valued at
$5,400 each for a total value of $237,600. ERMU also pays for the electricity for each light pole as part of
the Payment In Lieu Of Taxes (PILOT). Finally, ERMU is responsible for the ongoing maintenance
including lamp replacements, painting, and general repairs.
Each light pole can have one bracket attachment mounted on it. These brackets were purchased by the
downtown business association to allow for the mounting of decorations. Currently there are pennant
banners orflag banners andhanging flower baskets being displayed. The brackets purchased are
specifically designed for the light poles and were initially mounted by ERMU in a manner that complies
with local and state safety requirements.They are currently mounted at the minimum height from the
level of the street or sidewalk. The current locations of the brackets willnot be altered for new
decorations because of the wear and tear on the bracket fixtures and the poles they are attached to.
Since the hanging baskets will be removed during the winter months there has been a request to
explore other options for decorations and access to the electrical outlets on each pole during the time
when flower baskets are not being used.
Decoration Specifications:
The bracket that was installed for the flower baskets cansupport a weight of 60 pounds. Any decoration
hung from the basket used for flower baskets will not hang down more than 36 inches from the support
bracket. Zip ties, duct tape, and electrical tape will not be allowed as fasteners for any decorations.
Wrapping the poles in garland or small LED lights will not be allowed. Any lights that are utilized for the
decorations will not exceed 15 watts per decoration of electric capacity.
For the installation of any decorations and connection to the electrical sockets on the lightpoles
installed along Main Street ERMU will charge the Downtown Business Association $220/hour for crew
and equipment time. The Downtown Business Association will submit the installation plans along with
the specifications for the decorations prior to the purchase and installation of decorations. ERMU
Director of Operations must review proposed decorationsand equipment used to attach the
decorations to the pole prior to the purchase and installation to ensure that they can be attached
securely and appropriately.
177
178
179
COMMISSION POLICY
Section:Category:
GovernanceGovernance Policies
Policy Reference:Policy Title:
CommissionCity Council Relationship
G.2a
and Roles
PURPOSE:
With this policy, the Commission describes its role in relation to the Elk River City Council and
the way in which it desires to interact with the City Council.
POLICY:
The Commission and the City Council share the responsibility for ensuring effective governance
ustomers. The
Commission desires to maintain a working relationship with the City Council that will enable
both bodies to coordinate and carry out their separate responsibilities so that ERMU is governed
with excellence.
Although governed autonomously by
City government. This creates opportunities for bringing greater value to the stakeholders of
both the City and ERMU through a hybrid of municipal utilities and city governance. It is the
intent of the Commission to align itsgovernance structures and processes with the city in ways
that will realize opportunities for greater value.
Consistent with the preceding, the Commission will:
1. Routinely monitor, evaluate, and strive to improve its performance, keeping the City Council
governance with respect to the following:
a.Compliance with legal and fiduciary responsibilities;
b.Compliance with Commission-established Governance policies that are periodically
results, governance, and management.
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ERMU Commission Policy G.2a Commission City Council Relationship and Roles
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2.
repr
economic development.
3. Provide an opportunity for the City Council to meet jointly with the Commission at least
once every three (3) years. The meeting will be held following completion of the annual
independent financial audit. The focus of this joint meeting will be a report by the
fiscal year, along with an opportunity for the Council to provide input to the Commission on
matters related to planning and budgeting for the next fiscal year. The Commission may
request or recommend additional joint meetings for other specific purposes.
4. Develop, update as necessary, and provide to the Mayor and City Council documentation that
is intended to ensure the appointment of qualified and committed ERMU Commissioners.
Such documentation will include relevant knowledge and experience, core competencies, and
character traits that are consistent w
effective governance.
information to appoint persons who are appropriately qualified and well-informed about the
expectations for service as a Commissioner.
5.
condition with respect to voluntary payments in lieu of taxes (PILOT) and other donations of
services from the ERMU utility enterprises to the City that are likely to have material
financial consequences for both entities. The Commission will inform the City Council
promptly of any material changes in the PILOT and other donations. Further, the
Commission will use a process for determining PILOT and other financial donations to the
City that is transparent, consistent with state and national benchmarking comparisons,
forecasted and budgeted, and with a mutually understood methodology. In approving or
allowing other donations such as labor, street lighting, and water for fire suppression, the
Commission will subscribe to the philosophy that it is providing value to the community and
not just shifting costs from one entity to the other.
POLICY HISTORY:
Adopted May 9, 2017
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COMMISSIONPOLICY
Section:Category:
GovernanceGovernance Policies
Policy Reference:Policy Title:
Payment in Lieu of Taxes and Other
G.2a1
Donations to the City of Elk River
PURPOSE:
The success of ERMU is linked with the success of our community. And the success of our
community is linked with the operation of our city government and ERMU. ERMU was
purchased by the City of Elk River in 1945 and separate governance was created per State
Statute in 1947. Although governedseparately, ERMU is still an important component of our
local government and our city services.
It is typical for a municipal utility to provide a Payment in Lieu of Taxes (PILOT) and other
donations to their city, regardless of a separation of governance. Although typical, this
become non-competitive, or inhibit needed investment in personnel or infrastructure which may
r customers. For these reasons the PILOT and other
donations should be reviewed at least once every five (5) years by the ERMU Commission.
POLICY:
The PILOT and other donations to the City of Elk River shall be as follows:
1.Payment in Lieu of Taxes (PILOT)The PILOT transfer from Elk River Municipal Utilities
electric customers,except customers qualifying for the Transmission TransformedService
rate,within the corporate boundaries of the City of Elk River.
For the customers that qualify for the Transmission TransformedServicerate,thePILOT
transfer from ERMU to the City of Elk Rivershall befour percent (4%) of themargin
remaining from the evenly split charge per kWh to cover dispatching,billing, and
administrative costsincurredby the wholesale power provider and ERMU.
2.Donated ElectricityElk River Municipal Utilities shall donate all electricity to the City of
Elk River for street lights and signal lights.
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ERMU Commission PolicyG.2a1Payment in Lieu of Taxes and Other Donations to the City
of Elk River
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3.Donated WaterElk River Municipal Utilities shall donate water for use by the Elk River
Fire Department (ERFD) for the purpose of extinguishing fires within the City of Elk River
and other cities under contract with the ERFD.
For the purpose of creating ice rinks for public/ non-enterprise use, ERMU shall donate water
for use by the Elk River Parks Department.
Elk River Municipal Utilities shall donate water for the use by the Elk River Streets
Department for the use of street sweeping.
4.Donated LaborBecause of specialized skills and equipment, ERMU may be able to provide
a better value to our community by donating labor to the City of Elk River. For example,
ERMU has trained employees and the equipment to hang banners where the City does not.
In this example, ERMU is able to provide this donated service to the City for less cost than a
third party, creating greater value to our community. For such situations, ERMU shall donate
labor to the City of Elk River, as appropriate, where a greater value is created for our
community and where ERMU is not subjected to undue burden.
In addition to hanging banners, other examples include: maintenance of street lighting,
relamping signal lights, locating underground fiber optics and/or other facilities,
administration costs associated with the billing of city franchise fees, installation of
temporary lighting, relamping of city ball field lighting, installation and/or maintenance of
POLICY HISTORY:
Adopted December 6, 1994
Revised June 6, 2008
Revised July 2, 2013
Revised October 13, 2015
Revised January 1, 2016
Revised October 8, 2019
Revised May 11, 2021
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UTILITIES COMMISSION MEETING
TO:FROM:
ERMU Commission Melissa Karpinski –Finance Manager
MEETING DATE: AGENDA ITEM NUMBER:
March 8, 2022 5.1
SUBJECT:
Financial Report – January 2022
ACTION REQUESTED:
Receive the January 2022Financial Report
DISCUSSION:
Please note that these are the preliminary unaudited financial statements.
Electric
January’s electric kWh sales are downfrom the prior year, 8%. For further breakdown:
Residential usage is down 14%
Small Commercial usage is down 3%
Large Commercial usage is down 5%
Electric Operating Revenues for January of $2,884,427 are less thanthe prior year by 6% and
unfavorable to budget by 10%.
Other Revenues of $142,839 are more than the prior year by 3% but are unfavorable to budget
by 18%.
Overall, Total Revenues of $3,027,267 are less than the prior year by 6% and unfavorable to
budget by 10%.
Purchased Power of $2,358,373 is morethan the prior year by 17%, andunfavorable to budget
by 16%. EAC charge is $193,543 more than prior year and $227,606 more than budget.
Administrative Expenses of $416,394 are inline with the prior yearand favorable to budget by
7%.
General Expenses of $30,818 are 54% more than the prior year but are favorable to budget by
37%.
For expenses, in total they are 13% more than the prior year and are unfavorable to budget by
7%. The main driver causing the prior year and budget variance is Purchased Power.
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For January 2022, the Electric Department has a Net Lossof ($501,866). This is behindthe
budgeted Net Profitof $60,190andisless than the prior year Net Profitof $92,919.
Water
January gallons of water sold are down 10% fromthe prior year. For further breakdown:
Residential use is down 17%
Commercial use is down 2%
Water Operating Revenues for Januaryof $128,998are less than the prior year by 5% and
unfavorable to budget by 1%.
Other Revenues of $47,988 are less than the prior yearby 35% and unfavorable tobudget by
34%. The main driver of the prior year variance is Water Access Charges.
Overall, Total Revenues of $176,986 are less than the prior year by 16% and areunfavorable to
budget by 13%.
Total Expenses of $261,126 are more than the prior year by 2% butare favorable to budget by
9%.
For January 2022, the Water Department has a Net Lossof ($84,139) (typical for the water
department). This is slightly behind the budgeted Net Loss of ($82,406) and behind last year’s
Net Loss of ($45,490).
ATTACHMENTS:
Balance Sheet 01.2022
ElectricBalance Sheet 01.2022
Water Balance Sheet 01.2022
Summary Electric Statement of Revenues, Expenses and Changes in Net Position
01.2022
Summary Water Statement of Revenues, Expenses and Changes in Net Position 01.2022
Graphs Prior Year and YTD 2022
Detailed Electric Statement of Revenues, Expenses and Changes in Net Position 01.2022
Detailed Water Statement of Revenues, Expenses and Changes in Net Position 01.2022
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185
ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
COMBINED BALANCE SHEET
FOR PERIOD ENDING JANUARY 2022
ELECTRICWATER
ASSETS
CURRENT ASSETS
CASH18,345,0749,334,148
ACCOUNTS RECEIVABLE2,675,981268,148
INVENTORIES1,009,66821,598
PREPAID ITEMS276,93247,614
CONSTRUCTION IN PROGRESS6,826,835202,971
TOTAL CURRENT ASSETS29,134,4919,874,479
RESTRICTED ASSETS
BOND RESERVE FUND1,779,0160
EMERGENCY RESERVE FUND2,844,5561,339,580
UNRESTRICTED RESERVE FUND00
TOTAL RESTRICTED ASSETS4,623,5721,339,580
FIXED ASSETS
PRODUCTION788,76114,850,406
LFG PROJECT3,851,4420
TRANSMISSION2,305,0240
DISTRIBUTION45,159,44225,610,706
GENERAL11,778,6961,070,546
FIXED ASSETS (COST)63,883,36441,531,658
LESS ACCUMULATED DEPRECIATION(33,937,682)(21,082,642)
TOTAL FIXED ASSETS, NET29,945,68220,449,016
INTANGIBLE ASSETS
POWER AGENCY MEMBERSHIP BUY-IN21,546,2120
LOSS OF REVENUE INTANGIBLE4,349,6530
LESS ACCUMULATED AMORTIZATION(2,225,966)0
TOTAL INTANGIBLE ASSETS, NET23,669,8980
OTHER ASSETS AND DEFERRED OUTFLOWS277,00143,701
TOTAL ASSETS 87,650,64431,706,776
LIABILITIES AND FUND EQUITY
CURRENT LIABILITIES
ACCOUNTS PAYABLE5,529,460720,858
SALARIES AND BENEFITS PAYABLE558,094136,870
DUE TO CITY961,38730,569
DUE TO OTHER FUNDS00
NOTES PAYABLE-CURRENT PORTION191,6970
BONDS PAYABLE-CURRENT PORTION1,055,000320,000
UNEARNED REVENUE10,588145,157
TOTAL CURRENT LIABILITIES8,306,2261,353,455
LONG TERM LIABILITIES
OPEB LIABILITY00
LFG PROJECT00
DUE TO COUNTY00
DUE TO CITY90,72022,680
BONDS PAYABLE, LESS CURRENT PORTION30,244,9981,694,693
PENSION LIABILITIES2,791,010446,537
TOTAL LONG TERM LIABILITIES33,126,7282,163,910
TOTAL LIABILITIES 41,432,9543,517,365
DEFERRED INFLOWS OF RESOURCES140,16021,807
FUND EQUITY
CAPITAL ACCOUNT CONST COST1,779,0160
CONTRIBUTED CAPITAL00
RETAINED EARNINGS44,800,38028,251,744
NET INCOME (LOSS) (THROUGH PREVIOUS MONTH)(501,866)(84,140)
TOTAL FUND EQUITY46,077,53028,167,604
TOTAL LIABILITIES & FUND EQUITY 87,650,64431,706,776
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ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
ELECTRIC BALANCE SHEET
Current Month
Change from
January 31, 2022December 31, 2021
Prior Month
ASSETS
CURRENT ASSETS
CASH18,345,07418,838,262(493,188)
ACCOUNTS RECEIVABLE2,675,9813,681,588(1,005,607)
INVENTORIES1,009,668893,268116,400
PREPAID ITEMS276,932260,23416,698
CONSTRUCTION IN PROGRESS6,826,8356,993,891(167,056)
TOTAL CURRENT ASSETS29,134,49130,667,244(1,532,753)
RESTRICTED ASSETS
BOND RESERVE FUND1,779,0161,779,0160
EMERGENCY RESERVE FUND2,844,5562,842,6921,864
TOTAL RESTRICTED ASSETS4,623,5724,621,7081,864
FIXED ASSETS
PRODUCTION788,761788,7610
LFG PROJECT3,851,4423,851,4420
TRANSMISSION2,305,0242,305,0240
DISTRIBUTION45,159,44245,132,83226,610
GENERAL11,778,69611,505,515273,181
FIXED ASSETS (COST)63,883,36463,583,573299,791
LESS ACCUMULATED DEPRECIATION(33,937,682)(33,743,650)(194,031)
TOTAL FIXED ASSETS, NET29,945,68229,839,922105,760
INTANGIBLE ASSETS
POWER AGENCY MEMBERSHIP BUY-IN21,546,21221,546,2120
LOSS OF REVENUE INTANGIBLE4,349,6534,349,6530
LESS ACCUMULATED AMORTIZATION(2,225,966)(2,170,288)(55,678)
TOTAL INTANGIBLE ASSETS, NET23,669,89823,725,576(55,678)
OTHER ASSETS AND DEFERRED OUTFLOWS277,001277,0010
87,650,64489,131,451(1,480,807)
TOTAL ASSETS
LIABILITIES AND FUND EQUITY
CURRENT LIABILITIES
ACCOUNTS PAYABLE5,529,4606,533,242(1,003,781)
SALARIES AND BENEFITS PAYABLE558,094512,50045,594
DUE TO CITY961,387968,343(6,956)
NOTES PAYABLE-CURRENT PORTION191,697209,124(17,427)
BONDS PAYABLE-CURRENT PORTION1,055,0001,055,0000
UNEARNED REVENUE10,5881,0679,521
TOTAL CURRENT LIABILITIES8,306,2269,279,275(973,049)
LONG TERM LIABILITIES
DUE TO CITY90,72090,7200
BONDS PAYABLE, LESS CURRENT PORTION30,244,99830,250,890(5,892)
PENSION LIABILITIES2,791,0102,791,0100
TOTAL LONG TERM LIABILITIES33,126,72833,132,620(5,892)
41,432,95442,411,895(978,941)
TOTAL LIABILITIES
DEFERRED INFLOWS OF RESOURCES140,160140,1600
FUND EQUITY
CAPITAL ACCOUNT CONST COST1,779,0161,779,0160
RETAINED EARNINGS44,800,38043,169,3590
NET INCOME (LOSS) (THROUGH PREVIOUS MONTH)(501,866)1,631,021(2,132,887)
TOTAL FUND EQUITY46,077,53046,579,396(501,866)
87,650,64489,131,451(1,480,807)
TOTAL LIABILITIES & FUND EQUITY
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ELK RIVER MUNICIPAL UTILITIES
ELK RIVER, MINNESOTA
WATER BALANCE SHEET
Current Month
Change from
January 31, 2022December 31, 2021
Prior Month
ASSETS
CURRENT ASSETS
9,334,1489,467,782(133,634)
CASH
268,148342,190(74,042)
ACCOUNTS RECEIVABLE
21,59821,604(5)
INVENTORIES
PREPAID ITEMS47,61447,618(4)
CONSTRUCTION IN PROGRESS202,971249,708(46,736)
TOTAL CURRENT ASSETS9,874,47910,128,901(254,422)
RESTRICTED ASSETS
EMERGENCY RESERVE FUND1,339,5801,339,114466
TOTAL RESTRICTED ASSETS1,339,5801,339,114466
FIXED ASSETS
PRODUCTION14,850,40614,850,4060
DISTRIBUTION25,610,70625,610,7060
GENERAL1,070,5461,070,5460
FIXED ASSETS (COST)41,531,65841,531,6580
LESS ACCUMULATED DEPRECIATION(21,082,642)(20,990,144)(92,498)
TOTAL FIXED ASSETS, NET20,449,01620,541,515(92,498)
INTANGIBLE ASSETS
OTHER ASSETS AND DEFERRED OUTFLOWS43,70143,7010
TOTAL ASSETS 31,706,77632,053,230(346,454)
LIABILITIES AND FUND EQUITY
CURRENT LIABILITIES
ACCOUNTS PAYABLE720,858845,505(124,647)
SALARIES AND BENEFITS PAYABLE136,870124,20012,671
DUE TO CITY30,569112,767(82,198)
BONDS PAYABLE-CURRENT PORTION320,000320,0000
UNEARNED REVENUE145,157212,743(67,586)
TOTAL CURRENT LIABILITIES1,353,4551,615,215(261,760)
LONG TERM LIABILITIES
DUE TO CITY22,68022,6800
BONDS PAYABLE, LESS CURRENT PORTION1,694,6931,695,247(554)
PENSION LIABILITIES446,537446,5370
TOTAL LONG TERM LIABILITIES2,163,9102,164,464(554)
TOTAL LIABILITIES 3,517,3653,779,679(262,314)
DEFERRED INFLOWS OF RESOURCES21,80721,8070
FUND EQUITY
RETAINED EARNINGS28,251,74426,706,9990
NET INCOME (LOSS) (THROUGH PREVIOUS MONTH)(84,140)1,544,745(1,628,885)
TOTAL FUND EQUITY28,167,60428,251,744(84,140)
TOTAL LIABILITIES & FUND EQUITY 31,706,77632,053,230(346,454)
188