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10.2 SR 06-20-2023Request for Action To Item Number Ma Tor and CinT Council 10.2 Agenda Section Meeting Date Prepared by Work Session June 20, 2023 Cal Pormer, Cit�T Administrator Item Description Reviewed by Personnel Polic�T Manual Update Lauren Wi er, HR Mana er Reviewed by Action Requested Discuss and provide staff direction. Background/Discussion The cityT Personnel PolicyT ManuallargelyT follo�us the League of 1�linnesota Cities (LMC) template and includes sections on emplo�Tment expectations, separation from emplo�Tment, leave and general benefits, cityT policies, labor relations, safetyT, and conduct. The LMC provides policyT updates to cities as state and federal law changes occur, `vhich supersede cityT policyT, and when new best practices are identified. The cityr updates the manual Youghly everyr 2-3 years, the last being in late 2020. With numerous adjustments and employTment practice changes since the pandemic era as `vell as benefit changes since resulting from collective bargaining the Council is asked to provide policyT direction as staff updates personnel policies. Financial Impact N/A Mission/Policy/Goal Elk River Cit�T Mission Attachments ■ Update Items The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Up�iited.• August 2020 Sick Leave (RHCSP) (pg. 17?) Leave balances will be checked on the last pa�T dayT in October of each y ear. • If Employee is at or over 960 accrued sick hours, they will begin accruing leave at the rate of eight (8) da�rs per y ear on the first payT da�T in November. • If Employ ee is under 960 accrued sick hours, they will remain accruing at the rate of t�velve (12) day s per �Tear. When balances are checked on the last pa�T dayT in October the follo�ving y ear, emplo�rees accruing at the eight (8) days peY yreaY Yate shall have one-half (1 /2) of the pYevious yeaY's accYued hours paid into Employee's Post Employment Health Care Savings Plan and the remaining half ��ill remain in the employee's sick leave bank. (ie: If you begin the yTear at the eight (8)-day accrual rate half of your year's accrual will be paid into your PEHCSP at the end of the yTear and the other half will remain in yTour bank.) If the balance is below 960 when checked the following year, the employee returns to the twelve (12) days per year accrual rate. Employees are not eligible for HCSP payTment when accruing at the t�uelve (12) days per year rate and all unused accrued hours remain in their bank. If the balance is at oY above 960 when checked, theyr move to oY Yemain in the eight (8) day peY yreaY accrual plan. For the purpose of implementing this plan, the leave balances will be checked on the first pay dayT following the CityT Council approval and the terms above will apply going forward, not retroactively. Severance (pg. 14) �n em�lo�-ee resigriing em�lo�-ment ma�- be eli�ible tor a cash �a�-ment for a�ortion of Luiused sick lea�re if the following conditions are met: ■ The em�lo�ree must leave in good standing, not teYminated bti� the cittr; and ■ S/he must �rovide �ro�er notice of resignation as stated above, with cittT administrator discretion; and ■ S/he must execute a release of claims; � f - ,a:�: � ,.�. � � � . , . . ,; ,; Payrment shall be based on the consecutive years of lea�-e-eligible service completed b�T the em�lo�ree and his/her �accrued sick leave balance. An employee separating after completing five (5) yTears of consecutive service `vill receive payTment as outlined below. Payrment shall be at the curYent rate of pay when the resignation is submitted. 5-9 consecutive yTears of service 40% of up to 960 hours 10 or more consecutive yTears of service 50% of hours up to 960 hours 15-19 consecutive years of service 60% of up to 960 hours 20-24 consecutive y ears of service 65% of up to 960 hours 25-29 consecutive y ears of service 70% of up to 960 hours 30-32 consecutive y ears of service 75% of up to 960 hours 33 or more consecutive �rears of service 80% of up to 960 hours SeveYance will be paid in accoYdance with the timeline outlined in the Yelease of claims. An�r accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible for pa�rment EmployTees mayT continue to accumulate sick leave in excess of nine hundred sixt�r (960) hours to be used in accordance with the Famil�T Medical Leave Act. Due to unforeseen circumstances and in his/her sole discretion, the cityT administrator mayT grant exceptions to �ke - . _ . - - .pro�ride �artial �a�-out �rior to fi�re (� �-ears of ser�rice. In the event of an employee death, payment of this benefit consistent with this AYticle mayr be approved by the city administrator if the employee would have been eligible for cash payment under the severance policy. Lea�e Benefits The city provides leaves of absence according to the follo��ing policies. A I�equestfoT�L.�ave ofAl�sence form must be completed for foreseeable leaves other than vacation. Forms aYe available on Access Elk River or from Human Resources. When possible, advance notice of a leave should be provided to the employTee's department director so woYk schedules can be adjusted accordingly. Depending upon an employTee's situation, more than one form of leave mayT applyT during the same period (e.g., the Famil�T and Medical Leave Act is likelyT to applyT during a�vorkers' compensation absence). An employTee will need to meet the requirements of each form of leave separatelyT. Leave requests will be evaluated on a case-byT-case basis. Employees �r�shall recoYd woYked hours oY use only one ty�pe of paid leave foY each scheduled woYk houY. Time off ��-ithout �a�- is not allo�-ed outside of the le��re �olicies belo«�. Except as otherwise stated, all paid time off taken under any of the cityT's leave programs must be taken consecutivelyT, `vith no intervening unpaid leave. The cityT will provide employTees `vith time a`vayT from work as Yequired by state oY fedeYal statutes if theYe aYe YequiYements foY such time off that aYe not described in the personnel policies. Vacation (pg. 16) Employees hired after January 1, 2021, shall accrue 120 ��orking hours per year at the start of eligible employment through the completion of their ninth (9th) year. They may carryT more than 120 hours of vacation leave during a `Tear but ma�T not carr�T more than their annual accrual amount forward to the next calendar ,_�. Em�lo�rees with feweY than eig�8� tirears of service as of �anua ,r�, 2021, who elected to Yeduce their annual caYr�roveY Yate in return foY the 120-hour annual accrual ma,�r�r moYe than 120 hours of vacation leave during a tireaY but mayr not carr�r moYe than their annual accYual amount forwaYd to the next calendaY �reaY. _ ����.��r.s�� 40/40/40 Vacation Payout Option (� .g I6?� Em�lo�rees ma,r� rec�uest a one-time �eY �rear �a�rout of fort�,�40) hours of accumulated vacation afteY taking at least fort�,�40) hours of vacation leave �rovided that after the reduction of the eight�(80) hours the em�lo�ree retains a minimum vacation balance of fort�,�40) hours. The irrevocable election to take the 40/40/40 o�tion must be made b�T the end of the �Tear �rior to taking the vacation. The vacation �a`rout will occur the �a�period following the com�leted vacation �vhen the em�lo�Tee's balance is over fort�,�40) hours. Holidays (pg. 19) Regular, fulltime employees shall receive eight 8� hours pay for the following holidays: New Year's Day Martin Luther King DayT President's Da�T Memorial Da�T Labor Day Veteran's Day Thanksgiving DayT The dayT after Thanksgiving uneteenth Christmas Eve Day Independence Day Christmas Day Emergency Closing (pg. 37) .- .- -- -- City facilities and functions `vill generallyT be open for business and continue during adverse weather. In the event of advance notice `veather-related closures b�T other agencies i.e. schools and da,Tc�� travel conditions, or similar the cit�T administrator ma,��prove remote work for eligible administrative em�lo,r� ees. Retiree Health Savings Program (pg. 32?) Establish Directors Group for severance pay Establish Su�ef-� isors and Managers GYoup with pay to be determined. Equal Employment Opportunity (pg. 2) The CityT of Elk River is committed to providing equal opportunityT in all areas of employTment, including but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay-off, disciplinaryT action, termination, compensation, and selection for training. The cityT �vill not discriminate against anyT emplo�Tee or job applicant on the basis of Yace (including traits associated «�ith race, u�cludin�, but not limited to, hait tezture and hair st�-les such as braids, locs and t«-ists), coloY, cYeed, religion, national origin, ancestryr, sex, sexual orientation, gender identit�r, oY gender expression, disability, age, marital status, genetic information, status `vith regard to public assistance, veteran status, familial status, or membership on a local human rights commission, or la`vful participation in the iVlinnesota Medical Cannabis Patient RegistryT. Reasonable ��Work Time for Nursing Mothers (pg. 27) NuYsing mothers are provided Yeasonable �break time to express rnilk for her infant child duru�g the t��-el�re months tollowin� the birth of the child, unless it would cause undue business disru�tion. The �aid break times must, if �ossible, run concurrentl�- «�ith ���- break time a]read,�ro�rided. The city will provide a private Yoom (otheY than a Yestroom) as close as possible to the employee's work area with access to an electrical outlet. Athletic Leave of Absence (pg 30?) An employee who qualifies as a member of the United State team for athletic competition on the world chamaionshia. Pan American, or Olvmaic team in a saort sanctioned bv the International Olvmaic Committee shall be �ranted a leave of absence without loss of pay or other benefits for the purpose of preparin� for and en�a�in� in the competition. In no event shall the paid leave exceed the period of ofFicial trainin� camp and competition combined, or 90 calendar days a year, whichever is less. The employee shall provide documentation establishin� their participation on said team and in said event. Work Week (pg. 6) Work schedules will be established by the appropriate department director with the approval of the cityT administrator. The regular workweek for regular full-time employTees is forty (40) hours per week. The regular worktiveek for regular part-time emplo�Tees is less than 40 hours per `veek. Unless other�vise provided, the normal `vorkda�T will begin at 8:00 a.m. and end at 4:30 p.m. The normal work�veek will consist of five consecutive workdayTs, Monda�T through FridayT. Em�lo�-ees shall account for each hour of their work ��eek b�- workin� or utilizu�� leave time. (See Lea� e Benefits below) Em�lo�rees shall not take time off without �av unless it falls within the leave benefits �rovided. Overtime and Compensatory Time for Non-Exempt Employees The Cit�r Council considers and approves projected overtime expenses in the annual budget process. Department directors and division managers must manage overtime costs in accordance with their budget and exceptions must be communicated in `vriting to the cityT administrator. Overtime All employTees mayT be required to work overtime as requested by their supervisor. Refusal to `vork overtime as requested mayT result in disciplinaryT action. Supervisors will make reasonable efforts to balance the personal needs of their employTees when assigning overtime work. All overtime must be authorized in advance byT the employTee's supervisor. An employ ee `vho works overtime �vithout prior approval mayT be subject to disciplinaryT action. Non-exempt employees (eligible for overtime pay) are not authorized to take �vork home or work through lunch �vithout prior approval from their supervisor. The city complies with applicable state and federal laws governing accrual and use of overtime. Only employees to `vhom the overtime provisions of the state and/or the federal FLSA applyT are required to be compensated for overtime work. The cityT administrator and human resources manager �vill determine �vhether each employTee is "exempt" oY "non-exempt" in accordance with federal law. Overtime eligible (non-exempt) employees will be compensated at the rate of one and one-half times their base hourly rate for hours `vorked over 40 in one work�veek. However, non-exempt employTees emplo�Ted in fire protection or la`v enforcement activities may be paid overtime based on the 7(k) exemption as defined byT the FLSA (29 U.S.C. � 207(k)). r r ].,..:..-,�. �1 7— 1 7,,, 1, E 7,,,.. cc 7_ � >> V�C�ilOYl i1tT12, COY17p2Y1S�t01� 2�� 2 OUYS t� eYl�, crcrrrrr��rrc���6i��e-cc� 6�r6�ca��6 ��cr 6'r'az, �r6i�c 6i .. -- . 1lolida�T time off (pursuant to the Holida�Ts policyT belo�v), bereavement, and sick leave geneYally will count toward "houYs worked" for non-exempt employees. Resignation The purpose of pYoper notice is to ensure an oYderly transition of responsibilities and open work items. Holidays oY the use of vacation, sick, or compensatoryT time mayT on1�T be approved b�T the city administer to be considered proper notice. With proper notice, the employree will be compensated foY any accrued, unused vacation time. Pa�-ment shall be at the rate of �a�- «-hei� the resignation is submitted. If eligible, s/he ma�r also be compensated foY a poYtion of banked sick leave as stated in the Seve�ance Pay Section of this policyr manual. Defnitions of Sexual and Other Forms of Harassment HaYassment consists of unwelcome conduct based on a person's race �u�cludi�ig traits Zssociated «�ith race, u�cludin�, but not liniited to, hair texttzre and 11air st�-les such as braids, locs and t�-ists)„ coloY, cYeed, Yeligion, national origin, sex, sexual orientation, gender, gender identityT, gender expression, disabilityT, age, marital status, familial status, pregnancy, status with regard to public assistance, veteran status, or any other protected class status that is interfering with yTour job performance; or creating an intimidating, hostile, or offensive work environment; or `vhen submission to such conduct is explicitlyT or implicitlyT: Types of Disrespectful Behavior ■ Violent behavior including the use of phyTsical force, harassment, bullyTing, or intimidation. DiscriminatoryT behavior including inappropriate remarks about or conduct related to a person's legall�T protected chaYacteristic such as Yace (includiilg traits associated «�ith race, including, but not limited to, hur te�ture and h�ir st��les such as braids, locs and t«�ists)„ color, creed, religion, national origin, disabilityr, sex, gender, pregnancy, marital status, age, sexual orientarion, gender identityT or gender expression, familial status, or status regarding public assistance. Drug and Alcohol Policy Employees aYe expected and required to repoYt to woYk on time and in appropriate mental and physical condition. It is the cityT's intent and obligation to provide a drug-free, safe, and secure `vork environment. The city contracts �vith federal agencies and is subject to the federal Drug-Free Workplace Act `vhich places certain requirements on employTers to maintain a drug-free workplace. In accordance with the act, you are hereby notified: The unlawful manufacture, distribution, dispensation, possession, or use of an�T controlled substance (including alcohol) is prohibited on cittT property or while conducting cinT business. The lawful use of �controlled substances is prohibited while conducting cityT business. Employees violating this prohibition may be subject to disciplinaryT action including, but not limited to, suspension or termination, and mayT have legal consequences. Controlled substances include, but are not limited to, opiates, hallucinogenic substances, depressants, stimulants, and narcotics. The Drug-Free Workplace Act prohibits only unla2aful �uf�der Federal la«��use, possession, or distribution of such drugs in the workplace, and not the la`vful use of prescription medications. Foot Protection Policy (EXHIBIT B) All employees will wear footwear appropriate to their job duties. Each affected employee shall ��ear protective foot��ear when `vorking in areas where there is a danger of foot injuries due to: ■ Falling and Yolling objects ■ Objects pieYcing the sole ■ Exposure to electrical hazards Employees required to wear protective footwear include: Street/Parks employees, Wastewater Treatment FacilityT employees, Building Maintenance employTees except custodians, Building Inspectors, Fire Inspectors, and anyT cityT employee required to wear protective footwear as determined by their supervisor. Protective Footwear Standard Must comply with 1"`��� �^�' � ��� 11STi�-I F2413 StandaYd which provide both impact and compYession protection. Allowance The city will provide up to $�200 per year for regular employees and up to $�7 � per year for temporaryT employees toward the purchase of protective foot�vear. Funds more than those used for foot�vear mayT be used to purchase approved safetyT equipment as authorized byT their department director. Some vendors mayT bill the cittT directlyT or original receipts must be submitted to the Finance Department for reimbursement The cost of footwear exceeding approved allo`vance is the responsibilityT of the employTee. Prescription Safety Eyewear Policy (EXHIBIT C) For those regular employees required to wear eye protection, the city will pay for basic protective eyewear for single vision, bifocal, and trifocal prescriptions (includes safety lenses, standard frame with side shields, case, and dispensing fee). The city will provide one (1) complete pair of clear protective industrial safety ey ewear every two (2) years or at the supervisor's discretion due to prescription change or damage resulting from work-related hazards. "Clear" lenses under this definition will also include lens tints in shades 1 or 2. Transition or changeable tint lenses that meet OSHA standard 87Z will be allowed. The eti-e �rotection selected must clearle identif�- the manufacturer. �7� ne�v e�e �rotecti�e de�ices must com�l�� with anti� of the following: ANSI Z87.1-2010, ANSI Z87.1-2003, or ANSI Z87.1-1989(R1998) or be at least as effective as this standard rec�uires. e�arae�c�a��e�ri�.���eae����� All charges relating to eye examinations, optional frame styles, or lens treatments will be the responsibility of the employee. Employees shall use only Walman Optical approved providers. A list of appro�Ted providers can be found at www.WalmanOpticalsafen-e�-e�vear.com .- -� under �� �. Resources, Find an E�-e Doctor. Order forms are on l�ccess under Safet�-, Safet�- Forms.