Loading...
3.10. SR 06-19-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Consent une 19, 2006 Item Description Personnel Polic Manual Chan es Administrator Introduction Consider changes to personnel policy manual. Discussion At the June 12 worksession, the City Council was presented with a draft of the proposed personnel policy manual changes. The Council approved several individual policy changes; however, in order to give the Council time to review the other changes, the request for approval was delayed until the next meeting. The changes still requiring Council approval include mainly updating tides and position references and incorporating previously approved policies into the personnel policy manual. If there are any changes that the Council wants to discuss, this item should be pulled from the consent agenda for further discussion. Financial Impact None. Attachments None. Action Requested Consider adoption of changes to personnel policy manual as distributed at the June 12,2006, Council meeting. Council Action Motion by _ Second by _ Vote Follow Up S:\Council\Lori\2006\Personnel policy changes. doc CITY OF ELK RIVER PERSONNEL POLICY MANUAL (Revised Jun~~()O_6L____ r-------........................l - - -1 Deleted: March TABLE OF CONTENTS INTRODUCTION .................................................................................................................1 EMPLOYMENT..................................................................................................................2 EQUAL EMPLOYMENT OPPORTUNITY...................................................................................2 DEFINITIONS OF EMPLOYMENT STATUS ..............................................................................2 ORIENTATION PERIOD ...............................................................................................................l~~~~~~~ f Deleted: 2 COMPENSATION ......... ......... ...... ......... ...... ............ ...... ...... ... ............ ...... ......... ............ ......... ...... ..1 ~~ ~ ~ ~ ~ ~ {D~i~.;...3 WORK WEEK.................................................................................................................................1....... \ Deleted: 3 1 { .J ~~~~*~E..AND.COMPENSATORy.TiME..FOR'NON.EXEMPT.EMPLOyEE.S...................15 ......~ [)~I~: ~..".".":""".... mmm...m"."~ - - .......................... {Deleted: 4 ; TIME OFF FOR EXEMPT EMPLOYEES .............................................................;.......................~.. "{Deleted: 5 m.. mm.mi REPORT OF PERSONNEL CHANGES ........................................................................................~ 1 .u .. u ( Deleted' 5 GOVERNMENT DATA PRACTICES ACT ..................................................................................1. . . ....t Deleted' 6 PERFORMANCE APPRAISALS .... ......... ...... ........................ ............ ...... ...... ......... ...... ... ...... ...... ..1.. . ATTENDANCE.. ............ ......... ............... .................. ...... ...... ............ ....................................... ...... ..1. '. ~t!~~:~ REST BREAK/MEAL BREAK ......................................................................................................l!. ..~el~: 6 EMPLOYMENT OF RELATIVES .........:.......................................................................................l!.. ~....t Deleted: 7 SUPPLEMENTAL EMPLOYMENT ..............................................................................................2.. 'tDeleted: 7 ~ Deleted: 7 1 -........................... ....................._._._............. ..........................1 SEPARATION FROM EMPLOYMENT ............................................................9 ) ....mmm..r ) J ) .. ..J '---" I ..........---........--.-...! mm--------.--l m.....mmmm.mr ) , --.....J RESIGNATION............................................................................................................................ .il.."."." RETIREMENT..............................................................................................................................il... .... LAYOFFS ..... ...... ...... ...... ......... ............... ...... ...... ...... ............ ...... ...... ...... ...... ......... ...... ......... ...... ...il....... SEVERANCE PAy..... ......... ......... ...... ...... ... ......... ...... ...... ...... ...... ...... ...... ...... ......... ... ...... ...... ......il..".... { Deleted: 9 ~Ieted: 9 m... ..__.. ....J { Deleted: 9 I ..,,,,===="'...=,,...__............,,,::,,,,,,,,,,,"'=.::"""-",,,,,,,,< { Deleted: 9 J LEAVE BENEFITS .........................................................................................................11 .- VACATION ................. ......... .......... ..... .................. ...... ...... ...... ...... ...... ...... ...... ...... ............ ............ll..."." ~ SICK LEAVE.. ......... ......... ......... ...... ......... ...... ......... ...... .......... ........ ...... ......... ......... ...... ............ ...l1...".... HOLIDAYS ........ ............ ......... ... ............ ...... ............ ...... ...... ...... ...... ...... ...... ......... ........... .... ...... ...l9.....".. LEAVES OF ABSENCE ...... ... ............ ......... ......... ...... ...... ............ ...... ...... ...... ...... ...... ...... ...... ......ll.. Flllllily and Medical Leave Policy..................................................................................................ll.... Sick or Injured Child Care Leave Policy .......................................................................................l2... School Activities Leave ..... ......... ...... ........................ ...... ...... ...... ...... ...... ...... ...... .................. ...... ...l2..... Bone Marrow Donation Leave. ... ............ ........... ....... ...... ...... ...... ...... ...... ...... ...... ... ...... ...... .......... ..l2.__ National Guard and Reserve Leave............... ................................. ............ .................. ...... ...... ......l2.. Military Leave for Uniformed Service. .................. ...... ...... ...... ...... ...... ...... ...... ......... ............... ......~.. Jury/Witness Duty Leave......................................................... ......................................................~... Bereavement Leave....................................................................................................................... .Il.... General Leave ..... ...... ...... .... ..... ............... ............ .......;. ...... ... ...... ......... ... ...... ...... ... ...... ...... .... ........Il... J ...~ J (Deleted: 11 ..m. ..... ~ D~I.l!ted: ~?m.m::.. l Deleted: 14 t Deleted: 15 . ..... ,.. .... t Deleted: 15 I ._.___........____........___........J ,---------..--....---........-...---...., l. Deleted: 16 ! {::::::::::::::::,:::::::::::::::::::",::::",.....:::::=:::::::::::::::::::::::::::::::::::::::::::::::::~ u . Deleted: 16 J . { Deleted: 17 ] f i:~---J rD~I~; ism .... .mj ."""" t Deleted: 19....____._.m.m__J GENERAL BENEFITS..................................................................................................20 GENERAL BENEFITS .................................................................................................................20 INSURANCES ............ ......... ... ...... ......... ...... ...... ...... ...... ...... ...... ...... ... ...... ...... ... ...... ...... ... ...... ......20 I DEFERRED COMPENSATION... .................. ............... ................ ..... ...... .............. ...... .... ...... ......20. _.... - - ~eted:__?______________ FLEXIBLE BENEFITS PLAN (Section 125) ...............................................................................20 EMPLOYEE DEVELOPMENT/TUITION REIMBURSEMENT................................................21 GENERAL POLICIES ..................................................................................................22 SMOKE & TOBACCO FREE POLICY .......................................................................................22 APPEARANCE AND DRESS GUIDELINES ......... ...... ...... ...... ........................ ...... ...... ......... ......22 TELEPHONE USE ... ...... ......... ...... ... ............... ......... ...... ............ ............... ......... ...... ...... ... ...... ......22 E-MAIL/INTERNET USE.............................................................................................................23 GUIDELINES APPLICABLE TO ALL E-MAIL AND VOICE-MAIL USAGE.........................23 GUIDELINES APPLICABLE TO THE USE OF INTERNET E-MAIL AND WORLD WIDE WEB ACCESS..............................................................................................24 TRAVEL EXPENSES ...................................................................................................................25 KEYS AND SECURITY ...... ... ...... ............... ...... ...... ...... ...... ...... ...... ...... ...... .................. ...... ...... ...25 PERSONAL USE AND DISPOSAL OF CITY PROPERTY .......................................................25 USE OF CITY VEHICLES ...........................................................................................................26 HANDLING CITIZENS' COMPLAINTS ....................................................................................26 EMERGENCY CLOSING POLICY .............................................................................................27 EMPLOYEE PARTICIPATION IN CITY FIRE DEPARTMENT...............................................27 POLITICAL ACTIVITY.... ... ...... ...... ... ...... ...... ...... ...... ...... ...... ... ... ...... ...... ......... ...... ......... ...... ......28 CANDIDACY ................................................................................................................................28 LABOR RELATIONS ....................................................................................................29 DISCIPLINE............................................................................................................................... .. .29 SAFETy...................................................................................................................................30 SAFETY ........................................................................................................................................30 SAFETY EQUIPMENT REIMBURSEMENT POLICY ..............................................................31 INCIDENT REPORTING ....... ...... ......... ...... ...... .................. ................................. ........................31 WORKERS ' COMPENSATION ..................................................................................................31 I CONDUCT...................:.............................. ...........................................................................ll_....--- ETHICS OF PUBLIC EMPLOyMENT........................................................................................33 ACCEPTING GIFTS ... ......... ...... ...... ... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ... ...... ...... ........... ....33 EMPLOYEE ENDORSEMENTS ..................................................................................................33 CONFLICT OF INTEREST. ..... .... ... ... ...... ... ......... ...... ...... ............ ...... ...... ......... ............... ...... ......33 HARASSMENT ............................................................................................................................33 Purpose of Policy...........................................................................................................................33 Definitions of Sexual and Other Forms ofHarassment.................................................................34 { Deleted: 34 Scope of Policy..............................................................................................................................35 Reporting Harassment....................................................................................................................35 Confidentiality ...............................................................................................................................3 5 No Retaliation.............................................................................................................................. ..36 Questions About Policy .................................................................................................................36 WORKPLACE VIOLENCE ..........................................................................................................36 DRUG AND ALCOHOL POLICY ...............................................................................................36 PERSONNEL POLICY MANUAL RECEIPT AND ACKNOWLEDGMENT ...........................38 INTRODUCTION This policy manual contains personnel policies and procedures for City of Elk River (the "City") employees. The City strives to provide an efficient system of personnel administration for its employees. This policy manual serves as a guide for administrative actions concerning City personnel matters and is provided for informational purposes only. It is not a contract between the City and any of its employees. Although we have attempted to cover matters that generally apply to employees, this policy manual does not cover every situation that may arise from day to day. Other than any applicable collective bargaining agreement, this policy manual replaces and supersedes any and all prior manuals, memos and any other written or oral statements of employment policies and procedures. Except as provided by statute or applicable collective bargaining agreement, employment of all City employees is at-will. This means that the employee has the right to terminate his or her employment at any time, with or without cause or notice, and that the City has that same right. No representative of the City has the authority to alter the at-will nature of an employee's employment except the City Council by approval of a written contract of employment executed by the City. No employee has a protectable property interest in his or her employment with the City. The policies in this manual shall apply to all City employees unless specifically exempted by the City Council. Consultants rendering professional services on a fee basis are not considered City employees. The City may add to, modify or revise portions of this manual as the City deems appropriate, with or without prior notice. This manual may be superseded to the extent that it is inconsistent with state or federal statute, a collective bargaining agreement entered between the City and its employees, or a written contract of employment signed by the City. !.:....EMPLOYMENT EQUAL EMPLOYMENT OPPORTUNITY The City pledges its best efforts to avoid discrimination against or harassment of any employee or applicant for employment because of race, color, creed, religion, sex, age, national origin, sexual orientation, marital status, veteran status, status with regard to public assistance, physical or mental disability, or any other status protected by state or federal law. The City prohibits discrimination against or harassment of any employee or job applicant on the basis of protected class status. Employees who participate in discrimination in violation of this Policy are subject to discipline up to and including termination. Retaliation against any employee for making a complaint under this Policy or assisting with investigations of complaints made under this Policy is also strictly prohibited. r ..................................................................... ..............................., Any person who feels that he/she has been discriminated against should contact the City _{ Deleted: Finance Director. J Administrator or Human Resource Representative~.... . __ ___ __ __ __ __ . . __ __ __ . __ . . __ . ___ .. ___ __ __ __ __ __ __ __ __ __. __ DEFINITIONS OF EMPLOYMENT STATUS Full-Time Employee: An employee who is regularly scheduled to work approximately 2080 hours per year. Part-Time Employee: An employee who is regularly scheduled to work less than 2080 hours per year and who generally works twelve months per year. Orientation Period Employee: An employee in his or her Orientation Period, as described below. Regular Employee: An employee who has completed his or her Orientation Period, as described below. Seasonal Employee: An employee who works in a position that is seasonal in nature; less than twelve months per year. The employee may work more than one hundred twenty (120) days in any consecutive twelve (12) month period. Temporary Employee: An employee scheduled to work fewer than 120 days in any consecutive twelve month period. Elected or Appointed Official: A person elected as Mavor or Council member or a person appointed by the Mavor and Council to serve on a City commission or board. Applicant: Any person applying for a paid or volunteer position. 2 WORK RULES In accepting employment with the City of Elk River. employees become representatives of the City and are responsible for assisting and serving the citizens for whom they work. An employee's primary responsibility is to serve the residents of Elk River. Employees should exmibit conduct that is ethical. professional. responsive. and of standards becoming of a City employee. Th achieve this goat employees must adhere to established policies. rules. and procedures and follow the instructions of their supervisors. The following are iob requirements for every position of the City of Elk River. All employees are expected to: . Perform assigned duties to the best of their abilities at all times. . Render prompt and comieous service to the public at all times. . Read. understand. and comply with the rules and regulations as set forth III these Personnel Policies as well as those of their qepartments. . Conduct themselves with decorum toward both residents and s tafT and respond to inquiries and information requests with patience and courtesy. . Report any and all unsafe conditions to the immediate supervisor. . Maintain good attendance. ORIENT A nON PERIOD The City of Elk River regards the Orientation Period as an integral part of the employment process. During the Orientation Period, the City and the new employee should consider whether the employment situation appears to be satisfactory. The Orientation Period consists of the first six (6) months of employment. During the Orientation Period, the City will observe the employee's work to determine whether the employee demonstrates that he/she is qualified for the position to which he/she has been appointed. Performance, skills, ability, and other factors observed and demonstrated during the Orientation Period are evaluated by the employee's supervisor in order to determine whether the employee will be retained by the City. As during employees' regular employment, employment during the orientation period is at-will, meaning the employee and the City each have the right to terminate employment with or without cause or notice (except if provided otherwise by statute or applicable collective bargaining agreement). If the employee does not meet established standards, and there is reason to believe, in the City's sole discretion, that a longer review period is needed, the Orientation Period may be extended to a total of twelve (12) months. 3 Upon satisfactory completion of the Orientation Period, the employee will become a regular employee. This does not mean that the employee's employment will become permanent. Except as provided by statute or applicable collective bargaining agreement, employment for all City employees is for an indefinite time and can be terminated by either party at any time and for any reason, both during and after the Orientation Period. Employees promoted or appointed to new positions in the City must also successfully complete a six (6) month Orientation Period. If an employee appointed to a new position is found to be unsuited for that position, the City, at its sole discretion, may reinstate the employee to his/her former position and former rate of pay if the City determines that such reinstatement is possible. Reinstatement is not guaranteed. All employees, regardless of classification, status or length of service are expected to meet and maintain City standards for job performance and behavior. COMPENSATION Employees will be compensated according to the Pay Plan,. apJlr()v~d_b)'Jhe__(;itx<:;;_ollIlciL:rhe__- City will develop and maintain a pay plan for all positions in accordance with federal and state laws. This plan may be reviewed and changed periodically in the sole discretion of the City. WORK WEEK Work schedules for employees will be established by the appropriate department head with the approval of the City Administrator. The regular workweek for regular full-time employees is 40 hours per week. The regular workweek for regular part-time employees is less than 40 hours per week. Unless otherwise provided, the normal workday will begin at 8:00 a.m. and end at 4:30 p.m. The normal workweek will consist of five consecutive workdays, Monday through Friday. Flex-time arrangements must be approved by the department head and City Administrator. The department head or City Administrator may deny requests for flex-time at their sole discretion. At no time should flex-time arrangements negatively affect service levels to the public. Employees with flex-time arrangements may be asked to adjust their schedules periodically or to discontinue flex-time in order to accommodate vacations, sick leave, or other issues within the department. PAYDAYS Employees will be paid biweekly on alternate Fridays. When Friday is a holiday, paychecks generally will be distributed before 4:30 p.m. the preceding Thursday. When Thursday and Friday are holidays, paychecks generally will be distributed before 4:30 p.m. on Wednesday. Direct deposit transactions will be adjusted according to bank holiday schedules. 4 - - i Deleted: Pay Resolution and Compensation Plan ] Timesheets must be received by the Payroll Clerk, b)'W:Q~_a:f!1..,_o!!_M()n_da)'_()fJ)a)'roll\lVe~kJoru<_/ {Deleted: Finance Department ] payment on Friday. Timesheets submitted after the deadline will not be paid until the following - -{ Deleted: noon ___J payroll week. OVERTIME AND COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES All employees, in all departments, may be required to work overtime as requested by their supervisor. Refusal to work overtime when requested may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. All overtime must be authorized in advance by the employee's supervisor. An employee who works overtime without prior approval may be subject to disciplinary action. The City complies with applicable state and federal laws governing accrual and use of overtime. Only employees to whom the overtime provisions of the State and/or Federal Fair Labor Standards Act apply are required to be compensated for overtime work. The City Administrator and Human Resource Representative will determine whether each employee is "exempt" or "non-exempt" in accordance with federal law,. . _ _ _ _ u u _ u _ u u _ _ _ u u u u _ u u< _ Overtime eligible (non-exempt) employees will be compensated at the rate of one and one-half times their base hourly rate for hours worked over 40 in one workweek. However, non-exempt employees employed in fire protection activities or law enforcement activities may be paid overtime based on the 7(k) exemption as defined by the Fair Labor Standards Act (29 U.S.c. ~ 207(k)). ~_._---_._-_._................._-_._._..--l _ _ { Deleted: from earning overtime - Deleted: In general, employees in 1 executive, administrative, and i professional job classes as defined by lbe I Fair Labor Standards Act are exempt; all L.~~~..~~.~?~=~~~pt'................................mm..m...........3 Vacation" _sic}(, _ c_of!1P_l?~~!l.tol)'! _ ~~ _"e~~a.ve_ll1~nt_ _lea.v~ _~_~lIrs_ ~eI1_ <Jur:ingth.e 'lVor:k'IVe~~_ _~~ _ !!~_t_ _ _ _ _ _ - {Deleted: and __m___~------l count toward "hours worked" for purposes of overtime. Holiday time off pursuant to the Holidays policy below generally will count toward "hours worked" for non-exempt employees. Emergency call out hours, as determined by the department head, and weekend rotation hours will be compensated as overtime hours and will be paid at time and one half. Overtime compensation will be paid for overtime hours, unless the employee and department head mutually agree in advance of performance of the work that the overtime will be banked as compensatory time in lieu of receipt of overtime compensation. Employees may request and use compensatory time off in the same manner as other leave requests. Non-exempt employees who have requested the use of accrued compensatory time will be permitted to use the compensatory time within a reasonable period after making the request, if the use of the compensatory time does not unduly disrupt the operations of the City. All compensatory time must be marked as such on official timesheets, both when it is earned and when it is taken. Overtime hours not specified as compensatory time will be paid with overtime compensation. The Finance Department maintains compensatory time records. An employee whose activities include public safety, emergency response or seasonal work may accumulate up to 480 hours of unused compensatory time in a "bank." All other employees may accumulate up to 240 hours of unused compensatory time in a "bank." In any event, no 5 employee may carry over more than forty (40) hours of compensatory time in a bank from one calendar year to the next. Street and Park Maintenance Department employees will track compensatory time based on an October 1 to September 30 year. No more than 40 hours may be carried from October 1 to September 30 of the next year. Any non-exempt employee who has accumulated more hours of compensatory time than he or she is permitted to bank will be paid overtime compensation for all overtime hours of work in excess of the amount permitted to be banked. Upon termination of employment, non-exempt employees will be paid for all accrued but unused compensatory time. Overtime pay for holidays is paid based on the provisions found in the HOLIDAYS section of this manual. TIME OFF FOR EXEMPT EMPLOYEES Exempt employees are exempt from the overtime requirements of the Fair Labor Standards Act and are expected to work whatever hours are necessary in order to meet the performance expectations outlined by their supervisors, the City Administrator. an~tl1euc:ity__c:~u.nc;il.../ Generally, to meet these expectations, an exempt employee is J>ftenJeq~ire4.~<lex:pect~duto__/ work in excess of forty (40) hours per week. Exempt employees do not receive extra pay tor the hours worked over 40 in one work week. For reasons of accountability, exempt emplovees track all hours worked, including the hours worked in excess of 40 hours per week. For those additional hours worked. no more than eight hours of this banked time may be used in a one week period. No more than 80 hours of accrued banked time may be carried over beyond December 3 I of each year. The time off for extra hours will not be on a one-for-one basis. Under no circunlstance will accrued banked time be paid to exempt employees. {Eeleted: lor f Deleted: Exempt employees are "-------..-.....-.............................---............ I ; ..__J REPORT OF PERSONNEL CHANGES The City attempts to maintain complete and accurate personnel information on its employees. The City complies wifu,.l~~.~. .regar.diIlR. 4a~. Pri~~c)'.... It. i.~. .i.J:!1P()t:t~t. that. )'()Uf.. p~!.J:!I~n~nt... .... { Deleted: II personnel records are kept accurate and up-to-date. You must immediately notify the payroll department when there is a change in any of the following: J . Name (through marriage or otherwise) . Address . Marital status . Beneficiaries for life insurance and retirement . Telephone number . Person to contact in case of emergency . Other changes which may affect benefits coverage It is each employee's responsibility to notify the payroll department of changes. 6 GOVERNMENT DATA PRACTICES ACT Numerous types of data are categorized as private, non-public, or confidential under the Minnesota Government Data Practices Act. In many circumstances, data may not be disclosed except with authorization of the subject of the data or pursuant to court order. To ensure that the Minnesota Government Data Practices Act is not violated, employees are strictly prohibited from disclosing to a third party, within or outside the City, any personnel data, data relating to pending civil legal actions, or any other data that might be classified as private, non-public, or confidential, without the City Administrator's express authorization. Pursuant to the Minnesota Government Data Practices Act, the City Council appointed the City Administrator as the responsible authority to administer the requirements for collection, storage, use, and dissemination of data on individuals within the City. Refer to the City's Guidelines and Procedures for the Minnesota Government Data Practices Act for additional information. PERFORMANCE APPRAISALS Performance appraisals are an opportunity for employees, supervisors, and the City to assess an individual's job performance. The performance appraisal system is designed to: · Ensure that quality services are provided to the public at the least possible cost; · Motivate and develop employees to their fullest potential; · Clarify roles and mutual expectations of supervisors and employees; · Promote open and ongoing communication between employees at all levels, including feedback from subordinates to supervisors; and · Assist in determination of whether employees are meeting the established performance standards for their position. Performance appraisal forms generally will be maintained in the employee's personnel file. Employees may be evaluated formally .or informally at any time. An employee's immediate supervisor or department head normally will conduct a performance appraisal on an annual basis, and may conduct performance appraisals more frequently if prescribed by the City Administrator or the employee's department head. The performance appraisal usually will be in writing and must be signed by the employee and supervisor. ATTENDANCE Every City 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.}ll_~YJe_sultindis_cjp'lin~ryu' {Deleted:, action up to and including discharge. i .._._---~...._._~ 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 7 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. RESTBREA~EALBREAK Non-exempt full-time employees are given a paid rest break not to exceed fifteen (15) minutes away from job duties on one occasion during each four (4) hour work shift. Part-time employees will be given a paid rest break not to exceed fifteen (15) minutes during a work period of four hours. All employees scheduled to work six or more hours per shift are required to take a half-hour, unpaid meal break. Rest breaks cannot exceed fifteen minutes, including the time required to get to and from a rest break area. Employees may not purposely miss rest breaks in order to accumulate time to leave early at the end of the day; all rest breaks and meal breaks must be taken. EMPLOYMENT OF RELATIVES The City of Elk River hires employees based on skill and ability. It does not restrict employment of more than one member of a family (including spouse, children, parents. siblings. in-laws or other immediate relative ),~ l:J\lt nopos~iti~ll ~~m ~b~e ~gralltecl ~~~ ~n() ~al'l'o~intmellt~n1~d~tl ~to~ ~I~l ~Egible / ~ ~ ~ ~ ~ family member unless he/she is the most qualified candidate. No family member will be hired where:.~ U~ ~______________________~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u ~u ____~__ ~__~ ~ ~ ~ ~ ~ ~ u u ____ ~ ~ __~__ ~ __~~ ~ ~ ~ ~ ~ ~ ~ ~ u u ~ ~ ~u~~ ,I ~ u ~ (),tl~ Jatnilv~ mem~b~r ~ ~()uJ~Lh~Y~tl u~~ uauth()ri!y ~ ()r~ P!~actical J>o"",eru te>. ~ ?~lll'~l~is~tllap]Joint, -< / remove. or discipline the other~ 2. OileJan1ily meml:Je~r ~~()~Jcl~b~e~re~sp~<?tlsi~leJc,r~<lll~i!ilJ.,g~thew(}rk oKthe~ (}tlie!';u _ uu u__ 3, Other circumstances exist which would place the family member in a situation of actual or reasonable foreseeable conflict between the City's interests and their own; and 4. Where the family member has a relative who is employed by an organization with whom the City has business dealings. and in the City's iudgment. considering the position and iob responsibilities of both the em?loyee and family member would create an appearance of improper influence or favor or wouldieopardize the confidentiality of data maintained bv the City. 8 rDel~~~-;:;;~;;;;~latedb-;bi~d~~ marriage i Deleted: does not show favoritism ) ~d hiri--"g relatives of en:'!,loyees- ______~~) ~eleted: To avoid a conflict of interest, J Deleted: no City employee may take i part in decisions to hire, fire, retain, I promote, or determine the saIaty of hislher sponse, family memher, or any I other relative by blood or marriage _ (Deleted: _~ --------~m~l - f Deleted: In addition, no City employee )1 ! may be assigned responsibility for I supervising and directing the work of ; I hislher spouse, family member: or any I L o~_,:_~".l_..~~".~~ blo~~~~~,,~".~~~~j SUPPLEMENTAL EMPLOYMENT The City of Elk River does not restrict employees from engaging in outside employment. However, the City expects regular full-time employees to consider City work their primary employment. No City employee may engage in outside employment that interferes with the performance of his/her duties with the City, that represents a conflict of interest, or that may influence or bias an employee's job related decision making ability. The City will not change an employee's work hours to facilitate the scheduling of any outside employment. If a supervisor believes an employee's outside employment is detrimental to the City and his/her position, the employee may be asked to discontinue the outside employment. If an employee is asked to discontinue outside employment and fails to do so, he/she may be subject to discipline up to and including termination. 9 b-SEPARATION FROM EMPLOYMENT RESIGNATION Employees resigning their employment with the City are asked to give proper written notice in advance of their resignation. In order to give proper written notice of resignation, an employee resigning his/her employment with the City must submit a written resignation to his/her supervisor at least ten (10) working days prior to the anticipated resignation date; department heads must provide twenty (20) working days written notice to the City Administrator prior to the anticipated resignation date. An employee who resigns his/her employment with the City after giving proper written notice as provided above will be compensated for any unused vacation time the employee was eligible to use during that year. (Vacation time the employee was accruing during the year in which the resignation occurred, but which was not yet eligible for use, will not be paid at termination.) If eligible, the employee may also be compensated for a portion of banked sick leave as stated in the Severance Pay Section of this policy manual. Failure to comply with this notice procedure may be considered reason for denying an employee future employment with the City. An unauthorized absence from work for a period of three (3) working days or more may be considered a resignation without proper notice. Non-exempt employees will be compensated for any accrued but unused compensatory time as of the date of separation. RETIREMENT Employees who retire from employment with the City may be eligible for retirement programs as provided by state or federal law. LAYOFFS The City Counci~~ has tl1t:allthori~ ~~~~ J~y:-()ft: ~ny~ ell1"loYt:e~ ~11t:~~ ~1.1(* ~a~~i()!l ~~~c()l1les~nt:ct:ss~ry~ ~ ~ ~ ~ ~ ~~:.~~~~~~~~.....J as determined in the City's sole discretion. The City will attempt to provide employees with ten (10) working days notice prior to a lay-off. SEVERANCE PAY An employee resigning his/her employment with the City may be eligible for a cash payment for unused sick leave if the following conditions are met: 1. The employee must resign in good standing (not terminated by the City); and 11 2. The employee must provide proper written notice of his/her resignation (see Resignation Policy above); and 3. .Ih.e .~~p.lo)'e.e .~!lst. ~~.e~!l!~. fl.rel~as.e .0J .claillls. Payment shall be based on the consecutive years of service completed by the employee and his/her accrued sick leave balance. 1. An employee terminating after completing five (5) years of consecutive service will receive payment for fifteen percent (15%) of his/her accumulated sick leave balance up to a maximum payment for one hundred forty-four (144) hours. Payment shall be at the current rate of pay. 2. An employee terminating after completing fifteen (15) years of consecutive service will receive payment for twenty percent (20%) of his/her accumulated sick leave balance up to a maximum payment for one hundred ninety-two (192) hours. Payment shall be at the current rate of pay. 3. An employee terminating after completing twenty (20) years of consecutive service will receive payment for twenty-five percent (25%) of his/her accumulated sick leave balance up to a maximum payment of two hundred forty (240) hours of pay. Payment shall be at the current rate of pay. For example, if an employee satisfies the above conditions, has completed ten years of service, and has accumulated 1,000 hours of sick leave and makes $10.00 per hour, the employee will receive severance pay as follows: 1,000 hours x 15% = 150 hours Maximum hours eligible for severance pay = 144 hours 144 hours x $1O.00/hour = $1,440severance pay Any accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible for payment under this policy.... ~rnplo)'e~s. rn.ay..c()ntilllle to flc(;U1I1111ate. .sicl< .le.av.~. ~~. e~(;e~.s. ~rni~e<::: hundred sixty (960) hours to be used in accordance with the Familv Medical Leave Act...____..... . 12 Deleted: <#>Employees hired before March I, 2000, must have worked for the City for at least two (2) consecutive years. Employees hired on or after March I, 2000 must have worked for the city for at least five (5) consecutive years; J' ~~tmmmmmmm...____.....m.mm_ {Deleted: (960 x !.s..::'~."" 144~_mJ .. {Deleted: , howev;:.-....----.J Del~: as a form '~f';;'~~e'1 protection in the event of unexpected i :;=~~esses during ~~~__....J ~LEA VE BENEFITS VACATION Paid vacation leave is provided for regular full-time and on a prorated basis for eligible part-time employees. Eligible part time employees hired before January 1, 2004, include employees working a minimum of 1040 hours per year. Eligible part time employees hired on or after January 1, 2004, include regularly scheduled part time employees who work a set, consistent schedule and who work a minimum of forty (40) hours per biweekly pay period and non- scheduled part time employees who work as needed who work a minimum of 1560 hours per year. Temporary and seasonal employees are not eligible for vacation benefits. Vacation leave is accrued based on consecutive years ofleave eligible,_se.rvi<;e.F:rnpl()yeesa(;cflleu_ vacation leave at the following rates: Length of Service From start of employment through completion of the fifth year Beginning of the sixth year through completion of the seventh year Beginning of the eighth year through completion of the ninth year Beginning of the tenth year through completion of the eleventh year Beginning of the twelfth year through completion of the thirteenth year Beginning of the fourteenth year through completion of the fifteenth year Beginning of the sixteenth year through completion of the seventeenth year Beginning of the eighteenth year Beginning of the nineteenth year Beginning of the twentieth year Beginning of the twenty first year Accrual Rate 88 working hours per year 112 working hours per year 120 working hours per year 128 working hours per year 136 working hours per year 144 working hours per year 152 working hours per year 160 working hours per year 168 working hours per year 176 working hours per year 184 working hours per year 13 { Deleted: ful1-ti;;;~ m_-l Beginning of the twenty second year and thereafter 192 working hours per year Employees must receive department head approval before taking vacation leave. Orientation Period employees may not use vacation leave unless otherwise authorized by the City Administrator. Employees taking more than two (2) consecutive weeks of vacation or a combination of vacation and compensatory time must obtain prior approval from the City Administrator. The City will make every effort to grant vacations at the time requested by the employee, but reserves the right to deny or approve vacation schedules. Regular full-time and regular part-time employees may carry forward from one year to the next unused vacation time up to an amount equal to the total number of vacation days earned.Allrillg__ the previous year. Unused vacation time will not be paid out in wages upon termination of employment, except as provided in the Resignation Policy above. SICK LEAVE Sick leave is not a privilege or vested right that an employee may use at his/her discretion. Eligible employees may use sick leave only for the following: · Personal illness or injury; · To attend medical and dental appointments; · To care for sick dependents; · To take dependents to medical and dental appointments; · Up to five days per calendar month to care for seriously ill family members who may not live with the employee. For purposes ofthis provision, "seriously ill" shall be determined in the sole discretion of the City Administrator. Paid sick leave is provided for regular full-time and on a prorated basis for eligible part-time employees. Regular full-time employees accrue sick leave at a rate of eight (8) working hours for each calendar month. Eligible part time employees hired before January 1, 2004, include employees working a minimum of 1040 hours per year. Eligible part time employees hired on or after January 1, 2004, include regularly scheduled part time employees who work a set, consistent schedule and who work a minimum of forty (40) hours per biweekly pay period and non-scheduled part time employees who work as needed who work a minimum of 1560 hours per year. Temporary and seasonal employees are not eligible for sick leave. There is no limit on the amount of accrued sick time that can be accumulated and carried forward from one year to the next. 14 r~~;cljgilil~~------ ---J An employee must notify his/her immediate supervisor at least thirty (30) minutes before the start of hislher regular start time if the employee intends to be absent from work. If an emergency prevents the employee from notifying hislher immediate supervisor at such time, the employee must call hislher immediate supervisor as soon as possible during the workday. The employee is required to keep hislher immediate supervisor informed of his/her 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. A doctor's note shall be required if an employee is absent more than four (4) days or if abuse of sick leave is suspected by the employee's immediate supervisor, department head, or the City Administrator. In some circumstances, an employee may be requested to submit to a medical examination by a physician or medical facility licensed to practice medicine. In such a circumstance, the City may select the physician and facility that will conduct the examination. Unused sick leave will not be paid out in wages upon termination of employment, except as provided in the Severance Pay section of this Policy Manual. SICK LEAVE DONATION With the written consent ofthe City Administrator, employees may donate equal shares of sick and vacation leave to fellow employees experiencing a major illness such as, but not limited to, heart attack, stroke, organ transplant, or other illness all of which must be supported by a physician's diagnosis, or a catastrophic accident with serious injuries supported by a physician's diagnosis. An employee will be eligible to receive donated leave: 1. if the employee currently earns sick leave 2. only after all of the employee's own sick, vacation, compensatory, or other leaves have been exhausted 3. only for normal work hours lost due to the illness for which the leave is being donated 4. only for time not covered by disability insurance or workers compensation 5. up to a maximum of 240 hours 6. if the physician's diagnosis indicates that the employee will be able to return to work after rehabilitation or recovery The donated leave must be used concurrently with FMLA leave and must be used within twelve weeks of the date of the illness. Donated sick leave not used within twelve weeks will be forfeited. If the condition of the employee receiving donated leave improves so that he/she is able to return to work either in light duty, if available, or to hislher normal work schedule, any donated leave time shall be forfeited. An employee may donate up to 16 hours of equal shares of sick and vacation per employee per year made in increments of not less than eight hours. The employee must complete a Leave Donation Form to donate leave. All donations will remain anonymous. 15 Donated leave will be paid at the recipient's current rate of pay. Donated hours do not qualify to be included as part of sick leave for the Severance Pay calculation. Sick leave donated will be reduced hour for hour from the donating employee's Severance Pay as defined in this Personnel Policy. For example, ifthe employee is due 144 hours of severance pay and has donated 8 hours of sick leave to another employee, the severance pay will be 136 hours times the employee's current rate of pay. This policy applies on a prorated basis for part-time employees eligible for sick leave. HOLIDAYS The following holidays are observed by the City: . New Year's Day (January 1) . Martin Luther King's Birthday (third Monday in January) . President's Day (third Monday in February) . Memorial Day (last Monday in May) . Independence Day (July 4) . Labor Day (first Monday in September) . Veteran's Day (November 11) . Thanksgiving Day (fourth Thursday in November) . Friday After Thanksgiving . Christmas Eve (December 24) . Christmas Day (December 25) Regular full-time employees are eligible to receive pay for these holidays. 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. Eligible part time employees hired before January I, 2004, include employees working a minimum of 1040 hours per year. Eligible part time employees hired on or after January 1,2004, include regularly scheduled part time employees who work a set, consistent schedule and who work a minimum of forty (40) hours per biweekly pay period and non-scheduled part time employees who work as needed who work a minimum of 1560 hours per year. Temporary and seasonal employees are not eligible for holiday pay. Generally, for employees working a Monday through Friday workweek, holidays occurring on Saturday will be observed the preceding Friday and holidays occurring on Sunday will be observed on the following Monday. When Christmas Eve Day falls on a Saturday or Sunday, or when Christmas Day falls on a Saturday, the City may designate one of these holidays as a floating holiday to be taken at another time as approved by the employee's supervisor. When applicable, special notice will be issued regarding such holiday changes. A floating holiday must be taken in a one day increment. It will not be paid at termination or at the end of the year if it has not been used. 16 When a holiday falls during an employee's vacation or sick leave, the employee will not be charged with vacation or sick leave for the holiday hours; the hours will be considered holiday leave. Although the City prefers that employees enjoy the observed holidays, emergencies may arise...J.f a non-exempt employee is required by hislher supervisor to work on a holiday. overtime (in addition to holiday pay) shall be paid as follows: 1. .B:eg~Ill!". fuIHitI)~ a!,!~ r~gul.~r .p.ll!"t~ti!lle. ~.Dl2!<?),c;:l?~..;;.h~11~c;: p~idJirr~~ al)~to}!c;:~half... 2. Snow plow operators shall be paid double time on the actual holiday if different..fr~tI)., the day observed by the City. 3. Firefighters shall be paid double time tor emergency response hours worked on New Years Day. Memorial Day. Independence Day. Labor Day. Thanksgiving. Christmas and Christmas Eve. 4. biqllo.r. ~~~r~. e~pl<?~e~~. .Dla)'. "C;: rc;:qlliret t(). ~or~c~.rta!~ h<?li{f~~s:. .If ~ r~.gll!ar Xu1k... time liquor store employee works on a day designated as a holiday as listed above, the employee may take another day (eight hours) off in lieu of the holiday. Non-exempt Liquor store employees will be paid at one and one-half times their regular base rate for working the following days: . After 4:30 p.m. on New Year's Eve; . New Year's Day (when open) . Memorial Day (when open) . Independence Day (when open) . Labor Day (when open) . Christmas Eve Day (when open). LEAVES OF ABSENCE The City of Elk River (the City) provides leaves of absence according to the following policies. Unless otherwise indicated, all leaves of absence are unpaid. 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 Finance Department. When possible, advance notice of a leave should be provided to an employee's Department Head so work schedules can be adjusted accordingly. Familv and Medical Leave Policv Eligible employees of the City are entitled under the Family and Medical Leave Act ("FMLA") to take up to twelve weeks unpaid leave during any twelve month period for the birth, adoption or foster care placement of a child; to care for a child, disabled adult son or daughter, spouse, or 17 <-, -l Deleted: Non-exempt _" .. .J . { Deleted: will :J t~':;'-:=~) '. . recognized holiday '" foeleted: in _mm ..........m ..om I . . Deleted: from the . j -- --\: " . -,' ~eleted: <#>accordance with the l Holiday Pay provisions of the most recently adopted Pay Resolution. If the Pay Resolution does not specifically address the affected non-exempt . I employee or group of employees required I to work, pay shall be at one and one-half times the regular base rate for all hours worked on the holiday, in addition to I l holiday pay.1f . . j parent with a serious health condition; or because of the employee's own serious health condition. Employees returning from FMLA Leave will be able to return, at the discretion of management, either to the previous position or an equivalent one. The employee on FMLA Leave will not be eligible for reinstatement, however, ifhe or she would have been subject to a work force reduction or lay-off if working during the leave period. To be eligible for FMLA Leave, employees must have been employed at the City for at least twelve months and have worked at least 1250 hours at the City in the twelve months preceding the Leave. The twelve weeks ofleave will be calculated on a rolling year basis measured backwards from the time the employee uses leave. FMLA Leave should be scheduled with the employee's supervisor as far in advance as possible. If leave is foreseeable, at least thirty (30) days advance notice should be given. If employees are eligible for both unpaid FMLA Leave and any paid leave (such as vacation, compensatory time, sick leave, or short-term disability benefits), they are required to use such paid leave concurrent with their unpaid FMLA Leave, except that employees on leaves due to birth or adoption need not use their accrued sick leave or vacation during the first six weeks of their leave if they choose not to. Further, employees receiving workers' compensation benefits during their FMLA leave are not required to, and may not elect to, use other paid leave concurrent with FMLA leave during the period they are receiving workers' compensation benefits. IfFMLA Leave is taken due to the serious health condition of the employee or family member, medical certification will be required. Certification will be required before the leave begins or soon afterward, while on leave if necessary, and upon return to work. The City may, at its own discretion and expense, require a second opinion. Unless the employee makes special arrangements and is granted permission, FMLA Leave for the birth or adoption of a child or for foster care placement must be taken all at one time. FMLA Leave taken because of the employee's or another's serious health condition may be taken intermittently, all at one time, or in the form of a reduced work schedule, depending upon what is medically necessary. Leave taken by part-time employees in the form of a reduced schedule will be pro-rated to the number of hours worked during the last twelve months. While on leave, health insurance benefits will continue in the same manner as prior to leave. Employee co-payments must be made in a timely manner to avoid jeopardizing continued coverage. If you have questions about your leave entitlements, please contact the Ifuman Resource Representative. 18 Sick or Iniured Child Care Leave Policv Employees who have worked at least one-halftime during the twelve months preceding a leave are entitled to use accrued personal sick leave benefits for absences due to an illness of or injury to the employee's minor child, or a child under 20 years of age attending secondary school. School Activities Leave Policv Employees who have worked at least one-halftime during the proceeding twelve months are entitled to up to 16 hours leave during any 12-month period to attend school conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be scheduled during non-work hours. If an employee's child receives child care services or attends a pre-kindergarten regular or special education program, the employee may use the leave time to attend a conference, or activity related to the employee's child, or to observe and monitor the services and program, provided the conference, activity or observation cannot be scheduled during non-work hours. When the need for leave under this section is foreseeable, the employee must provide reasonable prior notice of the leave to his or her immediate supervisor and make a reasonable effort to schedule the leave so as not to unduly disrupt City business. Bone Marrow 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 will be granted up to forty (40) hours of paid leave. The City may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. National Guard and Reserve Leave Any officer or employee of the City who is a member of the National Guard or 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 City employment by physical or mental disability or other cause not due to the officer's or employee's own fault; or 19 . Is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 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. Military leave requests shall be made to the immediate supervisor. The term "uniformed service" means the Armed Forces, the Army National Guard and the Air National Guard 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 is less 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. 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 City in a case in which the City is a party will receive the difference between hislher 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 hislher supervisor and complete a leave of absence form within 48 hours of receiving call for jury duty. . An employee excused or released from jury duty during hislher regular work hours must report to hislher supervisor immediately thereafter. . Time spent on jury duty will not count as time worked in computing overtime. 20 Bereavement Leave Regular full-time and regular part-time employees working a minimum of 1040 hours per year are permitted a paid Bereavement leave when a death occurs in their family. Bereavement leave is prorated for eligible regular part-time employees according to the number of hours worked. Leave with pay is limited to the following: Up to five (5) days Husband, Wife, Mother, Father, Son, Daughter, Brother, Sister, Step Mother, Step Father, Step Son, Step Daughter, Step Brother, Step Sister Up to three (3) days Son-In-Law, Daughter-In-Law, Mother-In-Law, Father-In-Law, Grandparent, Grandchild One (1) day Employee's Nephew, Godchild Aunt, Uncle, Sister-In-Law, Cousin, Niece, Brother-In-Law, Additional time off for bereavement leave may be granted and charged to vacation leave or compensatory time, if any. Employees covered by a collective bargaining agreement shall receive bereavement benefits as stated in the collective bargaining agreement. General Leave The City recognizes that circumstances of a unique personal nature may cause an employee to seek time off without pay. The City may, at its sole discretion, grant unpaid personal leaves of absence to employees ("General Leave"). Approval is required of the employee's immediate supervisor, the Department Head and the City Administrator before General Leave will be granted. In no event will General Leave be granted for longer than ninety (90) days, unless special approval is received from the City Administrator. 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 City will not contribute to the cost of insurance premiums for an employee on General Leave. Employees are expected to return from General Leave when the reason for the leave expires. Employees who take a General Leave have no right to reinstatement. V otinl! Leave Employees may take time otIwork without loss ofpav to vote in a regularly scheduled state primary or general election, an election to fill the vacancy in the office of United States Senator, United States Representative, State Senator or State Representative, or a presidential primary. That right is only to be exercised during the morning of the election. 21 The City will provide an employee with paid time off to serve as an election iudge, provided that the employee gives the city at least 20 days' advance written notice. The City will reduce the employee's pay by the amount the employee is paid to serve as an election iudge. 22 ~GENERAL BENEFITS GENERAL BENEFITS This is 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 subject to change, and such changes may not be reflected in this description. The City 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. INSURANCES Various insurance policies, induding group medical insurance, may be available for eligible City employees and their dependents. The eligibility requirements and benefits provided are specified in materials provided by the respective insurance carriers. The respective carriers may have different requirements concerning the eligibility of employees. The requirements of the respective carrier will govern eligibility. Under some circumstances, eligible employees and their dependents may have the option of continuing coverage under certain City employee insurance plans for a limited time at the employee's own expense when coverage would otherwise end. This continuation right is provided in accordance with COBRA (Consolidated Omnibus Budget Reconstruction Act of 1985) and applicable state law. Contact the Human Resource Department f~r .aMiti'?llal... ..rD;i~;---Fh;;;;;~~o;~;~_---_mml information. DEFERRED COMPENSATION The City provides eligible employees the opportunity to participate in a Deferred Compensation Plan. This is a voluntary plan that allows employees to place a portion of their earnings into a pre-tax deferred investment program. Contact the 1-Iuman Resourct<, I?ePlll1:rn.~Ilt f'?!. illfortIlati()Il...... r';~Fh;;;;~~ -------------1 on this plan. FLEXIBLE BENEFITS PLAN (Section 125) The City offers a plan in which a portion of an eligible employee's pay can be set aside, pre-tax, to cover certain estimated health care and day care costs. This contribution is deducted from gross wages and is reimbursed to the employee upon proof of the medical or day care expenses. The employee must expend all the money contributed to the flexible benefit plan or lose it. For additional information on this plan, contact the..n!lrn_l!Il,RC?~_l?ur~_ep~Partl11ellt____ .____.w____j . j Deleted: Finance l...................................................-...---......... _mmmJ 22 EMPLOYEE DEVELOPMENTffUITION REIMBURSEMENT The City encourages and recommends life long learning for its employees. To encourage continuing education for City employees, the City offers reimbursement to regular full-time employees for up to 75 percent of the tuition fee up to a maximum reimbursement of $3,000 per year for accredited college or other classes directly related to the employee's position with the City. .1:0_ ~e t:ligi~leJo~_ rei01~l1rse-'llt:nt_ !he_ fC!!lo~~n_K rt:quirt:01t:nt_~ _O1\l~~ ~e_lllet: _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - --' 1. Written approval must be received from the employee's department head and the City Administrator prior to the class registration to determine if tuition reimbursement will be made; and 2. The class must apply directly to the employee's position or be required to complete an associate, bachelor's, master's, or doctorate degree in the field in which the employee works; and 3. The employee must successfully complete the class. If letter grades are assigned, the minimum grade required for reimbursement is a C. Books and other non-tuition fees do not qualify for reimbursement. All classes must be taken on employee time and time spent on classes is not considered hours worked. If any portion ofthe employee's class/development activity is conducted during regular work hours, the employee must take vacation or compensatory leave, an unpaid leave of absence, if approved, or arrange for flexible scheduling, if approved by the department head. EMPLOYEE WELLNESS The City believes that employee wellness is very important. In an effort to promote wellness, the City maintains a fitness room equipped with exercise equipment. Employees are encouraged to use the fitness room. All employees must read the City of Elk River Fitness Room Policy and sign an Agreement and Release attached as Exhibit A before using the fitness room. 23 Deleted: Employees enrolled in a college program and taking classes on January I, 2002, that qualifY for this reimbursement are exempt from the $3,000 maximum during the time it takes to complete the program in which they ~~ere.~~!!~don January 1,?~_Z.: 2.:.. GENERAL POLICIES SMOKE & TOBACCO FREE POLICY In an effort to provide a healthy, comfortable and productive working environment for City employees, the City of Elk River provides a non-smoking work environment. All City facilities, in their entirety, are smoke and tobacco free. All City vehicles are smoke and tobacco free. Employees violating the above policy may be subject to disciplinary action. APPEARANCE AND DRESS GUIDELINES The appearance of City employees is a direct reflection on the professionalism of City services. City employees meet with the public every day as part of the regular workday. A neat, well- groomed employee will present a positive image of the City. All employees should dress in a reasonable manner that is appropriate to their job and use good judgment when choosing attire. Clothing must always be clean, neat, and in good repair. Good hygiene is always expected. Violation of this Policy may result in discipline up to and including termination. TELEPHONE USE City telephones are in place to conduct official City business. It is critical that employees be courteous, tactful, professional, and efficient on the telephone. Employees are expected to answer and return calls promptly. Personal calls made or received must not interfere with the employee's work duties. Local personal telephone calls should be made only when absolutely necessary, preferably during scheduled rest breaks or lunch periods. Keep incoming personal calls brief. An employee who spends an excessive amount of time on personal calls may be subject to discipline up to and including termination. Employees with access to or assigned a City cellular/digital phone are not to make personal phone calls on the cellular/digital phone except in emergency situations. Any employee abusing or misusing a cellular/digital phone may be subject to discipline up to and including termination. All personal long distance phone calls must be recorded on a Long Distance Telephone log form. Employees are required to reimburse the City promptly for all charges related to personal long distance and cellular/digital phone use. 24 E-MAIL/INTERNET USE The City of Elk River (the "City") provides e-mail, voice-mail and Internet access to many City employees. This policy sets forth the City's general principles governing e-mail, voice-mail and Internet usage. The telephonic equipment, computer equipment, software, electronic media and services used to supply e-mail, voice-mail and Internet access to employees are the property of the City and are intended to be used for City business. This policy covers all e-mail, voice-mail and Internet usage that: a) is accessed in or from the City's offices; b) is accessed using remote access to the City's computer equipment, telephonic equipment, or services; c) is accessed using the City's computer equipment, telephonic equipment, or any service paid for by the City; d) is used in a manner that identifies the user with the City or that refers to the City in any manner. GUIDELINES APPLICABLE TO ALL E-MAIL AND VOICE-MAIL USAGE . E-mail and voice-mail services are provided for the City's business use. While occasional use of these services for personal, non-business use is acceptable, employees must demonstrate a sense of responsibility and may not abuse e-mail or voice-mail privileges. . All communications sent by employees via e-mail or voice-mail must be respectful in tone and professional. E-mail and voice-mail may not be used for transmitting, retrieving or storing any communications of a discriminatory or harassing nature, derogatory to an individual or group, obscene, or which are of a defamatory or threatening nature. E-mail should not be used for "chain letters" or for any purpose which is illegal, against City policy, or contrary to the City's interests. . The City has the capability to retrieve mail messages even after they have been deleted or erased. Furthermore, the use of passwords on the e-mail and voice-mail system does not mean that messages stored on those systems are confidential from the City or may not be retrieved or reviewed by others. . Employees should be aware that City-provided computer equipment and the information stored in such equipment is the property of the City. The City reserves the right, in its complete discretion, to review any employee's e-mail files, messages, and usage at any time and without notice and/or permission. 25 . Employees must respect other people's electronic communications. Employees may not obtain unauthorized access to another's e-mail or voice-mail messages, except pursuant to direction from the City Administrator for the purposes specified above. . Employees may not use the e-mail or voice-mail systems in a way that causes congestion on the systems or that significantly interferes with another employee's ability to use the systems. GUIDELINES APPLICABLE TO THE USE OF INTERNET E-MAIL AND WORLD WIDE WEB ACCESS . In general, the City encourages the use ofInternet e-mail communications with residents, consultants, and others as a means of providing services more effectively and efficiently. Internet e-mail is provided and is intended for the City's business use. . Employees should not communicate with residents, consultants or others using Internet e- mail without first obtaining their consent. Employees, at all times, must use discretion in communicating sensitive information and should select communications methods that will protect such information. . Any messages or information sent by an employee by Internet e-mail or otherwise posted in the World Wide Web are statements that may be identifiable and attributable to the City, as if an employee was sending a letter on City letterhead. . Internet e-mail may not be used to participate in Internet discussion groups, bulletin boards or other public forums except for approved City business, professional development, or business development purposes. . Internet e-mail may not be used for transmitting, retrieving or storing any communications of a discriminatory or harassing nature, or which are derogatory to an individual or group, or which are obscene, or which are of a defamatory or threatening nature, or for "chain letters" or for any other purpose which is illegal or is against City policy or is contrary to the City's interests. . Acceptable uses of the World Wide Web access services from the City include accessing information for City business-related purposes, professional education and professional development. World Wide Web access is provided primarily for you to retrieve information. Do not post information, comments or statements, except for prior-approved City business, professional development or business development purposes. . A World Wide Web site may request information about you in order to build a user profile or mailing list. Refuse any such requests. Respond "no" to any suggested download, upgrade, or enhancement of software. Do not make any purchases or access a web site that charges a fee, except for approved City business purposes. 26 . Employees may not send e-mail or voice-mail messages that attempt to hide the identity of the sender or that represent the sender as someone else or someone from a different city or a company. . Employees must respect all copyrights and intellectual property rights of others' materials, and may not copy, retrieve, modify or forward copyrighted, patented or trademarked materials except as permitted by the owner or as a single copy for reference use only. . Internet e-mail and World Wide Web access usage is not confidential. The City receives detailed monthly reports on Internet e-mail usage by individual and the City's software tracks each World Wide Web site you visit. BANDWIDTH CONSERV ATlON The City of Elk River uses the Internet for a number of key government functions, such as police access to records and citizen access to public records. To ensure that officers and citizens have sufficient bandwidth to access these applications, the City has implemented a varietv of bandwidth conservation measures. These measures include blocking websites that have no instructional or administrative value. Employees shall not use Internet radio stations for casual listening and/or background music. Employees shall not download music files. ~~l'loxe~s. \Vh()vi.ol3:tea~y. .of theguic!elin~slD.aY.l:>e .slJl:>je.ctto. c!i~<:iPJi~ary. 3:cti()n. il1cl~<iil).g, .b\lt.._. . - - - ~~:_.. not limited to, written warnings, revocation of access privileges and employee termination. ! m.m..J TRAVEL EXPENSES An employee will be reimbursed for actual and necessary expenses incurred when travelling on City business only upon approval of such expenses by the City Council according to the City's Travel Policy attached hereto as Exhibit B. In order to receive reimbursement, the employee must promptly fill out the appropriate claim form and submit it to the department head for consideration and approval. KEYS AND SECURITY Each employee is responsible for securing hislher work area at the end of each day. Be sure that your office, confidential files, etc., are properly secured. All keys in your possession that are for City facilities and/or equipment must be returned to your Supervisor upon termination of employment. 27 PERSONAL USE AND DISPOSAL OF CITY PROPERTY Personal Use All City property and equipment is publicly owned. City-owned equipment and facilities are not available for personal use by employees. Personal use of all City vehicles, machinery, tools, and other equipment is strictly prohibited. Disposal From time to time, City property becomes obsolete, is damaged, or is not needed. Such equipment will be disposed of by the City through salvage, trade, public auction, bid, or other means. If it is determined that a sale or auction is the best way to dispose of property, a notice must be advertised in the official newspaper and will be posted at City Hall and other locations as deemed appropriate. The appropriate department head will determine the minimum price for each item to be sold. . In no instance will anything of value be given away free to anyone including employees; . An employee may purchase no more than one motor vehicle from the City or another political subdivision in any 12 month period; . Employees involved in the auction or process pertaining to the administration and collection of sealed bids are prohibited from purchasing City property. Unauthorized removal of City property or its conversion to personal use may result in discipline up to and including termination. USE OF CITY VEHICLES City-owned vehicles are to be used only by City employees for official City business. Employees who drive or may be required to drive City 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 City vehicle without a valid driver's license will be subject to disciplinary action up to and including termination. All employees must abide by the City's Fleet Safety Program including drug and alcohol testing for all employees who are involved in an accident while driving a city vehicle. Passengers may be carried only when necessary to conduct City business and/or when their transportation via City vehicle is in the best interests of the City. City vehicles may not be used to travel from work to an employee's residence for rest or lunch breaks without prior supervisory approval.City employees conducting official City business out of town (conventions, meetings, etc.). ~~)' . c~IT)' f~~ily ~elllJ:>e~.~ .as. J?ll:~st:l1.gt:~s)f s\lch llc<;ollll'-allilTI.ellt .d~esnot. illttltf~r~. ~~~h tile.:. -. -. { Deleted: ------------1 best interests of the City and it has been approved by the department head. . Deleted: upon approval of department . head and only _._.___.___J 28 HANDLING CITIZENS' COMPLAINTS Citizen complaints provide an opportunity for feedback and identifying problem areas. How well complaints are handled determines the level of confidence and respect the public holds for its municipal government. When handling a complaint be polite and never argue with the complainant even if he/she is angry, unreasonable or insulting towardso\l~~Jhe__City. __~t_ay__~aIl1l!c()ol.al1d_ c:.oH~t~d.__ When you receive a complaint, it is very important to follow through properly. This can be accomplished by doing the following: Receive and record information. pertinent to the complaint. Determine which City employee is responsible to investigate and take corrective action and forward the complaint accordingly. Follow up on what action has been taken to correct the problem. EMERGENCY CLOSING POLICY It is the City's policy to continue to provide appropriate levels of services to the community during periods of inclement weather or other emergencies. The City will make all attempts to keep its facilities open during normal business hours even though an emergency may exist. The City acknowledges that there may be adverse weather or other emergency conditions (Emergencies) in which employees may need to be excused from work. The City recognizes that the safety of its employees and their dependents is very important. The following Emergency Closing Policy applies to all employees except those employees in departments that are expected to remain open and on duty during such Emergencies. · In the event of an Emergency, the City Administrator and/or the Mayor may declare a State of Emergency. The City Administrator will communicate the declaration of a State of Emergency to all department heads. Department heads are responsible for communicating the State of Emergency to their employees. · When a State of Emergency is declared, each employee may determine whether he/she will remain at work or utilize appropriate leave. If an employee determines that hislher safety or the safety of hislher dependents may be jeopardized if the employee reports to work or if at work, remains on duty, the employee may request authorized emergency leave. An employee with authorized emergen")' leave must utilize vacation or compensatory time for the time away from work. If the employee does not have vacation or compensatory time, the emergency leave will be unpaid. 29 - { Deleted: s _C-___~ EMPLOYEE PARTICIPATION IN CITY FIRE DEPARTMENT Employees of the City of Elk River wishing to be a member of the Elk River Fire Department are allowed and encouraged to participate as a part-time paid firefighter. The following pay provisions in accordance with state and federal laws apply to City employees who also work outside of their regular department as part-time paid City firefighters: Fire Calls During Working Hours An employee will be allowed to respond to fire calls as approved and determined by his/her department head. This determination will be based on the work assignments and responsibilities of the employee. A City employee responding to fire calls during his/her regular work hours will be compensated at the same rate as his/her regular position with the City and no additional firefighter compensation will be paid. However, if an employee takes vacation or compensatory time off so that he/she can respond to a fire call during his/her regular work hours, or if he/she makes up the time so a full eight hours of work in his/her regular position are completed on the same day as he/she responded to a fire call during regular work hours, the employee may receive firefighter pay for the period claimed as vacation, compensatory, or make-up time. Fire Calls During Non Work Hours Employees will receive their normal firefighter compensation for fire calls and training that do not occur during the regular work hours of their regular position. Application of Fair Labor Standards Act (FLSA) Employees will be paid overtime in accordance with the FLSA and the City's Overtime Policy. Actual time worked will be used for determining overtime payment, with no consideration to the one hour minimum call out pay provision for firefighter pay. For example, a false alarm that requires 15 minutes of work will be counted as 15 minutes for FLSA purposes even though the minimum call out of one hour of pay would apply for firefighter pay purposes. By advance mutual agreement, overtime earned for performance of fire department activities may be paid at one and one-half times the employee's firefighter pay rate. POLITICAL ACTIVITY Employees may belong to a political party and are entitled to complete freedom from all interference in casting votes. Employees may seek election or appointment to public office, except to the extent prohibited by the provisions of state or federal law. 30 Political activity must not interfere with an employee's job duties or performance. Political activity during work hours is prohibited. CANDIDACY City employees who become candidates for elective office may request a leave of absence for the purpose of pursuing their candidacy, which may be granted at the City's sole discretion. To the extent that any employee, including one campaigning for office, is unable to perform his or her City duties, he or she may be subject to disciplinary action, up to and including termination. 31 ~LABOR RELATIONS DISCIPLINE The City retains the right to take any disciplinary action it believes appropriate. The type of discipline imposed will be based upon the nature and severity of the infraction and the conditions surrounding the incident. The City retains the sole discretion to determine what behavior warrants disciplinary action and what type of disciplinary action will be imposed. Examples of disciplinary actions include, but are not limited to: Oral reprimand; and/or Written reprimand; and/or Suspension; and/or Demotion; and/or Termination. Disciplinary actions can be taken in any order. In some cases, one or more disciplinary actions will be taken before termination; in other cases, termination will be immediate. The circumstances surrounding the reason for disciplinary action will be reviewed on a case-by- case basis to determine the appropriate level of disciplinary action, if any. While the City strives for consistency, the level of discipline taken in any given case does not establish a precedent for future similar circumstances. This policy does not change the fact that employment with the City is at-will, meaning that an employee has the right to terminate it, at any time and for any reason, with or without cause or notice, and that the City has that same right. 33 L...SAFETY SAFETY The personal safety of each employee of the City of Elk River and the prevention of occupationally induced injuries and illnesses is of primary importance. To the greatest degree possible, management seeks to maintain a safe and hazard-free work environment. It is the policy of the City Council to provide City employees with safe working conditions through the following means: I. A Safety Committee made up of employees and management from the City's departments and employee groups is charged with creating and maintaining a safety program in compliance with all applicable federal, state, and local laws. 2. The Safety Committee or sub-committee reviews occupational illness and injury, and incidents that result in damage to City property, and strives to take action to ensure that unsafe work methods, unsafe work sites, and unsafe equipment are identified and made safe. 3. All employees are required to fully comply with the Safety Program as administered by the Safety Committee. 4. Department heads and other management and supervisory employees are responsible for implementing the Safety Program by training their employees in safe work methods and by enforcing compliance with safety standards set by the Safety Committee. 5. Department heads are responsible for providing all employees with the safety equipment and safety clothing that the City feels is necessary for employees to perform their duties in a safe manner. New employees should receive a copy of the City of Elk River Employee Safety Manual on their first day of employment. Employees are required to read the manual carefully and discuss areas of concern with their supervisor. Employees are required to develop safe work habits and to contribute to the safety of themselves and co-workers. To be successful, the City safety program must be the shared responsibility of all employees. Employees are required to: 1. Immediately report to their supervisor all unsafe equipment, practices or procedures that pose a threat to the safety of employees or others; 2. Cooperate with and assist in the investigation of accidents to identify the causes and to prevent recurrence; 34 3. Be active in department and City safety programs; 4. Observe and promote safe work habits; and 5. Report injuries to supervisor immediately. Employees who do not follow and abide by the City's safety policies will be subject to discipline up to and including termination. SAFETY EQUIPMENT REIMBURSEMENT POLICY The City reimburses employees for certain foot and eye protection required by the City's safety policy. Employees required to wear protective footwear may be reimbursed based on the Foot Protection Policy attached as Exhibit C. Employees required to wear eye protection may be reimbursed based on the Prescription Safety Eyewear Policy attached as Exhibit D. INCIDENT REPORTING Employees are required to report accidents resulting in personal injuries and/or vehicle, equipment, or property damage to their supervisor immediately. Personal fujuries. Immediately report to your supervisor all accidents and injuries occurring within the course of your employment. The supervisor shillt submit a First Report of Iniury and a Supervisor's Report of fujury Form to the Human Resource Representative" ~it_~~~ _~~no/~ f~11!. (~<t) )l~~r~__<?f ~h~J~~~__ __ __ __ __ ___ _ of injury. Vehicle, equipment, or property damage accidents. Immediately report to your supervisor all damage to City property. The supervisor should submit documentation regarding the incident to the Finance Department within twenty-four (24) hours of the time of the damage or accident. A copy of the Minnesota Motor Vehicle Accident Report must be submitted for all vehicle accidents. Further details on this policy and a complete summary of responsibilities and procedures are available from the Safety Coordinator. WORKERS' COMPENSATION An employee who is temporarily unable to work due to an injury or illness sustained in the performance of the employee's work with the City may be eligible for Workers' Compensation subject to the provisions of the State of Minnesota Workers' Compensation Law. An employee who becomes eligible to receive Workers' Compensation will retain the total amount of the Workers' Compensation check and may receive the difference between their 35 { Deleted: ouId - - - { Deleted: Safety Coordinator Workers' Compensation payment and the employee's regular gross salary through the use of accrued sick leave. If accrued sick leave is not available, vacation or compensatory time may be used. The total of the Workers' Compensation check and the accrued leave compensation may not exceed the employee's normal gross pay. 36 8. CONDUCT ..........------------------------------ - - - - -~ - ~ .E1'II_I~~ _ QF' _~lT~J:._I<: ~~I.QXM~Nl' _ _ _ _ _ _ _ _ _ _ __ The City of Elk River finds that it is in the public interest and general welfare of the City and its citizens that a statement of ethics be established for all employees of the City. 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. ACCEPTING GIFTS Employees shall not accept, either directly or indirectly, any money, property, gift, gratuity, reward, loan, fee, discount, or special consideration or special accommodation arising from or offered because of their employment or any activity connected with their employment with the City. EMWLOYEEENDORSEMENTS No employee shall, in any manner or form, endorse, recommend, or advertise a product or service by using the City's name or the employee's name and/or title. CONFLICT OF INTEREST The credibility of local government rests heavily upon the confidence that citizens have in public officials and employees to render fair and impartial services to all citizens without regard to personal interest and/or political influence. Thus, City officials and employees must scrupulously avoid any activities that suggest a conflict of interest between their private interests and City responsibilities. The City has adopted a Conflict of Interest ordinance that addresses these issues. Employees and officials are required to follow all applicable laws related to conflicts of interest, including the City's Conflict of Interest ordinance that is attached as Exhibit E. HARASSMENT The City of Elk River strives to maintain a work environment free of offensive conduct or harassment of any type. Harassment Policy Purpose of Policy 37 _ _ { Formatted: Font: 16 pt ..-] ::::: :S!~k~::-=tl ---section Break (Next Pagel==--- I It is the policy of the City that all employees have a right to work in an environment free from discrimination and intimidation, including harassment. The mission of the City is best accomplished in an atmosphere of professionalism that in turn is supported by mutual respect and trust. The City expects all employees to work toward this goal. Harassment based on a person's race, color, creed, religion, national OrIgin, sex, sexual orientation, disability, age, marital status, status with regard to public assistance, veteran status or any other protected class status may be unlawful and is strictly prohibited by the City. Definitions of Sexual and Other Forms of Harassment Harassment consists of unwelcome conduct based on a person's race, color, creed, religion, national origin, sex, sexual orientation, disability, age, marital status, 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. The City prohibits harassment in any form, including verbal, physical, and visual harassment. 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 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. The City prohibits sexual harassment in any form, including verbal, physical, and visual harassment. Some examples of conduct that may be sexual harassment under this policy include: · use of offensive or demeaning terms which have sexual connotations; · telling suggestive jokes or stories and conversations about sexual exploits, sexual preferences, and desires; · jokes, cartoons, pictures, objects or stories which have a sexual content; 38 · threats, demands or suggestions that an employee's work status, advancement or other terms and conditions of employment are contingent upon the employee's toleration of or acquiescence to unwelcome sexual advances; · repeated, unwelcome sexual flirtations, propositions, or invitations to social engagements; or . unwelcome and objectionable physical contact or physical proximity. Scope of Policy This policy prohibits same sex harassment and harassment by members of the opposite sex. In addition, this policy prohibits sexual harassment and any other form of harassment by any individual, including managers and supervisors, employees, co-workers, and third parties such as clients, elected officials, consultants, contractors or vendors who deal with the City's employees. Reporting Harassment If at any time you feel you are being harassed, you should immediatelv contact: your supervisor; and/or a department head; and/or the Human Resource Representative; and/or the City Administrator The City wants to resolve any problems, but it can do so only if it is aware of them. The City encourages any individual who believes he/she is being harassed to report any and all incidents of perceived harassment. Your report may be verbal or written; in either case, it is important that you state that your report is being made under this harassment policy, or that it concerns harassment. You may choose to whom you make the report; that choice, however, must be made from the list of individuals named above. The City will promptly investigate harassment complaints 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. 39 Confidentiality Every effort will be made to protect the confidentiality of information the City receives pursuant to this policy to the extent possible and to the extent permitted by law. No Retaliation Retaliation against any individual for making a 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 above. Questions About Policy Any questions about this policy or a related matter, should be referred to the City Administrator "{ Deleted: FinanceDirector or Human Resource Representativt;. __ ___ ___ ___ __ __ __ __ __ __ ___ __ __ __ __ __ _ __ __ __ __ ___ _ __ __ __ __ __ _ _ __ _____ WORKPLACE VIOLENCE The City of Elk River seeks to provide a safe and secure workplace environment for employees, volunteers, vendors, and citizens. Violence, or the threat of violence, has no place on City premises. The City is committed to preventing the potential for violence in and around the workplace and to fostering a work environment of respect and positive conflict resolution. Many City employees may be exposed to violence by the nature of their jobs. Violence or the threat of violence by or against any City employee or other person while on City premises is strictly prohibited and may subject the individual to serious disciplinary action and/or criminal charges. Possession, use, or threat of use of an object that could be considered a dangerous weapon, including all firearms, is prohibited on City premises, including City vehicles, unless such possession or use is an approved requirement of the City job. The City strives to provide a workplace environment in which all its officials and employees treat each other, their customers, clients, and all others with courtesy, dignity, and respect. DRUG AND ALCOHOL POLICY Because the City has contracts with the federal governmental agencies, it is subject to the Drug- Free Workplace Act. The Act places certain requirements on employers regarding maintaining a drug-free workplace. According to the Act the City is required to give all employees the following notification: 40 The unlawful manufacture, distribution, dispensation, possession, or use of any controlled substance is prohibited on City property. Employees violating this prohibition may be subject to disciplinary action including, but not limited to, suspension or termination. "Controlled substances" include, but are not limited to, opiates, hallucinogenic substances, depressants, stimulants, and narcotics. The sale of alcohol that is part of an employee's job duty is an exception to this policy. The Drug-Free Workplace Act prohibits only unlawful use, possession, or distribution of such drugs in the workplace, and not the lawful use of prescription medications. As a condition of continued employment at the City, all employees must: (1) Abide by the terms ofthis statement; and (2) Notify the employee's supervisor. the Human Resource Representative. or City Administrator pfaI1Y- ~rl~i.nlll.df\lgs~):).l!~. ~l?n"icti(}n_arisiIlgollt .of ll............ .... violation occurring on City property no later than five days after the conviction. The City retains the right, at its discretion, to report employee conduct violating this policy to law enforcement officials and to turn over any controlled substances to the custody oflaw enforcement officials. Employees who are taking prescribed drugs or over-the-counter drugs that may affect the safety of others must obtain a determination from their physician as to whether the drug could affect the job safety of the employee or others. In the event that job safety may be affected, the employee must inform his or her immediate supervisor so that appropriate accommodations and arrangements can be made. It is the City's continued policy to maintain a drug-free workplace. If you have questions about this policy, its implementation, or its application to you, please contact the City Administrator or Human Resource Representative". . The City's Employee Drug and Alcohol Policy for Drivers of Commercial Vehicles is attached as Exhibit F. ,.. 41 ..' f Deleted: r or a person designated by 1 l the City Council . . { Deleted: Finance Director 1 -.J .. .............,m..................... ..... .. ..........., H . ......! <~I~:tmmj '. - { Formatted: Lef1:~~p.~~~~!] ..rF,;~~()~F,;1_~():L_I<:X l\~1\Nl! A~ __ RECEWT AND ACKNOWLEDGMENT By signing this receipt, I acknowledge that I have received a copy of the City of Elk River's Personnel Policy Manual. I agree to abide by the rules, regulations, and policies contained therein, or hereafter added. I understand that the Policy Manual may be amended at any time, with or without notice. Finally, I understand that the Policy Manual does not create a contract of any type between the City and me. I understand that unless provided otherwise by statute or applicable collective bargaining agreement, my employment with the City is at-will, meaning that I have the right to terminate my employment at any time, with or without cause or notice, and that the City has the same right. Date Print or Type Name Signature 38 ,,{ Deleted: .section Break (Next Page). ] EXHIBIT A "~{ Deleted: .section Break (Next Page). ] INTRODUCTION The City of Elk River strongly believes in a philosophy of promoting employee wellness. An employee wellness program benefits both the employer and employee plus, as we are dealing with City employees, an employee wellness program benefits the community as a whole. Healthy employees tend to be more productive employees and healthy employees require less City expenditures (Le. City insurance costs; use of sick time and its related overtime expenses; etc.). It makes good common sense for the City to do as much as possible, even to the point of providing a fitness room and spending funds for equipment, to have a healthy work force. An employee fitness room and equipment is one part of a larger City wellness program. POLICY It is difficult to establish rules when the City. is encouraging everyone to utilize the wellness room equipment; however, it has become apparent that some guidelines are necessary. It is the intent of the City to keep the rules and regulations at a minimum and to keep the city exercise room and equipment policy simple. Emp/ovee and Guest The City fitness or exercise room should not be viewed as a health club, but the City offers the use of this room and equipment to all City employees and to one guest of the employee at a time. Most employees desire to "work-out" with another individual and, in fact, another individual serving as a spotter is required when using some of the free weights in conjunction with a bench. This guest can be a spouse, significant other, child over the age of eighteen, or a friend. Due to safety and insurance issues, no individual under the aae of eiahteen is allowed in the fitness room under any circumstances. EXHIBIT B Waiver All employees who use the fitness room and equipment, and all Quests, must sign a release waiver prior to using the fitness room. This is a requirement of the City insurance company. A vailable Times The City fitness room and equipment will be available to all regular, full time and part time employees, the Police Reserves, Volunteer Fire Department, and City Council. The room is open 24 hours a day, but Quests are onlv allowed with an emolovee. Lockers and Showers Lockers and showers are available in the exercise room vicinity. The Police Department employees and Police Reserves are to use the lockers and showers located in the police department; all other employees use the rooms located in the fitness room. Since these locker rooms are shared, employees are required to leave the locker rooms in a clean, neat condition and do not leave personal items in the lockers. Employees should be courteous - keep your time limited in the locker rooms if others are waiting. The City will not be providing towels for the locker room or for use when employees are using the equipment. Miscellaneous Issues Training on the use of the equipment can be arranged in group settings as necessary . Keys will be provided to all employees who desire access to the room. Disinfectant spray and a towel are located in the fitness room to clean equipment after use. EXHIBIT B FITNESS ROOM CONDUCT AND PROCEDURES 1. EXERCISE CLOTHING - Persons using the facility must be properly attired at all times which would include gym shorts and T-shirts, sweat pants, leotards and tights; shirts are to be worn at all times. Protective footwear is also required at all times (no bare feet). 2. FOUL OR ABUSIVE LANGUAGE will not be used while in the fitness room. 3. LIFTING SPOTTERS are required when using an Olympic bar with heavy plates in conjunction with a bench. 4. DUMBBELLS or plates must be returned to the proper rack or stand. 5. DROPPING OF DUMBBELLS on the fitness room floor is not allowed. 6. MACHINES such as exercise bike, treadmill, and stair climber should be turned off after use unless others are waiting to use it. 7. DISINFECTANT SPRAY AND TOWELS are provided in the fitness room. Benches should be sprayed and wiped after use. 8. BREAKDOWN of any piece of equipment should be tagged and brought to the attention of a supervisor as soon as possible. 9. CHALK is allowed as long as it is used neatly. 10. MUSIC in the fitness room is allowed as long as it is kept at a reasonable level and is turned off when leaving the room. 11. LIGHTS should be turned off when the fitness room is not in use. 2 EXHIBIT B ~Q~_ty_ _()f ~l_~ _ ~iy~_r_ _ _ _ _ __ _ __ _ __ _ __ _ _____ Travel Reimbursement Policy Revised January, 1999 The City of Elk River may reimburse employees, volunteers, appointed and elected Employees (hereafter referred to as Employees) for actual expenses incurred while acting as a representative of the City. Unless otherwise required by law, the following conditions must be met in order to qualify for reimbursement: 1. The expenditure must qualify as a public purpose expenditure as determined by State law and the Elk River City Council for which the City may use tax money. 2. Prior supervisory approval from the department head or City Administrator must be received before reimbursement will be made. 3. Reimbursement will be made only for actual out of pocket expenses which are directly related to the reason for which the Official is representing the City. Reimbursement shall be made in accordance with the rules stated in this policy. No reimbursement will be made to an Employee unless the reimbursement request meets the following criteria and the proper required documentation is included with the reimbursement request. 1. REIMBURSEMENT REQUEST: An itemized Expense Reimbursement Request form (as provided by the Finance Department) must be completed and submitted within thirty days following the date of the expense being incurred in order to be eligible for reimbursement. a) The expense report must be signed by the Employee requesting reimbursement and the department head or City Administrator. b) Receipts must be attached for all items for which reimbursement is requested. i) If an overnight stay is required, receipts may not be needed for all items. See 3b and 3c below. 2. TRAVEL: Whenever possible a City vehicle is to be used for City related travel. a) If a city vehicle is not available, reimbursement will be made for the mileage incurred during travel for City business. i) Reimbursement will be made at the rate approved as the Federal Government mileage reimbursement rate. b) If out of state travel is required, air transportation is recommended and will be reimbursed by the City. 3 Deleted: 11 Page Break Section Break (Next Page)- , Travel Policy Revised January 1999 i) Employees should select the most economical airfare that fits the conference or meeting schedule. ii) An Employee may elect to drive for personal reasons instead of utilizing air transportation with the following provisions: a) Prior written approval must be received from the department head or City Administrator. b) On the date permission is received to drive, the Employee must contact a travel agent and get two written quotes for airfare based on the most economical rate available that fits the conference or meeting schedule. The quote must include the departure and arrival times. The written quote shall be attached to the Reimbursement Request. c) Reimbursement will be made based on actual mileage times the reimbursement rates as stated in 2.a.i or the airfare identified in 3.b.iLb) whichever is less. d) Lodging reimbursement shall be limited to the period of time required if air transportation had been used. e) Meal reimbursement shall be limited to the period oftime required if air transportation had been used. f) Drive time shall be on the Employee's personal time. 3. MEAL AND MISCELLANEOUS EXPENSES: Meals and miscellaneous expenses shall be reimbursed as follows: a) In State or Out of State with no overnight stay required: i) Receipts are required for all meal and miscellaneous expense reimbursements. ii) Reimbursement shall not be made for meals included in the conference or meeting fee. iii) The reimbursement request shall not exceed the set maximums as follows: Breakfast $ 7.00----{ Fonnatted: Indent: Left: 1" Lunch 10.00 Dinner 18.00 b) In State with an overnight stay required: i) No meals are to be charged to the hoteVmotel room. ii) Receipts are not required for meal or incidental expenses. Hi) Reimbursement for meals and incidental expenses will be as follows: Breakfast $ 7.00 Lunch 10.00 Dinner 18.00 Incidentals 5.00 iv) Actual reimbursement for partial travel days will be based on the reasonable time required to reach the destination. 2 Travel Policy Revised January 1999 v) Reimbursement shall not be made for meals included in the conference or meeting fee. vi) Phone calls for City business, parking, taxi, and other travel expenses will be reimbursed separately. Receipts are required. c) Out of State Travel with an overnight stay required: i) No meals are to be charged to the hotel/motel room. ii) Receipts are not required for meal or incidental expenses. iii) Reimbursement for meals and incidental expenses will be as follows: Breakfast $ 9.00 Lunch 11.00 Dinner 20.00 Incidentals 5.00 iv) Actual reimbursement for partial travel days will be based on the reasonable time required to reach the destination. v) Reimbursement shall not be made for meals included in the conference or meeting fee. vi) Phone calls for City business, parking, taxi, and other travel expenses will be reimbursed separately. Receipts are required. 4. LODGING: The City will pay for reasonable hotel accommodations. a) An itemized bill from the hotel is required. b) Ifpossible, arrangements should be made for the hotel to bill the City directly. If arrangements cannot be made for direct billing, the City shall reimburse the Employee for such reasonable lodging expenses except: i) Expenses incurred for lodging during drive time as stated in 2.b.ii above or extra days not directly required to meet the meeting or conference schedule. ii) Expenses for personal phone calls. iii) Expenses for meals charged to the room. iv) Expenses for other personal expenses charged to the room. 5. ADVANCE EXPENSE CHECK: If requested, an advance expense check may be issued for estimated travel expenses. a) The advance shall be issued pursuant to Minnesota Statute 471.97. i) Receipts are required for all expenses. ii) A signed Reimbursement Request with receipts must be submitted within 30 days of travel. iii) The City shall determine the estimated travel expense amount to be advanced. 3 Travel Policy Revised January 1999 iv) Any additional reimbursement due to the Employee shall be paid by the City based on the receipts submitted. v) Any refund due from the Employee shall be paid to the City within 10 days of submission of the Reimbursement Request. The refund due from the Employee shall be based on the actual receipts submitted. vi) All other provisions of this travel policy apply to determine the expenses eligible for reimbursement. 6. OTHER a) All reimbursements will be subject to tax as required by IRS regulations. b) Alcoholic beverages shall not be included in the meal reimbursement request. c) Incidentals shall include phone calls, newspapers, gratuities and etc. d) Reimbursement shall not be made when receipts are not submitted as required. e) Only actual expenses for the Employee shall be submitted and reimbursed. The Employee is responsible for all lodging, meal, travel, and other expenses of any individual accompanying the Employee. t) The Employee, by signing the Reimbursement Request, acknowledges and agrees that all items included in the Reimbursement Request are legally eligible for reimbursement and meet all ofthe provisions of this travel policy and other applicable laws. January 14, 1999 4 EXHIBIT C City of Elk River Foot Protection Policy All employees will wear footwear appropriate to their job duties. Each affected employee shall wear protective footwear when working in areas where there is a danger of foot injuries due to: . Falling and rolling objects . Objects piercing the sole . Exposure to electrical hazards Employees required to wear protective footwear would include: Street/Parks employees, Wastewater Treatment Plant employees, Building/Zoning inspectors, Fire inspectors and any City employee required to wear protective footwear as determined by their supervisor. Protective Footwear Standard . Must comply with ANSI Z41-1991 Standard which provide both impact and compression protection. . Shall be at a minimum a leather boot type with at least al\o~e,r~tl1e~<lI1kltl__ leather upper for support. Reimbursement Policy . The City will reimburse regular employees a maximum of $ 1 TI,. per YtlatllIldu temporary employees a maximum of $50 per year for the purchase of protective footwear. Funds in excess of those used for footwear may be used to purchase approved safety equipment as authorized by their department head. . Original receipts must be submitted to the Finance Department for reimbursement. Adopted: May 17, 1999 Updated: February 9. 2004 --{ Deleted: - - { Deleted: 50 EXHIBIT D City of Elk River Prescription Safety Eyewear Policy Prescription Safety Eyewear 1. 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): 2. The City will provide one (I) complete pair of clear protective industrial safety eyewear every 2 years or at the supervisor's discretion due to prescription change or damage resulting from work-related hazards. "Clear" lenses under this defmition will also include lens tints in shades I or 2. No transition or changeable tint lenses will be allowed. 3. Protective eyewear must comply with ANSI and OSHA approved standards. 4. All charges relating to eye examinations, optional frame styles or lens treatments will be the responsibility of the employee. Adopted: May 17, 1999 6 EXHIBIT E Conflict of Interest Ordinance Section 220-Conflict of Interest 220.00-PolicY The credibility of the local government rests heavily upon the confidence which citizens have in public officials and employees to render fair and impartial services to all citizens without regard to personal interest and/or political influence. Thus, City officials and employees must scrupulously avoid any activity which suggests a conflict of interest between their private interest and City responsibilities. Officials and employees of the City, or their family members, shall not engage or have financial interest in any business or other activity which could reasonably lead to a conflict of interest with the official's or employee's primary City responsibilities. "Family members" of an official or employee shall be deemed to be the official or employee's spouse, parent, children, siblings, father-in-law, mother-in-law, brothers-in- law, and sisters-in-law and the lineal descendants of any of them. Examples of activities which are not in accordance with this policy include, but are not limited to, the following: 1. Entering into any sale, lease or contract in violation of Minnesota Statutes, Section 471.87-471.89; 2. Acceptance by a local official of any gift from an interested person in violation of Minnesota Statutes, Section 471.895; 3. Activities which require the official or employee to interpret City codes, ordinances, or regulations which such activity involves matters with which the official or employee has business and/or family ties; 4. Consulting activities carried out within the City if such consulting involves talents or skills primarily related to the official's or employee's City work responsibilities; 5. Using an official's or employee's authority, influence, or City position for the purpose of private or personal financial gain; 6. The use of city time, facilities, equipment, or supplies for the purpose of private or personal financial gain; 7. Entering into a business transaction when it involves using confidential information gained in the course of employment; 8. Accepting other employment for public office where it will affect the official's or employee's independence of judgment or required use of confidential information gained as a result of City duties; 9. Conducting personal business while working regularly scheduled hours; and 10. Accepting rebates or procuring any financial gain through the bidding process or employment of outside personnel; and 220.02-Enforcement Any official or employee engaging in any activity involving either an actual or potential conflict of interest or having knowledge of such activity by another official or employee shall promptly report the activity to the City Administrator, or if such activity be by the City Administrator, to the Mayor. The City Administrator of mayor shall investigate the matter and make a determination as to whether or not an actual or potential conflict exists. If the City Administrator or Mayor determines 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/her 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. 220.04-0fficials For the purposes of this Section 220.04, the term "official" shall include all elected and appointed officials of the City including, but not limited to, the City Council, the Economic Development Authority, and the members of the Boards and Commissions established by Chapter II ofthe City Code of Ordinances. "Employee" shall include any individual employed by the City on a full or part-time basis. 220.06-Elections No elected official shall require, either directly or indirectly, any employees of the City to campaign on his/her behalf as a condition to employment. No employees shall use City time or resources in promoting or advocating the election of any individual. 2 220.08-ADDlicabilitv Nothing I this policy is intended to violate, supersede, or conflict with any applicable state or federal law regarding conflicts of interest in public employment or disclosure requirements. GP:656993 vI 3 EXHIBIT F CITY OF ELK RIVER EMPLOYEE DRUG AND ALCOHOL POLICY FOR DRIVERS OF COMMERCIAL VEHICLES I. POLICY STATEMENT The abuse of drugs and alcohol is a nationwide problem which affects persons of every age, race and gender. The city of Elk River recognizes that work performance is affected and safety problems are created when drivers use or abuse illegal drugs and/or alcohol. The city of Elk River wishes to provide and maintain a safe, drug and alcohol free workplace. The city of Elk River has established the following policy on drugs and alcohol with drug and alcohol testing provisions mandated by the Omnibus Transportation Employee Testing Act of 1991. II. APPLICABILITY 1. The Omnibus Transportation Employee Testing Act requires that all drivers whose job duties include operating a commercial motor vehicle and who are required to hold a commercial driver's license shall be subject to drug and alcohol testing. 2. All applicants, including persons currently employed by the city of Elk River, who apply for a position where job duties include operating commercial motor vehicles (CMV) will be required to take a drug test ifajob offer is made. 3. Any driver found to be in violation of this policy is subject to discipline up to and including termination of employment. III. DEFINITIONS 1. Accident... means an occurrence involving a CMV operating on a public road which results in: A. a fatality; or B. bodily injury to a person who, as a result ofthe injury, immediately receives medical treatment away from the scene of the " accident; or C. one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. page I 2. A1cohol...means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol. 3. Appointiu Authoritv...The City Council 4. Breath Alcohol Technician (BAT)...means an individual who instructs and assists individuals in the alcohol testing process and operates an Evidential Breath Testing Device (EBT). 5. Citv...means the city of Elk River. 6. Commercial Motor Vehicle (CMV)... means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle meets anyone ofthe following criteria: A. Has a gross combination rating of 26,00 1 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or B. has a gross vehicle weight rating of26,001 or more pounds; or C. is designed to transport 16 or more passengers including the driver; or D. is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded. 7. Confirmation Test or Confirmatory Test... In drug testing, a Confirmation Test or Confirmatory Test is a second analytical procedure to identifY the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.) In alcohol testing, a Confirmation Test or Confirmatory Test is a second test, following a screening test with a result .02 or greater, that provides quantitative data of alcohol concentration. 8. Confirmatory Retest...In drug testing, a third testing of the split specimen when the confirmatory test produces a positive result. A confirmatory retest is done at the request and expense of the driver. 9. Controlled Substance...has the meaning assigned by 21 D.S.C. 802 and includes all substances listed on Schedules 1-5 as they may be reviewed from time to time (21 C.F .R. Part 1308). - Drivers will be tested for marijuana (THC metabolite), cocaine, amphetamines, opiates (including heroin) and phencyclidine (PCP). 10. DHHS...The Department of Health and Human Services or any designee ofthe secretary, Department of Health and Human Services. 11. Driver...An employee ofthe City who drives a CMV or performs other safety- sensitive functions on a CMV as part of his or her employment. Employees of page 2 the City who do not drive a CMV or perform other safety-sensitive functions on a CMV are not employees for purposes ofthis Policy. 12. Drue:...means any substance (other than alcohol) that is a controlled substance as defined in this section and 49 C.F .R. Part 40. 13. Evidential Breath Testine: Device (EBT)...means an EBT approved by the National Highway Traffic Safety Administration (NHSA) for the evidential testing of breath. 14. FHWA...The Federal Highway Administration. 15. Medical Review Officer (MRO)...means a licensed physician responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. 16. Performine: (a safety-sensitive function)...a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive function. 17. Random Selection...means a mechanism for selection of drivers for testing where each driver has an equal chance of being tested each time selections are made. 18. Reasonable Susoicion...means that the City believes the appearance, behavior, speech or body odors of a driver are indicative of the use of a controlled substance or alcohol based on the specific, contemporaneous, and articulable observation of at least one (1) supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. 19. Refuse to Submit (to an alcohol or controlled substance test)...means that a driver: IL A. Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; --"---- -------------- --------- --------------------- B. Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice ofthe requirement for urine testing; or C. Engages in conduct that clearly obstructs the testing process. D. Does not remain readily available for post-accident testing as required by federal law and this policy. 20. Safety Sensitive Function...means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work and includes the following: page 3 - i Deleted: ~ l ~ ~ .---------1 A. All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from the duty by the motor carrier. B. All time inspecting equipment as required by the Federal Motor Carrier Safety Regulations, or otherwise inspecting, servicing, or conditioning a CMV at any time. C. All time spent at the driving controls of a CMV. D. All time, other than driving time, in or upon any CMV except time spent resting in a sleeper berth. E. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded. F. All time spent performing the driver requirements on the Federal Motor Carrier Safety Regulations relating to accidents. G. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 21. Substance Abuse Professional (SAP)...means a licensed physician or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. page 4 IV. CIRCUMSTANCES FOR DRUG AND ALCOHOL TESTING 1. Pre-emplovment Testine. All job applicants, including persons currently employed by the City, applying for ajob where duties include operating the City CMV's are required to undergo testing for drugs if a job offer is made. The job offer is contingent upon a negative drug test report and the applicant's written agreement authorizing former employers to release to the City, all information on the applicant's positive drug test results and refusals to be tested within the preceding two years. This information must be received within 14 days of the request. 2. Reasonable Suspicion Testine A. City's Determination of Reasonable Suspicion. The City shall require a driver to submit to an alcohol or drug test when the supervisor has reasonable suspicion to believe that the driver has violated the provisions of federal law concerning alcohol or controlled substance. The City's determination that reasonable suspicion exists to requlre the driver to undergo an alcohol or drug test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. A driver may only be required to undergo reasonable suspicion testing while performing safety-sensitive functions, just before performing safety-sensitive functions, or just after ceasing to perform safety-sensitive functions. B. Trained Supervisor of Driver. The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor of a driver of the City who is trained in accordance with federal law . C. Prompt Administration of Test. If an alcohol test required by federal law and this policy is not administered within two (2) hours following the determination of reasonable suspicion, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If the alcohol test required by federal law and this policy is not administered within eight (8) hours following the determination of reasonable suspicion, all attempts to conduct the test shall cease and the reasons for not administering the alcohol test shall be documented. D. Alcohol Testine. Alcohol testing is authorized only if the observations required are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with requirements ofthis policy requiring the use of alcohol. 3. Post-accident A. Drivers Tested. A post-accident alcohol and drug test shall be performed on any driver who performed safety-sensitive functions with respect to a CMV involved in an accident which resulted in the loss of human life or who received a moving traffic violation in relation to an accident. page 5 B. Alcohol Tests. The driver must provide an alcohol test sample as soon as practicable after the occurrence of the accident. Ifthe driver does not receive the test within two (2) hours of the accident, the reasons shall be documented. After eight (8) hours, all attempts to conduct the alcohol test shall cease and the reasons shall be documented. The driver is prohibited from using alcohol for eight (8) hours following the accident or until the driver has undergone a post- accident alcohol test, whichever comes first. C. Controlled Substance Tests. The driver must provide a urine sample for controlled substances testing as soon as practicable after the accident. After thirty-two (32) hours, all attempts to conduct the test shall cease and the reasons shall be documented. D. Readilv Available. A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the City to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. E. Post Accident Information. The City shall provide drivers with necessary post-accident information, procedures and instructions, prior to the drivers operating a commercial motor vehicle, so that drivers will be able to comply with the requirements ofthis section. 4. Return-to-dutv Testin!!: A driver found to have violated this policy shall not return to the performance of safety-sensitive functions until a retum-to-duty test has been taken which results in a finding of an alcohol concentration of less than 0.02 and/or a negative finding for controlled substances. Timing of return to duty testing shall be determined by the City and/or the SAP. 5. Follow-up Testin!!: A. Follow-up Alcohol and/or Controlled Substance Test. Following a determination by a SAP that a driver is in need of assistance in resolving problems with alcohol abuse and/or controlled substances use, a driver shall be subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the SAP. Follow-up testing shall occur at least six (6) times during the first 12 months following the retum-to-duty and shall not continue beyond 60 months from the retum-to-duty. The driver shall be responsible for all costs associated with follow-up testing. B. Timin!!: of Follow-up to Alcohol Test. Follow-up alcohol testing shall be conducted only while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such safety-sensitive functions or while the driver is in a state of readiness to drive. page 6 6. Random Testinl! A. Selection of Drivers. The selection of drivers for random alcohol and controlled substance testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with a driver's identification or social security number. Under the selection process used, each driver shall have an equal chance of being tested each time selections are made. B. Number of Drivers Selected. For alcohol testing the City shall randomly select a sufficient number of drivers during each calendar year to equal an annual rate of not less than ten percent (10%) of drivers. For controlled substance testing, the City shall randomly select a sufficient number of drivers to equal an annual rate of not less that fifty percent (50%) ofthe drivers. Ifthe required percentage of drivers to be tested is changed by the FHW A, the City will use the lowest percentage allowed. Drivers may be selected for more than one test per year. C. Testinl! Immediacv. The City shall require that each driver who is notified of selection for random alcohol and/or controlled substance testing proceed to the test site immediately; provided, however, that ifthe driver is performing a safety-sensitive function at the time of notification, the City shall ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible. D. Timinl! of Test. A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such safety sensitive functions, or while the driver is in a state of readiness to drive. v. CONTROLLED SUBSTANCE TESTING Controlled Substances Testing is conducted by analyzing a driver's urine specimen. Split urine samples will be collected according to FHW A regulations. The driver will provide a urine sample at a designated collection site. The collection site person shall pour the urine specimen into two bottles labeled "primary" and "split", seal the specimens, complete a chain of custody document and prepare the bottles for shipment to the testing laboratory for analysis. 1. Driver Unable to Provide Aoorooriate Quantitv of Urine. Ifthe driver is unable to provide the appropriate quantity of urine, the collection site person shall instruct the driver to drink not more than 24 ounces of fluids and, after a period of no more than two hours, again attempt to provide a complete sample. If the driver is still unable to provide a complete sample, the testing shall be discontinued and the City notified. The MRO shall refer the driver for a medical evaluation to determine ifthe driver's inability to provide a specimen is genuine or constitutes a refusal to test. 2. Procedures For Ensurinl! Quality and Identification of Samole Results. Immediately after the specimen is collected, the collection site person shall measure the page 7 temperature of the specimen. The time from urination to temperature measure is critical and in no case shall exceed four (4) minutes. A specimen temperature outside the normal range constitutes a reason to believe that the individual has altered or substituted the specimen. In such case, the driver may volunteer to have his or her oral temperature taken to provide evidence to counter the reason to believe the individual may have altered or substituted the specimen. Immediately after the specimen is collected, the collection site person shall also inspect the specimen to determine its color and look for any signs of contaminants. Any unusual finding shall be noted on the urine custody and control form. Whenever there is reason to believe that a driver has altered or substituted the specimen, a second specimen shall be obtained as soon as possible under the direct observation of a same gender collection site person. Both the driver and the collection site person shall keep the specimen in view at all times prior to its being sealed and labeled. The specimen sball be sealed and labeled in the presence ofthe driver. The collection site person shall place securely on the bottle an identification label which contains the date, the individual specimen number, and any other relevant identifying information. The driver shall initial the identification label on the specimen bottle for the purpose of certifying that it is the specimen collected from him or her. The collection site person shall enter on the drug testing custody and control form all information identifying the specimen. The collection site person shall sign the drug testing custody and control form certifying that the collection was accomplished according to the applicable federal requirements. Ifthe initial screening conducted by the laboratory yields a positive result, the result shall be confirmed using gas chromatography/mass spectrometry (GC/MS). 3. Dru2 Test Results. Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports the results to the City's designated contact person. Ifthe results are negative, the City is informed and no further action is necessary. If the test result is confirmed positive, the MRO shall give the driver an opportunity to discuss the test result. The MRO will contact the driver directly, on a confidential basis, to determine whether the person wishes to discuss the positive test result. The MRO must review any medical records supplied by a driver to determine if a confirmed positive test is the result ofthe driver having taken legally prescribed medication. The MRO shall verify and report a positive test result to the City when there is no legitimate medical reason for a positive test result as received from the testing laboratory. A. MRO Unable to Contact Driver. If after making reasonable efforts and documenting these efforts, the MRO is unable to reach the driver directly, the MRO must contact the designated City contact person, who shall direct the driver to contact the MRO. If the City contact person is unable to contact the driver, the driver will be placed on a temporary medically unqualified status or medical leave. B. MRO Mav Verify Positive Test. The MRO may verify a test positive without having communicated directly with the driver about the test results under the following circumstances: page 8 i. The driver expressly declines the opportunity to discuss the test results. ii. The driver has not contacted the MRO within five days of being instructed to do so by the City. If a test is verified under this circumstance, the driver may present information to the MRO documenting that serious illness, injury or other circumstances unavoidably prevented the driver from contacting the MRO. 4. Confirmatory Retest: The MRO shall notify each driver who has a confirmed positive test that the driver has 72 hours in which to request a test of the split specimen at the driver's expense. The driver is responsible for all costs associated with the confirmatory retest unless results are negative. VI. ALCOHOL TESTING Alcohol tests shall be administered by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing device (EBT). Two breath tests are required to determine if a person has a prohibited alcohol concentration. An individually-sealed mouthpiece shall be opened in view of the driver and used for the test. The driver will be required to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. The BAT will ensure that the identification number of the test is correctly recorded, either using the safeguards provided by the equipment or requiring the driver to read the sequential test number displayed on the EBT and recording the displayed result, test number, testing device, serial number of the testing device and time. If the result ofthe screening test is an alcohol concentration of 0.02 or greater, a confirmation test shall be performed pursuant to 49 C.F.R. Part 40.65. If a driver attempts and fails to provide an adequate amount of breath, the City will direct the driver to obtain written evaluation from a licensed physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. page 9 VII. LICENSED TESTING LABORATORY I The testing laboratory shall beMl::dTo){~~0_2_\~IC::~UI!ty_~dl), ~LP~ul,N~u__u --- --- Deleted: HESC Healthcomp 55112 ATTN: Forensic Toxicology, which is a lab certified to perform Evaluation Services Corporation, 2147 controlled substance testing according to DHHS regulations. University Avenue West, Suite 113, St. Paul, MN 55114,888-558-8378,651- 647-5290 VIII. PROHIBITED DRUG AND ALCOHOL RELATED CONDUCT The following alcohol and controlled substance-related activities are prohibited by the FHW A's drug and alcohol rules for drivers of CMV's: 1. Reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater. 2. Being on duty or operating a CMV while the driver possesses alcohol, unless the alcohol is manifested and transported as a part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken. 3. Using alcohol while performing safety-sensitive functions. 4. Performing safety-sensitive functions within four (4) hours after using alcohol. 5. When required to take a post-accident test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first. 6. Refusing to submit to an alcohol or controlled substance test required by post- accident, random, reasonable suspicion, or follow-up testing requirements. 7. Reporting for duty or remaining on duty, requiring the performance of safety- sensitive functions, when the driver uses any controlled substance, except when instructed by a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a CMV. 8. Reporting for duty, remaining on duty or performing a safety-sensitive function, if the driver tests positive for controlled substances. IX. CONSEQUENCES TO DRIVERS ENGAGING IN PROHIBITED CONDUCT Drivers who have engaged in prohibited conduct are subject to the following consequences: 1. Drivers shall not be permitted to perform safety-sensitive functions. page 10 2. Drivers shall be advised by the City ofthe resources available to them.iJLuuuu evaluating and resolving problems associated with misuse of alcohol or use of controlled substances. 3. A driver who engages in a prohibited alcohol or controlled substance activity and receives a verified positive drug or alcohol test result, on the first occurrence, may be subject to disciplinary action as indicated in the City's personnel policy, Section 218.08 (6), ofthe Elk River City Code, but will not be subject to discharge unless: A. the driver refuses to meet with a substance abuse professional for the purpose of an evaluation for alcohol/controlled substance use/abuse and recommendations for an educational, counseling or treatment program; or B. the driver fails to enter the recommended program, or fails to successfully complete the program; or C. the driver fails a retum-to-duty alcohol and controlled substance test at the successful completion of the recommended program or subsequent unannounced follow-up alcohol and controlled substance testing. 4. A driver who engages in a prohibited alcohol or controlled substance activity and receives a positive drug or alcohol test will be evaluated by a substance abuse professional (SAP) who will determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substances use. If that evaluation determines that the driver has a chemical dependency or abuse problem, the SAP will give the driver an opportunity to participate in an appropriate program as identified at the driver's own expense or pursuant to coverage under a driver benefit plan. In such case, the driver may use accumulated vacation or sick leave. If no vacation or sick leave is available, the driver will be placed on an unpaid medical leave of absence. 5. When a driver has a subsequent violation of any prohibited alcohol or controlled substance activity within five years of the first offense, the driver shall be terminated from employment. 6. Each driver identified as needing assistance in resolving problems associated with alcohol or controlled substances shall be evaluated by a substance abuse professional to determine that the driver has followed the rehabilitation program prescribed. If a driver either refuses to participate in a rehabilitation program specified by the SAP or fails to successfully complete the program as determined by the SAP, the appointing authority may take whatever disciplinary action, including termination of employment, that it deems appropriate, as indicated in Section 218.08 (6), of the Elk River City Code. 7. Before a driver returns to duty requiring performance of a safety-sensitive function, he/she shall undergo acetum-to-duty test with a result indicating a breath alcohol level ofless than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use. If as a result of violation of this policy the driver cannot return to work for an undetermined period of time, the driver may use accumulated vacation or sick leave. Ifno vacation or sick leave is available, the driver will be placed on an unpaid medical leave of absence. page 11 { Deleted: in evaluating 8. The driver shall also be subject to unannounced follow-up alcohol and controlled substance testing. 9. In the event of an alcohol test result over 0.02 percent but less than 0.04 percent, a driver shall not be permitted to perform safety sensitive functions for not less than 24 hours. X. REFUSAL TO UNDERGO TESTING AND CONSEQUENCES OF REFUSAL 1. Ri2ht to RefusemAll applicants and drivers have the right to refuse to undergo drug and alcohol testing. If an individual refuses to undergo drug and alcohol testing required by this policy, no such test shall be given. 2. Applicant Refusal...An applicant who refuses to take a drug test shall be disqualified from further consideration for the conditionally offered position. 3. Driver RefusalmA driver refusing to take a drug/alcohol test required by this policy shall not be permitted to perform safety-sensitive functions and will be considered insubordinate and subject to disciplinary action including termination as indicated in Section 218.08 (6), of the Elk River City Code. XI. DRIVER/APPLICANT RIGHTS 1. Request for Confirmatory RetestmAll applicants and drivers subject to the drug testing provisions ofthis policy have the right to request, at driver or applicant expense, a retest of the split urine sample within 72 hours of receiving notice of a confirmed positive test result. A. If the driver requests an analysis of the split specimen within seventy- two (72) hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. B. If a driver has not contacted the MRO within seventy-two (72) hours, the driver may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances that unavoidably prevented the driver from timely making contact. If the MRO concludes that there is a legitimate explanation for the driver's failure to contact within seventy-two (72) hours, the MRO shall direct the analysis ofthe split specimen. 2. Results of Ne2ative RetestmIfthe confirming retest is negative, no adverse action will be taken against the driver and an applicant will be considered for employment. page 12 3. Cony of Test Result...The City shall inform the driver of the right to request and receive from the City a copy of the test result report. XII. DISCIPLINE 1. Persons in Violation...Any person found to be in violation of this policy is subject to discipline up to and including termination of employment as indicated in Section 218.08 (6), of the Elk River City Code. Disciplinary actions taken pursuant to this policy are appealable pursuant to the procedures established in this policy. 2. City's Rie:ht to Discipline...Nothing in this policy limits or restricts the right of the City to discipline or terminate a driver for conduct which violates the City's policies or rules whether or not the driver is not tested for controlled substances or alcohol. 3. Appeals Procedure... A. Non-Veteran Drivers...A non-veteran driver has a right to appeal to the City Administrator no later than twenty-one (21) calendar days after the date of the action. B. Veteran Drivers...A driver who is a veteran has a right to appeal to the City Administrator a permanent demotion (including salary decrease), or a discharge, if the driver submits a notice of appeal within sixty (60) calendar days of the action, regardless of status with respect to the probationary period. A driver who is a veteran may have additional rights under the Veterans Preference Act, Minnesota Statute 197.46. C. Notices of Appeal...All notices of appeal must be submitted in writing to the City of Elk River City Administrator. XIII. CONFIDENTIALITY OF TEST RESULTS All alcohol/controlled substances test results and required records are considered confidential information. Any information concerning an individual's test results and records shall not be released without the written permission ofthe individual except as provided for by regulation or law. XIV. POLICY MODIFICATION The City retains the right to modify this policy at its discretion or to conform to changes in regulation or law. page 13 XV. ALCOHOL AND CONTROLLED SUBSTANCES CONTACT PERSON The City designated contact persons will coordinate the implementation, direction, and administration of the City's alcohol and controlled substances policy. The contact persons are the principal contacts for the collection site, the testing lab, the MRO, the BAT and the person tested. Driver questions concerning this policy should be directed to either of the contact persons listed below. I L___ s:\drugpol2.doc page 14 I Deletl!d: General questions relating I to drug and alcohol program and . _ testing procedure~ " . . "11 Deleted: Assistant I) Deleted: Confulential issues relating to drug and alcohol testing program<U , 3. . Patrick Klaers. Citv Administrator - 635-1001' Deleted: NOTE: Appendix A provides information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life. ~ ACKNOWLEDGMENT OF RECEIPT OF EMPLOYEE DRUG AND ALCOHOL POLICY FOR DRIVERS OF COMMERCIAL VEHICLES I have received a copy of the Transportation Employee Drug and Alcohol Policy and have been provided information on the following: I. The person designated by the City to answer questions about these materials. 2. Who is subject to alcohol misuse and controlled substance requirements. 3. Explanation ofa safety-sensitive function. 4. What driver conduct is prohibited. 5. Circumstances for drug and/or alcohol testing. 6. Procedures used to test for the presence of drugs and/or alcohol. 7. The requirement that drivers submit to controlled substance and alcohol testing. 8. An explanation of what constitutes a refusal to submit to testing. 9. The consequences for drivers violating the prohibitions ofthis rule, including the immediate removal of the driver from safety-sensitive functions. 10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater, but less than 0.04. I I. Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life. Signs and symptoms ofan alcohol or controlled substances problem and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to an employee assistance program, and/or referral to management. 1'__________ page 15 tl?..!.I~~:...:~~~~_Break (Next pag~2:J