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ERMUSR HANDOUT 01-13-2009EMERGENCY UTILITY SHUTOFF RECOMMENDATIONS Minnesota Cold Weather Rule prohibits utilities from shutting off electricity and gas to homes between Oct 15 and April 15. However, if the owner is not current in his/her payments, and makes no attempt to try and catch up and/or follow a payment plan, then the prohibition does not apply. The utility has the legal right to shut off services! Water service can be shut off for nonpayment without following the Cold Weather Rule. ERMU follows that Rule to the letter! These are the steps currently used to carry out the mandates of the Cold Weather Rule: If there is no payment by the 15`" due date, a late payment notice (reminder) with a 10% penalty is sent within 5 days after due date. 2. If the payments for the past due bills are more then 2 months behind, ERMU attempts to contact the owner to set up a payment plan with a notice hung on the door (also a $20 fee is added to the bill for the notice being hung). 3. If no contact is made after the notice is hung on the door, ERMU attempts to contact the homeowner or renter. They usually are given 3 days to contact ERMU. 4. If the property is being rented then the homeowner is contacted and given a 24 hour notice of the disconnection. 5. Note: by the time the second payment is past due and disconnect notice is issued, the owner has consumed electricity and water without payment for at least 3.5 months. At present, no attempt to shut off the water or inquiry to the gas company is made regarding status of gas shut off. Also, no other City or County entity is notified, no mortgage holder is notified, and no visit to the property is made to determine occupancy status. This present mechanism governing shut off is not working effectively in today's environment. There are presently 229 foreclosed homes in Elk River and that number is expected to grow. Several of these foreclosed homes are abandoned so there is little chance of contacting the owner. A shut off without winterizing assures a freeze up resulting in massive damage to the structure! We need to alter our approach as follows: 1. Follow above procedure but dispatch utility personnel to determine status of occupancy if the owner does not respond to the 24 hour warning. If the home is apparently occupied, contact will be attempted and notice of termination of service within 24 hours is delivered in person or left on the front door. If it appears unoccupied, no attempt to shut off electricity will be made until the mortgage holder is contacted. 2. There are two new sources of foreclosure information now available. The one lists gas shut offs made by Centerpoint Energy, and the other is compiled by the City as part of the Federal Foreclosure Grant. The later lists the mortgage holder and law firm representing the mortgage holder. 3. The law firm representing the mortgage holder will be contacted and notice to terminate service within 2 weeks will be given. It is assumed this is ample time for the structure to be winterized. Additional time can be negotiated with an agreement to pay past due bills. 4. Two weeks after the law firm representing the mortgage holder has been notified, ERMU will shut off both the electric and water service. NO ELECTRIC SERVICE SHOULD BE TERMINATED UNLESS THE WATER SERVICE IS ALSO TERMINATED! Notice of same in writing will be forwarded to the law firm representing the mortgage holder, the mortgage holder (if identified), Sherburne County, and City Police. 5. Note: by the time the utility service is terminated, the property has consumed electricity and water for at least 4 months with payment for same. 6. Attempts to collect for past due utility bills will be made prior to returning the services to normal. If that attempt fails, turn the past due water bill, bill to turn the curb stop off and on, garbage bill, and sewer bill in to the County to be assessed to the property taxes. Check to make sure the sewer bill has been turned over to the County for assessment to property taxes in the past! 7. Since the State does not allow the electric or gas bills to be assessed to the property taxes, lobby State to change the law to allow it at least for abandoned properties! ! Once that is accomplished, or a way to do it legally without a change in the law, ask the City for an ordinance for same. ERMU HUMAN RESOURCES FUNCTIONS The City Will Provide Human Resources Functions to ERMU as follows: Be One Primary Designated Recipient for, and Attend to the Processing of, Employee Reports, Complaints, Grievances and Workplace Concerns of Any Kind Manage Employment Dispute Resolution Processes for ERMU Manage Employee Coaching and Performance Reviews Manage Employee Discipline and Termination decisions and processes, working with ERMU managers in the same way as the City HR staff handles such matters for City personnel Manage ERMU Pay Equity Compliance: Administration and Reporting Develop and Maintain Legal Compliance and Utility of ERMU Employment Policies and Procedures, including Employee Handbook, subject to the input and review of ERMU management Other General Human Resources Functions as Needed The City's HR Staff will provide assistance and guidance to ERMU management and staff for the following: Employee Recruiting Employee Selection Employee Orientation and Training (including continuing management training) All Employment Recordkeeping and Data Practices Management ERMU will retain the following functions, but the City HR Staff may provide guidance upon request of ERMU: Administration of Benefits and Payroll Administration of Employee Recruiting and Selection Process 1. Business Conduct In accepting employment with the Utility, employees become its representatives and are responsible for assisting and serving the customers for whom they work. An employee's primary responsibility is to serve the customers of Elk River Municipal Utilities. The values of Elk River Municipal Utilities -ethics, open and honest communication, maintaining a positive workplace for employees, and serving customers -must guide our daily business activities. We strive for and take individual responsibility for ethical behavior -not only because it is the right thing to do, but also because it is a fundamental value in public services. Unacceptable conduct consists of any act or omission that, in the business judgment of Elk River Municipal Utilities, significantly departs from expected standards of behavior affecting the workplace. Some examples of unacceptable conduct include, but are not limited to: 1. Not performing assigned duties to the best of the employee's ability at all times. 2. Not rendering prompt and courteous service to customers and the public at all times. 3. Not maintaining courtesy and professionalism towards other employees. 4. Unauthorized possession of Utility property. 5. Falsifying timekeeping records or any other Utility records. 6. Violating the Utility's work rules regarding alcohol and illegal drugs. 7. Fighting or threatening violence in the workplace. 8. Negligence or improper conduct leading to damage of employer-owned or customer- owned property. 9. Insubordination or other disrespectful conduct, including failing to respond to warnings or directives to improve conduct or performance. 10. Violation of safety or health rules. 11. Sexual or other unlawful or unwelcome harassment. 12. Unauthorized possession of firearms or any object that could be considered a dangerous weapon (or other violation of the Utility's weapons policy). 13. Excessive absenteeism or any absence without reasonable notice. 14. Unauthorized disclosure of business secrets or confidential information. 15. Misuse of Utility resources. 16. Any other behavior unacceptable to Utility management. All employees have a personal responsibility to report any behaviors or practices that may risk our future success. If you have any concerns or questions, discuss them with Human Resources your supervisor or any member of management. These concerns will be treated confidentially (to the extent possible) and with high priority. 2. ETHICS, GIFTS AND CONFLICTS OF INTEREST Utility 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. Utility employees must scrupulously avoid any activities that suggest a conflict of interest between their private interests and Utility responsibilities. 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 Utility. 3. DISMISSAL OR LAY OFF [From Employee Handbook] All new employees shall be on probation for a period of one hundred eighty (180) days. Continued employment during this period shall rest solely with the discretion of the Utilities Commission. Subsequent to that period, the employee shall attain regular status subject to the following: Employees on regular status may be dismissed only for cause, which may include, but is not limited to, the following: Improper conduct or language, insubordination, failure to do the work assigned, dishonesty or stealing, sale, transfer of, or possession of, or being under the influence of intoxicating beverages or controlled or mood altering substances while on the job. The Utility Commission reserves the right to eliminate positions or reduce the hours associated with a position 4. USE AND DISPOSAL OF UTILITY PROPERTY Personal Use All Utility property and equipment is publicly owned. Utility-owned equipment and facilities are not available for personal use by employees. Personal use of all Utility vehicles, machinery, tools, and other equipment is strictly prohibited. Disposal From time to time, Utility property becomes obsolete, is damaged, or is not needed. Such equipment will be disposed of by the Utility through salvage, trade, or public auction. 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 the Utility's office 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, except promotional items, to anyone including employees; • An employee may purchase no more than one motor vehicle from the Utility or another Elk River political subdivision in any 12 month period; • Employees involved in the auction or process pertaining to the administration and collection of sealed bids, or negotiating trade values are prohibited from purchasing Utility property; In the case of used and unwanted utility poles, cross arms, wood chips, wood cable reels where there is a disposal cost, Utility employees or the general public may take these items at no cost. Unauthorized removal of Utility property or its conversion to personal use may result in discipline up to and including termination. Use of Utility Vehicles Utility-owned vehicles are to be used only by Utility employees for official Utility business. Employees who drive or may be required to drive Utility vehicles and equipment are responsible for maintaining a safe driving record and for observing all traffic laws. Seat belts must be properly used at all times. Drivers must carry a current, valid driver's license that is adequate for the type of vehicle being driven. Any employee who operates a Utility vehicle without a valid driver's license will be subject to disciplinary action up to and including termination. Passengers may be carried only when necessary to conduct Utility business and/or when their transportation via Utility vehicle is in the best interests of the Utility. Utility vehicles may not be used to travel from work to an employee's residence for rest or lunch breaks without prior Utility approval. Utility employees conducting official Utility business out of town (conventions, meetings, etc.) may carry family members as passengers if such accompaniment does not interfere with the best interests of the Utility and it has been approved by their department head. 5. Inventory General Policy The Utility has supplies and equipment that is utilized for electric and water infrastructure construction and maintenance. Inventory management is an important operational issue because it affects capital requirements, costs and customer service. Recording Inventory Use Employees that utilize inventory are required to accurately record its use as follows: • Determine/estimate items needed to perform the particular project/day's work; • Remove required items from inventory stock; • Transfer items to vehicle being used to travel to the project/work site; • Upon completion of the project/day's work, record inventory items used on the inventory sheet to be turned in for record keeping; and • Return any unused items to inventory stock in a timely manner. Regular Counts On at least an annual basis, inventory counts are to be performed and a reconciliation of any discrepancies completed to account for all inventory used and inventory still in stock. Because there are inventory items that justify more careful planning and attention, such items will be reviewed with higher frequency. Significant items (as identified by purchasing and management) including items costing over $1,000 per piece or high risk items (such as wire with high salvage values) will be counted quarterly. A reconciliation will be performed for any discrepancies to account for all inventory used and inventory still in stock. Equipment There is equipment that is not in inventory but which is necessary for the completion of electric and water infrastructure construction and maintenance. Items such as chain saws, power drills, crimping tools, etc. are resource investments that need to be managed. A listing of these items, with the quantity and location of each item, will be maintained and periodically reviewed for accountability. The minimum review period will be quarterly. Ensuring Accuracy Employees are responsible for and must take steps to ensure the accuracy and completeness of inventory reporting data. In addition, employees that utilize and transport inventory must take necessary steps to safeguard such inventory from loss or theft. When an employee submits inventory reporting data, he or she is attesting to the accuracy of the data. Knowingly submitting or approving inaccurate inventory reporting data or careless reporting such data is a violation of policy and may subject the person to appropriate disciplinary action. 6. JOB POSTING As position vacancies occur at the Utility, the position's job description will be posted in a prominent location to inform employees of the vacancy. Employees that wish to be considered for the position are encouraged to contact the appropriate decision-maker(s) indicated on the posting. The Utility may also advertise the vacancy to attract external candidates. The Utility retains its managerial rights and will solely decide who is best qualified to fill the vacant position either from current employees or applicants outside the company. 7. PERFORMANCE REVIEWS An employee's immediate supervisor or department head normally will conduct a performance review on an annual basis. Employee performance, however, may be coached or reviewed formally or informally at any time. Performance reviews are an opportunity for employees, management, and the Utility to assess an individual's job performance and to assure the continuing improvement of every employee's performance. The performance review 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. The performance review will usually be documented in writing as well as delivered orally to the employee in person. Completed performance review forms should be signed by the employee and the supervisor or department head delivering the review to the employee. These completed forms are generally maintained in the employee's personnel file. 8. TIME REPORTING POLICY General Policy The goal of the time reporting system is the accurate and timely reporting of time worked (by job or account) and time off (by category). This is essential for (1) ensuring labor costs are properly reported, (2) monitoring actual performance against budgetary goals, and (3) guaranteeing that employees are paid correctly and that their leave accumulations are accurate. Each employee is responsible for his or her own personal reporting, and each supervisor is responsible for reviewing the employee's compliance. Recording Time Employees are required to record the following on their timecard: Amount of Time Worked; • Description of the time worked; • Account to be charged (accounting system designation); and • Work order (as appropriate). The description of the time worked is to document for accountability purposes how the employee's work time was spent. Work orders are utilized for specific projects that track time and labor for billing purposes, capitalization projects, or the installation and repair of security systems. Frequency Employees are required to fill out their timecards daily. It is preferred that employees fill out their timecards at the end of each completed work day, but timecards may be completed within the first hour of arriving at work on the subsequent work day. This is not intended to conflict with payroll deadlines for paperwork. Timecards will be checked periodically throughout the pay period for completeness and accuracy. Timecards must be made available for review/audit upon request by the employee's supervisor. Ensuring Accuracy Employees are responsible for and must take steps to ensure the accuracy and completeness of time reporting data collected. When an employee submits or a supervisor approves time reporting data, he or she is attesting to the accuracy of the data. Knowingly submitting or approving inaccurate time reporting data is a violation of policy and may subject the person to disciplinary action. 9. TELEPHONE, E-MAIL AND INTERNET USE All Utility telephones, computers and software are the property of the Utility. Employees should have no expectation of privacy in their use. Employees may use their work telephones, a-mail, voicemail, and Internet for a reasonable amount of personal use--consistent with the guidelines below-however, employees should do so using non-work time. Violations of this policy may result in discipline, up to and including termination. General Rules for E-Mail and Voicemail Use • Tact counts. If you are not sure e-mail or voicemail are the right medium, for your message, use another form of communication. • Never deliver a reprimand via e-mail or voicemail. • Never gossip, or provide personal information about yourself or someone else, or emotional responses. • Sensitive materials should not be through a-mail. • No insensitive language, such as derogatory, defamatory, or obscene should be used. • No harassing language, including sexually harassing language, or remarks that may be misinterpreted. • E-mail and voicemail should be checked at least daily. • Chain letters is a prohibited use of a-mail. • Keep personal use of e-mail brief. General Rules for Internet Use • Employees may use computer equipment for non-business Internet research or browsing during non-work hours. • Employees must exercise discretion. • Employees must not intentionally access any site that is inappropriate, or that could cause embarrassment to the Utility or employee. Any file downloaded must be scanned for viruses before it is run or accessed. • Employees may not access adult entertainment and sexually explicit material, sites promoting violence or terrorism, illegal use of controlled substances, intolerance of other people/races/religions. • Downloaded files via the Internet into a Utility computer become the property of the Utility. General Rules for Telephone Use Elk River Municipal Utilities telephones are in place to conduct official Elk River Municipal Utilities 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 and shall be kept to a minimum. 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. Employees are required to reimburse the Utility promptly for all charges related to personal long distance and cellular/digital phone use.