ADDITION to AGENDA Scandia Personnel Policy (Redline)
Personnel Policy
Approved by the City Council
March 16, 2010 (Resolution No. 03-16-10-06)
And as Amended
October 19, 2010 (Resolution No. 10-19-10-03)
February 21, 2012 (Resolution No. 02-21-12-05)
Contents
1. Introduction ...........................................................................................2
2. Hiring.....................................................................................................4
3. Resignation/ Termination ......................................................................7
4. Benefits ..................................................................................................8
5. Work Hours and Overtime ....................................................................15
6. Compensation ........................................................................................18
7. Performance Reviews ............................................................................19
8. Discipline...............................................................................................21
9. Grievance Procedure .............................................................................22
10. Employee Responsibility .......................................................................23
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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1. INTRODUCTION
a) Purpose. The purpose of these policies is to establish a uniform and equitable system of
personnel administration for employees of the City of Scandia. They should not be
construed as contract terms. The policies are not intended to cover every situation that
might arise and can be amended at any time at the sole discretion of the City. These
policies supersede all previous personnel policies. Except as otherwise prohibited by law,
the City of Scandia has the right to terminate any employee at any time for any or no
reason. Employees may similarly terminate employment at any time for any reason.
b) At-Will Nature of Employment Relationship This Personnel Policy does not constitute
a promise or guarantee that employment will continue for a specified period of time or end
only under certain conditions. Employment at the City is a voluntary employment-at-will
relationship, and nothing in this Personnel Policy is intended to create an express or
implied contract of employment for a definite period of time or a promise or guarantee of
any benefit. Employees have the right to terminate their employment relationship for any
reason, with or without cause or notice, at any time, and the City has the same right.
a)
b)c) Scope/Applicability. These policies apply to all employees of the City. Except
where specifically noted, these policies do not apply to:
1) Elected Officials;
2) City Attorney;
3) Members of City Boards, Commissions and Committees;
4) Consultants and Contractors;
5) Volunteers.
The following sections do not apply to paid-on-call firefighters, except as may be
specifically noted in the policies:
4. Benefits, except Section d) Retirement
5. Work Hours and Overtime
10. a) 2) Attendance and Absence
10. i) Outside Employment/ Conflict of Interest
If any specific provisions of the Personnel Policies conflict with any current union
agreement or civil service rules, the union agreement or civil service rules will prevail.
Any policy or portion thereof, which does not conflict with a labor agreement, will
remain in full force and effect and will continue to govern the actions of all covered
employees. Nothing in these policies is intended to modify or supersede any applicable
provision of state or federal law.
Departments may have special work rules deemed necessary by the supervisor and
approved by the City Administrator for the achievement of objectives of that department.
Each employee will be given a copy of such work rules by the department upon hiring
and such rules will be further explained and enforcement discussed with the employee by
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Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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the immediate supervisor.
c)d) Data Practices. Employee records are maintained in a location designated by the
City Administrator. Personnel data is kept in personnel files, finance files, and
benefit/medical files. Information is used to administer employee salary and benefit
programs, process payroll, complete state and federal reports, document employee
performance, etc. Employees have the right to know what data is retained, where it is
kept, and how it is used. All employee data will be received, retained, and disseminated
according to the Minnesota Government Data Practices Act.
d)e) Equal Employment Policy. The City of Scandia is committed to providing
equal opportunity in all areas of employment, including but not limited to hiring,
promotion, demotion, transfer, recruitment, selection, lay-off, disciplinary action,
termination, compensation and selection for training. The City of Scandia will not
discriminate against any employee or job applicant on the basis of race, color, creed,
religion, national origin, ancestry, sex, sexual orientation, disability, age, marital status,
status with regard to public assistance, or membership on a local human rights
commission.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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2. EMPLOYEE RECRUITMENT AND SELECTION
a) Job Descriptions
1) Job descriptions and minimum requirements for each job will be developed by the
City Administrator with the assistance of the supervisor, subject to approval by the
City Council prior to the position being filled.
2) A current job description is provided to each new employee. The City Administrator
and the supervisor are responsible for revising job descriptions as necessary to ensure
that the position’s duties and responsibilities are accurately reflected.
b) Recruitment
1) The City Administrator will manage the hiring process for positions within the City.
While the hiring process may be coordinated by staff, the City Council is responsible
for the final hiring decision and must approve all hires to City employment. All hires
will be made according to qualifications and fitness related to the position being
filled.
2) The City Council will determine if a vacancy will be filled through an open
recruitment or by promotion, transfer or some other method. This determination will
be made on a case-by-case basis. The majority of position vacancies will be filled
through an open recruitment process.
3) Application for employment will generally be made on application forms provided by
the City. Other materials in lieu of a formal application may be accepted in certain
recruitment situations as determined by the City Administrator. Supplemental
questionnaires may be required in certain situations. All candidates must complete
and submit the required application materials by the posted deadline, in order to be
considered for the position. The deadline for application may be extended by the City
Administrator.
4) Position vacancies may be filled on an “acting” basis as needed. The City Council
will approve all acting appointments. Pay rate adjustments, if any, will be determined
by the City Council.
c) Testing and Examinations
1) Applicant qualifications will be evaluated in one or more of the following ways:
training and experience rating; written test; oral test or interview; performance or
demonstrative test; physical agility test, or other appropriate job-related exam.
2) The City Council will establish minimum qualifications for each position with input
from the appropriate supervisor. To be eligible to participate in the selection process a
candidate must meet the minimum qualifications.
3) The content and results of the selection process are confidential. Each applicant may
request a meeting with the City Administrator and/or supervisor to review the results.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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d) Pre-Employment Medical Exams and Alcohol and Drug Testing
1) The City Administrator may determine that a pre-employment medical examination,
which may include a psychological evaluation, is necessary to determine fitness to
perform the essential functions of any City position. Where a medical examination is
required, an offer of employment is contingent upon successful completion of the
medical exam.
2) All persons appointed to regular full-time, part-time and paid-on-call positions shall
be required to successfully complete a drug and alcohol screen. An offer of
employment is contingent upon successful completion of the screening. Seasonal and
temporary employees may be required to successfully complete a drug and alcohol
screen if the position they hold requires using a city vehicle. All alcohol and drug
screening will be in compliance with the City’s policies and applicable statutes.
3) When a pre-employment medical exam and/or drug and alcohol screen is required, it
will be required of all candidates who are finalists and/or who are offered
employment for a given job class. Information obtained from the medical exam will
be treated as confidential medical records.
4) When required, the medical exam will be conducted by a licensed physician
designated by the City with the cost of the exam paid by the City.
(Psychological/psychiatric exams will be conducted by a licensed psychologist or
psychiatrist.) The physician will notify the City Administrator or designee that a
candidate either is or isn't medically able to perform the essential functions of the job,
with or without accommodations and whether the candidate passed a drug test, if
applicable. If the candidate requires accommodation to perform one or more of the
essential functions of the job, the City Administrator or designee will confer with the
physician and candidate regarding reasonable and acceptable accommodations.
5) If a candidate is rejected for employment based on the results of the medical exam or
drug and alcohol screening, he/she will be notified of this determination.
e) Selection Process
1) The selection process will be a cooperative effort between the City Administrator or
designee and the hiring supervisor, subject to final hiring approval of the City
Council. Any, all or none of the candidates may be interviewed.
2) The process for hiring seasonal and temporary employees may be delegated to the
appropriate supervisor with each hire subject to final City Council approval. Except
where prohibited by law, seasonal and temporary employees may be terminated by
the supervisor at any time, subject to City Council approval.
3) Relatives of current employees may be hired only if they are the most qualified and
there will be no supervisory reporting relationships between them as a result of the
hiring.
f) Background/ Criminal History/ Driver’s License Checks
1) All finalists for employment with the City will be subject to a background check to
confirm information submitted as part of application materials and to assist in
determining the candidate’s suitability for the position. Except where already defined
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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by state law, the City Administrator will determine the level of background check to
be conducted based on the position being filled.
2) Background checks will generally be conducted after an interview has taken place,
but before a conditional offer of employment is made. For positions within the Fire
Department, background checks may be conducted prior to an interview and any
other testing that may be required as part of the hiring process.
3) For all positions, the city will look at the type of conviction and whether it is directly
related to the job for which the candidate is applying.
4) Candidates for positions working with children will not be selected if they have been
convicted of any crime listed in the Child Protection Worker Act (Minnesota Statutes
299C.61 & 62). Generally, this includes child abuse crimes, murder, manslaughter,
felony level assault or any assault crime committed against a minor; kidnapping,
arson, criminal sexual conduct, and prostitution-related crimes.
5) Before any applicant is rejected on the basis of criminal conviction, he or she will be
notified in writing and will be given any rights afforded by Minnesota Statutes
Chapter 364. This includes the right to show evidence of rehabilitation.
6) A driver’s license check shall be required for all finalists for employment who would
be required to drive as part of their job to verify that they have a safe driving record
and the required class of driver’s license.
g) Training or Probationary Period
1) The training or probationary period is an integral part of the selection process and will
be used for the purpose of observing the employee’s work and for training the
employee in work expectations. Training periods apply to new hires, transfers,
promotions and rehires. Training periods are six months in duration unless otherwise
set by the City Council at the time of hire. Paid on call firefighters shall have a one-
year training period.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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3. RESIGNATION/ TERMINATION
a) Notice Required. Employees wishing to leave the City service in good standing must
provide a written resignation notice to their supervisor, at least fourteen (14) calendar days
before leaving. Exempt employees must give thirty (30) calendar days notice. The written
resignation must state the effective date of the employee’s resignation. Failure to comply
with this procedure may be cause for denying the employee’s severance pay and any future
employment with the City.
b) Severance Pay. Employees who leave the employ of the City in good standing by
retirement or resignation will receive pay for unused Paid Time Off as provided by
Section 4 a) of this policy. Employees have the option of directing those dollars into a
457 deferred compensation plan (subject to IRS regulations and Minnesota law).
c) Layoffs. The City Administrator will maintain a seniority list. In the event that it
becomes necessary to reduce personnel, temporary employees and those serving a
probationary period in affected job classes will be terminated from employment with the
City before other employees in those job classes. Within these groups, the selection of
employees to be retained will be based on merit and ability as determined by the City
Administrator, subject to approval of the City Council. When all other considerations are
equal, the principle of seniority will apply in layoffs and recall from layoff.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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4. BENEFITS
a) Employee Leave
1) Paid Time Off (PTO)
(a) Paid Time Off shall accrue according to the following schedule for regular full-
time employees:
Completed Years of
Employment
PTO Hours
Accrued per Pay
Period
PTO Hours
Accrued per Year
PTO Days (8 hr.)
Accrued per Year
0 – 1 5.5 132 16.5
2 – 4 7 168 21
5 – 9 8 192 24
10 – 14 9 216 27
15+ 10 240 30
(b) The City Council may establish higher levels of annual leave accrual for an
employee at the time of hiring if such authorization serves a public purpose.
Such accruals shall never exceed the maximum allowed.
(c) Regular part-time employees shall accrued PTO on a pro-rata basis if they are
scheduled to work 30 or more hours per week.
2) Administration of Paid Time Off (PTO)
(a) An employee shall not have more than 480 hours of PTO accrued at any time
unless a written request has been submitted to and approved by the City
Administrator and the City Council.
(b) Employees may not use PTO until it has been credited to the employee’s bank
in the payroll system.
(c) Probationary employees will accrue PTO and may use PTO as provided by this
policy, but shall not receive payment for unused PTO if the employee is
terminated during the probationary period.
(d) Accumulated PTO cannot be transferred from one employee to another.
(e) PTO shall not be earned by an employee during leaves of absence without pay
when such leaves are in excess of ten (10) consecutive working days. An
employee receiving either short term or long term disability insurance is
considered to be on leave without pay for the purposes of this section.
(f) PTO will take two forms:
planned time off which will be scheduled in advance with the supervisor's
approval;
unplanned time off which will require notification of the supervisor within 30
minutes of the employee's scheduled work day if the employee is not at work,
or notification of the supervisor before leaving work.
(g) PTO may be used in increments of one hour or more.
(h) If unplanned time off shows a pattern suggesting abuse, the City Administrator
shall notify the employee of his/her concern. If such abuse continues, the
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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employee shall be warned in writing that such continued abuse may be cause to
deny future unplanned time off requests without a physician's note.
(i) The unused balance of PTO shall be paid to an employee leaving the city in
good standing as provided by Section 3 of this policy, at the pay rate the
employee is earning at that time of separation from employment.
3) Transition—Employees Hired Prior to Adoption of PTO Policy
(a) Sick leave shall be placed in a “Sick Leave Bank”. The Sick Leave Bank may
be used in the case of an extended personal illness or disability requiring more
than twenty-four (24) hours of continuous absence from work. The Sick Leave
Bank may be used for the twenty-fifth (25th) and subsequent hour(s) of absence.
(b) The City reserves the right to require a physician’s statement indicating the
nature and length of the disability, and/or the ability of the employee to return to
work, for any absence for which the employee requests use of the Sick Leave
Bank.
(c) No additional Sick Leave shall accrue, and balances shall not be converted to
any other form or thing of value at any time for any purpose for any employee,
except as may be provided by this policy.
4) Holidays
(a) The City observes the following official holidays for all regular full-time and
part-time employees:
New Year's Day (January 1)
Martin Luther King, Jr. Day (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)
Columbus Day (Second Monday in October)
Veteran’s Day (November 11)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving Day
Christmas Day (December 25)
(b) Official holidays commence at the beginning of the first shift of the day on
which the holiday is observed and continue for twenty-four (24) hours
thereafter.
(c) When a holiday falls on a Sunday, the following Monday will be the “observed”
holiday and when a holiday falls on a Saturday, the preceding Friday will be the
“observed” holiday for City operations/facilities that are closed on holidays.
(d) Full-time employees will receive pay for official holidays at their normal
straight time rates, provided they are on paid status on the last scheduled day
prior to the holiday and first scheduled day immediately after the holiday.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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(e) Part-time employees will not receive holiday pay, unless they are normally
scheduled to work at least 30 hours per week. Eligible part-time employees will
receive pro-rated holiday pay based on the number of hours normally scheduled.
(f) Any employee on a leave of absence without pay from the City is not eligible
for holiday pay.
(g) Employees wanting to observe holidays other than those officially observed by
the City may request either PTO or unpaid leave for such time off.
5) Bereavement/ Funeral Leave
(a) Funeral leave may be granted to full time City employees, or to part time
employees scheduled to work 30 hours or more per week. To be eligible for
funeral leave an employee must furnish adequate proof that a death has occurred
with the employee's immediate family.
(b) The term "immediate family" shall include spouse, parents, step-parents, child,
step-child, grandchild, step-grandchild, siblings and step-siblings of the
employee, or grandparents of the employee or spouse, mother-in-law or father-
in-law. Relatives of the employee other than those above listed shall not be
considered members of the immediate family for the purposes of this policy.
(c) Paid funeral leave may be granted for one, two or three work days where the
supervisor concludes such leave is warranted provided that no more than three
days (24 hours) of paid funeral leave per calendar year shall be allowed.
6) Jury Duty
(a) Regular full-time and part-time employees will be granted paid leaves of
absence for required jury duty. Such employees will be required to turn over
any compensation they receive for jury duty, minus mileage reimbursement, to
the City in order to receive their regular wages for the period. Time spent on
jury duty will not be counted as time worked in computing overtime.
(b) Employees excused or released from jury duty during their regular working
hours will report to their regular work duties as soon as reasonably possible or
will take accrued vacation or compensatory time to make up the difference.
(c) Employees are required to notify their supervisor as soon as possible after
receiving notice to report for jury duty. The employee will be responsible for
ensuring that a report of time spent on jury duty and pay form is completed by
the Clerk of Court so the City will be able to determine the amount of
compensation due for the period involved.
(d) Temporary and seasonal employees are generally not eligible for compensation
for absences due to jury duty, but can take a leave without pay subject to city
administrator approval. However, if a temporary or seasonal employee is
classified as exempt, he/she will receive compensation for the jury duty time.
7) Court Appearances. Employees will be paid their regular wage to testify in court for
City-related business. Any compensation received for court appearances (e.g.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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subpoena fees) arising out of or in connection with City employment, minus mileage
reimbursement, must be turned over to the City.
8) Military Leave
(a) State and federal laws provide protections and benefits to City employees who
are called to military service, whether in the reserves or on active duty. Such
employees are entitled to a leave of absence without loss of pay, seniority status,
efficiency rating, or benefits for the time the employee is engaged in training or
active service not exceeding a total of 15 days in any calendar year.
(b) The leave of absence is only in the event the employee returns to employment
with the City as required upon being relieved from service, or is prevented from
returning by physical or mental disability or other cause not the fault of the
employee, or is required by the proper authority to continue in military or naval
service beyond the fifteen (15) day paid leave of absence. Employees on
extended unpaid military leave will receive fifteen (15) days paid leave of
absence in each calendar year, not to exceed five years.
(c) Where possible, notice is to be provided to the City at least ten (10) working
days in advance of the requested leave.
(d) Employees returning from military service will be reemployed in the job that
they would have attained had they not been absent for military service and with
the same seniority, status and pay, as well as other rights and benefits
determined by seniority. Unpaid military leave will be considered hours worked
for the purpose of paid time off (PTO) accruals.
(e) Eligibility for continuation of insurance coverage for employees on military
leave beyond fifteen (15) days will follow the same procedures as for any
employee on an unpaid leave of absence.
9) Leaves of Absence Without Pay
(a) The City Administrator may, giving consideration to the needs of the City and
the ability of the remaining staff to accomplish work responsibilities, authorize
regular employees to be absent without pay for personal reasons for a period or
periods not to exceed a total of ten (10) working days in any calendar year.
(b) Requests for leave of absence without pay in excess of ten (10) days in a
calendar year must be submitted to and approved in advance by the City
Council. Employees shall request such leaves of absence without pay in writing
in advance of the date so desired indicating the reason(s) for absence, the
specific absence period and anticipated date of return to work.
(c) Leaves of absence will not be given for the purpose of enabling any employee
to work for another employer or to engage in any form of self-employment.
Any employee who obtains a leave of absence by misrepresenting its purpose
shall be discharged.
(d) While on approved leave of absence without pay exceeding ten consecutive
working days, an employee will not receive city contributions to city sponsored
insurance(s) in which he/she is a member or be eligible to accrue PTO or
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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holiday pay. Nor will the time on leave of absence without pay be considered
for purposes of calculating time in active service where the period exceeds ten
consecutive working days.
10) Parenting Leave
(a) Employees who work twenty (20) hours or more per week and have been
employed more than one year are entitled to take an unpaid leave of absence in
connection with the birth or adoption of a child. The leave may not exceed six
weeks, and must begin within six (6) weeks after the birth or adoption of the
child.
(b) Employees are not required to use accumulated PTO during Parenting Leave but
may do so at their option.
(c) The employee is entitled to return to work in the same position and at the same
rate of pay the employee was receiving prior to commencement of the leave.
Any group insurance coverage in which the employee participates will remain
in effect during the six (6) week Parenting Leave.
11) Special Statutory Leaves
(a) Any employee who works an average of 20 hours per week or more may be
granted unpaid leave not to exceed 16 hours per 12 month period to attend
school conferences or school related activities related to the employee’s child.
This leave shall be granted only if: a) such activities cannot be scheduled for
non-work time; b) the activities are scheduled to minimize work disruption; and
c) the supervisor is apprised of the request in advance (preferably one week or
more).
(b) Any employee who works an average of 20 or more hours per week may be
granted a leave of absence to undergo a medical procedure to donate bone
marrow in accordance with applicable state law.
(c) The policies in this section are general statements of federal and state statutes
and regulations. They are for information purposes only and are not meant to
increase or decrease the benefits actually available by statute.
(d) The Employee must comply with all requirements for furnishing information as
outlined in the statutes.
b) Health Insurance
1) Eligibility.
(a) Employees eligible for the City’s health insurance plan are only those hired for
regular full time positions scheduled to work 40 hours or more per week, or
regular part-time positions scheduled to work at least 30 but less than 40 hours
per week.
(b) An employee newly hired in a position eligible for the health insurance plan
may participate in the plan beginning on the first day of the month following the
60th day after their date of hire.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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(c) Seasonal, contract, part-time, temporary, paid on call, or volunteer employees
are excluded from eligibility except when such groups are expressly included by
the provisions of this policy.
2) City Contributions to Premiums
(a) The City may contribute to the cost of the employee health insurance and/or a
health savings account or similar plan in an amount set by City Council
resolution from time to time.
(b) To qualify for the City contributions to the cost of health insurance the
employee shall authorize payroll deductions as may be required to cover the full
cost of any premiums.
3) Health Savings Accounts. The city may contribute to a health savings account or
similar plan in an amount set by City Council resolution for each calendar year. Any
administrative fees for these accounts shall be paid from the account.
4) Participation. Eligible employees shall not be allowed to opt out of the insurance
plan, but may opt out of the health savings account. Employees who opt out shall
receive no additional compensation.
5) Employee Resignations. The City shall pay the employer cost of health insurance
premiums for the month immediately following the employee’s resignation if:
(a) the employee provides notice required to leave the city’s employment in good
standing, and
(b) the employee has paid time off time on the books sufficient to carry them
forward into at least the first working day of the next month following his/her
resignation, and
(c) the employee authorizes in writing the deduction of his/her share of health
insurance premiums from his/her last check, and
(d) the employee authorizes in writing the deduction of the balance of any
contribution to a health savings account or flexible benefit amounts from his/her
last check.
6) City Discretion. Health insurance benefits are offered at the City's discretion to
certain classes of employees. The City reserves the right to unilaterally change,
delete, modify or otherwise revise employment benefits, eligibility requirements and
administrative procedures at its sole discretion.
c) Life Insurance and Disability Insurance. The City may contribute a monthly amount
toward group, dental, life insurance, short-term disability, and/or long-term disability
benefits for each eligible employee and his/her dependents. The amount to be
contributed and the type of coverage will be determined annually by the City Council.
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d) Retirement. The City participates in the Public Employees Retirement Fund (PERA) to
provide pension benefits for its eligible employees. The City and the employee contribute
to PERA each pay period as determined by state law. Employees are also required to
contribute a portion of each pay check for Social Security and Medicare (the City
matches the employee’s social security and Medicare withholding). For information
about PERA eligibility and contribution requirements contact the City Administrator.
The City may offer other retirement programs (i.e. 457 Deferred Compensation Plans) to
eligible employees.
Paid-on-call firefighters are members of the Scandia Fire Relief Association.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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5. WORK HOURS AND OVERTIME
a) General Working Hours
1) Work schedules for employees will be established by the City Administrator. The
regular work week for full-time employees is five eight-hour days in addition to a
lunch period, Monday through Friday. Part-time employees shall maintain such
hours in accordance with the customs and needs of the department, as approved by
the City Administrator.
2) Office hours for the city office are 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00
p.m., Monday through Friday. Public Works Department hours are 7:00 a.m. to 3:30
p.m. Monday through Friday.
3) Regular work schedules and/or office hours may be changed by the City
Administrator with written notice at least one week in advance to the affected
employee(s.)
b) Meal Breaks and Rest Periods
1) A paid fifteen (15) minute paid break is allowed within each four (4) consecutive
hours of work. An unpaid thirty (30) minute lunch period is provided when an
employee works eight or more consecutive hours.
2) Employees working in City buildings will normally take their break at an appropriate
place for that purpose in each building. Employees working out-of-doors will
normally take their break at the location of their work. Employees whose duties
involve traveling throughout the City may stop along the assigned route at a
restaurant or other public accommodation for their fifteen (15) minute break.
Exceptions may be approved by the supervisor or City Administrator.
3) Departments with unique job or coverage requirements may have additional rules,
issued by the supervisor and subject to approval of the City administrator, on the use
of meal breaks and rest periods.
c) Adverse Weather Conditions
1) City facilities will generally be open during adverse weather. Due to individual
circumstances, each employee will have to evaluate the weather and road conditions
in deciding to report to work or leave early. Employees will be allowed to use
accrued PTO or compensatory time, or with supervisor approval may modify the
work schedule or make other reasonable schedule adjustments.
2) Public works maintenance employees will generally be required to report to work
regardless of conditions.
d) Emergency Work/ Callbacks
1) A non-exempt, over-time eligible employee who is called in to work after hours will
be paid for a minimum of two hours.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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e) Overtime/ Compensatory Time
1) The City has established this overtime policy to comply with applicable state and
federal laws governing accrual and use of overtime. The City Administrator will
determine whether each employee is designated as “exempt” or “non-exempt” from
earning overtime pay.
2) Employees may be required to work overtime as a condition of continued
employment. Refusal to work overtime may result in disciplinary action.
Supervisors will make reasonable efforts to balance the personal needs of their
employees when assigning overtime work.
3) Non-Exempt (overtime-eligible) Employees:
(a) All overtime-eligible employees will be compensated at the rate of time and
one-half for all hours worked over 40 in one workweek. Paid time off, sick
leave, and funeral leave do not count toward “hours worked”. Paid holidays, and
up to 4 hours of compensatory time off in one workweek, shall count toward
“hours worked” for the purpose of calculating overtime compensation.
(b) The workweek begins at midnight on Sunday and runs until the following
Saturday night at 11:59 p.m.
(c) Compensation will take the form of either time and one-half pay or
compensatory time. Compensatory time is paid time off at the rate of one and
one-half hours off for each hour of overtime worked.
(d) The employee’s supervisor must approve overtime hours in advance. An
employee who works overtime without prior approval may be subject to
disciplinary action.
(e) Overtime earned will be paid at the rate of time and one-half on the next
regularly scheduled payroll date, unless the employee indicates on his/her
timecard that the overtime earned is to be recorded as compensatory time in lieu
of payment.
(f) The maximum compensatory time earned for any employee is eighty (80) hours
per calendar year. All further overtime will be paid. Employees may request
and use compensatory time off in the same manner as other leave requests.
(g) All compensatory time will be marked as such on official time cards, both when
it is earned and when it is used. All unused compensatory time accrued will be
paid when the employee leaves city employment at the hourly pay rate the
employee is earning at that time.
4) Exempt (non-overtime-eligible) Employees
(a) Exempt employees are expected to work the hours necessary to meet the
performance expectations for their positions. Generally, to meet these
expectations, and for reasons of public accountability, an exempt employee will
need to work 40 or more hours per week. Exempt employees do not receive extra
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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pay for the hours worked over 40 in one workweek. This includes normal work
hours, evening meetings and/or on-call hours as necessary.
(b) In recognition for working extra hours, these employees may take some time off
during their normal working hours, with supervisor approval. The time off for
extra hours will not be on a one-for-one basis.
(c) Exempt employees are required to use paid time off when on personal business or
away from the office for four (4) hours or more, on a regular work day. Absences
of less than four (4) hours may not require use of paid leave if the staff member
regularly puts in work hours above and beyond the normal work hours.
(d) If an exempt employee regularly absents themselves from work under this policy
and it is found that there is excessive time away from work which is not justified,
the situation will be handled as a performance issue.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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6. COMPENSATION
a) Pay Plan. Employees of the City will be compensated according to schedules adopted
from time to time by the City Council or at a pay rate set at the time of hire. Unless
approved by the Council, employees will not receive any amount from the City in
addition to the pay authorized for the positions to which they have been appointed.
Expense reimbursement or travel expenses may be authorized in addition to regular pay,
in accordance with the city’s Expense Reimbursement Policy.
b) Paychecks. Paychecks are issued twice each month, for bi-monthly pay periods ending
the 15th and the last day of each month. Pay periods may vary for the Fire and Rescue
Department. Distribution of paychecks to City employees is to be accomplished in a
timely manner using accurate, consistent procedures. Payday will typically be the second
business day following the end of the pay period. Paychecks will not be given to anyone
other than the person for whom they were prepared, unless the person has a note signed
by the employee authorizing the City to give the other person the check. Checks will be
given to the spouse, or another appropriate immediate family member, in the case of a
deceased employee. Employees are responsible for notifying the City of Scandia of any
change in status including changes in address, phone number, names of beneficiaries,
marital status, etc. The City may provide the option of direct deposit of payroll checks.
c) Time Reporting. Employees will be paid according to the time reported on their time
sheets. To comply with the provisions of the federal and state Fair Labor Standards Acts,
hours worked and any leave time used by non-exempt employees are to be recorded daily
and submitted to payroll on a bimonthly basis, not later than 9:00 a.m. on the first
business day following the end of the pay period. Compensation for hours on time
reports submitted after the deadline may be paid in the next payroll cycle. Each time
reporting form must include the signature of the employee and immediate supervisor.
Reporting false information on a time sheet may be cause for immediate termination.
d) Clothing and Footwear. Each full-time Public Works Department employee shall be
reimbursed the sum of three hundred dollars ($300.00) per year for costs incurred toward
clothing and footwear purchased for work purposes. Regular part-time employees
working more than twenty (20) but less than forty (40) hours per week shall be
reimbursed the sum of one hundred fifty dollars ($150.00) per year for costs incurred
toward clothing and footwear purchased for work purposes. Documentation of costs
incurred shall be submitted to the City by December 1 of each year to be eligible for
reimbursement.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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7. PERFORMANCE REVIEWS
a) An objective performance review system will be established by the City Administrator or
designee for the purpose of periodically evaluating the performance of City employees.
The quality of an employee’s past performance will be considered in personnel decisions
such as promotions, transfers, demotions, terminations and, where applicable, salary
adjustments.
b) Performance reviews will be discussed with the employee. Employees do not have the
right to change or grieve their performance review, but may submit a written response
which will be attached to the performance review.
c) Performance reviews are to be scheduled on a regular basis, at least annually. The form,
with all required signatures, will be retained as part of the employee's personnel file.
d) During the training period, informal performance meetings should occur frequently
between the supervisor and the employee.
e) Signing of the performance review document by the employee acknowledges that the
review has been discussed with the supervisor and does not necessarily constitute
agreement. Failure to sign the document by the employee will not delay processing.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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8. DISCIPLINE
a) General Policy
1) Supervisors are responsible for maintaining compliance with City standards of
employee conduct. The objective of this policy is to establish a standard disciplinary
process for employees of the City of Scandia. City employees will be subject to
disciplinary action for failure to fulfill their duties and responsibilities at the level
required, including observance of work rules and standards of conduct and applicable
city policies.
2) Discipline will be administered in a non-discriminatory manner. An employee who
believes that discipline applied was either unjust or disproportionate to the offense
committed may pursue a remedy through the grievance procedures established in the
City’s personnel policies. The supervisor and/or the City Administrator will
investigate any allegation on which disciplinary action might be based before any
disciplinary action is taken.
b) No Contract Language Established. This policy is not to be construed as contractual
terms and is intended to serve only as a guide for employment discipline.
c) Process.
1) The City may elect to use progressive discipline with any employee. Disciplinary
action may include action up to and including termination, based upon the nature and
severity of the infraction and the conditions surrounding the incident. There may be
circumstances that warrant deviation from the suggested order or where progressive
discipline is not appropriate. Nothing in these personnel policies implies that any City
employee has a property right to the job he/she performs.
2) Documentation of disciplinary action taken will be placed in the employee’s
personnel file with a copy provided to the employee.
3) The following are descriptions of the types of disciplinary actions:
Oral Reprimand-- This measure will be used where informal discussions with
the employee’s supervisor have not resolved the matter. All supervisors have
the ability to issue oral reprimands without prior approval. Oral reprimands are
normally given for first infractions on minor offenses to clarify expectations and
put the employee on notice that the performance or behavior needs to change,
and what the change must be. The supervisor will document the oral reprimand
including date(s) and a summary of discussion and corrective action needed.
Written Reprimand-- A written reprimand is more serious and may follow an
oral reprimand when the problem is not corrected or the behavior has not
consistently improved in a reasonable period of time. Serious infractions may
require skipping either the oral or written reprimand, or both. Written
reprimands are issued by the supervisor with prior approval from the City
Administrator. A written reprimand will: (1) state what did happen; (2) state
what should have happened; (3) identify the policy, directive or performance
expectation that was not followed; (4) provide history, if any, on the issue; (5)
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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state goals, including timetables, and expectations for the future; and (6)
indicate consequences of recurrence. Employees will be given a copy of the
reprimand to sign acknowledging its receipt. Employees’ signatures do not
mean that they agree with the reprimand. Written reprimands will be placed in
the employee’s personnel file.
Suspension With or Without Pay-- The City Administrator may suspend an
employee without pay for disciplinary reasons. Suspension without pay may be
followed with immediate dismissal as deemed appropriate by the City Council,
except in the case of veterans. Qualified veterans will not be suspended without
pay in conjunction with a termination. The employee will be notified in writing
of the reason for the suspension either prior to the suspension or shortly
thereafter. A copy of the letter of suspension will be placed in the employee's
personnel file. An employee may be suspended or placed on involuntary leave
of absence pending an investigation of an allegation involving that employee.
The leave may be with or without pay depending on a number of factors
including the nature of the allegations. If the allegation is proven false after the
investigation, the relevant written documents will be removed from the
employee’s personnel file and the employee will receive any compensation and
benefits due had the suspension not taken place.
Demotion and/or Transfer--An employee may be demoted or transferred if
attempts at resolving an issue have failed and the City Administrator determines
a demotion or transfer to be the best solution to the problem. The employee
must be qualified for the position to which they are being demoted or
transferred. The City Council must approve this action.
Salary--An employee's salary increase may be withheld or the salary may be
decreased due to performance deficiencies. The City Council must approve this
action.
Dismissal--The City Administrator, with the approval of the City Council, may
dismiss an employee for substandard work performance, serious misconduct, or
behavior not in keeping with City standards.
4) If disciplinary action involves the removal of a qualified veteran, the appropriate
hearing notice will be provided and all rights will be afforded the veteran in
accordance with Minnesota law.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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9. GRIEVANCE PROCEDURE
a) Process
Any dispute between an employee and the City relative to the application, meaning or
interpretation of these personnel policies will be settled in the following manner:
1) Step 1: The employee must present the grievance in writing, stating the nature of the
grievance, the facts on which it is based, the provision or provisions of the personnel policies
allegedly violated and the remedy requested, to the proper supervisor within twenty-one (21)
days after the alleged violation or dispute has occurred. The supervisor will respond to the
employee in writing within seven (7) calendar days.
2) Step 2: If the grievance has not been settled in accordance with Step 1, it must be presented
in writing, stating the nature of the grievance, the facts on which it is based, the provision or
provisions of the Personnel Policies allegedly violated, and the remedy requested, by the
employee to the City Administrator within seven (7) days after the supervisor’s response is
due. The City Administrator or his/her designee will respond to the employee in writing
within seven (7) calendar days.
3) Step 3: If the grievance has not been settled in accordance with Step 2, it must be presented
in writing, stating the nature of the grievance, the facts on which it is based, the provision or
provisions of the Personnel Policies allegedly violated, and the remedy requested, by the
employee to the Human Resources Committee of the City Council within seven (7) days after
the supervisor’s response is due. The Human Resources Committee or its designee will
respond to the employee in writing within fourteen (14) calendar days.
4) Step 4: If the grievance has not been settled in accordance with Step 3, it must be presented
in writing, stating the nature of the grievance, the facts on which it is based, the provision or
provisions of the Personnel Policies allegedly violated, and the remedy requested, by the
employee to the City Council within seven (7) days after the Human Resources Committee’s
response is due. The City Council or its designee will respond to the employee in writing
within fourteen (14) calendar days. The decision of the City Council is final.
b) Waiver
If a grievance is not presented within the time limits set forth above, it will be considered
"waived.” If a grievance is not appealed to the next step in the specified time limit or any
agreed extension thereof, it will be considered settled on the basis of the City’s last answer. If
the City does not answer a grievance or an appeal within the specified time limits, the
employee may elect to treat the grievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by mutual agreement
of the City and the employee without prejudice to either party.
c) No Grievance Permitted. The following actions may not be grieved: performance
evaluations, pay increases or lack thereof; and merit pay awards.
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Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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9. Open Door Policy/Resolution of Complaints
The City is concerned about every employee, and about every employee's concerns, questions, or
complaints. The City has the following procedure for responding to employee concerns or
complaints. The City’s procedure has two main goals:
1. Goals
a. To ensure that the City responds to every complaint or concern raised by
employees. While employees may not always agree with the City’s
response to a concern or complaint, employees should be assured that the
City will give all complaints and concerns appropriate consideration.
b. To improve communication within the City and provide a means for
concerns and complaints to be resolved as described in the following section
regarding proper complaint procedure.
Employees who have complaints, concerns or questions about any aspect of their employment at
the City, including concerns about compensation or legal compliance by the City, should use the
following procedure:
2. Procedure
a. In most cases, the procedure for employees who have any concerns,
complaints, or questions regarding employment at the City, is to first talk
with their direct supervisor. Often, an informal discussion of such issues
will lead to their quick, effective resolution. Employees should be polite,
but direct about their concerns. If employees have a concern, complaint, or
question which isn't resolved after such an informal discussion, they should
proceed as described in Paragraph b. If employees don't feel comfortable
approaching their supervisor about their concerns, the employee should
bring his/her concerns to the City Administrator.
b. Employees are asked to give complaints to their supervisor in writing or by
email within 14 calendar days of the date the problem occurred. If for any
reason the employee is not comfortable submitting a written complaint to
his/her supervisor, the employee should bring the complaint (orally or in
writing) to the City Administrator within 14 calendar days of the date of
the problem. A copy of all complaints will be forwarded to the City
Administrator.
c. Complaint
The complaint should indicate, in writing or by email:
(i) Employee’s name, position or department, and schedule.
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Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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(ii) What the employee is concerned about. Employees should set forth
a clear statement of what happened, who was involved, when it
happened, why the employee believes it happened and why it is a
problem for the employee.
(iii) Any other information the employee thinks is relevant to his/her
complaint.
(iv) What the employee thinks should be done to correct the problem.
d. The City will generally investigate and respond to an employee’s complaint
within 10 to 14 days. This period may be extended, depending on the facts
and circumstances of each case (such as the number of people who need to
be interviewed or facts to be investigated).
e. Employees should keep the following additional guidelines in mind:
(i) Employees must not be afraid to speak for themselves. This is an
informal procedure and employees may present concerns in their
own words. No formal representation of employees by other
employees or non-employees is necessary and no retaliation will be
permitted against employees who raise concerns or complaints.
(ii) Complaints and actions taken in response will be handled as
confidentially as possible given City’s obligation to investigate and
act upon such complaints or reports.
(iii) Employees may bring complaints, ask questions, and raise concerns
under this policy without fear of reprisal or retaliation. All
employees are responsible for understanding, adhering to and
strictly enforcing this policy. Violations of this policy may result in
discipline, up to and including termination.
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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10. EMPLOYEE RESPONSIBILITY
a) General Work Rules
1) Conduct as a City Employee. In accepting City employment, 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
Scandia. Employees should exhibit conduct that is ethical, professional, responsive,
and of standards becoming of a City employee. To achieve this goal, employees must
adhere to established policies, rules, and procedures and follow the instructions of
their supervisors. The following are job requirements for every position at the City of
Scandia. All employees are expected to:
(a) Perform assigned duties to the best of their ability at all times.
(b) Render prompt and courteous service to the public at all times.
(c) Read, understand and comply with the rules and regulations as set forth in these
Personnel Policies as well as those of their departments.
(d) Conduct themselves with decorum toward both residents and staff and respond
to inquiries and information requests with patience and every possible courtesy.
(e) Report any and all unsafe conditions to the immediate supervisor.
(f) Maintain good attendance.
2) Attendance and Absence. The operations and standards of service in the City of
Scandia require that employees be at work unless valid reasons warrant absence. In
order for a team to function efficiently and effectively, employees must be on the job.
Attendance is an essential function of every City position.
(a) Notification of Supervisor. Employees who are going to be absent from work
are required to notify their supervisor as soon as possible in advance of the
absence. In case of unexpected absence, employees should call their supervisor
before the scheduled starting time. If the supervisor is not available at the time,
the employee should leave a message that includes a telephone number where
he/she can be reached and/or contact any other individual who was designated
by the supervisor. Failure to use established reporting process will be grounds
for disciplinary action. Departments may establish more specific reporting
procedures. The employee must call the supervisor on each day of an absence
extending beyond one (1) day unless arrangements otherwise have been made
with the supervisor.
(b) Failure to Notify Supervisor. Employees who are absent for three (3) days or
more and who do not report the absence in accordance with this policy, will be
considered to have voluntarily resigned not in good standing. The city may
waive this rule if extenuating circumstances warranted such behavior. This
policy does not preclude the city from administering discipline for unexcused
absences of less than three (3) days.
3) News Releases. Formal news releases concerning municipal affairs and concerning
city employees are the responsibility of the City Administrator. All media interviews
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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must be approved by the City Administrator before the interview. All contacts with
the media should be reported to the City Administrator as soon as practicable. No
City employee is authorized to speak on behalf of the City without prior authorization
from the City Administrator or his/her designee.
b) Drug Free Workplace Policy. In accordance with Federal Law, the City of Scandia
has adopted the following policy on drugs in the workplace:
1) Employees are expected and required to report to work on time and in appropriate
mental and physical condition. It is the City’s intent and obligation to provide a drug-
free, safe and secure work environment.
2) The unlawful manufacture, distribution, possession, or use of a controlled substance
on City property or while conducting City business is absolutely prohibited.
Violations of this policy will result in disciplinary action, up to and including
termination, and may have legal consequences.
3) The City recognizes drug abuse as a potential health, safety, and security problem.
Employees needing help in dealing with such problems are encouraged to use their
health insurance plans, as appropriate.
4) Employees must, as a condition of employment, abide by the terms of this policy and
must report any conviction under a criminal drug statute for violations occurring on
or off work premises while conducting City business. A report of the conviction must
be made within five (5) days after the conviction as required by the Drug-Free
Workplace Act of 1988.
5) The City will establish and maintain policies on controlled substance and alcohol
testing for all employees, and for employees who are drivers of commercial motor
vehicles, consistent with state and federal law. Those policies are hereby
incorporated in this Personnel Policy by reference.
c) Respectful Workplace Policy. The intent of this policy is to provide general guidelines
about the conduct that is and is not appropriate in the workplace. The City acknowledges
that this policy cannot possibly predict all situations that might arise, and also recognizes
that some employees are exposed to disrespectful behavior, and even violence, by the
very nature of their jobs.
1) Applicability. Maintaining a respectful work environment is a shared responsibility.
This policy is applicable to all City personnel including regular and temporary
employees, volunteers, firefighters, and City Council members.
2) Abusive Customer Behavior. While the City has a strong commitment to customer
service, the City does not expect that employees accept verbal abuse from any
customer. An employee may request that a supervisor intervene when a customer is
abusive, or they may defuse the situation themselves, including ending the contact. If
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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there is a concern over the possibility of physical violence, a supervisor should be
contacted immediately. When extreme conditions dictate, 911 may be called.
Employees should leave the area immediately when violence is imminent unless their
duties require them to remain. Employees must notify their supervisor about the
incident as soon as possible.
3) Types of Disrespectful Behavior. The following types of behaviors cause a
disruption in the workplace and are, in many instances, unlawful:
(a) Violent behavior includes the use of physical force, harassment, or intimidation.
(b) Discriminatory behavior includes inappropriate remarks about or conduct
related to a person’s race, color, creed, religion, national origin, disability, sex,
marital status, age, sexual orientation, or status with regard to public assistance.
(c) Offensive behavior may include such actions as: rudeness, angry outbursts,
inappropriate humor, vulgar obscenities, name calling, disrespectful language,
or any other behavior regarded as offensive to a reasonable person. It is not
possible to anticipate in this policy every example of offensive behavior.
Accordingly, employees are encouraged to discuss with their fellow employees
and supervisor what is regarded as offensive, taking into account the
sensibilities of employees and the possibility of public reaction. Although the
standard for how employees treat each other and the general public will be the
same throughout the city, there may be differences between work groups about
what is appropriate in other circumstances unique to a work group. If an
employee is unsure whether a particular behavior is appropriate, the employee
should request clarification from their supervisor or the City Administrator.
(d) Sexual harassment can consist of a wide range of unwanted and unwelcome
sexually directed behavior such as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when:
(i) Submitting to the conduct is made either explicitly or implicitly a term or
condition of an individual’s employment; or
(ii) Submitting to or rejecting the conduct is used as the basis for an
employment decision affecting an individual’s employment; or
(iii)Such conduct has the purpose or result of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile or
offensive work environment.
Sexual harassment includes, but is not limited to, the following:
(iv) Unwelcome or unwanted sexual advances. This means stalking, patting,
pinching, brushing up against, hugging, cornering, kissing, fondling or any
other similar physical contact considered unacceptable by another
individual.
(v) Verbal or written abuse, kidding, or comments that are sexually-oriented
and considered unacceptable by another individual. This includes
comments about an individual’s body or appearance where such
comments go beyond mere courtesy, telling “dirty jokes” or any other
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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tasteless, sexually oriented comments, innuendos or actions that offend
others.
(vi) Requests or demands for sexual favors. This includes subtle or obvious
expectations, pressures, or requests for any type of sexual favor, along
with an implied or specific promise of favorable treatment (or negative
consequence) concerning one’s current or future job.
4) Employee Response to Disrespectful Workplace Behavior. Employees who believe
that disrespectful behavior is occurring are encouraged to deal with the situation in
one of the ways listed below. However, if the allegations involve violent behavior,
sexual harassment, or discriminatory behavior, then the employee is responsible for
taking one of the actions below. If employees see or overhear a violation of this
policy, they are encouraged to follow the steps below.
Step 1(a). Politely, but firmly, tell whoever is engaging in the disrespectful behavior
how you feel about their actions. Politely request the person to stop the behavior
because you feel intimidated, offended, or uncomfortable. If practical, bring a witness
with you for this discussion.
Step 1(b). If you fear adverse consequences could result from telling the offender or if
the matter is not resolved by direct contact, go to your supervisor or City
Administrator. The person to whom you speak is responsible for documenting the
issues and for giving you a status report on the matter no later than ten business days
after your report.
Step 1(c). In the case of violent behavior, all employees are required to report the
incident immediately to their supervisor, City Administrator or Police Department.
Any employee who observes sexual harassment or discriminatory behavior, or
receives any reliable information about such conduct, must report it within two
business days to a supervisor or the City Administrator.
Step 2. If, after what is considered to be a reasonable length of time (for example, 30
days), you believe inadequate action is being taken to resolve your
complaint/concern, the next step is to report the incident to the City Administrator or
the Mayor.
5) Supervisor’s Response to Allegations of Disrespectful Workplace Behavior.
Employees who have a complaint of disrespectful workplace behavior will be taken
seriously. In the case of sexual harassment or discriminatory behavior, a supervisor
must report the allegations within two business days to the City Administrator, who
will determine whether an investigation is warranted. A supervisor must act upon
such a report even if requested otherwise by the victim. In situations other than sexual
harassment and discriminatory behavior, supervisors will use the following guidelines
when an allegation is reported:
Step 1. If the nature of the allegations and the wishes of the victim warrant a simple
Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03 & 02-21-12-05
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intervention, the supervisor may choose to handle the matter informally. The
supervisor may conduct a coaching session with the offender, explaining the impact
of his/her actions and requiring that the conduct not reoccur. This approach is
particularly appropriate when there is some ambiguity about whether the conduct was
disrespectful.
Step 2. If a formal investigation is warranted, the individual alleging a violation of
this policy will be interviewed to discuss the nature of the allegations. The person
being interviewed may have someone of his/her own choosing present during the
interview. The investigator will obtain a description of the incident, including date,
time and place; corroborating evidence; a list of witnesses; and identification of the
offender.
Step 3. The supervisor must notify the City Administrator about the allegations.
Step 4. As soon as practical after receiving the written or verbal complaint, the
alleged policy violator will be informed of the allegations. The alleged violator will
have the opportunity to answer questions and respond to the allegations.
Step 5. After adequate investigation and consultation with the appropriate personnel,
a decision will be made regarding whether or not disciplinary action will be taken.
Step 6. The alleged violator and complainant will be advised of the findings and
conclusions as soon as practicable.
6) Special Reporting Requirements.
(a) When the supervisor is perceived to be the cause of a disrespectful workplace
behavior incident, a report will be made to the City Administrator who will
assume the responsibility for investigation and discipline.
(b) If the City Administrator is perceived to be the cause of a disrespectful
workplace behavior incident, a report will be made to the City Attorney who
will confer with the Mayor and City Council regarding appropriate investigation
and action.
(c) If a Council Member is perceived to be the cause of a disrespectful workplace
behavior incident involving City personnel, the report will be made to the City
Administrator and referred to the City Attorney who will undertake the
necessary investigation. The City Attorney will report his/her findings to the
City Council, which will take the action it deems appropriate.
(d) Pending completion of the investigation, the City Administrator may at his/her
discretion take appropriate action to protect the alleged victim, other employees,
or citizens.
7) Confidentiality. A person reporting or witnessing a violation of this policy cannot be
guaranteed anonymity. The person’s name and statements may have to be provided to
the alleged offender. All complaints and investigative materials will be contained in a
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file separate from the involved employees’ personnel files. If disciplinary action does
result from the investigation, the results of the disciplinary action will then become a
part of the employee(s) personnel file(s).
8) Retaliation. Consistent with the terms of applicable statutes and City personnel
policies the City may discipline any individual who retaliates against any person who
reports alleged violations of this policy. The City may also discipline any individual
who retaliates against any participant in an investigation, proceeding or hearing
relating to the report of alleged violations. Retaliation includes, but is not limited to,
any form of intimidation, reprisal, or harassment.
d) Possession and Use of Dangerous Weapons. Possession or use of a dangerous weapon
is prohibited on City property, in City vehicles, or in any personal vehicle, which is being
used for City business. This includes employees with valid permits to carry firearms. The
exceptions to the dangerous weapons prohibition are as follows:
1) Employees legally in possession of a firearm for which the employee holds a valid
permit, if required, and said firearm is secured within an attended personal vehicle or
concealed from view within a locked unattended personal vehicle while that person is
working on City property.
2) A person who is showing or transferring the weapon or firearm to a police officer as
part of an investigation.
3) Employees who are in possession of a weapon or firearm in the scope of their official
duties.
e) Smoking. All City buildings and vehicles, in their entirety, shall be designated as
tobacco free, meaning that no person will smoke tobacco or other substances or use
smokeless tobacco while in a City facility or vehicle. Smoking of any kind, including
pipes, cigars, and cigarettes, and the use of chewing tobacco is prohibited for employees
while on duty. Employees 18 and over are allowed to smoke only during their breaks and
lunch, and only in areas designated for that purpose.
f) Driving This policy applies to all employees who drive a vehicle on city business at least
once per month, whether driving a city-owned vehicle or their own personal vehicle. It
also applies to employees who drive less frequently but whose ability to drive is essential
to their job due to the emergency nature of the job.
1) The City expects all employees who are required to drive as part of their job to drive
safely and legally while on City business and to maintain a good driving record. A
good driving record shall be defined having incidents on record totaling no more than
six (6) points based on the following:
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Incident type: Points:
Minor—any moving traffic violation unless it qualifies as a moderate
or major incident. Does not include cases involving (a) motor vehicle
equipment, load or size requirements; (b)license plate violations; (c)
failure to sign or display registration; (d) failure to have in possession a
driver’s license or insurance information; or (e) seat belt violation.
Within last
three (3)
years
1
Moderate—any accident where the driver is designated as having
caused the accident or negligently contributed to its occurrence.
Within last
three (3)
years
2
Major—any citation that involved (a) driving while intoxicated or
while under the influence of drugs or alcohol or open bottle; (b) failure
to stop and report an accident; (c) homicide, manslaughter, or assault
arising out of the operation of a motor vehicle; (d) driving while
license is suspended or revoked; (e) reckless driving; or (f) speed
contest, drag racing, or attempting to elude an officer of the law.
Within last
three (3)
years
6
Within last
five (5)
years
3
2) Employees who lose their driver’s license or receive restrictions on their license are
required to notify their immediate supervisor on the first work day after any
temporary, pending or permanent action is taken on their license and to keep their
supervisor informed of any changes thereafter. Normally, employees will be
immediately placed on unpaid leave (or paid leave if available to them as provided by
the Personnel Policies) immediately upon losing their licenses if driving is an
essential duty.
3) The City will attempt to reasonably accommodate an employee who has lost their
license or has received restrictions that impact their ability to do their job. The City
will determine appropriate action on a case-by-case basis and will take the following
into consideration: whether other work that needs to be done is readily available; the
length of the driving restrictions if driving is essential; the ability of the employee to
obtain a work permit if driving is essential; whether an accommodation may create a
significant negative impact on the department or other employees; and, the
employee’s performance and discipline record. The employee must be able to
perform the vast majority of their regular job during a period of accommodation. If
on any given day the employee cannot be accommodated due to the type of work
being done, the employee will be sent home.
4) The City will examine driving records once per year for all employees who are
covered by this policy to determine compliance with this policy. Employees are
required to furnish all information needed to obtain these records. An employee may
be disciplined for facility to maintain a safe driving record.
g) Safety. The health and safety of each employee of the City and the prevention of
occupational injuries and illnesses are of primary importance to the City. To the greatest
degree possible, management will maintain an environment free from unnecessary
hazards and will establish safety policies and procedures for each department. Adherence
to these policies is the responsibility of each employee. Overall administration of this
policy is the responsibility of each supervisor.
1) Reporting Accidents and Illnesses. Both Minnesota Worker’s Compensation laws
and the state and federal Occupational Safety and Health Acts require that all on the
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job injuries and illnesses be reported as soon as possible by the employee, or on
behalf of the injured or ill employee, to his/her supervisor. The employee’s immediate
supervisor is required to complete a First Report of Injury and any other forms that
may be necessary related to an injury or illness on the job.
2) Safety Equipment/Gear. Where safety equipment is required by federal, state, or
local rules and regulations, it is a condition of employment that such equipment be
worn by the employee. Public Works employees shall wear safety shoes whenever
performing services for the City.
3) Unsafe Behavior. Supervisors are authorized to send an employee home immediately
when the employee’s behavior violates the City’s personnel policies, department
policies, or creates a potential health or safety issue for the employee or others.
h) Cellular Phone Use.
1) General Policy. Cellular telephones provided by the City are intended for the use of
City employees in the conduct of their work for the City. Supervisors are responsible
for the cellular telephones assigned to their employees and will exercise discretion in
their use. Nothing in this policy will limit supervisor discretion to allow reasonable
and prudent personal use of such telephones or equipment provided that its use in no
way limits the conduct of work of the employee or other employees, no additional
cost is incurred by the city, and that no personal profit is gained or outside
employment is served. Personal calls will be made or received only when absolutely
necessary. Such calls must not interfere with working operations and are to be
completed as quickly as possible.
2) Personal Cell Phones. A supervisor may authorize an employee to use his/her own
personal phone for City business and be reimbursed by the City for those calls, if such
an arrangement would result in a cost savings to the City. An employee will not be
reimbursed for business-related calls without prior authorization from his/her
supervisor. Supervisors may also prohibit employees from carrying their own
personal cell phones during working hours if it interferes with the performance of
their job duties.
i) Outside Employment/ Conflict of Interest.
1) The potential for conflicts of interest is lessened when individuals employed by the
City of Scandia regard the City as their primary employment responsibility. All
outside employment is to be reported to the City Administrator. Any City employee
accepting employment in an outside position that is determined by the City
Administrator to be in conflict with the employee’s City job will be required to resign
from the outside employment or may be subject to discipline up to and including
termination.
2) For the purpose of this policy, outside employment refers to any non-City
employment or consulting work for which an employee receives compensation,
except for compensation received in conjunction with military service or holding a
political office or an appointment to a government board or commission that is
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compatible with City employment. The following is to be considered when
determining if outside employment is acceptable:
(a) Outside employment must not interfere with a full-time employee's availability
during the City’s regular hours of operation or with a part-time employee's
regular work schedule.
(b) Outside employment must not interfere with the employee's ability to fulfill the
essential requirements of his/her position.
(c) The employee must not use City equipment, resources or staff in the course of
the outside employment.
(d) The employee must not violate any City personnel policies as a result of outside
employment.
(e) The employee must not receive compensation from another individual or
employer for services performed during hours for which he/she is also being
compensated by the City. Work performed for others while on approved PTO or
compensatory time is not a violation of policy unless that work creates the
appearance of a conflict of interest.
3) City employees are not permitted to accept outside employment that creates either the
appearance of or the potential for a conflict with the development, administration or
implementation of policies, programs, services or any other operational aspect of the
City.
j) Child Support or Spousal Maintenance and Garnishment. If an employee is required
by court order to pay a portion of his/her wages through garnishment for any reason, the
employee shall fully cooperate by providing information and the appropriate documents
to the City Administrator.
k) Receipt or Solicitation of Gifts. No employee shall receive or solicit any gift from any
person, business or organization having any business, administrative, legislative,
contractual or any other relationship with the city. A gift is any money, tangible or
intangible personal property, food, beverage, loan, promise, service or entertainment,
except as provided in state law.