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9.d) Personnel Policy UpdateI 9 � , � � � � '' � ��� � L, .'�..... . .._,.�. �. SC��a�1vDIA Memo � To: Mayor and Council From: Anne Hurlburt,City Administrator Date: March 15,2010 Re: Revision to Personnel Policy Attached is page 10 of the proposed Personnel Policy,with one change I recommend be made before the policy is adopted. Shortly after the leave and work hours policies were adopted,an amendment was made to clarify that paid holidays are considered hours worked for the purposes of calculating overtime compensation(see page 16, Section 3(a).) Paid holiday time is counted a part of a 40-hour work week for overtime-eligible employees. For example,if an employee worked an 8-hour day on President's Day(Monday)and each of the 4 following days of that week,they would receive 40 hours of straight-time pay(8 hours for the holiday and 32 hours for time worked Monday through Thursday)plus 8 hours at time and one half pay for Friday, since those hours exceeded 40 for the work week. In this example,the employee would receive the equivalent of 52 hours of pay(40+(8 x 1.5)=52.) Language on page 10 currently states that non-exempt employees required to work on a holiday are paid time and one half their regular rate of pay. Employees have questioned whether or not this actually entitles them to receive an additional 8 hours of overtime in the above example, so they would effectively receive 56 hours of pay((8 X 1.5)+32+(8 X 1.5)=56.) This does not appear to be consistent with the intent of the policy,and we have not interpreted it this way. To avoid further confusion,I recommend that the language on page 10 be deleted before the Personnel Policy is adopted. 1 Attachment to Resolution 03-16-10-06 / ` �/ City of Scandia Personnel Policy (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. (� Any employee on a leave of absence without pay from the City is not eligible for holiday pay. o �,,,i�+�,o:,.,. „i.,..,..,.o „�,..�., (h) 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 Ci`�'emplo��,�s�or to part time employees scheduled to work 30 hours `'�'�, re.�er wee'�;��'� be eligible for funeral leave an employee must furn�,, adeqUtate proof tha���eath has occurred with the employee's immediate f � : (b) The term "immediate family" sh �� �� de spo�,��� ,parents, step�p���nts, child, step-child, grandchild, step-grandchil' i � ��step-siblings��of the employee, or grandparents of the emplo - spouse, mother-in-law or father- in-law. Relatives of the employee other th �se above listed shall not be considered members of the immediate family e purposes of this policy. (c) Paid funeral leave may be granted fc�ar,one, two o work days where the supervisor concludes such leave is � d pro� ed that no more than three days (24 hours) of paid fune�le����pe� �, �;�i-�year shall be allowed. ,, a� �i` �' 6) Jury Duty �� ��� � �.�; � �3 (a) Re�gula�' ��� ���time� � art-time err�`��iyees will be granted paid leaves of absence fo ��� ,,��������h employees will be required to turn over =�,����pens � �they rece����'or jury duty, minus mileage reimbursement, to � s;;.� ;,,. � £ ' the �i��in order� ceive their regular wages for the period. Time spent on 4 ��-. jury duty will not b ' ; ����ed as time worked in computing overtime. ' °° b Em lo ees excused �'released from u dut durin their re ular workin �' � ) P Y �- J rY Y g g g � � hours will r�port to their regular work duties as soon as reasonably possible or � �����i�v�ill take acc�ed vacation or compensatory time to make up the difference. (c)�Employees�►'e required to notify their supervisor as soon as possible after receiv���otice to report for jury duty. The employee will be responsible for ensurin�'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. 10 Meeting Date: 3/16/2010 Agenda Item: �� ���_ City Council Agenda Report City of Scandia 14727 209�h St. North Scandia, MN 55073 (651)433-2274 Action Requested: Approve the updated Personnel Policy. Deadline/ Timeline: N/A Background: • Staff has been working with the Human Resources Committee and the Committee to Review Fire Department Governance Documents to develop a comprehensive personnel policy for the city. Both Committees have reviewed the attached policy and recommended approval. The draft has also been reviewed with all regular city employees. • The policy incorporates the previously adopted policies on health insurance benefits and on employee leave, work hours and overtime, with no substantive changes (Sections 4 and 5.) It will replace those policies and all of the remaining Township personnel polices still in effect. • The draft does not include drug and alcohol policies. Those will be in a stand-alone document still under revision. We are also working on a computer use policy, which will be brought forward at a future date. � Recommendation: I recommend that the Council approve the Personnel Policy. Attachments/ . Draft Resolution 03-16-10-06 Materials provided: • Draft Personnel Policy dated March, 2010 for Council Approval Contact(s): Prepared by: Anne Hurlburt, Administrator (Personnel Policy) Page 1 of 1 03/12/10 CITY OF SCANDIA RESOLUTION NO. 03-16-10-06 RESOLUTION ADOPTING PERSONNEL POLICY FOR THE CITY OF SCANDIA WHEREAS, the City Council has adopted Resolution 03-06-07-02 establishing policy for employee health insurance benefits; and WHEREAS, the City Council has adopted Resolution 02-06-08-02 establishing employee leave, work hours and overtime policies; and WHEREAS, a comprehensive Personnel Policy has been developed, which incorporates these policies and will replace those Resolutions and all remaining New Scandia Township personnel policies that remain in effect; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does adopt the attached "Personnel Policy," said policy taking precedence over any other policy that may have been established in the past which may be in conflict. Adopted by the Scandia City Council this 16`" day of March, 2010. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator C, , �°' � �/ �-� ��_�� � K �j�'� � , �., � .�"�: � �-1 SC��NDIA . � � .�� Personnel Policy � � Draft for City Council Approval March 2010 p 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 City of Scandia Personnel Policy L 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) 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 Employrnent/ 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 forcer effect'and will confinue to govern the actions of all covered � �,�., employees.Nothing in tfiese 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 the immediate supervisor. c) Data Practices. Employee records are maintained in a location designated by the City Administrator. Personnel data is kept in personnel files, finance files, and benefidmedical 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. 2 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy d) 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. ",�� � , �, � ��x �'av: ' �r' �a ;� `�.. �' \ .. is ��m ?� �� ��� �K i ��>'.��N�(� ,.'d �:,� �q,.a�, d U¢� \� � � �. �' ��'� �� }' } a+ l X �O � ..< ��ffi�:_ \\. �r, �. \ � 4 n �':yYs� � :��'. "'°��S ..'t.� � .a���,. �"� � 3 Attachment to Resolution 03-16-10-06 City of Scandia Personnei Policy 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 applicatiori 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. 4 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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. � 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 5 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 liire. Paid on call firefighters shall have a two- year training period. � :���,�.." �� u.a. ..�.. ��� �.� � - r ��.-. ��4 y -&`��p �'�':p�� �F � 4-�+zy.F� �Rr �'� xhL' �� � . ��. � � ��,,� r�i .�" .�� ks�` ��.-`'.,��`fi �� �.. ��V�.. ,a�`"; � ��......._=.k'.,.. 6 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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. �,.� �" ������ � ;... .�� � ��°� a s�,; �;� �.,' ��a �k � _� � r �'�,i :, � ��,� ��� �... �� �� �������.. ����G:< � � �. � � ���� T �x, � �� ����� �; ���\ �; � Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 em lo ees: PTO Hours Completed Years of Accrued per Pay PTO Hours PTO Days(8 hr.) Em lo ent Period Accrued er Year Accrued er 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 systein. (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 PT0 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. (� 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 8 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 • Chrishnas 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 einployees 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 sclieduled day immediately after the holiday. 9 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy (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. (fl Any employee on a leave of absence without pay from the City is not eligible for holiday pay. (g) Non-exempt employees required to work on a holiday shall be paid time and one-half their regular rate of pay. (h) 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. 10 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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. 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. Elnployees 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. 11 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy (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 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 tiine; 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. 12 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy (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. (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�aid 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 authonzes 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 13 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy contributed and the type of coverage will be determined annually by the City Council. d) Retirement. The City participates in the Public Employees Retirement Fund (PERA) to provide pension benefits for its eligible employees. The Cit�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. ���� ��� ��� ���,���. ���� �� ��. ' " a� ; ���. .�� ���.>,, �;;_;:� ,y. ��� .;�, �. �>�� ��,�� � .� ��a�� ���,: \ �R,' � ��R�����i� Y\ �. 'G� � ��� \�C � 3 � . ?a� �a,�i` 3�� r� �' � � g �� � �� V\ �s�_ r ��:y �" a �, � �. �� �° �� �� ��� ���� � � .� � ;e�� r�=, � g �� ��� ��� '�'> � �z�''s ������ ����� � . ���`� � ����� � ; �" ���*�`r ��� x�,�s \ , ��\`� ,�� �� ��� �� a � � � ���� � �ti�a� �� Y �;� ���� �� � �`���a�y� ���\ �� ��, n��� `��'r� � •, � �� � : � ���\� \� �` ,�. � ��� ��:: ���� ��� �� i��� � 14 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 Deparhnent 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.) Kx� , b) Meal Breaks and Rest Periods ��� 1) A paid fifteen (15) minute paid break is allowed within each four (4) consecutive hours of work. Ari unpaid thirty(30) ininute 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 Cify 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 ineal 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 einployee who is called in to work after hours will be paid for a minimum of two hours. 15 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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. �_��n 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 offin one workweek, shall count toward "hours worked" for the purpose of calculating overtime compensation. (b) The workweek begins at inidnight 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 supeivisor 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. �, a„ (� The maximum coriipensatory 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 16 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 inember 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. ����;�l r' �p �, ���. � �� � � �` � ��� �A.�. ���� '��`= ��;: ���s x... �'' . :� �� �� ��� ...:� �.,v� � � � ; �:,, . �;_ �: �,�. �,,:. �:� : � : " , . , � � ������';�� �<. � �.� ��� �� �� � � ��� �K ��� �a:� �� �� � � �� � `�Gw`� ��� "���\ A bYa���. `,�����»1.. :• 17 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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, eta 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 sheeti may be cause for immediate termination. d) Clothing and Footwear. Each full-time Public Works Department employee 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 subinitted to the City by July 1 of each year to be eligible for reimbursement. :;� �`w 18 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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. �', � � �.. ��. .,��: ,�� � ��� �. � �����r, \ ��^�� ,� �����. � �� � �; � . �� 19 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 andlor 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 poT'icy is not��o�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 discipllne with any�employee. Disciplinary � action may include action up to and�,including�termination,based upon the nature and severity of the infraction and the coniiitions surrounding the incident. There may be circumstan�es that warrant deviation from the suggested order or where progressive �'�� discipline�s uot appropriate. Nothing in these personnel policies implies that any City employee has a`property right to the job he%she performs. 2) Documentation�bf�`disciplinary'actior�taken will be placed in the employee's personnel,file with a copy provided Yo the employee. 3)����The following�are descriptions of the types of disciplinary actions: • Oral Reprimand--This riieasure 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) 20 Attachxnent to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 pvvill be placed in the employee's personnel file. An employee may be susperii�ed or placed on involuntary leave of absence pending an investigation of ari 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 wil?�be removed from the employee's personnel file and the employee wi11 r�ceive 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�ity Administrator determines ��; a demotion or transfer to be the�bes�solution to th�e groblem. The employee must be qualified for the position to vi�hich they are�being demoted or transferred. The City CounciT must approve t��°'action. • Salary--Ari employee's salary iricrease 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. 4j� 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. ;��� �,,; �' �� ;; 21 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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, ,I the provision or provisions of the Personnel Policies allegedly violated, and the � remedy requested, by the employee to tlie City Council within seven (7) days after the Human Resources Com�nittee's response is due. The City Council or its designee will respond�to the employee in writirig�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. 22 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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. (fl 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 unexpectedgabsence, 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 23 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 empioyment, abide by,t�e terms of this policy and must report any conviction under:a cnminal clrug statute`'for violations occurring on #-. or off work premises while conducting Gity busiiiess: A report of the conviction must be made within five(5) days after tlie"conviction as required by the Drug-Free Workplace Act of 1988:�� :.; ,,, 5) The City will esfabhsh and maintain polxcres on controlled substance and alcohol ��>� ,, testing for all erii�loyees, ancl for employees who are drivers of commercial motar vehicles, consistenf�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 abou�the conduct tha�is and is not appropriate in the workplace. The City acknowledges that this policy cannoti 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 24 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 25 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 Deparhnent. Any employee who observes sexual harass�nent 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 discriininatory 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 26 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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..�v � � � 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 27 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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�ehicle. Smoking of any kind, including pipes, cigars, and cigarettes, and the use of chewing tobacco is prohibited for employees while on duty. Einployees 18 and over are allowed to smoke only during their breaks and lunch, and only in areas designated for that purpose. fl 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: 28 Attaclmlent ro Resolution 03-16-10-06 City of Scandia Personnel Policy Incident t e: Points: Minor—any moving traffic violation unless it qualifies as a moderate Within last 1 or major incident. Does not include cases involving (a)motor vehicle three(3) equipment,load or size requirements;(b)license plate violations;(c) years failure to sign or display registration; (d)failure to have in possession a driver's license or insurance information;or(e)seat belt violation. Moderate—any accident where the driver is designated as having Within last 2 caused the accident or negligently contributed to its occurrence. three(3) ears Major—any citation that involved(a)driving while intoxicated or Within last 6 while under the influence of drugs or alcohol or open bottle;(b)failure three(3) to stop and report an accident; (c)homicide,manslaughter,or assault ears arising out of the operation of a motor vehicle;(d)driving while Within last 3 license is suspended or revoked;(e)reckless driving;or(fl speed five(5) contest,drag racing,or attempting to elude an officer of the law. years 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 deternline 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 =h; length of the driving restrictions if drivirig 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 performarice and discipline record. The employee must be able to perform the vasf 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. 29 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 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 liinit 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 Employmend 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 employtnent is to be reported to the City Administrator. Any City employee accepting einployment 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, 30 Attachment to Resolution 03-16-10-06 City of Scandia Personnel Policy 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 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 ozder 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. 31