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5.g Resolution 06-19-18-01 Approving a change to the Personnel Policy Staff Report Date of Meeting: June 19, 2018 To: City Council From: Neil Soltis, Administrator Re: Personnel Policy update for Statute changes Background: The League of Minnesota Cities recently sent out a note regarding a change that was made to their model Personnel Policy has been updated to include whistleblower protection language. Lida Bannink of Ekberg Lammers reviewed our policy and suggested the addition of such language along with updating it to include the Minnesota Wage Disclosure Protection Law which was enacted in 2014 which mandates inclusion in a personnel policy. Following this cover memo are the 2 sections of the Personnel Policy that would change. The changes are in bold and underlined. The potential changes were discussed at the June work session and no comments or modifications were suggested. Issue: Should the Resolution 06-19-18-01 amending the Personnel Policy for compliance with State Statutes be approved Proposal Details: Copies of the two policy section that would be amended showing the new language follow this cover report. Fiscal Impact: None Options: 1. Approve the Resolution 06-19-18-01 2. Modify the Resolution 3. Take no action Recommendation: Option 1 CITY OF SCANDIA RESOLUTION NO. 06-19-18-01 RESOLUTION AMENDING THE PERSONNEL POLICY OF THE CITY OF SCANDIA WHEREAS, the City Council has adopted Resolution 03-16-10-10 establishing a personnel policy for the City of Scandia; and WHEREAS, the personnel policy was amended by Resolution 10-19-10-03, Resolution 2- 21-12-05, and Resolution 08-19-14-04; WHEREAS, amendments to the policy have been recommended; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does make the amendments to Sections 6 and 9 as noted in the attached section of the Personnel Policy”. Adopted by the Scandia City Council this 19th day of June, 2018. ________________________________ Christine Maefsky, Mayor ATTEST: ___________________________________ Neil Soltis, City Clerk/ Administrator Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05 & 08-19-14-04, and 11-17-15 City of Scandia Personnel Policy 18 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. e) Minnesota Wage Disclosure Protection Law. Protection Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person the amount of their own wages. While the Minnesota Government Data Practices Act (Minn. Stat. §13.43), specifically lists an employee’s actual gross salary and salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end, and in accordance with Minn. Stat. §181.172, employers may not: Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05 & 08-19-14-04, and 11-17-15 City of Scandia Personnel Policy 19 f) • Require nondisclosure by an employee of his or her wages as a condition of employment. g) • Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee’s wages. h) • Take any adverse employment action against an employee for disclosing the employee’s own wages or discussing another employee’s wages which have been disclosed voluntarily. i) • Retaliate against an employee for asserting rights or remedies under Minn. Stat. §181.172, subd. 3. The city cannot retaliate against an employee for disclosing his/her own wages. An employee’s remedies under the Wage Disclosure Protection Law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at (651) 284-5070 or (800) 342-5354. Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05 & 08-19-14-04, and 11-17-15 City of Scandia Personnel Policy 24 The complaint should indicate, in writing or by email: (i) Employee’s name, position or department, and schedule. (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. 3. Reporting Illegal or Dishonest conduct a. An employee of the City who, in good faith, reports an activity that he/she considers to be illegal or dishonest to one or more of the parties may have whistleblower protections. Examples of illegal or dishonest activities include violations of federal, state or local laws; billing for services not performed or for goods not delivered; and other fraudulent financial reporting. If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the employee is to contact his/her immediate supervisor or the City Administrator. The employee Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05 & 08-19-14-04, and 11-17-15 City of Scandia Personnel Policy 25 must exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing may be subject to discipline up to and including termination. 4. Confidentiality and anti-retaliation policy With regards to any complaint to the City, employees should keep the following 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.