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10. Staff Report - Juneteenth Holiday Staff Report Date of Meeting: June 7, 2023 For: Honorable Mayor and Council From: Kyle Morell, City Administrator Subject: Juneteenth Holiday Background: Al bill to establish Juneteenth as a state-recognized holiday was passed by the House and Senate in January and February of 2023 and was signed into law by Governor Walz. The new law was set to go into effect on August 1, 2023. However, a provision in th e state and local government omnibus bill (HF1830) changes the effective date to make the new holiday effective before June 19 of this year, requiring that day to be observed. The House and Senate approved HF1830, and Governor Walz will sign it. The City’s Personnel Policy currently observes twelve holidays, which are listed below: • New Year's Day (January 1) • Martin Luther King, Jr. Day (Third Monday in January) • President’s Day (Third Monday in February) • Memorial Day (Last Monday in May) • Independence Day (July 4) • Labor Day (First Monday in September) • Columbus Day (Second Monday in October) • Veteran’s Day (November 11) • Thanksgiving Day (Fourth Thursday in November) • Friday after Thanksgiving Day • Christmas Eve (December 24) • Christmas Day (December 25) Adding Juneteenth would increase the number of observed holidays to 13. If the Council wishes to keep the number of Holidays offered at 12. In that case, it can look to State Statute 645.44, Subd 5 Holidays, which states, “branches of state government and political subdivisions shall have the option of determining whether Christopher Columbus Day or the Friday after Thanksgiving shall be holidays. Where it is determined that Columbus Day or the Friday after Thanksgiving is not a holiday, public business may be conducted thereon.” The City’s contract with Local 49 also observes the same 12 holidays. I have been contacted by the union representative about adding Juneteenth. Any attempt to add Juneteenth but remove another holiday must be negotiated. Issue: The Council must determine the number of holidays it will offer its employees. Options: 1) Approve Resolution 06-07-23-02 Amending Personnel Policy Section 4, adding Juneteenth as an official City Holiday. 2) If Council wishes to keep the number of holidays offered to its employees at 12, it should initiate negotiations with the union to discuss the removal of one holiday. Recommendation: Option 1 and option 2 if so desired. CITY OF SCANDIA RESOLUTION NO. 06-07-23-02 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, Resolution 08-19-14-04, and Resolution 06-07-18-01; 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 4 as noted in the attached section of the Personnel Policy”. Adopted by the Scandia City Council this 7th day of June 2023. ________________________________ Christine Maefsky, Mayor ATTEST: ___________________________________ Kyle Morell, City Administrator Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05, 08-19-14-04, and on 11-17-15 (without a resolution), Resolution No. 06-19-18-01, and on 07-20-2021(without a resolution) City of Scandia Personnel Policy 8 4. BENEFITS a) Employee Leave 1) Paid Time Off (PTO) (a) Paid Time Off shall accrue according to the following schedule for regular full- time employees: Completed Years of Employment PTO hours accrued per year PTO days (8 hr.) accrued per year 0 – 1 132 16.5 2 – 4 168 21 5 – 9 192 24 10 – 14 216 27 15+ 240 30 (b) The City Council may establish higher levels of annual leave accrual for an employee at the time of hiring if such authorization serves a public purpose. Such accruals shall never exceed the maximum allowed. (c) Regular part-time employees shall accrued PTO on a pro-rata basis if they are scheduled to work 30 or more hours per week. 2) Administration of Paid Time Off (PTO) (a) An employee shall not have more than 480 hours of PTO accrued at any time unless a written request has been submitted to and approved by the City Administrator and the City Council. (b) Employees may not use PTO until it has been credited to the employee’s bank in the payroll system. (c) Probationary employees will accrue PTO and may use PTO as provided by this policy, but shall not receive payment for unused PTO if the employee is terminated during the probationary period. (d) Accumulated PTO cannot be transferred from one employee to another. (e) PTO shall not be earned by an employee during leaves of absence without pay when such leaves are in excess of ten (10) consecutive working days. An employee receiving either short term or long term disability insurance is considered to be on leave without pay for the purposes of this section. (f) PTO will take two forms:  planned time off which will be scheduled in advance with the supervisor's approval;  unplanned time off which will require notification of the supervisor within 30 minutes of the employee's scheduled work day if the employee is not at work, or notification of the supervisor before leaving work. (g) PTO may be used in increments of one hour or more. (h) If unplanned time off shows a pattern suggesting abuse, the City Administrator shall notify the employee of his/her concern. If such abuse continues, the Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05, 08-19-14-04, and on 11-17-15 (without a resolution), Resolution No. 06-19-18-01, and on 07-20-2021(without a resolution) City of Scandia Personnel Policy 9 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)  Juneteenth (June 19)  Independence Day (July 4)  Labor Day (First Monday in September)  Columbus Day (Second Monday in October)  Veteran’s Day (November 11)  Thanksgiving Day (Fourth Thursday in November)  Friday after Thanksgiving Day  Christmas Eve (December 24)  Christmas Day (December 25) (b) Official holidays commence at the beginning of the first shift of the day on which the holiday is observed and continue for twenty-four (24) hours thereafter. (c) When a holiday falls on a Sunday, the following Monday will be the “observed” holiday and when a holiday falls on a Saturday, the preceding Friday will be the “observed” holiday for City operations/facilities that are closed on holidays. (d) Full-time employees will receive pay for official holidays at their normal straight time rates, provided they are on paid status on the last scheduled day prior to the holiday and first scheduled day immediately after the holiday. Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05, 08-19-14-04, and on 11-17-15 (without a resolution), Resolution No. 06-19-18-01, and on 07-20-2021(without a resolution) City of Scandia Personnel Policy 10 (e) Part-time employees will not receive holiday pay, unless they are normally scheduled to work at least 30 hours per week. Eligible part-time employees will receive pro-rated holiday pay based on the number of hours normally scheduled. (f) Any employee on a leave of absence without pay from the City is not eligible for holiday pay. (g) Employees wanting to observe holidays other than those officially observed by the City may request either PTO or unpaid leave for such time off. Bereavement/ Funeral Leave Funeral leave shall be granted to full-time Employees as follows: (a) Four (4) days in each case of the death of:  Employee’s parents or stepparents;  Employee’s spouse, or person regarded as such;  Employee’s children, stepchildren or foster children; (b) Two (2) day in each case of the death of:  Employee’s siblings or stepsiblings;  Employee’s grandparents or step-grandparents;  Employee’s grandchildren or step-grandchildren;  Parents or stepparents of the Employee’s spouse or person regarded as such;  Siblings or stepsiblings of the Employee’s spouse or person regarded as such; (c) One (1) day in each case of the death of:  Employee’s aunt, uncle, niece, or nephew, including step relations;  Grandparents or step-grandparents of the Employee’s spouse or person regarded as such;  Grandchildren or step-grandchildren of the Employee’s spouse or person regarded as such. (d) Funeral Leave will be at the Employee’s regular rate of pay and shall not be counted against the Employee’s PTO. Upon approval of the supervisor, the Employee may choose to use PTO to extend the funeral leave. The City Administrator may determine the length of leave for any case not meeting the above guidelines. 5) 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. Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05, 08-19-14-04, and on 11-17-15 (without a resolution), Resolution No. 06-19-18-01, and on 07-20-2021(without a resolution) City of Scandia Personnel Policy 11 (c) Employees are required to notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of time spent on jury duty and pay form is completed by the Clerk of Court so the City will be able to determine the amount of compensation due for the period involved. (d) Temporary and seasonal employees are generally not eligible for compensation for absences due to jury duty, but can take a leave without pay subject to city administrator approval. However, if a temporary or seasonal employee is classified as exempt, he/she will receive compensation for the jury duty time. 7) Court Appearances. Employees will be paid their regular wage to testify in court for City-related business. Any compensation received for court appearances (e.g. 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. Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05, 08-19-14-04, and on 11-17-15 (without a resolution), Resolution No. 06-19-18-01, and on 07-20-2021(without a resolution) City of Scandia Personnel Policy 12 (b) Requests for leave of absence without pay in excess of ten (10) days in a calendar year must be submitted to and approved in advance by the City Council. Employees shall request such leaves of absence without pay in writing in advance of the date so desired indicating the reason(s) for absence, the specific absence period and anticipated date of return to work. (c) Leaves of absence will not be given for the purpose of enabling any employee to work for another employer or to engage in any form of self-employment. Any employee who obtains a leave of absence by misrepresenting its purpose shall be discharged. (d) While on approved leave of absence without pay exceeding ten consecutive working days, an employee will not receive city contributions to city sponsored insurance(s) in which he/she is a member or be eligible to accrue PTO or holiday pay. Nor will the time on leave of absence without pay be considered for purposes of calculating time in active service where the period exceeds ten consecutive working days. 10) Parenting Leave (a) Employees who work twenty (20) hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed six weeks, and must begin within six (6) weeks after the birth or adoption of the child. (b) Employees are not required to use accumulated PTO during Parenting Leave but may do so at their option. (c) The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Any group insurance coverage in which the employee participates will remain in effect during the six (6) week Parenting Leave. 11) Special Statutory Leaves (a) Any employee who works an average of 20 hours per week or more may be granted unpaid leave not to exceed 16 hours per 12 month period to attend school conferences or school related activities related to the employee’s child. This leave shall be granted only if: a) such activities cannot be scheduled for non-work time; b) the activities are scheduled to minimize work disruption; and c) the supervisor is apprised of the request in advance (preferably one week or more). (b) Any employee who works an average of 20 or more hours per week may be granted a leave of absence to undergo a medical procedure to donate bone marrow in accordance with applicable state law. (c) The policies in this section are general statements of federal and state statutes and regulations. They are for information purposes only and are not meant to increase or decrease the benefits actually available by statute. Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05, 08-19-14-04, and on 11-17-15 (without a resolution), Resolution No. 06-19-18-01, and on 07-20-2021(without a resolution) City of Scandia Personnel Policy 13 (d) The Employee must comply with all requirements for furnishing information as outlined in the statutes. b) Health Insurance 1) Eligibility. (a) Employees eligible for the City’s health insurance plan are only those hired for regular full time positions scheduled to work 40 hours or more per week, or regular part-time positions scheduled to work at least 30 but less than 40 hours per week. (b) An employee newly hired in a position eligible for the health insurance plan may participate in the plan beginning on the 15th 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 paid time off time on the books sufficient to carry them forward into at least the first working day of the next month following his/her resignation, and (c) the employee authorizes in writing the deduction of his/her share of health insurance premiums from his/her last check, and (d) the employee authorizes in writing the deduction of the balance of any contribution to a health savings account or flexible benefit amounts from his/her Attachment to Resolution 03-16-10-06/ as Amended Resolutions 10-19-01-03, 02-21-12-05, 08-19-14-04, and on 11-17-15 (without a resolution), Resolution No. 06-19-18-01, and on 07-20-2021(without a resolution) City of Scandia Personnel Policy 14 last check. 6) City Discretion. Health insurance benefits are offered at the City's discretion to certain classes of employees. The City reserves the right to unilaterally change, delete, modify or otherwise revise employment benefits, eligibility requirements and administrative procedures at its sole discretion. c) Life Insurance and Disability Insurance. The City may contribute a monthly amount toward group, dental, life insurance, short-term disability, and/or long-term disability benefits for each eligible employee and his/her dependents. The amount to be contributed and the type of coverage will be determined annually by the City Council. d) Retirement. The City participates in the Public Employees Retirement Fund (PERA) to provide pension benefits for its eligible employees. The City and the employee contribute to PERA each pay period as determined by state law. Employees are also required to contribute a portion of each pay check for Social Security and Medicare (the City matches the employee’s social security and Medicare withholding). For information about PERA eligibility and contribution requirements contact the City Administrator. The City may offer other retirement programs (i.e. 457 Deferred Compensation Plans) to eligible employees. Paid-on-call firefighters are members of the Scandia Fire Relief Association.