Effective: January 1, 2010

 

City of Walnut Grove

HUMAN RESOURCES & BENEFITS INFORMATION

PERSONNEL POLICY

                                                             

 

INTRODUCTION

 

Purpose

The purpose of these policies is to establish a uniform and equitable system of personnel administration for employees of the City of Walnut Grove.  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 Walnut Grove 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.  

 

Scope

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, except as specifically noted for paid per-call-firefighters and Ambulance

            Members.

 

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, that does not conflict with a labor agreement, will remain in full force and effect and will continue to govern the actions of all covered employees.  Nothing in these policies is intended to modify or supersede any applicable provision of state or federal law.

 

Departments may have special work rules deemed necessary by the supervisor and approved by the City Council 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.

 

EEO Policy Statement

The City of Walnut Grove is committed to providing equal opportunity in all areas of employment, including but not limited to hiring, demotion, transfer, recruitment, selection, lay-off, disciplinary action, termination, compensation and selection for training.  The City of Walnut Grove 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.

 

 

Data Practices Advisory

Employee records are maintained in a location designated by the City Clerk.  Personnel data is kept in personnel files, finance files, and benefit/medical files.  Information is used to administer employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc.

 

Employees have the right to know what data is retained, where it is kept, and how it is used.  All employee data will be received, retained, and disseminated according to the Minnesota Government Data Practices Act.

 

News Releases

All contacts with the media should be reported to the City Council as soon as practicable.  

 

CITYWIDE WORK RULES & CODE OF CONDUCT

 

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 Walnut Grove.  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 Walnut Grove.  All employees are expected to:

• Perform assigned duties to the best of their ability at all times.

• Render prompt and courteous service to the public at all times.

• Read, understand and comply with the rules and regulations as set forth in these Personnel Policies as well as those of their departments.

• Conduct themselves with decorum toward both residents and staff and respond to inquiries and information requests with patience and every possible courtesy.

• Report any and all unsafe conditions to the immediate supervisor.

• Maintain good attendance.

 

Attendance & Absence

The operations and standards of service in the City of Walnut Grove 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.

 

Employees who are going to be absent from work are required to notify their supervisor as soon as possible in advance of the absence.  In case of unexpected absence, employees should call their supervisor before the scheduled starting time.  If the supervisor is not available at the time, the employee should leave a message that includes a telephone number where he/she can be reached and/or contact any other individual who was designated by the supervisor.  Failure to use established reporting process will be grounds for disciplinary action.  Departments may establish more specific reporting procedures.

 

The employee must call the supervisor on each day of an absence extending beyond one (1) day unless arrangements otherwise have been made with the supervisor.  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. 

 

 

Access to and Use of City Property

Any employee who has authorized possession of keys, tools, cell phones, pagers, or other City-owned equipment must register his/her name and the serial number (if applicable) or identifying information about the equipment with his/her supervisor.  All such equipment must be turned in and accounted for by any employee leaving employment with the City in order to resign in good standing.

 

Employees are responsible for the safekeeping and care of all such equipment.  The duplication of keys owned by the City is prohibited unless authorized by the City Council.  Any employee found having an unauthorized duplicate key will be subject to disciplinary action.

 

Appearance

Departments may establish dress codes for employees as part of departmental rules.  Personal appearance should be appropriate to the nature of the work and contacts with other people and should present a positive image to the public.  Clothing, jewelry or other items that could present a safety hazard are not acceptable in the workplace.

 

Conflict of Interest

City employees are to remove themselves from situations in which they would have to take action or make a decision where that action or decision could be a perceived or actual conflict of interest.  If an employee has any question about whether such a conflict exists he/she should consult with the City Council.

 

Falsification of Records

Any employee who makes false statements or commits, or attempts to commit, fraud in an effort to prevent the impartial application of these policies will be subject to immediate disciplinary action up to and including termination and potential criminal prosecution.

 

Personal Telephone Calls

Personal telephone calls are to be made or received only when truly necessary.  They are not to interfere with City work and are to be completed as quickly as possible.  Any personal long distance call costs will be paid for by the employee.  Please refer to the Cell Phone policy for information on use of cellular phones.

 

Political Activity

City employees have the right to express their views and to pursue legitimate involvement in the political system.  However, no City employee will directly or indirectly, during hours of employment, solicit or receive funds for political purposes.  Further, any political activity in the workplace must be pre-approved by the City to avoid any conflict of interest or perception of bias such as using authority or political influence to compel another employee to apply for or become a member in a political organization.

 

Smoking

All City buildings and vehicles, in their entirety, shall be designated as tobacco free, meaning that no person will smoke tobacco or other substances or use smokeless tobacco while in a City facility or vehicle.  

 

 

DEFINITIONS

For purposes of these policies, the following definitions will apply:

 

Authorized Hours:

The number of hours an employee was hired to work.  Actual hours worked during any given pay period may be different than authorized hours, depending on workload demands or other factors, and upon approval of the employee’s supervisor.

 

Benefits

Privileges granted to qualified employees in the form of paid leave and/or medical reimbursements.

 

Benefit Earning Employees

Employees who are eligible must be year-round employees who work at least 36 hours per week on a regular basis.

 

Demotion

The movement of an employee from one job class to another within the City, where the maximum salary for the new position is lower than that of the employee’s former position.

 

Employee

An individual who has successfully completed all stages of the selection process including the training period

 

FICA (Federal Insurance Contributions Act)

FICA is the federal requirement that a certain amount be automatically withheld from employees’ earnings.  Certain employees are exempt or partially exempt from these withholdings (e.g., police officers).

 

Fiscal Year

The period from January 1 to December 31

 

Full-time Employee

Employees who are required to work 36 or more hours per week year-round in an ongoing position

 

Hours of Operation

The City’s hours of operation will be posted at the City Office.

 

Management Employee

An employee who is responsible for managing a department or division of the City

 

Non-exempt Employee

Employees who are covered by the federal or state Fair Labor Standards Act.  Such employees are normally eligible for overtime at 1.5 times their regular hourly wage for all hours worked over forty (40) in any given workweek.

 

Part-time Employee

Employees who are required to work less than thirty-six (36) hours per week year-round in an ongoing position 

 

 

Pay Period 

For Full Time Employees:  A fourteen (14) day period beginning at 12:00 a.m. (midnight) on Friday through 11:59 p.m. on Thursday, fourteen (14) days later

For Part Time Employees:  A one month period beginning at 12:00 a.m. on the First of the Month and ending at 11:59 p.m. on the last day of the month.

 

PERA (Public Employees Retirement Association)

Statewide pension program in which all City employees meeting program requirements must participate in accordance with Minnesota law.  The City and the employee each contribute to the employee’s retirement account.

 

Seasonal Employee

Employees who work only part of the year (100 days or less) to conduct seasonal work.  Seasonal employees may be assigned to work a full-time or part-time schedule.  Seasonal employees do not earn benefits or credit for seniority.

 

Service Credit

Time worked for the City.  An employee begins earning service credit on the first day worked for the City.  Some forms of leave will create a break in service.

 

Temporary Employee

Employees who work in temporary positions.  Temporary jobs might have a defined start and end date or may be for the duration of a specific project. Temporary employees may be assigned to work a full-time or part-time schedule.  Temporary employees do not earn benefits or credit for seniority. 

 

Training Period

A twelve month period at the start of employment with the City (or at the beginning of a promotion, reassignment or transfer) that is designated as a period within which to learn the job.  The training period is the last part of the selection process.

 

Workweek

A workweek is seven consecutive 24-hour periods.  For most employees the workweek will run from Friday through the following Thursday.

 

 

EMPLOYEE RECRUITMENT & SELECTION

 

Scope

The City Council 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 merit and fitness related to the position being filled.  

 

Features of the Recruitment System

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. 

 

Application for employment will generally be made on application forms provided by the City.  Other materials in lieu of a formal application may be accepted in certain recruitment situations as determined by the City Council or designee.  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 Council.

 

Position vacancies may be filled on an “acting” basis as needed.  The City Council Department committee will approve all acting appointments.  Pay rate adjustments, if any, will be determined by the City Council.

 

Testing and Examinations

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.  

 

Internal recruitments will be open to any City employee who:  (1) has successfully completed the initial training period; (2) meets the minimum qualifications for the vacant position; and (3) currently is and for the past year has been in good standing with the City.

 

The City Council or designee 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. 

 

Pre-Employment Medical Exams

The City Council 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.  

 

When a pre-employment medical exam 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.

 

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 Clerk 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 Clerk will confer with the physician and candidate regarding reasonable and acceptable accommodations. 

 

If a candidate is rejected for employment based on the results of the medical exam, he/she will be notified of this determination.

 

Selection Process

The selection process will be a cooperative effort between the City Council and the Department supervisor, subject to final hiring approval of the City Council.  Any, all or none of the candidates may be interviewed.

 

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.

 

AFFIRMATIVE ACTION/EEO POLICY STATEMENT

There shall be no discrimination of employees or applicants for employment based on race, color, creed, religion, ancestry, national origin, sexual orientation, disability, marital status, status with regard to public assistance, political affiliation, sex or age (except where sex or age is a bona fide occupational qualification).  The City of Walnut Grove will take Affirmative Action to ensure that all employment practices are free of such discrimination.  

 

Such employment practices include, but are not limited to, the following: hiring, reclassification, demotion, transfer, recruitment, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training.

 

The City of Walnut Grove will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action.  The City of Walnut Grove will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these goals as well as other established criteria.  Any employee of the City who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. 

 

The City of Walnut Grove has designated the City Clerk to manage the Equal Employment Opportunity Program.  The Clerk’s responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program, as required by Federal, State and Local agencies.  If any employee or applicant for employment believes he/she has been discriminated against, please contact the City Clerk of the City of Walnut Grove.

Background Checks

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 by state law, the City Council will determine the level of background check to be conducted based on the position being filled.

 

Training Period (Probation Period)

The training or probation 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 twelve months in duration.

 

Any employee not meeting performance standards may be terminated at any time during the probationary period.  Written notice of the reasons for termination will be given. 

 

Except as otherwise prohibited by law, the City of Walnut Grove 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.  

 

 

ORGANIZATION

 

Job Descriptions

The City will maintain job descriptions for each regular position.  New positions will be developed as needed but must be approved by the City Council prior to the position being filled.

 

A job description is prepared for each position within the City.  Each job description will include:  position title, department, supervisor’s title, FLSA status (exempt or nonexempt), primary objective of the position, essential functions of the position, examples of performance criteria, minimum requirements, desirable training and experience, supervisory responsibilities (if any), and extent of supervisory direction or guidance provided to position.  Good attendance and compliance with work rules and policies are essential functions of all City positions. 

 

Prior to posting a vacant position the existing job description is reviewed by the City Council and the hiring supervisor to ensure that the job description is an accurate reflection of the position and that the stated job qualifications do not present artificial barriers to employment.

 

A current job description is provided to each new employee.  Supervisors are responsible for revising job descriptions as necessary to ensure that the position’s duties and responsibilities are accurately reflected.  All revisions are reviewed and must be approved by the City Council.

 

Assigning and Scheduling Work

Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the approval of the City Council.   

 

Job Descriptions and Classifications

Assignment of job titles, establishment of minimum qualifications, and the maintenance of job descriptions and related records is the responsibility of the City Council.

 

Layoff

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 Council.  When all other considerations are equal, the principle of seniority will apply in layoffs and recall from layoff.

 

HOURS OF WORK

 

 Work Hours

Work schedules for employees will be established by supervisors with the approval of the City Council.  The regular work week for employees is five eight-hour days in addition to a lunch period, except as otherwise approved by the City Council in accordance with the customs and needs of the individual departments.

 

Meal Breaks and Rest Periods

A paid fifteen (15) minute paid break is allowed within each four (4) consecutive hours of work.  An unpaid thirty (30) minute lunch period is provided when an employee works eight or more consecutive hours.  Employees are expected to use these breaks as intended and will not be permitted to adjust work start time, end time or lunch time by saving these breaks.

 

Adverse Weather Conditions

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 vacation time or with supervisor approval may modify the work schedule or make other reasonable schedule adjustments.

 

Sworn police officers and public works maintenance employees will generally be required to report to work regardless of conditions.  

 

Decisions to cancel departmental programs (special events, recreation programs, etc) will be made by the respective supervisor or the City Council.

 

COMPENSATION

 

Full-time employees of the City will be compensated according to schedules adopted by the City Council.  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.

 

Compensation for seasonal and temporary employees will be set by the City Council at the time of hire, or on an annual basis.  

 

Paychecks

Paychecks are issued every two weeks for Full time employees and monthly for part time employees. Distribution of paychecks to City employees is to be accomplished in a timely manner using accurate, consistent procedures.  When paydays fall on a holiday, checks are normally issued the day before the holiday.

 

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 Clerk of any change in status including changes in address, phone number, names of beneficiaries, marital status, etc.

 

Time Reporting

Full-time employees are expected to average between 36- 40 hours per workweek and 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 employees are to be recorded daily and submitted to payroll on a biweekly basis.  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.

 

Overtime

The City of Walnut Grove has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. 

 

All overtime-eligible employees will be compensated at the rate of time and one-half for all hours worked over 40 in one workweek.  Vacation, sick leave and paid holidays do not count toward “hours worked”. 

PERFORMANCE REVIEWS

 

An objective performance review system will be established by the City Council 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.  

 

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. 

 

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.  

 

During the training period, informal performance meetings should occur frequently between the supervisor and the employee.  

 

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. 

 

 

BENEFITS

 

Insurance and Medical Reimbursement

The City will contribute a monthly amount to be used for insurance purchase with AFLAC or used for Medical Reimbursement or Premium reimbursement through TASC (Total Administrative Services Corp.)  The amount to be contributed and the type of coverage will be determined annually by the City Council.

 

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.  Most 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 Clerk.

 

HOLIDAYS

The City observes the following official holidays for all regular full-time employees:

New Year's Day

Martin Luther King, Jr. Day

President's Day

Memorial Day

Independence Day

Labor Day

Veteran’s Day

Thanksgiving

Christmas Day

 

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.

 

Full-time employees will receive 8 hours 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.  Any employee on a leave of absence without pay from the City is not eligible for holiday pay.  

 

Premium pay of 1.5 times the regular hourly wage for employees required to work on a holiday will be for hours worked on the “actual” holiday as opposed to the “observed” holiday.

 

Employees wanting to observe holidays other than those officially observed by the City may request either vacation leave or unpaid leave for such time off.

 

LEAVES

 

Depending upon an employee’s situation, more than one form of leave may apply during the same period of time (e.g., The Family and Medical Leave Act is likely to apply during a worker’s compensation absence.).  An employee will need to meet the requirements of each form of leave separately.   Leave requests will be evaluated on a case-by-case basis.  

 

Except as otherwise stated, all paid time off, taken under any of the City’s leave programs, must be taken consecutively, with no intervening unpaid leave.  The City will provide employees with time away from work as required by state or federal statutes, if there are requirements for such time off that are not described in the personnel policies.

 

Sick Leave

Sick leave is authorized absence from work with pay, granted to qualified full-time employees.  Sick leave is a privilege, not a right.  Employees are to use this paid leave only when they are unable to work for medical reasons and under the conditions explained below.  Sick leave does not accrue during an unpaid leave of absence.

·        Full-time employees will accumulate sick leave at a rate of one (1) day per month.  

·        Part-time employees regularly scheduled to work fewer than 36 hours per week will not earn or accrue sick leave.

·        Temporary and seasonal employees will not earn or accrue sick leave.

·        Sick leave may be used only for days when the employee would otherwise have been at work.  It cannot be used for scheduled days off.

·        Employees may accrue up to 20 days (160 hours) of sick pay.

·        Employees leaving municipal employment in good standing and with proper notice will be compensated for unused sick days at a rate of 25% of their current wage.

 

Sick leave may be used as follows:

• When an employee is unable to perform work duties due to illness or disability            (including pregnancy).

• For medical, dental or other care provider appointments.

• When an employee has been exposed to a contagious disease of such a nature that his/her presence at the work place could endanger the health of others.

• To care for the employee’s injured or ill spouse or children, including stepchildren or foster children, for such reasonable periods as the employee’s attendance with the child may be necessary.

• To take injured or ill spouse or children, including stepchildren or foster children to a medical, dental or other care provider appointment.

 

After accrued sick leave has been exhausted, Catastrophic Sick leave may be used if the employee has documentation from a physician requiring time off for medical reasons for the employee or employee’s child.  Vacation leave may be used upon approval of the City Council, to the extent the employee is entitled to such leave.

 

Catastrophic Sick Leave

·        Hours will accrue at the rate of 2 days (16 hours) per month. 

·        Each employee will be able to accumulate to a maximum of 60 days (480 hours). 

·        This Sick leave may only be used after all regular sick days have been used and the employee must have a physicians note excusing them from work. 

·        This Unused catastrophic sick time will not be paid out when employment is discontinued with the city.

 

 

To be eligible for sick leave pay, the employee will: 

• Communicate with his/her immediate supervisor, as soon as possible after the scheduled start of the work day, for each and every day absent;

• Keep his/her immediate supervisor informed of the status of the illness/injury or the condition of the ill family member;

• Submit a physician’s statement upon request.

 

After an absence, a physician's statement may be required on the employee’s first day back to work, indicating the nature of the illness or medical condition and attesting to the employee's ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation.  

 

Any work restrictions must be stated clearly on the return-to-work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision.  Sick leave may be denied for any employee required to provide a doctor’s statement until such a statement is provided.

 

The City has the right to obtain a second medical opinion to determine the validity of an employee’s worker's compensation or sick leave claim, or to obtain information related to restrictions or an employee's ability to work.  The City will arrange and pay for an appropriate medical evaluation when it is required by the City.

 

Any employee who makes a false claim for sick leave will be subject to discipline up to and including termination.

 

Employees must normally use sick leave prior to using paid vacation, or compensatory time and prior to an unpaid leave of absence during a medical leave, except where Parenting Leave under Minnesota law and the medical leave overlap.

 

Sick leave will normally not be approved after an employee gives notice that he or she will be terminating employment.  Exceptions must be approved by the City Council.

 

Sick leave cannot be transferred from one employee to another.  Regular Earned sick leave will be paid out at 25% upon termination or retirement. 

 

Vacation Leave

 

Vacation Leave Schedule

Vacation earned Year 1 = 3.34 hours / month

Vacation earned Year 2-5 = 6.68 hours / month or 10 days annually

Vacation earned Year 6 = 7.33 hours /month or 11 days annually

Vacation earned Year 7 = 8 hours /month or 12 days annually

Vacation earned Year 8 = 8.67 hours /month or 13 days annually

Vacation earned Year 9 = 9.33 hours /month or 14 days annually

Vacation earned Year 10 = 10 hours /month or 15 days annually

Vacation earned Year 11 = 10.67 hours /month or 16 days annually

Vacation earned Year 12 = 11.33 hours /month or 17 days annually

Vacation earned Year 13 = 12 hours /month or 18 days annually

Vacation earned Year 14 = 12.67 hours /month or 19 days annually

Vacation earned Year 15 + = 13.33 hours /month or 20 days annually

 

Eligibility

Full-time employees will earn vacation leave in accordance with the above schedule.  Vacation leave does not accrue during an unpaid leave of absence.

 

Part-time employees who work at least 20 hours per week on a regular basis will receive 24 hours of vacation leave beginning in year 2 of employment.  The hours will be given to the employee January 1 each year and can not be carried over to the next year if not used.

 

Part-time employees who work less than 20 hours per week on a regular basis, temporary and seasonal employees will not earn or accrue vacation leave.

 

Accrual Rate

For the purpose of determining an employee’s vacation accrual rate, years of service will include all continuous time that the employee has worked at the City (including authorized unpaid leave).  Employees who are rehired after terminating City employment will not receive credit for their prior service unless specifically negotiated at the time of hire.

 

Earnings and Use

After six months of service, vacation leave may be used as it is earned, subject to approval by the City Council.  

 

An employee will earn vacation hours on a prorated basis for the last month of employment whether employment ends voluntarily or involuntarily and is leaving municipal employment in good standing and with proper notice.

 

Requests for vacation must be received at least forty-eight (48) hours in advance of the requested time off.  This notice may be waived at the discretion of the supervisor and City Council.  Vacation can be requested in increments as small as one hour up to the total amount of the accrued leave balance.  Vacation leave is to be used only by the employee who accumulated it.  It cannot be transferred to another employee.

 

Employees may carry over 10 days (80 hours) of vacation into the next year. Vacation leave cannot be converted into cash payments except at termination.

 

Funeral Leave

Employees will be permitted to use up to three (3) consecutive working days, with pay, as funeral leave upon the death of an immediate family member.  This paid leave will be deducted from the employee’s regular sick leave balance.   Immediate family includes spouse, child, step-child, brother, sister, step-sister, step-brother, mother, father, step-mother, step father, grandchild, step- grandchild, mother-in-law, and father-in-law.  Employees may use up to one (1) day of funeral leave upon the death of someone other than an immediate family member. 

 

The actual amount of time off, and funeral leave approved, will be determined by the supervisor or City Council depending on individual circumstances (such as the closeness of the relative, arrangements to be made, distance to the funeral, etc.). 

 

Medical Certification 

Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor’s certification may be required.  The physician’s certification is to state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of his/her position.  A statement attesting to the employee’s ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work.  

 

 

Severance Pay 

Employees leaving the City in good standing will receive 100% of their vacation leave balance and 25% of their regular sick pay as compensation (applicable taxes will be withheld). 

 

Unpaid Leave 

Unpaid leaves may be approved in accordance with the City personnel policies.  Employees must normally use all accrued annual leave prior to taking an unpaid leave.  If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave.  Any exceptions to this policy must be approved by the City Council.

 

Military Leave

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.

 

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.

 

Where possible, notice is to be provided to the City at least ten (10) working days in advance of the requested leave.  If an employee has not yet used his/her fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed for the active duty time, prior to the unpaid leave of absence.

 

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 vacation leave and sick leave accruals.

 

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. 

 

Jury Duty

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.  

 

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.

 

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.

 

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 department head approval.

 

 

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.

 

Job Related Injury or Illness

All employees are required to report any job-related illnesses or injuries to their supervisor immediately (no matter how minor).  If a supervisor is not available and the nature of injury or illness requires immediate treatment, the employee is to go to the nearest available medical facility for treatment and, as soon as possible, notify his/her supervisor of the action taken.  In the case of a serious emergency, 911 should be called.

 

If the injury is not of an emergency nature, but requires medical attention, the employee will report it to the supervisor and make arrangements for a medical appointment.

 

Worker's compensation benefits and procedures to return to work will be applied according to applicable state and federal laws.

 

Parenting Leave (state law requirement for cities with 21 or more employees)

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.  

 

Employees are not required to use sick leave during Parenting Leave but may use sick leave at their option for any period of this leave for which they are unable to work due to medical reasons. 

 

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.  Insurance benefits will continue during the six (6) week Parenting Leave.

 

If the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave.  The two leaves will run concurrently until eligibility for either leave expires.

 

Administrative Leave

Under special circumstances, an employee may be placed on an administrative leave pending the outcome of an internal or external investigation.  The leave may be paid or unpaid, depending on the circumstances, as determined by the City Council.

 

Adoptive Parents (state law requirement for cities with more than 21 employees)

Adoptive parents will be given the same opportunities for leave as biological parents (see provisions for Parenting Leave).  The leave must be for the purpose of arranging the child’s placement or caring for the child after placement.  Such leave must begin before or at the time of the child’s placement in the adoptive home. 

 

School Conference Leave (state law requirement for cities with more than 21 employees)

Any employee who has worked half-time or more for more than twelve (12) months, may take unpaid leave for up to a total of sixteen (16) hours during any school year to attend school conferences or classroom activities related to the employee's child (under 18 or under 20 and still attending secondary school), provided the conference or activities cannot be scheduled during non-work hours.

 

Bone Marrow Donation Leave (state law requirement for cities with more than 20 employees)

Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40 hours unless agreed to by the City, to undergo medical procedures to donate bone marrow.

The City may require a physician’s verification of the purpose and length of the leave requested to donate bone marrow.  

 

Victim or Witness Leave

An employee who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony is entitled to reasonable time off from work to attend criminal proceedings related to the victim’s case.

 

Elections / Voting

An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off without pay for purposes of serving as an election judge, provided that the employee gives the City at least ten (10) days written notice.

 

All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to vote during the morning of election day.  Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues.

 

Regular Leave without Pay

The City Council may authorize leave without pay for up to thirty (30) days to a maximum of one (1) year.  

 

Normally employee benefits will not be earned by an employee while on leave without pay. However, the City’s contribution toward health, dental and life insurance may be continued, if approved by the City Council, for leaves of up to ninety (90) days when the leave is for medical reasons and FMLA has been exhausted.

 

If an employee is on a regular leave without pay and is not working any hours, the employee will not accrue (or be paid for) holidays, sick leave, or vacation leave (annual leave).  Employees who are working reduced hours while on this type of leave will receive holiday pay on a prorated basis and will accrue sick leave and vacation leave (annual leave) based on actual hours worked.

 

Leave without pay hours will not count toward seniority and all accrued vacation leave and compensatory time must normally be used before an unpaid leave of absence will be approved.

 

To qualify for leave without pay, an employee need not have used all sick leave earned unless the leave is for medical reasons. (An employee absent for Parenting Leave is not required to use sick leave.) Leave without pay for purposes other than medical leave or work-related injuries will be at the convenience of the City.

 

Employees returning from a leave without pay for a reason other than a qualified Parenting Leave or FMLA, will be guaranteed return to the original position for absences of thirty (30) calendar days or less. 

 Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons other than qualified Parenting Leave or FMLA, are not guaranteed return to their original position.  If their original position or a position of similar status is available, it may be offered at the discretion of the City Council.

 

The Family and Medical Leave Act (29 CFR Part 825) provides certain employees with up to 12 workweeks of unpaid, job-protected leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.

 

The FMLA applies to all public agencies, including state, local and federal employers, and local education agencies (schools).  To be eligible for FMLA leave, an employee must work for a covered employer and:

• have worked for that employer for at least 12 months; and 

• have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and

• work at a location where at least 50 employees are employed at the location or within 75 miles of the location. (Note:  “volunteer” firefighter may count as employees if paid at or near minimum wage.)

 

Family and Medical Leave

 

General

In accordance with the Family and Medical Leave Act (FMLA) unpaid job protected leave will be granted to all eligible employees (male and female) for up to twelve (12) weeks per twelve (12) month period for any of the following reasons:

 

1. Birth or placement of a child with the employee for adoption or foster care;

2. To care for a spouse, child or parent who has a serious health condition; or

3. A serious health condition that makes the employee unable to perform the essential functions of the position.

 

In accordance with the law, the following definitions apply: 

 

"Caring" for someone includes psychological as well as physical care.  It also includes acquiring care and sharing care duties.

 

An eligible "child" is defined as a person under 18 years of age (or a person incapable of self-care because of a physical or mental disability) who is a biological, adopted, foster, or step child, a ward of the employee, or a person with whom the employee is charged with a parent's rights, duties and responsibilities.

 

An eligible "parent" includes a biological parent or a person who was charged with a parent's rights, duties and responsibilities over the employee when the employee was under the legal age, but doesn't include in-laws.

 

"Serious health condition" is defined in Federal law, but generally includes incapacity requiring absence from work of more than three (3) days that also involves continuing treatment by a health care provider (includes prenatal care).

 Eligibility

An eligible employee is one who has worked for the City for a cumulative period of twelve (12) months and at least 1,250 hours during the twelve (12) month period prior to requesting leave.

  

Length of Leave

The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period.  The entitlement to FMLA leave for the birth or placement of a child expires twelve (12) months after the birth or placement of that child.

 

Leave Year

The 12 month period is calculated by measuring twelve months backward from the start date of the employee’s last FMLA leave.  

 

Notice

The employee is to give verbal or written notice to his/her supervisor at least thirty (30) days prior to the date on which leave is to begin or if thirty (30) days notice cannot be given as much notice as practical.

 

If an employee fails to give thirty (30) days notice for a foreseeable leave with no reasonable explanation for the delay, the leave may be denied until thirty (30) days after the employee provides notice.  To the extent possible, planned medical treatment should be scheduled so that it will not unduly disrupt the City's operations.

 

Medical Certification

The employee may be required to provide medical certification to support a request for leave because of the serious health condition of a child, spouse, parent or the employee.  A "Certification of Physician or Practitioner" form can be obtained from the City Clerk.

 

The form is to be completed by the attending physician or practitioner and submitted to the City Clerk within ten (10) days after requested, or as soon as is reasonably practicable.

 

The City may require a second (or third) opinion at the City's expense.  If required, the City will select a health care provider not regularly associated with the City.

 

Recertification 

Recertification may be required if the employee requests an extension of the original length approved by the City or if the employee's circumstances change.  Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition.  

 

Intermittent Leave

Leave requested because of a serious health condition of either a family member or the employee may be taken intermittently or on a reduced schedule if medically necessary.  All requests for intermittent leave will be evaluated on a case-by-case basis. 

 

The City may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits that better accommodates the intermittent leave than the employee’s regular position.

 

Fitness for Duty Certification

The City may require a medical certificate attesting to the employee's fitness for duty prior to return to work.  The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of his/her regular job.

 

The City Clerk may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the ADA (Americans with Disabilities Act).  If a fitness for duty certification is required, the City may deny reinstatement until it is provided.

 

Job Protection

Employees returning from Family and Medical Leave will be reinstated in their former position or a position equivalent in pay, benefits and other terms and conditions of employment.

 

An employee's reinstatement rights are the same as they would have been had the employee not been on leave.  Thus, if an employee's position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave.

 

Effect on Benefits

An employee granted leave under this policy will continue to be covered under the City's medical/premium reimbursement plan under the same conditions and at the same level of City contribution as would have been provided had they been continuously employed during the leave period.  If there are changes in the City's contribution levels while the employee is on leave, those changes will take place as if the employee were still on the job.

 

Arrangements for payment of the employee's portion of premiums must be made by the employee with the City.  If an employee's contribution is more than thirty (30) days late, the City may terminate the employee's portion of medical / premium reimbursement.

 

Seniority

Seniority does not accrue during any period of unpaid FMLA except as allowed when the leave is covered by worker’s compensation). However, seniority accrued prior to commencement of FMLA leave will not be lost.

  

Use of Accrued Paid Leave or Compensatory Time During Family and Medical Leave

During the Family and Medical Leave, employees must use accrued sick leave, vacation leave (annual leave) and compensatory time prior to taking an unpaid leave unless their medical condition/injury is covered by worker’s compensation or the absence qualifies under the state Parental Leave law (see Parental Leave Policy).   

 FMLA leave counts as continued service for purposes of retirement and/or pension plans.

 

Records Retention

Records on FMLA leave will generally be kept with normal payroll records except that any medical record will be maintained separately as a confidential medical record in accordance with the law.

 

Failure to Return from FMLA Leave

Employees who cannot return from an approved FMLA leave at the end of the approved leave period may request an extension (up to the maximum of twelve (12) weeks allowed under FMLA).  If the twelve (12) FMLA weeks have already been used, the employee can request to go on a regular unpaid leave of absence.  If approved, before unpaid leave begins the employee must use any accrued sick leave, compensatory time, or vacation leave (annual leave) that remains.  If the leave is approved and unpaid, the employee will be required to pay the full cost of all medical / premium reimbursement plan in order to continue coverage.  

 

If the unpaid leave of absence is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily resigned.  If circumstances beyond the employee's control prevented the employee from requesting additional leave, a retroactive leave request may be allowed, subject to the City Council’s approval.

 

If an employee fails to return from an FMLA leave and is determined to have voluntarily quit as described above, the City may seek reimbursement from the employee for the portion of the insurance premiums paid by the City on behalf of that employee during the period of leave.

 

Light Duty/Modified Duty Assignment

This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties.  Light duty is evaluated by the City Council on a case-by-case basis.  This policy does not guarantee assignment to light duty.

 

Such assignments are for short-term, temporary disability-type purposes; assignment of light duty is at the discretion of the City Council.  The City Council reserves the right to determine when and if light duty work will be assigned.

 

When an employee is unable to perform the essential requirements of his/her job due to a temporary disability, he/she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he/she is unable to perform the essential functions, duties, and requirements of the position.  This notice must be accompanied by a physician's report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability.  The notice must include the expected time frame regarding return to work with no restrictions, meeting all essential requirements and functions of the City's job description along with a written request for light duty.  Upon receipt of the written request, the supervisor is to forward a copy of the report to the City Council.

 

The City may require a medical exam conducted by a physician selected by the City to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions.

 

It is at the discretion of the City Council whether or not to assign light duty work to the employee.  Although this policy is handled on a case-by-case basis, light duty will not generally be approved beyond six months.

 

If the City offers a light duty assignment to an employee who is out on worker’s compensation leave, the employee may be subject to penalties if he/she refuses such work.  The City will not, however, require an employee who is otherwise qualified for protection under the Family and Medical Leave Act to accept a light duty assignment.

 

The circumstances of each disabled employee performing light duty work will be reviewed regularly.  Any light duty/modified work assignment may be discontinued at any time.

 

 

 

RESPECTFUL WORKPLACE POLICY

(includes sexual harassment prevention)

 

The intent of this policy is to provide general guidelines about the conduct that is and is not appropriate in the workplace. The City acknowledges that this policy cannot possibly predict all situations that might arise, and also recognizes that some employees are exposed to disrespectful behavior, and even violence, by the very nature of their jobs. 

 

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.  

 

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 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.

 

Types of Disrespectful Behavior

The following types of behaviors cause a disruption in the workplace and are, in many instances, unlawful:

 

Violent behavior includes the use of physical force, harassment, or intimidation.

 

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.

 

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.  

 

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:

 

• Submitting to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or

• Submitting to or rejecting the conduct is used as the basis for an employment decision affecting an individual’s employment; or

• 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:

 • 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.

• 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 tasteless, sexually oriented comments, innuendos or actions that offend others.

• 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.

 

 

Possession and Use of Dangerous Weapons 

Possession or use of a dangerous weapon (see attached definitions) 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 following exceptions to the dangerous weapons prohibition are as follows:

 

• 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.

• A person who is showing or transferring the weapon or firearm to a police officer as part of an investigation.

• Police officers and employees who are in possession of a weapon or firearm in the scope of their official duties.

 

 

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 Clerk. 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 Clerk or Police Department.

Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it within two business days to a supervisor or the City Clerk.

 

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 Clerk or the Mayor.

 

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 Council, who will determine whether an investigation is warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported:

 

Step 1.  If the nature of the allegations and the wishes of the victim warrant a simple 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 the following description of the incident, including date, time and place:

 

• Corroborating evidence.

• A list of witnesses.

• Identification of the offender.

 

 

Step 3.  The supervisor must notify the City Clerk 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.

 

Special Reporting Requirements

When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the City Clerk who will assume the responsibility for investigation and discipline.

 

If the City Clerk 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.

 

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 Clerk 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.

 

Pending completion of the investigation, the City Clerk may at his/her discretion take appropriate action to protect the alleged victim, other employees, or citizens.

 

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 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). 

 

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.

 

 

 

 

SEPARATION FROM SERVICE

 

Resignations

Employees wishing to leave the City service in good standing must provide a written resignation notice to their supervisor, at least ten (10) working days before leaving.  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.

 

Severance Pay

Employees who leave the employ of the City in good standing by retirement or resignation will receive pay for 100% of unused accrued vacation (annual leave and 25% of the unused regular sick pay).

 

DISCIPLINE

 

General Policy

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 Walnut Grove.  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.

 

Discipline will be administered in a non-discriminatory manner.  An employee who believes that discipline applied was either unjust or disproportionate to the offense committed may pursue a remedy through the grievance procedures established in the City’s personnel policies.  The supervisor and/or the City Council will investigate any allegation on which disciplinary action might be based before any disciplinary action is taken.

 

No Contract Language Established

This policy is not to be construed as contractual terms and is intended to serve only as a guide for employment discipline.

 

Process

The City may elect to use progressive discipline with any employee.  There may be circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. Nothing in these personnel policies implies that any City employee has a property right to the job he/she performs. 

 

Documentation of disciplinary action taken will be placed in the employee’s personnel file with a copy provided to the employee.  

 

The following are descriptions of the types of disciplinary actions:

 

Oral Reprimand

This measure will be used where informal discussions with the employee’s supervisor have not resolved the matter.  All supervisors have the ability to issue oral reprimands without prior approval.  

 

Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be.  The supervisor will document the oral reprimand including date(s) and a summary of discussion and corrective action needed. 

 

Written Reprimand

A written reprimand is more serious and may follow an oral reprimand when the problem is not corrected or the behavior has not consistently improved in a reasonable period of time.  Serious infractions may require skipping either the oral or written reprimand, or both.  Written reprimands are issued by the supervisor with prior approval from the City Council.

 

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) 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 Council may suspend an employee without pay for disciplinary reasons.   Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans.  Qualified veterans will not be suspended without pay in conjunction with a termination.

 

The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter.  A copy of the letter of suspension will be placed in the employee's personnel file.

 

An employee may be suspended or placed on involuntary leave of absence pending an investigation of an allegation involving that employee.  The leave may be with or without pay depending on a number of factors including the nature of the allegations.  If the allegation is proven false after the investigation, the relevant written documents will be removed from the employee’s personnel file and the employee will receive any compensation and benefits due had the suspension not taken place.  

 

Demotion

An employee may be demoted if attempts at resolving an issue have failed and the City Council determines a demotion to be the best solution to the problem.  The employee must be qualified for the position to which they are being demoted. 

 

Salary

An employee's salary increase may be withheld or the salary may be decreased due to performance deficiencies.

 

Dismissal

The City Council, may dismiss an employee for substandard work performance, serious misconduct, or behavior not in keeping with City standards.

 

If the 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.

 

GRIEVANCE PROCEDURE

 

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:

 

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.

 

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 Council within seven (7) days after the supervisor’s response is due.  The City Council will respond to the employee in writing within seven (7) calendar days.  The decision of the City Council is final.

 

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.

 

The following actions are not grievable:

1. Performance evaluations;

2. Pay increases or lack thereof; and

3. Merit pay awards.

 

 

The above list is not meant to be all inclusive or exhaustive.

 

 

EMPLOYEE EDUCATION & TRAINING

 

The City promotes staff development as an essential, ongoing function needed to maintain and improve cost effective quality service to residents.  The purposes for staff development are to ensure that employees develop and maintain the knowledge and skills necessary for effective job performance and to provide employees with an opportunity for job enrichment and mobility.

 

Policy

The City will pay for the costs of an employee’s participation in training and attendance at professional conferences, provided that attendance is approved in advance under the following criteria and procedures: 

 

Job-Related Training & Conferences

The subject matter of the training session or conference is directly job-related and relevant to the performance of the employee’s work responsibilities.  Responsibilities outlined in the job description, annual work program requirements and training goals and objectives that have been developed for the employee will be considered in determining if the request is job-related.  

 

CLE or similar courses taken by an employee in order to maintain licensing or other professional accreditation will not be eligible for payment under this policy unless the subject matter relates directly to the employee’s duties, even though the employee may be required to maintain such licensing or accreditation as a condition of employment with the City.  

 

The supervisor and the City Council are responsible for determining job-relatedness and approving or disapproving training and conference attendance.  

 

Job-Related Meetings

Attendance at professional meetings costing $50 or less and directly related to the performance of the employee’s work responsibilities do not require the approval of the City Council.  Advance supervisor approval is required to ensure adequate department coverage.

 

Request for Participation in Training & Conferences

The request for participation in a training session or conference must be submitted in writing to the employee’s supervisor on the appropriate form.  All requests must include an estimate of the total cost (training session, travel, meals, etc.) and a statement of how the education or training is related to the performance of the employee’s work responsibilities with the City.

 

Requests totaling more than $50 must be approved by the employee’s supervisor and the City Council.  Documentation approving conference or training attendance will be provided to the employee with a copy placed in the employee’s personnel file.

 

Payment information such as invoices, billing statements, etc., regarding the conference or training should be forwarded to accounting for prompt payment.  

 

Out of State Travel

Attendance at training or conferences out of state is approved only if the training or conference is not available locally.  All requests for out of state travel are reviewed for approval/disapproval by the City Council.

 

 

Not to Exceed Figure

Payment of training and/or conference expenses must not exceed $300 per employee per fiscal year, excluding travel and subsistence costs.  Exceptions must receive approval by the City Council.

 

Compensation for Travel & Training Time

Time spent traveling to and from, as well as time spent attending a training session or conference, will be compensated in accordance with the federal Fair Labor Standards Act.

 

Travel and other related training expenses will be reimbursed subject to the employee providing necessary receipts and appropriate documentation.

 

Memberships and Dues 

The purpose of memberships to various professional organizations must be directly related to the betterment of the services of the City.  Normally, one City membership per agency, as determined by the City Administrator is allowed, providing funds are available.

 

Upon separation of employment, individual memberships remain with the City and are transferred to another employee by the supervisor.

 

Travel & Meal Allowance

If employees are required to travel outside of the area in performance of their duties as a City employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses incurred. However, the City will not reimburse employees for meals connected with training or meetings within City limits, unless the training or meeting is held as a breakfast, lunch or dinner meeting.

 

Employees who find it necessary to use their private automobiles for City travel and who do not receive a car allowance will be reimbursed at the prevailing mileage rate as established by the City Council, not to exceed the allowable IRS rate.

 

Expenses for meals, including sales tax and gratuity, will be reimbursed according to this policy.  No reimbursement will be made for alcoholic beverages.  Meal expenses of $40 per day will be allowed.

 

A full reimbursement, over the maximum defined, may be authorized if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations.

  

Tuition Reimbursement 

To be considered for tuition reimbursement the employee must be in good standing and have been employed by the City for at least one year.  All requests for tuition reimbursement will be considered on a case-by-case basis by the City Council.

 

Courses taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement:

• Courses must be directly related to the employee's present position (whether required for a degree program or not)

 

The City will pay the cost of tuition upon successful completion (C grade or better; “pass” in a pass/fail course) of the approved course. 

 

Tuition reimbursement for an individual employee will not exceed $1000 per year.

 

 

OUTSIDE EMPLOYMENT

 

The potential for conflicts of interest is lessened when individuals employed by the City of Walnut Grove regard the City as their primary employment responsibility.  All outside employment is to be reported to the employee’s immediate supervisor.  If a potential conflict exists based on this policy or any other consideration, the supervisor will consult with the City Council.  Any City employee accepting employment in an outside position that is determined by the City Council 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.

 

For the purpose of this policy, outside employment refers to any non-City employment or consulting work for which an employee receives compensation, except for compensation received in conjunction with military service or holding a political office or an appointment to a government board or commission that is compatible with City employment.  The following is to be considered when determining if outside employment is acceptable:

• 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.

• Outside employment must not interfere with the employee's ability to fulfill the essential requirements of his/her position.

• The employee must not use City equipment, resources or staff in the course of the outside employment.

• The employee must not violate any City personnel policies as a result of outside employment.

• 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 vacation or compensatory time is not a violation of policy unless that work creates the appearance of a conflict of interest.

• No employee will work for another employer, or for his/her own business, while using paid sick leave from the City for those same hours.

• Departments may establish more specific policies as appropriate, subject to the approval of the City Administrator.

 

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.  

 

 

DRUG FREE WORKPLACE (Includes Alcohol use)

 

In accordance with Federal Law, the City of Walnut Grove has adopted the following policy on drugs in the workplace:

 

A. 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.

 

B. 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.

 

C. 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.

 

D. Employees must, as a condition of employment, abide by the terms of this policy and must report any conviction under a criminal drug statute for violations occurring on or off work premises while conducting City business.  A report of the conviction must be made within five (5) days after the conviction as required by the Drug-Free Workplace Act of 1988.

 

  

 

 

Ambulance Service & Fire Department

 

Alcohol and Drug Use Policy:

1. A Firefighter, EMT or First Responder who has consumed more than two drinks of alcoholic beverages in the previous four hours shall not respond to an emergency call.  

 

2. A Firefighter, EMT or First Responder who has used any illegal drug during the preceding 24 hours shall not respond to an emergency call.  

 

3. Upon arriving at the fire hall or Ambulance Garage in response to an emergency call, a Firefighter, EMT or First Responder shall immediately inform the EMT or Officer in charge of any of the following conditions:  

 

• If the Firefighter, EMT or First Responder has consumed alcohol during the preceding four hour period, and the amount consumed in that period.  

 

• If the Firefighter, EMT or First Responder is using any prescription or non-prescription medication that is labeled with a warning regarding drowsiness, driving, or operation of machinery.   

 

4. A Firefighter, EMT or First Responder who has consumed any alcohol in the preceding four-hour period, or who is using a prescription or non-prescription medication that is labeled with a warning regarding drowsiness, driving, or operation of machinery shall not perform any of the functions listed below, but will instead be assigned to other duties.  

 

• Drive any vehicle;

• Use SCBA;

• Enter a structure fire;

• Provide emergency medical assistance or first aid.  

 

5. The Fire Officer in charge shall restrict the activities of any firefighter as s/he deems appropriate if the Fire Officer in charge reasonably believes or suspects that the firefighter may be unable for any reason to safely and properly perform the duties of a firefighter. This applies even if the firefighter is in compliance with the requirements of Paragraphs 1 through 4 of this policy.  

 

6. Any Firefighter, EMT or First Responder who during an emergency response observes any indication that another Firefighter, EMT or First Responder is under the influence of alcohol or drugs shall immediately report those observations to the Officer in charge. Such indications include the odor of alcohol on the breath, slurred speech, unsteady gait, or disorientation.  

 

7. In any case of a scheduled social event that may involve consumption of alcohol by a substantial percentage of the Fire Department members, the Fire Chief shall arrange in advance for emergency response by a neighboring department pursuant to the appropriate mutual aid agreement.  

 

 

 

 

CITY DRIVING POLICY

 

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.  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.  

 

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 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.

 

The City will determine appropriate action on a case-by-case basis.

 

CELLULAR PHONE USE

 

This policy is intended to define acceptable and unacceptable uses of cellular telephones.  Its application is to insure that cellular phone usage is consistent with the best interests of the City without unnecessary restriction of employees in the conduct of their duties. This policy will be implemented to prevent the improper use or abuse of cellular phones and to ensure that City employees exercise the highest standards of propriety in their use.

 

Cell phone use while driving a city vehicle is not allowed regardless of whether it is a city cell phone or a personal cell phone.  This includes text messaging.  If an employee needs to use a cell phone while driving, they will be expected to pull over in a safe place to make the phone call or send a message.   Any violations of this may result in disciplinary action. 

 

General Policy

Cellular telephones are intended for the use of City employees in the conduct of their work for the City. Supervisors are responsible for the cellular telephones assigned to their employees and will exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent personal use of such telephones or equipment provided that:

• Its use in no way limits the conduct of work of the employee or other employees.

• No personal profit is gained or outside employment is served.

 

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.  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.

 

Use of public resources by City employees for personal gain and/or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and subject to disciplinary action which may include termination and/or criminal prosecution, depending on the circumstances. Incidental and occasional personal use may be permitted with the consent of the supervisor. 

 

All personal calls made by employees on a City-provided cellular phone must be paid for by the employee through reimbursement to the City based on actual cost listed on the City’s phone bill.  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.

 

Procedures

It is the objective of the City of Walnut Grove to prevent and correct any abuse or misuse of cellular telephones through the application of this policy.  Employees who abuse or misuse such telephones may be subject to disciplinary action.

 

Responsibility

The City Council, will have primary responsibility for implementation and coordination of this policy. All supervisors will be responsible for enforcement within their departments.

 

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.

 

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.   

 

Any accident on city property involving injury or damage to any property must be reported to our insurance agent within 24 hours whether a claim is going to need to be filed or not.  

 

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.

 

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.