HomeMy WebLinkAbout4. Revised Personnel Handbook
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kris Wilson, Assistant City Administratorp
SUBJECT: Revised Personnel Handbook
DATE: March 30,2007
Introduction
The Council is asked to review and provide feedback on a revised Personnel Handbook
for Employees of the City of Shako pee.
Background
The City's current Personnel Handbook was originally adopted twelve years ago and has
been amended numerous times over the years to meet changing ne~ds of the City and to
respond to specific circumstances. The current handbook has now reached a point where
it is disjointed, repetitive and, in a few places, contradictory, as a result of both the years
of amendments, changing state and federal requirements and the growth of the City.
With the help of attorneys specializing in employment law at Kennedy & Graven, the
City Administrator and I, along with the City's Department Heads, have reviewed the
current handbook page by page to come up with a revised handbook that is intended to be
more up-to-date and to better meet the needs of the City in its current form and size.
A large number ofthe changes to the handbook relate to the order and placement of
particular sections or are intended to simply clarify current policy or practice. The
reorganization of the handbook and numerous wordsmithing changes have made a
traditional draft, with new language underlined and deleted language crossed-out,
unreadable. Therefore, attached is a clean copy of the proposed new handbook, along
with an executive summary that outlines the actual policy changes in the new handbook
as compared to the current handbook.
Summary of Policv Chan2es in Proposed Personnel Handbook
Introduction
The introduction section is a new addition to the Personnel Handbook. Rather than
starting right off with the rather technical language regarding the purpose of the
handbook, we wanted to start with some language outlining what the City expects of its
employees and what our employees can expect in return.
Chapter I: Purpose and General Guidelines
This chapter is largely carry-over language from the current handbook. It includes the
City's Equal Opportunity Employment Policy and states that regular City employees may
be disciplined and discharged only for just cause.
Chapter II: Definitions
This chapter is also primarily carry-over language from the current handbook. It defines
the different types of employees the City has and establishes that a benefits-eligible
employee is any non-seasonal employee who is regularly scheduled to work 30 hours per
week or more.
Chapter III: Appointments
This chapter on appointments was previously located at the end of the Personnel
Handbook, but seems to make more sense up front. It outlines the pre-employment
screenings required for regular employees and the 12-month probationary period required
at the time of hire, promotion or re-assignment. One change in this section is the
language regarding extension of the probationary period (see page 7). The.current
handbook authorizes the City Administrator to extend an employee's probationary period
for an additional six months. This language continues that policy, but adds that
employees who have their probationary period extended are not eligible for a step
increase on the pay plan until such time as they have successfully completed probation.
We have run into the situation where an employee's probationary period was extended,
but they simultaneously received their 1-year step increase, which sends contradictory
messages to an employee whose performance has been questionable.
The City's policy on promotions has also been revised in this draft handbook (see page
7). The current handbook states that current City employees are encouraged to better
themselves, but then goes on to outline a policy that has the City Administrator and
individual department heads determining on a case by case basis when positions will be
posted internally first versus when internal candidates will be required to apply as part of
the external process. The new policy attempts to establish a more uniform approach that
balances encouraging current employees to strive for higher-level jobs with the desire to
ensure that the City has the most qualified applicant pool possible. The new policy
essentially allows for internal only postings within an individual City department, but
requires current employees wishing to be considered for openings in another department
to apply as part of the external process.
Lastly, the appointments section includes the City's policy on employment of relatives
(see page 8). While the policy continues to prohibit employees from being the official
supervisor of a family member, additional language has been added that allows for a
family member to be temporarily assigned to a supervisory position over another family
member with the advance approval ofthe City Administrator. The.City currently has
some employees that are related by marriage, and this new language is intended to
provide those departments with increased flexibility in assigning temporary leads or
supervisors when necessary.
Chapter IV: Separation
This chapter has also been relocated within the handbook; however, it contains largely
the same language. Two changes should be noted, though. The first is to the City's
policy on Severance Pay of Unused Sick Leave (see page 9). The language contained in
this draft had previously been part ofthe City's Post-Employment Health Care Savings
Plan, into which a majority of City employees have their severance pay deposited.
Having it stated in the text of the Personnel Handbook appears to be more appropriate.
The one change to this language is that it no longer limits the escalating sick leave payout
to employees who have 15 years of service and are of retirement age. Instead it awards
the accelerated sick leave payout to any employee with at least 15 years of service to the
City, regardless of their age at the time they leave.
The second change of note to this chapter relates to Involuntary Separation Pay for Long-
Term Employees (see page 11). The previous policy made this benefit available only to
employees with 12 years of service or more, whereas, the language in the draft handbook
opens up the potential for receiving this benefit to employees with five years of service or
more. The new language establishes the benefit level as one week of pay for each year of
service, to a maximum of twelve weeks of pay, whereas the current policy simply states
"up to twelve weeks of pay."
Chapter V: Compensation and Job Classification Plan
This chapter is shorter than our current compensation and classification chapter, based on
the recommendation of our attorney that we establish the technical and administrative
details ofthe City's compensation and classification system in separate policies, rather
than as part of the employee handbook. The remaining language outlines pay periods,
pay days, and direct deposit requirements, as they currently exist in practice today. This
chapter also contains the City's policy on overtime and compensatory time and guidelines
for how employees working two or more jobs with the City will be compensated. Both
of these sections are unchanged from current policy.
Chapter VI: Benefits
This chapter outlines in general terms the employee benefits provided by the City,
without making any guarantees regarding the exact medical or dental insurance to be
provided, or what the City's contribution toward monthly insurance premiums will be.
The policies in this chapter are unchanged from current policy, with only modest wording
changes being made for the sake of clarification and consistency.
Chapter VII: Holidays
The proposed new handbook separates holidays and leaves into two chapters, rather than
combining them as they are in the current handbook. Otherwise there is no change to the
policy on holidays.
Chapter VIII: Leaves
This chapter outlines the various types ofleave available to City employees, including
vacation leave, sick leave, family and medical leave and several other less common
leaves that the City is required to provide under state or federal law . At this time, we are
recommending no changes to the amount of paid vacation or sick leave that employees
earn or the accrual limits placed on those leaves.
The one major change to this chapter relates to the use of unpaid leave (page 24 and 29).
Under the current handbook, the City allows employees needing to use Family and
Medical Leave (FMLA) to decide whether they want to simultaneously use any paid sick
or vacation leave they may have accrued, in order to receive a paycheck during their
FMLA leave. It also allows the City Administrator to authorize both "short" (up to 40
hours per year) and "regular" (up to 90 days) unpaid leaves. The new policy is less
lenient in allowing employees to take unpaid leave when they have paid leave available
to them. The City provides paid leave for a reason - so that employees can get away to
rest and recharge. The City does not provide paid leave so that employees can
accumulate large balances to be paid-out at the time of retirement or departure. These
large accrual balances are a financial liability for the City and we offer or provide several
other means of specifically saving for retirement. In the case of FMLA leaves, which can
last up to 12 weeks, the new policy does not require employees to completely exhaust
their paid leave balances, but rather allows them to request to go on unpaid leave when
their sick and vacation leave accruals have both reached 40 hours or less.
Chapter IV: Employee Conduct
This chapter covers a wide range of subjects and includes a lot of carry-over policies as
well as a few new ones.
> Dress Code (page 30). This is new language taken from several samples
collected from other cities; however, it does not reflect a significant change from
the City's current dress code policy.
> Employee Identification Cards (page 32). This is amended language that
corresponds with the new IDs that are being issued in conjunction with the move
to key card access systems, and to increased concerns about workplace security.
> Use of Tobacco Products (page 32). The current handbook allows for smoking in
City vehicles as long as no one riding in the vehicle objects. The new handbook
prohibits smoking in all City buildings and vehicles. It only allows smoking by
persons who come into the Police Department under extreme stress, such as
defendants and witnesses, and by employees on their break time, so long as they
are outside and out of the public view.
~ Outside Employment (page 34). This language has been amended to require
employees to notify their supervisor of any outside employment.
~ Soliciting (page 34). This is revised language that tightens up when and how
employees may solicit their co-workers.
~ Workplace Violence Policy (page 38). Lastly, at our request, our attorneys have
added a Workplace Violence Policy, based on similar policies they have
developed or reviewed for other cities.
Chapter V: Discipline and Grievance
This chapter outlines what constitutes just cause for discipline (see page 43) and the
progressive discipline steps commonly used by the City (see page 44). These are
unchanged from current policy. The only change of note to this chapter is that it tighten
ups the procedure for bringing forward a grievance by adding timelines (page 45).
DRAFT
PERSONNEL HANDBOOK
for
EMPLOYEES OF THE
CITY OF SHAKOPEE
March, 2007
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INTRODUCTION
The Mission of the City of Shakopee, as adopted by the City Council, is to "provide the
opportunity to live work and play in a community with a proud past, promising future and
small-town atmosphere within a metropolitan setting. The city strives to provide
customer-friendly, high-quality public services that are intended to meet the changing
needs of our residents and the community at-large."
As City employees, the bests interests of Shakopee's residents, businesses, .and visitors,
and respect for the democratic process must guide our work and be placed at the forefront
of everything we do. Working in the public sector is not always easy - it frequently
entails increased levels of public scrutiny, limited financial resources, and specific rules
and regulations not found elsewhere. However, it also provides the opportunity to work
on interesting and meaningful projects, and make a contribution to the betterment of the
community as a whole that is unavailable to many non-public service jobholders.
As a City employee, you are expected to conduct yourself, both on and off the job, in a
manner that demonstrates pride in your work and respect for the public trust that has been
placed in you. Employees are expected to work hard, be honest, assist fellow employees
and the public, apply common-sense and respect others.
In return, the City strives to provide a flexible, family-friendly workplace, competitive
pay and benefits, and opportunities to expand your knowledge and skills.
The operation of a city requires many people, working in a wide range of positions. The
knowledge, skills and hard-work of City employees is essential to our community's
continued prosperity. We value your contribution and your decision to work for the City
of Shakopee.
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I. PURPOSE AND GENERAL GUIDELINES.
A. Purpose. This Handbook is established to provide a uniform and equitable
system of personnel administration for employees of the City. This Handbook
does not constitute an employment contract for any city employee, but rather is
provided as a guideline and may be amended from time to time as necessary.
B. Equal Employment Policy. The City of Shakopee is an equal opportunity
employer. The City will not discriminate against nor harass any employee or
applicant for employment because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, disability, sexual
orientation, age, political affiliations, or because of the exercise of rights under
Minn, Stat. sections 179A.01 to 179A.25, unless such discrimination is based on a
bona fide occupational qualification.
C. Application and Conflicts. This Handbook shall apply to all regular employees,
as defined herein. In the event of conflict between this Handbook and any
collective bargaining agreement, personal services contract, civil service
commission rule, City ordinance, or state or federal law, the terms and conditions
of that contract, rule, or law shall prevail.
D. Employee Status. City employees may be disciplined and discharged only for
just cause as prescribed in this Handbook. Temporary and probationary
employees, as defined and described below, are employees at will and may be
discharged by the City Council at any time for any reason or for no reason at all.
E. Personnel Files. The City Administrator or the City Administrator's designee
shall maintain employee personnel files. Upon written request, the City shall
provide the employee with an opportunity to review the employee's personnel
record, as provided by Minn. Stat. Sec. 181.960 et seq. Unauthorized viewing,
removal, alteration, or destruction of all or any part of an employee's personnel
file is prohibited.
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II. DEFINITIONS.
For purposes of this Handbook, the following terms shall have the following definitions.
A. Employee - Means any individual who works for the City except the following:
1. Elected officials,
2. Members of City boards, commissions and committees,
3. Independent contractors, including the city attorney; and
4. Volunteers.
B. Benefits -- Includes, but is not limited to, medical, dental, life and long-term
disability insurance; post ernplbymenrhealth care saVings'accounts, paid vacation,
sick leave and holidays, and tuition assistance.
c. Benefits-Eligible Employee - Means any nOll-seasonal employee who is . .~ '
regularly scheduled to work 30 hours per week or more. Temporary and seasonal
employees are not eligible for benefits, regardless of the number of hours worked.
D. Exempt Employee - Means an employee who is exempt from the overtime
proVisions under the Federal Fair Labor Standards Act ("FLSA").
E. Full-Time Employee- Means an employee normally scheduled to work an
on-going regular workweek of at least forty (40) hours.
F. Probationary Employee - Means an employee who has not yet completed the
required probationary period.
G. Probationary Period -Means the first twelve (12) month period after an
employee is hired, promoted, transferred, re-employed, or reinstated to a position.
H. Non-Exempt Employee - Means an employee who is eligible for overtime
compensation under the FLSA.
I. Part-Time Employee - Means an employee who works less than forty hours per
week.
J. Temporary Employee - Means an employee who is appointed for a limited time,
normally not to exceed six months, for seasonal work, special projects, or during
heavy workload periods. Also referred to as a "Seasonal Employee." Temporary
and seasonal employees are covered by a separate personnel handbook and are not
subiect to this document.
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K. Intern - Means an individual who is enrolled at a high school, or who is enrolled
either full or part -time at a post-secondary school, who is appointed for an
indefinite period of time with the primary purpose of the appointment with the
City as being to gain experience in a particular field of study. Interns may be
either paid or unpaid and are not eligible for benefits.
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III. APPOINTMENTS
A. In General. The City will hire and promote employees in accordance with its
Hiring Policy. The City Council is the final authority regarding selection and
promotion of employees.
B. Applications. All applicants for a position with the City must complete an
application form. Any applicant giving false information or making false or
misleading statements on the application shall not be considered for the position
or will be subj ect to immediate discharge.
c. Pre-employment Background Check. In accordance with federal, state, and
local law , the City may conduct a pre-employment background check, including,
but not limited to, a criminal record check of candidates who have been made
written conditional offers of employment. This pre-employment background
check may include a credit check, depending on the job duties of the position
being filled.
D. Pre-employment Medical Exams. After a written conditional offer of
employment is made to either a non-promotional or promotional candidate, the
~ity may require the candidate totake and pass a pre-employment physical exam,
including a drug/alcohol test. - The physician will render an opinion regarding the
candidate's ability to perform the essential functions of the position, with or
without reasonable accommodation.
Other pre-employment screening, such as psychological testing, may be required
depending on the nature of the position. Examples of individuals required to
undergo pre-employment (or pre-promotional) psychological testing include those
applying for positions with the Police and Fire Departments, as well as those
being considered for upper level supervisory or management roles, such as
Department Heads.
E. - Awarding Accrued Leave at the Time of Hire. At the time of hire, the City
Council may grant a new employee a specified amount of accrued vacation and/or
sick leave, or authorize the accrual of vacation at a faster rate than outlined under
the City's vacation policy, if it deems it necessary to do so in order to attract the
most well qualified candidate.
F. Probationary Employees.
1. Probationary Period. All employees shall be required to successfully
complete a 12-month probationary period when they are first hired, promoted,
demoted, transferred, re-employed, or reinstated to a position. This intensive
review period shall be utilized for observing the employee's work, for securing the
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most effective adjustment ofthe employee to a position, and for rejecting an
employee whose performance does not meet the required work standards.
2. Extension. The probationary period may be extended for an additional six (6)
months at the City Administrator's discretion. Any employee who has his or her
probationary period extended, shall not be eligible for a wage step-increase until
such time as the probationary period has been successfully completed. In cases
where the probationary period is extended, the employee's anniversary date for
the purpose of future step increases shall be the date the probationary period is
successfully completed.
3. Discharge. The City Council may discharge an employee at any time during
the probationary period, with or without just cause. An employee so discharged
shall be notified in writing and shall not have the right to appeal, subject to the
rights of veterans.
4. Completion. Before the expiration of the probationary period, and following
the completion of a written performance evaluation, the appropriate department
head shall recommend to the City Council in writing whether or not the services
of a probationary employee have been satisfactory and recommend that the
employee be either retained or discharged.
G. Temporary Appointments. Whenever a position is vacant or the position holder
is absent for two-consecutive pay periods or more, the City Administrator may,
subject to City Council approval, designate an individual to temporarily fill the
vacant position as "Acting."
H. Promotions.
1. Abolition_of Current Position. The City Council may abolish a position and
promote an employee into a similar, more responsible, position in the same or
related department. In this instance, the procedures for filling a vacant position
need not be followed.
2. Internal Promotion. Department Heads may recommend to the .City "' - --.
Council that an opening within their Department be filled by internal promotion
of another individual currently employed in that department, without an external
posting of the position. Such promotional opportunities shall be publicly posted
within the Department for a minimum of three-days and all applicants meeting the
minimum qualifications shall be interviewed prior to a recommendation being
made to the City Council.
Current City employees wishing to be considered for openings in another City
department must submit an application as part of the external posting process.
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I. Employment of Relatives. No person shall be appointed, promoted, demoted or
transferred to a position where that person would be on a daily basis supervising,
or receiving supervision :from that -person's spouse, any person permanently
residing with the employee, a child, parent, sibling, grandparent, or grandchild of
either the employee or of the employee's spouse. Employees may be temporarily
placed in the position of supervising a relative, with the advance approval of the
City Administrator. Suchtemporary supervision shall be limited to providing
work direction, and shall not include the authority to recommend hiring,
promoting, terminating, disciplining or adjusting the compensation of a relative.
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IV. SEPARATION
A. Discharge. Subject to any applicable labor agreement, the City may discharge or
separate a temporary or probationary employee from employment at any time,
with or without just cause. All other employees may be discharged as set forth
below.
B. Resignation.
1. Procedure. Any City employee wishing to leave the City's service in
good standing shall file wJth the City Administrator~ at least fourteen (14)
days before leaving, a written resignation stating the effective date of the
resignation and the reasOn for leaving. Failure to comply with this
procedure may be cause for denying such employee future employment
with the City and denying severance benefits.
2. Unauthorized Absence. An unauthorized absence from work for a period
of three (3) consecutive working days may be considered a resignation,
and the employee shall not be entitled to severance benefits.
C. Retirement. No City employee shall be required to retire at any specific age.
D. For Disciplinary Reasons. Employees may be discharged for disciplinary
reasons as outlined in ChapterV.
E. Severance Pay of Unused Sick Leave. The City of Shakopee appreciates
employees, who through long-term service and dedication, contribute to making
the city a successful and positive service provider. In recognition thereof, the
City provides an escalating sick leave payout based on years of service. Any
benefits-eligible employee who is separated from hislher positionby retirement,
discharge, layoff or resignation shall receive a payout of their accrued sick leave
according to the following schedule:
Years of Continuous Percentage of Accrued
Service Completed Sick Leave Paid-Out
o - 4 years 0%
5 -14 years 45%
15 years 55%
16 years 57%
17 years 59%
18 years 61%
19 years 63%
20 years 65%
21 years 67%
22 years 69%
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23 years 71%
24 years 73%
25 years 75%
* Anniversary date of full-time employment or part-time benefit-eligible date is
used to compute years of service with Shakopee.
A percentage of this lump sum payment may be deposited into the employee's
Post Employment Health Care Savings Plan as described in Section IV(c) ofthis
Handbook.
Employees who are discharged for disciplinary reasons are not entitled to
severance pay. Employees who resign without giving two (2) weeks written
notice, except for reasons of ill health, may forfeit their rights to all accumulated
sick leave.
F. Compensatory Time. An employee who is separated for any reason shall be
paid for any accumulated compensatory time.
G. Vacation Time. An employee who is separated for any reason shall be paid for
any accumulated vacation leave.
H. Lay-offs.
1. Procedure. After at least two weeks notice.tothe employee, the City
Council may lay-off any employee serving in a position that is not
currently needed. No regular employee shall be laid off while there is a
probationary or temporary employee serving in the same position for
which the regular employee is qualified, eligible and available.
2. Benefits. Benefits and leaves shall not accrue while an employee is laid
off. Employees may elect to have any accrued vacation and compensatory
time paid out to them at the time of a layoff or may choose to retain any
balance until such time as they are either called back to work or officially
terminated. Laid off employees may also elect to continue medical, dental
and life insurance coverage by paying both the employer and employee
share of the monthly premium(s) in advance by the first of each month.
3. Return to Work. Ifthe City Council determines there is a need to
reinstate laid-off employees, the impacted employee(s) shall be notified in .
writing oftheir reinstatement. Laid-off employees are responsible for
keeping the City informed of the address and telephone number where the
employee can be contacted. Ifthe City is unable to contact the employee
within seven calendar days, the City's obligation to reinstate the employee
shall cease and the employee shall be separated from City employment by
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the City Council. The employee shall be entitled to applicable severance
benefits.
4. Termination of Position. If the position is not filled again within one
year, the position shall be eliminated and the employee terminated. The
employee shall be entitled to applicable severance benefits.
1. Involuntary Separation Pay for Long Term Employees.
1. Eligibility. A full-time, non-union employee who has been employed by
the City for five or more years, and whose position has been eliminated
resulting in an involuntary separation may be eligible for additional
involuntary separation pay from the City. An employee who is discharged
for cause or allowed to resign in lieu of discharge; whose position is
funded by State or Federal grants for a specified period oftime and this
time period has expired; or who resigns voluntarily or is unable to perform
his Or her job due to a disability is not eligible for involuntary separation
pay.
2. Benefits. Eligible employees will receive the following benefits, in
addition to the benefits covered elsewhere in this Handbook.
a. One week of pay at their current pay rate for each year of
service, to a maximum of twelve weeks of pay.
b. Outplacement assistance up to a maximum of $2,000 per
employee. The amount of assistance shall be determined by the
City Council, upon recommendation of the City Administrator,
and shall take into consideration the type of position affected and
market factors that may affect re-employment. The assistance
shall be made in the form of reimbursement, and shall be made
after the receipt of written documentation for eligible expenses.
Employees must sign a separation agreement at the time of
separation, request reimbursement within 6 months of separation""'''''''.' ..;. .... _0.. .. ~..
from employment, and utilize their outplacement assistance
within 12 months (unless an extension is approved by the City
CounciL).
3. Procedure. The involuntary separation pay will be based on the
employee's current rate at the time of separation. It will be paid in a lump
sum two weeks after the employee's last paycheck. Employees will be
notified in writing of applicable dates and severance benefits.
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v. COMPENSATION AND JOB CLASSIFICATION PLAN
A. Introduction. It is the responsibility of the City to develop and maintain a
Compensation Plan and a Job Classification Plan in accordance with state and
federal laws for all applicable positions within the City, subject to review and
approval by the City Council. The City maintains these Plans as policies separate
from this Handbook. Employees may review the Plans upon request to the City
Administrator.
The Compensation Plan provides that employees will be assigned an appropriate
pay range, which corresponds to their job classification. Pay ranges carry
minimum and maximum rates of pay. An employee shall not be paid less than the
minimum rate nor more than the maximum rate for his or her assigned job
description, except in certain circumstances as referenced in City policy.
The Job Classification Plan will classify positions using a point factor rating
process and an appropriate range will be assigned. The process and the factors
utilized are intended to provide a systematic methodology for evaluating all
positions within the City.
Increases in pay shall generally be considered on annual basis to successive
established steps in the assigned classification in accordance with the City's
Compensation Plan.
B. Paydays. Employees normally shall be paid bi-weekly. When a payday falls on
a holiday, employees shall receive their pay the preceding workday.
C. Direct Deposit. As permitted by Minn. Stat. ~ 471.426, direct deposit of payroll
is required for all employees.
D. Pay Periods. The pay period for all employees, except paid-on-call firefighters,
shall be a fourteen (14) day period beginning on Monday at 12:01 a.m. and
continuing to the second following Sunday at 12:00 a.m. (midnight). Paid-on-
call firefighters shall be paid on a monthly basis. All hours worked shall be
credited to the day and pay period when the shift began.
E. Overtime and Compensatory Time.
t. Non-Exempt Employees. Non-exempt employees shall be compensated for
work their supervisor requires them to undertake in excess of 40 hours per
work week. The work week begins on Monday at 12:01 a.m. and continues
through Sunday at 12:00 midnight. Hours taken as sick leave, vacation leave,
or holiday are considered hours worked, except as noted in Section F. The
compensation shall be in cash or compensatory time at one and one-half times
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the regular rate of pay. The employee may choose whether to receive the cash
or compensatory time.
An employee's department head may require the employee to take
compensatory time off within a specified time frame. A maximum of 40
hours of compensatory time off may be accumulated, and any additional
overtime shall be paid in cash. The City Administrator may authorize
accumulating compensatory time beyond the 40-hour maximum, but may
require that the employee take time off within a limited time period to reduce
the balance of compensatory time off to the 40-hour maximum.
2. Part-Time Employees. Part-time employees are ineligible for compensatory
time, however they will be paid at the rate of one and one half times their base
wage for any hours worked in excess of 40 hours in a sin~le week.
F. Employees Holding Two or More City Jobs
1. Non-exempt e1l1pl6Yeesnolding twoormorejobs with the City who exceed
40 hours per work week shall be paid at a rate of one and one-half times the
regular rate of pay for the job performed during the overtime hours. Hours
worked at the employee's secondary position (i.e. as a substitute custodian or
paid-on-call firefighter, for example) . shall be considered the overtime hours
regardless of the point within the week when they occur. Hours taken as paid
leave shall not count toward the calculation of hours worked.
2. Paid-On Call Firefighters. A regular employee who is also a paid on-call
firefighter who is called away from his or her regular job during the normal
work day will continue to be paid the employee's regular rate of pay for the
regular job. The employee may not claim additional compensation for the
time spent on the fire call, unless such time exceeds the employee's normal
workday. All benefits and leaves shall continue to accrue without regard to
time spent on fire calls.
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VI. BENEFITS.
A. Eligibility. All full-time employees and those part-time employees authorized to
work at least 30 hours per week are eligible for and may receive certain benefits
as set forth in this section. The employment benefits outlined in this section are
offered at the City's sole discretion, as determined annually by the City Council.
The outline of these benefits should not be construed as a claim of entitlement to
the benefits and the benefits may be changed from time to time, at the discretion
of the City Council.
B. Insurance. The City will provide medical, dental, life and long-term disability
insurance to all eligible employees on the first of the month following thirty (30)
days of continuous service.
1. - Medical Insurance. Employees who are eligible for medical insurance may
select individual, two-party, or family coverage. Employees who are covered
under a spouse's group plan or have coverage with another carrier may waive
coverage subject to completion of the City's Group Waiver of Coverage
Form.
The City shall make a specified contribution per month toward the cost of the
City's medical insurance plan, and this contribution may differ depending on
the type of coverage selected. Benefits-eligible part-time employees shall
receive this contribution on a pro-rated basis. The difference between the
actual cost of the selected coverage and the City's contribution shall be
deducted from the employee's paycheck.
The City may choose to segregate retired employees who are 65 or older from
other employees for pooling purposes in determining the premium for
insurance as allowed by state law.
2. Dental Insurance. Employees who are eligible for dental insurance may
select individual, two-party or family coverage. Employees who are covered
under a spouse's group plan or have coverage with another carrier may waive
coverage subject to completion ofthe City's Group Waiver of Coverage
Form.
The City's contribution towards dental insurance shall be the cost of single
coverage. Benefits-eligible part-time employees shall receive this contribution
on a pro-rated basis. Benefits-eligible part-time employees and employees
selecting two-party or family dental coverage shall have the difference
between the actual cost of the selected coverage and the City's contribution
deducted from their paycheck.
14
3. Life and Long-Term Disability Insurance. Employees who are eligible for
life insurance and long-term disability Insurance may not waive this
insurance. The City will fully fund the cost oflong-term disability insurance
and $25,000 in life insurance. Benefits-eligible employees may elect to
purchase additional life insurance at their own cost, subject to the terms and
conditions of the City's insurance carrier.
4. Continuation of Coverage. Employees and/or their dependents may elect to
continue life, medical and dental insurance coverage beyond the date that it
would otherwise terminate as provided by federal and/or state law.
C. Deferred Compensation. The City offers select deferred compensation plans,
which allow employees to have a specified pre-tax dollar amount withheld from
their paycheck and invested for payment at a later date, usually at retirement or
termination of employment. Contributions to these plans are financed solely by
the employee, through payroll deduction. Participation in the United States
Conference of Mayors (USCM) Deferred Compensation plan is mandatory for
paid-on-call firefighters, as required by the Omnibus Budget Reconciliation Act
(OBRA).
D. Retirement Benefits. Under state law, eligible City employees must participate
in the Public Employee's Retirement Association (PERA). Retirement benefits
accrue from both employee and employer contributions. Statutorily-defined
contributions to the retirement system are mandatory and are deducted from the
employee's pay each payroll period.
E. Phased Retirement
Individuals who have been employed by the City of Shakopee for 5 years or more
and who are age 55 Or older may be offered a phased retirement benefit, upon the
recommendation of the City Administrator and approval of the City Council. The
purpose of phased retirement is to allow long-term employees to work reduced
hours while maintaining their benefits and assisting in the training of a new
employee in their specialized skills and knowledge. In order to be eligible, the
employee must hold a specialized position that will require significant training of
a new or promoted employee, Employees offered and accepting a phased
retirement benefit shall work at least an average of 20 hours per week, but shall
receive full insurance benefits, at the level they enjoyed prior to phased
retirement, as well as pro-rated vacation, holiday and sick leave for a period not to
exceed 6 months.
F. Post Employment Health Plans. The City participates in the Post Employment
Health Savings Plan administered by the Minnesota State Retirement System by
contributing an equal dollar amount, as determined by the City Council annually,
for all benefits-eligible employees. This money shall be deposited in employees'
accounts in accordance with the terms and conditions of the plan. Additionally,
all benefits-eligible employees shall contribute a percentage of their wages to the
15
plan through payroll deductions, according to the contribution schedule in
Appendix X or the relevant section of their union contract.
G. Continuing EducationlTuition Reimbursement.
1. Eligibility. All full-time employees and benefits-eligible part-time employees
may apply for continuing education benefits under this section.
2. Employee Tuition Policy. The City may reimburse an employee for tuition
expenses and course fees under certain circumstances. There shall be no
reimbursement for mileage/parking expense. Required books, student activity
fees, and material costs will not be reimbursed. Tuition reimbursement is
available for a course occurring in non-continuous classes over a period of
time.
3. Pre-Approval. Prior to starting a class or classes, the employee must obtain
approval from the employee's department head and the City Administrator that the
class, certificate, degree or overall achievement is job related and that the request
is worthy and would fill a need withinthe City orDepartment. The department
head should verify that the department budget could cover this expense. Approval
of enrollment in a multiple-year course of study is no guarantee that funding will
be available in subsequent years.
4. Satisfactory Completion. The employee shall provide the department head with
proofof satisfactory completion (i.e., a grade of C or above in technical school or
undergraduate college; a grade ofB or above in graduate school) of any course
requested for reimbursement, prior to reimbursement.
5. Time Off. If classes are during the regular workday, a non-exempt employee
must take that time as compensatory time, vacation time, or leave of absence
without pay, or the employee can seek a flexible scheduling arrangement
approved by the department head. Police officers also have the option of utilizing
holiday time in cases where classes require time away from work. Classes or
course work taken by the employee must not disrupt or interfere with normal
departmental operations.
6. Continued Employment. The employee must remain with the City of Shakopee
for two years following completion of the course, or reimburse the City for the
expense.
7. Funding Procedure. The City may reimburse an employee 100 percent for the
first $1,000 of the cost of tuition per calendar year. After that, the reimbursement
may be 50 percent. Total reimbursement may not exceed $3,000 per person per
calendar year. The scope, terms and conditions of this reimbursement shall be
defined and interpreted by the City Administrator. Employees must submit valid
16
receipts in order to be eligible for reimbursement. Reimbursement is limited
based on availability of budgeted funds.
H. Conferences and Seminars.
..
1. In General. The City may pay for conferences and seminars that the employee's
supervisor determines will contribute to the better performance of the employee's
job and the City's business. A conference or seminar is a course that occurs in one
continuous block of time. To qualify for payment, the employee must secure the
prior approval of their supervisor who sho~ld verify that the expenditure is within
the departmental budget.
Appropriate receipts must be kept, and all other travel expenses must be
documented. Sufficient money must be available and budgeted in the
departmental line item for travel and subsistence.
2. Criteria. Employees mustIIieetthe following criteria:
a. To be eligible to attend a national conference, an-employee must have
been employed as a full-time employee by the City of Shakopee for one
year, unless approved by the City Administrator. Part-time employees and
those.employed less than one year are encouraged to attend state or local
conferences.
b. The employee's supervisor shall make a recommendation that there will
be a benefit to the City for the attendance by the employee at the
conference;
c. While attending a national or out-of-state conference, employees are
presumed to work eight-hour work days and are ineligible for overtime
compensation.
d. Holidays which occur during the scheduled conference shall be charged
against holiday leave. Use of sick leave is not permitted.
3. Meals. Employees shall be reimbursed for the actual cost of meals, excluding
alcoholic beverages, up to the specified per diem amounts established by the U.S.
General Services Administration for the destination city.
a. Exclusions - Meal reimbursement shall not be made under the following
circumstances:
~ When it would result in the City paying twice for the same meal.
~ Solely because the employee was working at a worksite different from
the normal worksite does not ensure City reimbursement for the meal.
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b. Reimbursement - A properly verified, itemized meal expense claim shall
be submitted to the employee's supervisor for approval within 30 days of
its occurrence. Reimbursement for meals shall be for actual costs when
documented by receipts. Meals not submitted for reimbursement in the
prescribed manner will be the responsibility of the employee personally.
c. Supervisor/Employee Responsibility - Department heads shall make
expenditure projections in annual departmental budgets and shall provide
explanations of such projections as required in the budget review process,
It is the responsibility of supervisors to carefully review meal
reimbursement documentation before authorizing payment. The City
Administrator is responsible for making meal reimbursement decisions
when it involves exceptiolls, discrepancies, or interpretations of this
policy. Employees are responsible for obtaining prior approval,
attempting to schedule all meetings outside of meal times, and to minimize
costs whenever possible.
4. Travel and Lodging. Travel and parking expenses associated with attending
a conference or seminar will be paid or reimbursed by the City. The City will
pay for coach airfare when it is estimated that flying is less cost than driving.
This comparison shall include the employee's travel time. For employees
attending an extended training (defined as 30 days or more), the City may
fund additional airfare costs, with approval from the City Administrator.
The City will pay the single room rate for overnight stays at conferences. If
there is not a designated hotel for the conference, the employee should use
reasonable judgment in selecting lodging based on cost, location and quality.
Employees should seek a government discount.
5. Excluded Expenditures. The City will not pay for alcoholic beverages,
entertainment, personal telephone calls, and other personal items not
specifically designed to benefit the City. However, the City Administrator
may authorize limited personal telephone calls for absences longer than two
weeks. The City will not pay for lodging in the seven-county Twin Cities
metro area.
I. Membership Fees.
Upon approval of the department head, the City will pay for membership in
professional organizations where membership is required by law or is deemed
beneficial to the City.
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VII. HOLIDAYS
A. Eligibility.
Non-union, benefits-eligible employees are entitled to time off with pay on the
holidays listed in section C, unless required by their supervisor to work due to the
nature of their duties or other exceptional conditions or circumstances. Benefits-
eligible part-time employees shall receive pro-rated holiday pay. Employees on
unpaid leave at the time of a holiday will not receive pay for the holiday.
Benefits-eligible employees subject to a union contract shall receive paid holidays
as outlined in the current contract.
B. Pay for Holidays Worked.
Non-exempt, benefits-eligible employees required to work on a holiday listed in
section C shall be paid at the rate of one and one-hal{iimes the employee's base
pay for the hours worked, plus the employee's regular rate of pay for the holiday.
Employees are considered to have worked a holiday only when their shift begins
on a holiday, in which case the entire shift shall be paid as a holiday. Exempt
employees required by their supervisor to work on a city-observed holiday shall
be entitled to observe their holiday ona different day, as approved by the
supervisor.
Part-time, temporary and seasonal employees who are not benefits-eligible but
who are required to work on a holiday listed in section C shall be paid at the rate
of one and one-halftimes their regular rate of pay for the hours worked. In the
caseofCity departments or functions that operate ~eyen days per week, holiday.
pay shall be paid for the actual holiday, rather than the observed holiday as
defined below.
C. Designated Holidays.
City offices shall be closed for business on each holiday listed below, but
employees may be required by their supervisor to work on holidays when the
nature of their duties or other conditions require.
When a holiday falls on a Saturday, the preceding Friday is a holiday. When a
holiday falls on a Sunday, the following Monday is a holiday. The Christmas Eve
one-half day holiday shall be observed the workday preceding the day Christmas
is officially observed. If a holiday occurs during an employee's scheduled
vacation, it shall not be counted as part of said vacation. The following days are
designated holidays:
Holidav Celebrated Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
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Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving the Friday after the 4th Thurs. in Nov.
Christmas Eve 'l2 day (4 hrs. ) Dec. 24th
. Christmas Day December 25th
D. Floating Holiday.
Benefits-eligible employees, including those on probation, are awarded one
Floating Holiday per year, to be taken on a day of their choice, . with prior
approval oftheemployee'ssupervisor. Benefits-eligible part-time employees
shall receive a pro-rated floating holiday. The floating holiday must be taken by
the close of each payroll year. An unused floating holiday shall be forfeited and
may not be carried over to the next payroll year nor paid as severance. The
floating holiday shall be taken in its entirety on a single day. A floating holiday
may only be combined with hours worked on a given day in the case of: 1) part-
time employees, or2) employees called in by their supervisor for unscheduled
work (such as snow-plowing).
.- ;;.~;.
~.
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VIII. LEAVES
A. Vacation Leave.
1. Amount. All full-time and benefits-eligible part-time employees shall accrue
vacation leave on a bi-weekly basis. For full-time, non-exempt employees,
vacation time shall accrue in accordance with the following schedule:
o - 5 years employment 80 hours annually
6 - 15 years employment 120 hours annually
16 - 20 years employment. 160 hours annually
21 + years employment 160 hours plus 8 hours for each year worked
over 20, to a maximum of 200 hours
Benefits-eligible part-time employees shall accrue vacation leave on a pro-
rated basis.
2. Measurement. Each twelve months of continuous employment with the City
of Shakopee shall count as one year of employment for the purpose of
vacation leave.
3. Accumulation. Vacation leave provides time away from the job for rest and
recharging. It is in the best interest of the employee and the City that
employees use this benefit periodically.
Employees who have 0 to 15 years of employment with the City may
accumulate no more than 240 hours of vacation leave. Employees who have
16 or more years of employment with the City may accumulate no more than
360 hours of vacation leave. Under extraordinary circumstances, the City
Administrator may approve the temporary accumulation of hours above the
applicable cap.
4. When Taken. Vacation leave may be used no sooner than the next pay period
after earned, subject to approval by the department head.
5. Exempt Employees. Exempt employees shall accrue vacation leave on a bi-
weekly basis like all other employees. However, exempt employees shall
accrue vacation in accordance with the following schedule:
o - 5 years employment 120 hours annually
6 - 15 years employment 160 hours annually
16 - 20 years employment 200 hours annually
21 + years employment 200 hours plus 8 hours for each year
worked over 20, to a maximum of
240 hours
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B. Sick Leave.
1. Accrual. Full-time, benefits-eligible employees shall accrue paid sick leave
at the rate of 3.69 hours on a bi-weekly basis. Benefits-eligible part-time
employees shall accrue sick leave on a pro-rated basis. An employee may
accumulate no more than 960 hours of sick leave.
2. Use of Sick Leave.
a. For the employee. An employee may use sick leave when the
employee is unable to perform work duties due to illness, disability,
the necessity for medical, dental or chiropractic care, childbirth or
pregnancy disability, or exposure to contagious disease where such
exposure may endanger the health of others with whom the employee
would come in contact in the course of performing work duties.
Illness or injury occurring while an employee is on vacation shall not
be charged to sick leave, but shall remain as vacation.
b. For a child or spouse. An employee may use sick leave to care for an
ill child under the age of 18 (or who is incapable of self-care because
of a physical or mental disability) or spouse when the employee's
attendance with the child or spouse may be necessary.
c. For other relatives. . An employee may use a maximum of three
consecutive work days to provide care for an adult child, sibling,
parent, father-in-law, mother-in-law, son-in-law, daughter-in-law,
grandparent, grandchild, or any other relative residing permanently
with and dependent upon the employee, who is experiencing a serious
illness.
d. Abuse of Sick Leave. In cases where an employee is found to have
taken sick leave absent one of the eligible uses listed above, the
employee's time away from work will be charged against their
vacation time and the employee shall be subject to discipline.
3. Proof. To be eligible for sick leave with pay, an employee shall: (a) report as
soon as possible (and in any event within one hour ofthe start ofthe
employee's shift or workday) to the employee's supervisor the reason for the
absence for each day of absence; and (b) keep their supervisor informed of the
sick person's condition, and submit a medical certificate or other evidence
from a physician for any absence if required by the City Administrator.
c. Bereavement Leave. Sick leave may be granted for a maximum of three
consecutive work days as bereavement leave for the death of the employee's
spouse, for the death of a child, step-child, parent, step-parent, sibling,
22
grandparent, or grandchild of the employee or of the employee's spouse, or for
any other relative residing permanently with and dependent upon the employee.
D. Family & Medical Leave.
1. Purpose. The Family Medical Leave Act (FMLA) is intended to balance
the demands of the workplace with the needs of families, to promote the
stability and economic security of families, and to promote national
interests in preserving family integrity. It is intended to benefit employees .
as well as employers by providing up to twelve (12) weeks of unpaid, job-
protected leave for the birth of a child, adoption, foster care and certain
family and medical reasons.
2. Eligible Emplo.yees. Eligible employees are those who have:
a. Been employed by the City of Shakopee for at least one year;
and
b. Worked a minimum of 1250 hours within the previous twelve
(12) month period.
3. Circumstances Covered by Family Leave. Eligible elllployees will be
placed on FMLA leave when requesting time away from work for any of
the following reasons:
a. To care for the employee's child (birth or placement for adoption
or foster care with the employee);
b. To care for the employee's spouse, son or daughter, or parent,
who has a serious health condition; or
c. For a serious health condition that makes an employee unable to
perform his or her job duties.
4. Serious Health Condition. A serious health condition is defined as any
illness, injury, impairment or physical or mental condition that requires:
a. Inpatient care in a hospital, hospice or residential medical care
facility; or
b. Prenatal care; or
c. Any period of incapacity requiring absence from work, school or
other regular activities, of more than three consecutive calendar
days, that also involves continuing treatment by, or under the
supervision of, a health care provider; or
d. Continuing treatment by, or under the supervision of, a health
care provider for a chronic or long-term condition that is
incurable or so serious that, if not treated, would likely result in a
period ofincapacity of more than three calendar days.
5. Length of Leave. FMLA leave shall be taken simultaneously with the
Minnesota Parenting Leave, as described in paragraph (F) of this section.
23
The length ofFMLA 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 the child. .
6. Leave Year. The leave year will begin the first day the employee is
absent from work on FMLA leave.
7. Notice. An employee must give the City at least 30 days advance notice if
the leave is foreseeable. If leave is not foreseeable, the employee should
give as much notice as is practicable.
8. Medical Certification. Upon their supervisor's request, an employee
must provide a medical certification for their own serious health condition
or that of a child, spouse, or parent of the employee. A "Certificate of
Physician or Practitioner" form can be obtained from the City's HR
Technician. It is to be completed by the attending physician or
. practitioner.
9. Use of Accrued Sick Leave, V;acatlonLeave&Compensatory Time.
During FMLA leave, an employee must use any sick leave, vacation leave
and compensatory time which they have accrued. Police officers also
have the option of utilizing available holiday leave. However, an
employee may request to go on unpaid leave once they reach a balance of
40 hours or less of sick leave and 40 hours or less of vacation leave. All
accrued compensatory time must be used prior to requesting unpaid leave.
The use of sick leave, vacation leave and compensatory time occurs
simultaneously with FMLA leave and cannot be used to extend or
substitute forFMLA leave.
Use of approved FMLA leave will not constitute a break in service for
purposes of computing years of service.
10. Both Spouses Employed by the City. When both spouses are employees
ofthe City, each spouse may take up to 12 weeks ofFMLA leave per
leave year. The leave may run simultaneously.
11. Insurance ContiIiuation. DuringFMLA leave, the City shall maintain
coverage for the employee under the City's group health plan for not more
than a total of 12 weeks. These benefits will be maintained under the
same conditions, and at the same level of City contribution, as before the
employee goes on leave. If there are changes to the City's contribution
levels and/or premium rates while the employee is on leave, those changes
will take place as if the employee were still on the job. The employee will
be required to continue payment of the employee portion of the health care
24
and/or other insurance coverage they choose to continue. During such
time as FMLA leave is paid, the City of Shakopee will continue to collect
the employee's share of the premium through payroll deductions.
The employee may choose not to retain health care or other insurance
coverage during FMLA leave. When the employee returns from leave, he
or she will be reinstated on the same terms as prior to taking leave,
without any qualifying period, physical examination, exclusion of
preexisting conditions or other requirement.
12. Premium Reimbursement. The employee will be required to reimburse
the City for any premiums paid during FMLA leave if the employee does
not return to work for a minimum of 30 calendar days, unless the
employee cannot return to work due to the continuatioIl of a serious health
condition of the child, spouse, parent or employee, or due to other
circumstances beyond the control of the employee but related to the
FMLA leave.
13. Leave Accrual. The employee will not accrue vacation and sick leave
while on unpaid FMLA leave. Employees using a combination of paid
and unpaid leave, or intermittent unpaid leave, will accrue vacation and
sick leave on a pro-rated basis. Employees using paid leave will continue
to accrue vacation and sick leave.
14. Key Employees / Return to Work. A key employee is defined as an
employee who is in the highest paid 10% of all employees. A key
employee may be denied reinstatement to the same or an equivalent
position after FMLA leave if the denial is necessary to prevent substantial
economic injury to the City's operations.
15. Intermittent Leave. FMLA leave may be taken intermittently or on a
reduced schedule if medically necessary. If not medically necessary, the
department head and City Administrator's approval is required. The City
may require the employee to transfer to an alternative position oflike
status and pay while on intermittent leave. If leave is taken intermittently,
it will not affect the status of an exempt employee under the Fair Labor
Standards Act. All requests for intermittent leave will be evaluated on a
case-by-case basis.
16. Return to Work. An employee returning to work from FMLA leave is
entitled to the same position he or she held when the leave began, or to an
equivalent position, with equivalent benefits, pay and other terms and
conditions of employment.
25
The employee will be required to submit a fitness for duty or return-to-
work report, signed by the treating doctor, prior to returning to work if
FMLA leave was for the employee's own serious health condition.
17. Affect on the Unpaid Leave of Absence Policy. This policy is not
intended to conflict with the City's Unpaid Leave of Absence policy. That
policy will continue to apply in situations that are not addressed by the
FMLA.
.18. Governed byLaw. ThisFMLA leave policy is intended to be a general
summary of the law.FMLA leave is governed by federal or state
regulations. Those regulations shall control if they conflict with this
policy.
E. Bone Marrow Donor Leave. As prescribed by Minn. Stat. Sec. 181.945, certain
employees are eligible to take a paid leave of up to 40 hours to undergo medical
procedures to donate bone marrow.
F. Parenting Leave. As prescribed by Minn. Stat. Sec. 181.940 - 181.944 certain
employees are entitled to up to six (6) weeks of unpaid parenting leave upon the
birth or a4?ptio~9f a child.
a. Eligible Employees. Eligible employees are those who have
been employed by the City of Shakopee for at least one year and
worked an average of 20 hours or more per week.
b. Notice. Employees must give the City at least 30 days advance
notice if the leave is foreseeable. If the leave is not foreseeable,
the employee must give as much notice as is practicable.
c. State of Leave. The leave begins at the time requested by the
employee and may not begin more than six weeks after the birth
or adoption. In the case where the child must remain in the
hospital longer than the mother, the leave may not begin more
than six weeks after the child leaves the hospital.
d. Length of Leave. The length of leave is determined by the
employee, but may not exceed six (6) weeks. Ifthe employee
has any FMLA Leave eligibility remaining at the time this
commences, this leave will also count toward FMLA Leave. The
two leaves will run concurrently until the 12-week FMLA
eligibility is exhausted.
e. Use of Accrued Sick Leave, Vacation Leave &/or
Compensatory Time. While on parenting leave, an employee
must use any vacation leave and compensatory time which they
26
have accrued. However, an employee may request to go on
unpaid leave once they reach a balance of 40 hours or less of
vacation leave. All accrued compensatory time must be used
prior to requesting unpaid leave.
The use of accrued vacation or compensatory time occurs
simultaneously with the parenting leave and does not extend the
length of the parenting leave.
f. Insurance Continuation.. Employees utilizing sick, vacation or
compensatory time while on parenting leave will have their
benefits maintained under the saine conditions and at the same
level of City contribution as before the employee goes on leave.
Employees utilizing unpaid parenting leave may choose to
continue coverage under the City's group health plan at their
own expense.
g. Status of Benefits. An employee will not accrue sick and
vacation leave while on unpaid patenting leave. An employee
using a combination of paid and unpaid leave will accrue sick
and vacation leave on a pro-rated basis. An employee using paid
leave will continue to accrue sick and vacation leave.
h. Return to Work. An employee returning from parenting leave
will be reinstated to the.same position or an equivalent position
of comparable duties, number of hours and pay.
1. Impact on Family Medical Leave Act (FMLA). In most cases
the Family Medical Leave Act (FMLA) policy will be applied to
employees at the time of a birth or adoption because the
provisions of FMLA are more beneficial to the employee.
However, employees working between 20-24 hours per week are
not eligible for FMLA but are eligible for parenting leave. In
addition, an employee who has used the twelve (12) week
allotment under FMLA for a serious health condition remains
entitled to parenting leave for the birth or adoption of a child.
G. School Conference and Activities. Leave. As prescribed by Minn. Stat. Sec.
181.9412, an employee will be granted limited unpaid leave upon request for a
child's school conferences or classroom activities, if the conference or classroom
activities cannot be scheduled during non-work hours.
H. Voting Leave. Employees are eligible for voting leave as provided in state law.
Those employees required to work an 8-hour shift on Election Day have the right
be absent from work to vote during the morning of Election Day, with pay. No
employee may be absent from work for more than one hour to vote without prior
27
approval of the employee's department head. Each employee shall notify the
department head prior to being absent.
I. Jury or Witness Duty. When an ei:nployee performs jury duty or is subpoenaed
as a witness in court or voluntarily serves as a witness in any case in which the
City is a party, the employee is entitled to compensation from the City equal to
the difference between the employee's regular pay and the amount received as a
juror or witness. An employee who receives notice of jury duty or witness service
shall notifY the employee's supervisor immediately and provide a copy ofthe
notice in order that arrangelllents maybe made to cover the employee's position.
J. Military Leave.
1. Paid Leave. Pursuant to Minnesota Statues Section 192.26, employees
who are members of the National Guard, or any other branch of the state
militia or the officers' reserve corps, the enlisted reserve corps, the Naval
Reserve, the Marine Corps reserve or any other reserve branch of the
military or naval forces of the United States are entitled to a paid leave of
absence of up to fifteen (15) days in any calendar year for training or
active service authorized by the proper authority. The employee shall not
lose pay, seniority, vacation level, sick leave or any other benefits during
the leave of absence. The leave will not be allowed if the employee does
not return to work immediately upon being relieved from service, unless
the employee is prevented :from returning by physical or mental disability
or other cause not the employee's fault or is required by the proper
authority to continue in service beyond the IS-day leave period.
2. Unpaid Leave. Pursuant to 192.261 and U.S.C. Title 38, Sec. 2021, an
employee who engages in active service in any of the military or navel
forces of the state or the United States for which leave is not otherwise
allowed by law is entitled to an unpaid leave of absence, with rights of
reinstatement as provided by state and federal law. Such rights include,
but are not limited to, the right to return to the same job or to a position
with like seniority, status and pay if such a position is available at the
same pay which the employee would have received ifthe leave had not
been taken. Reinstatement is subject to the following conditions: 1) the
position has not been abolished or its term has not expired; 2) the
employee is not physically or mentally disabled from performing the
duties of the position; 3) the employee applies for reinstatement within 90
days after termination of military service or within 90 days after discharge
:from hospitalization or medical treatment resulting :from military service,
provided that such application is within one year and 90 days after
termination of military service; 4) the employee submits an honorable
discharge or other form of certification that the employee's military
service was satisfactory.
28
3. Differential Pay. The City of Shako pee values the sacrifices made by
employees who volunteer to serve their country through the National
Guard and U.S. Armed Forces Reserves. The City aims to support such
employees when they are called to active duty, and have them return
safely and resume their civilian role with the City. In an effort to balance
this desire with the realities of the City budget, the City offers employees
the following opportunity in addition to the protections and benefits
guaranteed by state and federal law. Full-time employees called to active
military duty in the National Guard or U.S. Armed Forces Reserves for a
period exceeding 30 days may request differential pay and/or continuation
of benefits, if their expected military pay is less than their City pay.
Requests must be made prior to the employee's departure and will be
considered by the City Council on a case by case basis.
"_',. ....,..~,._. r
4. Rights of Others. An employee promoted or hired to fill a vacancy
created by a person being on military leave may be appointed to the
position subject to the return of the employee on military leave. Upon
return of the employee on military leave, a promoted employee may be
restored to the employee's original position or an equivalent position. A
replacement employee may be subject to layoff if no other position is
available.
K. Unpaid Leaves of Absence.
1. Short Leave. The City Administrator may grant an employee who has
exhausted their paid vacation time and compensatory time, a leave of
absence without pay for up to 40 hours per calendar year, upon the written
recommendation of the department head. Use of short-term leave shall be in
increments of time of not less than four (4) hours in duration; and requests
for said use shall be submitted in advance, in writing. While on short leave
of absence, the employee shall be treated in all respects as if the employee
were working; including receiving benefits, except the employee shall forego
the employee's salary.
2. Regular Unpaid Leave of Absence. Upon written request, the City
Administrator may grant an unpaid leave of absence for a period not to
exceed 90 days to an employee who has exhausted their paid vacation and
compensatory time. Under no circumstances may an employee use a leave
of absence to work for another employer or to pursue self-employment. The
employee must request a leave of absence in writing and forward it to their
immediate supervisor, who will then direct the request to the department
head or the City Administrator with the supervisors/department head's
recommendation. An unpaid leave of absence requires the advance written
approval of the City Administrator. The City Council may extend such leave
to a maximum period of one year if the employee is disabled or where the
City Council finds extraordinary circumstances warrant such extension.
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Benefits including vacation leave, sick leave, holidays or other forms of
indirect compensation will not accrue during an unpaid leave of absence.
The employee may continue to be covered by group medical, dental and life
insurance, but will be responsible for paying one hundred percent (100%) of
the premium costs.
L. Absence Without Leave. An employee who is absent and fails to report the
reason to the employee's supervisor within one hour following the start of the
employee's workday may be subject to discipline, which may include deduction
of pay for the period of absence.
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IV. EMPLOYEE CONDUCT
A. Teamwork. Each employee is part of a team, working together to provide
excellent service to the residents of Shakopee. Each employee is expected to
strive to do his or her best to assist in this team effort, by doing the employee's job
economically and efficiently, with consideration toward the public. Employees
are expected to work well with others. Employees also are expected to assist
others, in their own and other departments, when requested and their work load .
permits, so that the work of the City gets done.
B. Courtesy. City employees are expected to be friendly and courteous to each
other and to the public. They are expected to give and take, look at the other
person's point of view, and apply common sense, honesty, and open-mindedness.
to whatever problems arise in day-to'-day work.
C. Work Hours and Rest Periods.
1. Work Hours. The regular workweek for full-time, non-union employees
is Monday through Friday from 8:00 a.m. to 4:30 p.m., with a one-half
hour unpaid lunch break; except as otherwise established by the
department head in accordance with the custom and needs of the
departinent. Every employee shall be ready to beginactual operations at
the employee's place of work at the specified starting time.
2. Rest Periods. Each employee may take a15. minute paid rest period for
each four hours that they work. Each department head may schedule rest
periods so as not to interfere with work requirements.
3. Overtime. Employees have an obligation to work overtime as requested
by their supervisors. Supervisors will make reasonable efforts to balance
the personal needs of employees when assigning overtime work, however,
repeated refusal to work overtime may result in disciplinary action.
D. Performance Evaluations. City employees' performance shall be evaluated by
their immediate supervisor and/or department head at least annually for the
purpose of communicating strengths and weaknesses to the employee,. as they
relate to fulfilling the position duties and responsibilities.
E. Dress. The dress and appearance of City employees is a direct reflection on the
professionalism of our services. City employees meet with the public everyday as
part of the regular workday. A neat, well-groomed and appropriately dressed
employee will present a positive image of the City and demonstrate the pride of
our city employees.
At all times, regardless of the style of clothing that is worn, clothing must be
clean, neat and free of holes, tears, fraying, patches, signs of wear or excessive
31
wrinkles or noticeable stains. Any clothing that, by fit or design, is revealing or
provocative is not suitable for our business environment. If one's attire is most
appropriate for the gym, tennis court, beach or nightclub, it is not appropriate in a
business environment.
When in doubt about the appropriateness of any attire, leave it out of the work
wardrobe. Employees are expected to use good judgment.
1. Non-uniformed Personnel.
. ,
a. Employees Working Primarily in an Office Setting:
The followinKare some examples of acceptable clothing for employees who
work in the office environment:
· Shirts with collars or buttons, sweaters, vests, blazers, jackets, blouses,
knit tops, turtlenecks, business suit, skirt and blouse, business dress
· Dress slacks/trousers, Docker-type khaki or twill casual pants
· Casual flat shoes, loafers, dressy sandals in the warm weather months (not
athletic or sport sandals).
b. Employees Working ina Construction, Recreation or Similar Setting:
For employees who work in the field, such as Engineering Technicians,
Building Inspectors and Facilities MaIntenance staff, or who provide
recreational programming, some examples of acceptable clothing include:
. All of the items mentioned above, except no open toed shoes.
. Like-new denim jeans
. T .;.shirts or sweatshirts without prominent slogans, advertising, or
printing
. Like-new tennis/athletic shoes, unless prohibited by OSHA Rules
. Knee length dress/walking shorts
c. Examples of Unacceptable Dress
The following are some examples of unacceptable appearance for employees,
regardless of their job function:
. . Inattention to personal hygiene/cleanliness
. Shorts (except knee-length dress/walking shorts, as listed in section b
above) or spandex clothing
. Tube tops, halter tops, muscle shirts and T-shirts with slogans
. Athletic apparel including jogging suits and sweatpants
. Undergarments as outerwear
. Bib-overalls
. Mini-skirts
. Sweat bands, caps, or hats worn indoors
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. Any clothing with derogatory printed messages or graphic design
. Flip-flops or other unprofessional footwear including worn-out athletic
shoes
. Clothing that is revealing, outlandish or body hugging such as
spandex.
. Clothing that is worn, faded or in disrepair.
Ifhealth conditions exist which require an employee to wear an item listed as
unacceptable, please consult with your supervisor.
These examples are intended only as a guide, and are not all-inclusive.
2. Uniformed Personnel. Uniforms, which are provided to. some city
employees, are expected to be neat, fresh and clean when reporting to
duty. Uniforms should not be worn during off-duty hours. Each
department is responsible for employees following regulations regarding
uniforms, related accessories and equipment.
3. Casual Fridays.. Fridays are designated as "casual day" in City Hall and
the Community Center. On these days, nice jeans, t-shirts and sweatshirts,
-~ .. la.1ve-~engtl1 walking short~ and clean athletic sho~s may be worn, but not
the other items onthe.above list. Employees who take Friday off cannot
substitute any other day 'of their choice as a "casual day."
4. Administration of Dress Code. Employees reporting to work in attire,
which, at the discretion of their supervisor, Department Head or the City
Administrator, is not befitting a professional image, shall be warned that
such clothing is not to be worn again. An employee who continues to
report to work in inappropriate attire will be sent home to change clothes.
The employee will not be paid during the time required to return home and
change clothes.
F. Employee Identification Cards.
All employees shall be issued employee identification cards. Each. employee is
responsible for having their identification card in their possession at all times while
working and shall protect it from loss, theft or misuse. At any time while on duty or on
City premises, employees shall produce their identification card at the request of any
member of the public. Unauthorized or inappropriate use ofthe employee identification
card is prohibited and will be subject to discipline.
G. Use of Tobacco Products
The use of tobacco products is not penriitted in any City building or vehicle or on City
grounds except as follows:
Police Department. Persons under extreme stress who come into the police
department, such as defendants and witnesses, may be allowed to smoke.
33
Break Time. Employees may only use tobacco products on their break time and
in locations out of the public view.
H. Emergency Closing of City Facilities In cases where the City Administrator
determines that circumstances exist which pose a threat to the safety of employees
and public patrons, or which prohibit the normal use ofthe City's facilities, he or
she may order the closing of such facilities. Employees unable to report to work
as a result of an emergency closing may record the time missed as vacation or
comp time, or may take the time as unpaid leave if they do not have sufficient
paid leave available.
I. Acceptance of Gifts.
1. General Rule. Pursuant to Minnesota Statutes section 471.895, no
employee shall request, solicit, or accept a gift from any person or
representative ofa person or association that has a direct financial interest
in a decision that the employee or the Cityis authorized to make, except as
permitted under Minn. Stat. Sec. 471.895, Subd. 3.
Employees should courteously decline all offers of gifts and gratuities.
2. Consult with Supervisor. Exceptions to the prohibition against gifts are
rare. If an employee has any doubt about the propriety of a gift, the
employee shall report the gift to his or her supervisor immediately.
3. Exceptions. The prohibition in this section does not apply if the gift or
gratuity is one of the following:
. contribution as defined in Minnesota Statutes section 211A.01,
subdivision 5;
. services to assist an official inthe performance of official duties, including
but not limited to providing advice, consultation, information, and
communication in connection with legislation, and services to
constituents; ..-
. services, trinket or memento of insignificant monetary value;
. a plaque or similar memento recognizing individual services in a field of
specialty or to a charitable cause;
. informational material of unexceptional value;
. food or a beverage given at a reception, meal, or meeting away from the
recipient's place of work by an organization before whom the recipient
appears to make a speech or answer questions as part of a program;
The prohibitions in this section also do not apply if the gift is given:
34
. because the recipient's membership in a group and a majority of members
are not local officials, and an equivalent gift is given to the other group
members; or
. by an interested person who is member of the family ofthe recipient,
unless the gift is given on behalf of someone who is not a member of that
family; or
. by a national or multi-state organization of governmental organizations or
public officials, if a majority of the dues to the organization are paid from
public funds, to attendees at a conference sponsored by that organization,
if the gift is food or a beverage given. at a reception or meal and an
equivalent gift is given or offered to all other attendees.
J. Use of City Property.
1. City Property. No employee shall negligently lose, damage, or waste City
property. No employee shall use City property for anything other than City work
without the prior explicit permission of the employee's department head.
2. City Vehicles. City vehicles may be used for official business only, although they
maybe used for meals while the employee is otherwise driving about on City business.
The Police Chief, Fire Chief, and other officials or employees approved by the City
Council, may use a City vehicle for commuting as well as for official City business, so
that they have a vehicle available for emergency responses.
3. City Name. No employee may use the employee's job title or the City name to
further personal or political goals. Job titles and reference to the City may be used only
for official City business.
K. Personal Activities.
1. Outside Employment. Employees must devote all work time to City business. No
work relating to outside employment may be performed during work time. Employees
must notify their supervisor of any outside employment. If the outside employment
constitutes an irreconcilable conflict, as determined by the City Administrator, the
employee must resign from either their City position or the outside employment.
2. Soliciting. All employee-to-employee solicitation on city property for products,
services or causes is limited to two weeks in length and must be conducted: a) on break
or meal time; b) in the lunchroom or break area of the worksite; c) in writing with the
use of sign up sheets or self-serve displays (no verbal presentations); and d) only for
non-profit organizations or causes.
3. Political Activities. As provided in Minn. Stat. Sec. 211B.09, an employee or
official ofthe City may not use official authority or influence to compel a person (1) to
apply for membership in or become a member of a political organization, (2) to payor
promise to pay a political contribution, or (3) to take part in political activity.
35
L. Conflicts of Interest.
City employees must be exceedingly careful to avoid a conflict of interest or even the
appearance of a conflict of interest. Therefore, a City employee, acting in the employee's
official capacity, may not transact official City business with a family member, or with a
business or person with whom that employee has a financial interest or involvement.
Employees shall not enter into a relationship with a vendor where the ~wployee's actions.
are, .or may reasonably he viewed as, not in the best interests of the city.. An employee
who becomes involved in a possible conflict situation must report the possible conflict to
the employee's supervisor and department head.
M. Lawsuits Against the City.
All questions pertaining to lawsuits shall be referred to the City Administrator. All City
employees must promptly notify their supervisor in the case of incidents, which
reasonably may be expected to result in a lawsuit. The supervisor must promptly report
the incident, in writing, to the City Administrator.
N. Safety
1. In General. Employees must take proper precautions to prevent accidents and work
safely. Employees shall follow safe practices and all safety regulations concerning
their job. Injuries should be reported immediately to the employee's supervisor. Any
employee who notices an unsafe condition must immediately report it to the employee's
supervIsor.
2. Hazardous Substances. Any employee routinely exposed to hazardous substances
or harmful physical agents as defined in Minnesota Statutes Chapter 182 shall be
trained before being assigned or reassigned to work exposing the employee to such
substances or agents and shall be given training annually thereafter. Training shall
include an explanation of how and where information about hazards is stored in the
workplace, how the hazards are labeled, and where to obtain specific information. The
City Administrator shall provide for such training and for compliance with the
"Minnesota Employee Right to Know Act of 1983," including the establishment of
specific policies to insure compliance with the state law and regulations. An employee
acting in good faith has the right to refuse to work under conditions that the employee
reasonably believes present an imminent danger of death or serious physical harm to
the employee.
36
o. Drug-Free Workplace Policy
1. In General. The City intends to provide a drug-free, safe, and secure
work environment. No employee may be under the influence of, use,
, manufacture, possess, sell, or transfer drugs or alcohol while the employee
is working or on City property or operating a City vehicle, machinery, or
equipment, except to the extent authorized by a valid medical prescription,
or when engaged in authorized Police Department activities. This Policy
shall be interpreted consistently with Minn. Stat. Sec. 181.950et seq. and
applicable federal law.
2. Reporting. Employees must report, to their department head, any
conviction under a criminal drug statuteJor violations occurring on or off
work premises during the employee's workday or while conducting City
business. A reportof the conviction nlUst be made within five days after
the conviction' as required by.the, FederaLDrug-free Workplace Act of
1988.
P. Drug Testing
1. Types of Testing. Employees are subject to drug and alcohol testing in
the following circumstances:
a. Job Applicant Testing. The City may require that all applicants who
have received conditional offers of employment undergo drug and alcohol
testing. If the offer of conditional employment is subsequently withdrawn,
the City will notify the applicant of the}~a~oIl for the withdraw~!.
b. Routine Physical Examination Testing. Any employee may be
required to undergo drug and alcohol testing as part of a routine physical
examination. The drug or alcohol test will be requested no more than once
annually and the employee will be given at least two weeks' written notice
that the test shall be required as part of the examination.
c. Random Testing. An employee in a position in which impairment
caused by drug or alcohol usage would threaten the health or safety of any
person may be required to undergo random drug and alcohol testing. In
addition, employees who are required to have a commercial driver's
license are subject to random testing as required by fedetallaw and the
City's policy.
d. Reasonable Suspicion Testing. Any employee maybe required to
undergo drug and alcohol testing if there is a reasonable suspicion that the
employee: (a) is under the influence of drugs or alcohol; or (b) has
engaged in the use, possession, sale, or transfer of drugs or alcohol while
the employee is working or while the employee is on City property or
37
operating a City vehicle, machinery, or equipment; or (c) has sustained a
personal injury arising out of and in the course of employment, or caused
another person to sustain a personal injury; or (d) has caused a work-
related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work-related accident.
e. Treatment Program Testing. Any employee may be required to
undergo drug and alcohol testing if the employee has been referred by the
City for chemical dependency treatment or evaluation or is participating in
a chemical dependency treatm~ntprogr5lll1 under the City insurance, in
which case the employee may be requested or required to undergo drug or
alcohol testing without prior notice during the evaluation or treatment
period and for a period of up to two years following completion of any
prescribed chemical dependency treatment program.
2. Testing Procedure. Any department head or the City Administrator may
order the drug and alcohol testing. Before undergoing drug or alcohol
testing, the employee shall complete a form (1) acknowledging that the
employee has been given a copy of the City's drug and alcohol policy, and
(2) indicating consent to undergo the drug and alcohol testing.
3. Testing Laboratory. A laboratory meeting all requirements of state law,
including those set forth in Minn. Stat. Sec. 181.953, shall handle all drug
and alcohol testing.
4. Test Results. Within three days of obtaining the final test results, the
testing laboratory shall provide the City with a written report indicating
the drug(s), alcohol, or their metabolites tested for, the types of test
conducted, and whether the test produced negative or positive test results.
Within three working days after receipt of the test res.ult report, the City
shall inform the employee in writing ofa negative test result on an initial
screening test, or of a negative or positive test result on a confirmatory
test.
5. Rights of Employees and Job Applicants. Employees and applicants
have a right to request and receive a copy of the test result report. If an
employee or applicant tests positive for drug use, the City will give written
notice of the right to explain the positive test.
Within three working days after notice of a positive test result on a
"- confirmatory test, the employee or applicant may submit information to
the City to explain that result or may, within five working days after notice
ofthe positive test result, request a confirmatory retest at the employee's
or the applicant's own expense. If the confirmatory retest does not
confirm the original positive test result, the City will not take any adverse
38
personnel action against the employee or applicant based on the original
confirmatory test and will reimburse the employee for the expense of the
retest.
6. Consequences for Refusal to Test. Employees and job applicants have
the right to refuse to undergo drug and alcohol testing. However, failure
to comply with the City's drug and alcohol policy, and refusal to take a
drug and alcohol test upon request shall subjectan~mployee to discipline,
including discharge. Ifan applicant refuses to test, the job offer will .
immediately be withdrawO:'mm...... ....
7. Discipline. An employee who has a positive test result on a confirmatory
test, when this IS the first such result for the employee, will be subject to
discipline but shall not be discharged unless (1) the employee has been'
given an opportunity to participate in either a drug or alcohol counseling
or rehabilitation program, whichever is more appropriate, as determined
by the City after consultation with a certified chemical use counselor or a
physician trained in the diagnosis and treatmeIJ.t of chemical dependency,
and(2)il1e employee haseither refused to participate in the counseling or
rehabilitation program or has failed to successfully complete the program
as evidenced by withdrawal from the program before its completion or a
positive test result on a confirmatory test after completion of the program.
Participation in the specified program will be at the employee's own
expense or pursuant to coverage under the City's insurance. All other
employees obtaining a positive test result will be subject to discipline
including discharge.
8. Classification of Data. Test result reports are private data on individuals
as defined by Minnesota Statutes Chapter 13.
Q. Workplace Violence Policy
Violence, or the threat of violence, has no place in any of the City of Shakopee' s work
locations. It is the goal of the City to rid worksites of violent behavior or the threat of
such behavior. It is the shared obligation of all employees, law enforcement agencies,
and employee organizations to individually and jointly act to prevent or defuse actual or
implied violent behavior at work.
Violence, or the threat of violence, by or against any employee of the City of Shakopee or
other person is unacceptable and contrary to City policy, and will subject the perpetrator
to serious disciplinary action and possible criminal charges. The City will work with law
enforcement to aid in the prosecution of anyone outside of the organization who commits
violent acts against an on-duty employee.
1. Prohibited Conduct
39
The City will make every reasonable effort to keep their employees as safe
as possible and will not tolerate acts of violence. Acts of violence include,
but are not limited to, the following:
a. Causing physical injury to another person;
b. Making threatening remarks, swearing and gestures;
c. Aggressive, hostil~ behavior that creates a reasonable fear of injury
to another person or subjects another individual to emotional
distress;
d. Intentionally damaging or threatening to damage. employer
property or the property of another employee; or member of the
public;
e. Possession of a weapon while on City property or while on City
business;
f. Sexual harassment, domestic violence or other offensive behavior;
g. Deliberate or careless conduct endangering the safety of other
employees:
2. On-the-Job
There are situations where relationships between employees, or between
an employee and their supervisor, result in strong negative feelings by the
individuals involved. . Any person involved in situations where they fear
that physical retaliation may take place, or where someone made verbal
threats of physical violence, should immediately discuss it with their
supervisor, department head or the City Administrator. Employees
involved in fighting or making verbal threats will be disciplined, up to and
incl1.1ding dismissal.
3. Dealing with the Public
Similar. situations could occur in employee contacts with the public.
While the City has a strong commitment to customer service, the City
does not intend for employees to be subjected to verbal abuse by any
customer. A supervisor, or police officer, should be requested to intervene
when a customer is abusive. If there is a concern over the possibility of
physical violence, the employee should discuss it with their supervisor.
4. Off-the-Job
An employee may be involved in a personal, non-criminal dispute with
family members or neighbors. If the situation escalates, individuals
sometimes secure an "Order of Protection" or an "Injunction Against
Harassment" or similar orders from the .court. . If an employee requests a
court order, he or she should include the work location in the order. The
employee should inform his or her supervisor of the order and provide a
description of the individual cited in the order.
40
Even in the case where an employee has not secured a court order but
fears for his or her safety, the employee should ca1l9ll and inform his or
her supervisor as soon as practical.
5. City Response
When any of the above situations is brought to the attention of a
department head.or the City Administrator, an.evaluation of the severity of
the situation must be made immediately. If it is concluded violence could
result, management shall:
a. Discuss the situation with employees who are likely to
come in contact with the person. Management will. provide .
a description of the subject and instructions on actions to be
taken if the person comes to the worksite.
. ..
b. In all cases, if there is an. immediate need for Police
Department intervention, call 911.
6~. Possession and Use of Dangerous Weapons by Employees
In the interest of maintaining a workplace that is safe and free of violence,
except as hereinafter provided, possession or use of dangerous weapons,
except where such possession or use is specifically required as part of the
employee's job duties, is strictly prohioited on City property, in City
. vehicles, or in any personal vehicle being used for City business.
7. Dangerous Weapons Dermed
....' .. A dangerous weapon is any instrument capable of producing bodily harm,
.. and. that manifests an intent to harm or intimidate another person or that
warrants alarm for the safety of another person.
8. Exceptions to Dangerous Weapons Prohibitions
Employees of the City of Shakopee may possess a firearm on City
property only if they are engaged in military or law enforcement activities
Additionally, City staff utilizes certain equipment that would be
considered dangerous weapons if used improperly. The City needs this
equipment for the efficient operation of various departments. However,
every reasonable effort will be made to train employees on the proper use
of equipment. Furthermore, any employee using City equipment for
anything other than its intended use will be subject to disciplinary action.
R. Sexual Harassment Policy.
1. Policy. The City is committed to providing a work environment that is free of
discrimination and unlawful harassment. All employees are to enjoy a safe work
environment free from unreasonable interference, intimidation, hostility, or offensive
41
behavior on the part of supervisors, co-workers, or visitors. Sexual harassment in any
form against any employee or member of the public will not be tolerated.
2. Defmition. Sexual harassment is unlawful under federal statue Title VII of the Civil
Rights Act of 1964 as well as under Minnesota Statutes Chapter 363A. Sexual - . ~'-- .
harassment includes unwelc9me sexual advances, requests for sexual favors, sexually-
motivated physical contact, or other verbal or physical conduct or communication of a
sexual nature, when:
a. Submission to the conduct or communication is made a term or condition, either
explicitly or implicitly, of an individual's employment; or
b; Submission to or rejection of the conduct or communication by an individual is
used as a factor in decisions affectingthat individual) employment; or
c. The conduct or communication has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating,
hostile or offensive working environment.
-~.
3. Supervisory and Administrative Responsibility. No supervisor shall engage in
sexual harassment. If any discriminatory or unreasonable conduct is observed by a
supervisor, the supervisor must ask the offending person or people to stop immediately
and advise that discipline will follow if the behavior continues. Supervisors, who become
aware of violations ofthe sexual harassment policy and failto take action, may be subject
to disciplinary actioll.-All incidents or recurrences should be reported as described below.
4. Employee Responsibility. Employees shall conduct themselves in accordance with
this policy and shall assist supervisors and department heads in maintaining a work
environment free from sexual harassment. Any offensive conduct should be
$upstantiated to the extent possible. Employees are encouraged to inform the offending
person(s) that the employee finds the conduct offensive and request that it stop. The
employee shall also immediately report any offensive conduct or incident of harassment
to the department head or the City Administrator, as described below.
5. Complaints. In order for the City to address offensive or harassing conduct, such
conduct must be promptly brought to the City's attention. Complaints of sexual
harassment shall be dealt with fairly and evenhandedly. The dignity of all the parties
involved shall be considered. Any employee, who believes that he or she has been
harassed, or has witnessed sexual harassment, should promptly report the facts of the
incident or incidents and the names of the individuals involved to the employee's
department head, or to the City Administrator. Department heads shall immediately
report any and all such complaints to the City Administrator and, if appropriate, may
assist in investigating the complaint. If a department head is the alleged perpetrator,
complaints should be made directly to the City Administrator. If the City Administrator
is the alleged perpetrator, complaints should be made to the Assistant City Administrator.
42
6. Investigation and Resolution. If deemed appropriate by the City Administrator, the
City may conduct an investigation of the complaint. The investigation may include
interviews with all relevant individuals and will be conducted in such a manner as to
attempt to preserve the confidentiality and rights of all parties. The City will not retaliate
against any employee who makes a report of sexual harassment, nor will it tolerate
retaliation by any employee_against the reporting employee. Employees who engage in
retaliatory conduct may be subject to disciplinary action. Any employee who makes a
false report of sexual harassment or gives false information during an investigation may -
also be subject to disciplinary action. Upon review of the results of the investigation, if
there is one, the City Administrator may recommend:
a. Counseling and/or training with affected employe~~t() ensure understanding.of
what is prohibited, as well as the seriousness of the issue and the City's
commitment to deal with violations of this policy;
b, J)is.cipline, including discharge.
43
V. DISCIPLINE & GRIEVANCE
A. Discipline Policy.
1. In ~eneral. City employees shall be subject to disciplinary action for failing
to fulfill their duties and responsibilities. It is the policy of the city to
administer disciplinary penalties without discrimination., _
2. Probationary Employees. Just cause and progressive discipline are not
required forprobationary employees. Subject to state law on veterans'
preference, and subject to Minn. Stat. Sec. 181.931 et seq., a probationary
employee may be disciplined or discharged by the City Council with or
without just cause.
..- . .
3. All Other Employees. Disciplinary action against employees shall be for just
cause, as deemed appropriate by the City. The supervisor or department head
may investigate any allegation regarding the employee on which disciplinary
action is based before any disciplinary action is taken.
When possible, discipline of employees will be based on the nature and
severity of the infraction and conditions surrounding the incident. Discipline
may include oral reprimand, written reprimand, suspension with or without
pay, involuntary demotion, forced transfer to a comparable position,
withholding a salary increase, decreasing the employee's salary and discharge.
4. Just Cause. Just cause for discipline includes any and all failure~ to fulfill an
employee's duties and responsibilities. This includes, but is not limited to, the
following:
a. failure to properly perform job responsibilities set
forth in the employee's job description;
b. failure to comply with this Personnel Handbook;
c. insubordination; .._
d. engaging in actions or inaction that give the
appearance of impropriety;
e. exhibiting a disregard for the need to maintain the
puBiic's pride in the City and City government;
f. failure to comply with the equal employment
opportunity laws and regulations;
g. knowingly making a false statement or disclosure;
h. falsifying any City document;
i. releasing priyateQr.other protected information in
violation of Minnesota Statutes Chapter 13;
j. entering into a contract on behalf of the City without
the prior consent of the Council.
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5. Disciplinary Action Steps. The following steps may be used for disciplinary
action against an employee. The City has the right to waive progressive
discipline depending on the cause.
a. Oral Reprimand. The employee's supervisor may give the
employee an oral reprimand. A written note may be placed in the
employee's personnel file indicating that an oral reprimand was
gIven.
b. Written Reprimand. The employee's supervisor may give the
employee a written reprimand. The employee must sign the
written reprimand to acknowledge its receipt. The signature of the
employee does not mean that the employee agrees with the
reprimand. The reprimand shall be placed in ~he employee's
personnel file.
c. Suspension or Other Disciplinary Action. An employee may be
suspended with or without pay, demoted, transferred to a
comparable position, placed on probation, denied a salary increase;
or may receive a decrease in salary.
The City will notify the employee of the reason for and length of
the suspension, whether it is with or without pay, and any further
discipline the employee may face should the misconduct continue.
If an investigation is conducted and shows that the allegations of
misconduct are false, the employee may receive back pay for some
or all of the period of suspension, as determined by the City
Administrator.
Any employee suspend without pay for more than one pay period
shall continue to receive insurance benefits. The employee shall
be responsible for paying the employee's share of any premiums if
applicable. Such payment is due to the City by the 1 st of each
month for each full or partial month during which the employee is
suspended.
An.el11ployee suspended without pay for more than one pay period
shall not accrue or be allowed to use any accrued leave or holiday
leave.
d. Discharge as Discipline. An employee may be discharged by the
City Council only for just cause.
6. Hearing. In any case of discipline under (c) or (d) above, the employee may
appeal to the City Council. The appeal must be submitted in writing to the City Clerk
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within 10 days following the disciplinary action. The action of the City Council will be
final, subject to any right to appeal under state law.
B. Grievance Policy.
1. In General. It is the policy of the City insofar as possible to prevent the
occurrence of grievances and to deal promptly with those which occur.
. 2. Procedure. Employees may file a formal grievance in cases where they
believe the policies and procedures of this personnel policy have not been fairly
or accurately applied, so long as the subject matter is notcoveredhya collective
bargaining agreement. Grievances shall be handled through the procedures set
. forth below, unless the grievance relates to sexual harassment, in which case the
procedure set forth in the sexual harassment section of this-handbook shall
control.
a. Grievance Brought by Employee. An employee must submit a
grievance to his or her supervisor in writing, within 10 days of the incident
which is the subject of the grievance. If the supervisor is the subj ect of or
. a party to.the grieyance, then~he employee may submit their grievance to
. - - .., '.
the City Administrator.
b. Investigation. The supervisor or City Administrator shall discuss the
relevant circumstances with the employee and may investigate the matters
disclosed in or relevant to the grievance.
An employee may choose to have a third party, such as a union
representative or co-worker, present at an investigatory interview,
however, that person has no right to interfere with or participate in the
interview, but rather is present merely to act as a witness.
c. Resolution. The supervisor shall consider and examine the causes of
. the grievance and- any other related matters, and attempt to resolve the
grievance. The supervisor shall provide written notice to the employee of
the resolution, and of the employee's right to appeal the matter to the City
Administrator.
d. Appeal. The employee may appeal the supervisor's resolution of the
grievance to the City Administrator. The appeal shall be in writing, and
delivered to the City Administrator within five days after the supervisor
notifies the employee of the supervisor's resolution of the grievance. The
City Administrator's decision on the appeal is final.
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