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HomeMy WebLinkAbout3.F. Personnel Handbook Amendments-Res. No. 7137 3. �. City of Shakopee MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator �. � � FROM: Kris Wilson, Assistant City Administrator ���,�W . ' SUBJECT: Amendment to the Personnel Handbook for Paid-on-Call Firefighters DATE: November 15, 2011 Introduction The Council is asked to approve several amendments to the City's Personnel Handbook for Paid- on-Call Firefighters. Background Adoption of the updated bylaws for the Fire Relief Association has created a need to establish � o the Cit s 35 /o attendance re uirement in Cit olic because it is not s ecificall established in Y q Yp Y P Y the bylaws. At the same time, there are a few housekeeping items that need to be updated in the Personnel Handbook. The proposed amendments fall into the following categories: 1. Pay Periods & Pay Days The Personnel Handbook for Paid-on-Call Firefighters includes a definition of the pay periods and paydays for firefighters. Last year the City changed the pay period from one calendar month to a 28 pay period and the paydays from the second Friday of the month to every fourth Monday. Therefore, the Personnel Handbook needs to be updated so that it accurately reflects these pay periods and paydays. These changes can be found on page 4 of the enclosed Handbook. 2. Attendance Requirement for Pension The City has an established policy of requiring firefighters to attend 35% of calls and drills each year in order to qualify for a year of service credit toward their Relief � Association pension. Rather than specifying this directly, the new model bylaws that the ' Relief Association is bringing forward reference that a year of service credit will be awarded to each firefighter that has met the requirements established by the City. Therefore, the City needs to formally establish the 35% attendance requirement in the � Personnel Handbook. This change can be found on page 5 of the enclosed Handbook. , 3. Two-year Probationary Period , Recently the City went to a two-year probationary period for paid-on-call firefighters. However, there are certain milestones that are achieved after successful com letion of P just one year of the probationary period - specifically, firefighters are awarded their dress � uniform and become eligible to attend conferences and out-of-town trainings after just I '� one year. These changes can be found on page 5 and 7 of the enclosed Handbook. I I , �, �- ---- - - - - - _ - _ - - - - - - _ _ _ : I 4. Annual Medical Exam The Department has a longstanding practice of requiring employees to successfully complete an annual medical exam. A portion of the exam is necessary to meet an OSHA i requirement that we ensure all firefighters are medically fit to wear their SCBAs and the remainder tests for factors related to general fitness to perform the strenuous duties of a firefighter. It has been suggested that the requirement to complete this exam be formally listed in the Personnel Handbook. This change can be found on page 10 of the enclosed Handbook. '� Budget Impact. There is no budget impact associated with any of these changes. Relationship to Vision This is a housekeeping item. ' Requested Action: If it concurs, the Council is asked to offer Resolution No. 7137, a resolution amending Resolution No. 6807 adopting a Personal Handbook for Paid-on-Call Firefighters of the City of , Shakopee, and move its adoption. � � i i � � � I I i � � i � ; I � , I RESOLUTION No. 7137 I i A RESOLUTION AMENDING RESOLUTION NO. 6807, A RESOLUTION ADOPTING A PERSONNEL HANDBOOK FOR PAID-ON-CALL FIREFIGHTERS OF THE CITY OF SHAKOPEE WHEREAS, Resolution No. 6807, a resolution adopting a Personnel Handbook for Paid- on-Call Firefighters of the City of Shakopee, was adopted on September 16, 2008, and WHEREAS, from time to time there is a need to modify such policies to best suit the nccds of the City aiid ils employees. I NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Chapter N of the Personnel Handbook for Paid-on-Call i Firefighters of the City of Shakopee is hereby amended to read as follows: j B. Pay Periods. The pay period for all employees shall be 28 davs in length. on����� � I �t�: All hours worked shall be credited to the day and pay period when the shift j began. I j C. Paydays. Employees shall be paid everY fourth Monda���r��+� I , I �e�: When a payday falls on a bank-recognized holiday, employees shall receive their pay the preceding workday. BE IT FURTHER RESOLVED, that Chapter V. is hereby amended to read as follows: B. Pension. In accordance with state and federal laws, the City of Shakopee funds a pension ' plan for paid-on-call firefighters through the Shakopee Fire Relief Association. In order � to receive credit for a year of service under the bvlaws of the Shako�ee Fire Relief � Association, an emplovee must attend at least 35 percent of calls and drills during the i calendar Du�u iri. a.-�ai��ii��i,+�,-" <„1,., 1,.,.,a .,,o* ��+„1.1:�1,,,,�1 r «;+or;., �L..,11 I .,1;�, F ' ' .1 >;*l, +l,o l.<,1., .,�+l,o C'l,.,L., o L`:,.o Dol:o� I 1114U111�' 1V1 CI. �/Vl1J1V11 111 U�✓�VLUCUl� �oTL I I � BE IT FURTHER RESOLVED, that Chapter VI. is hereby amended to read as follows: i � A. Seminars, Conferences and Schools. The City will pay for employees in good standing, , who have successfully completed their first vear of training listed in Section A above, to � attend seminars, conferences and schools that will contribute to the better performance of ! the employee's job and the City's business, as determined by the Fire Chief. A I conference or seminar is a course that occurs in one continuous block of time. To qualify I for payment, the employee must secure the Fire Chief's written approval prior to � registering for the seminar, conference or school. ' � BE IT FURTHER RESOLVED, that Chapter VIII. is hereby amended to read as follows: i D. Uniforms. Upon successful completion of the first vear of the probationary period, the � City shall provide each employee with a Class A dress uniform. Employees are � responsible for keeping their uniform neat, fresh and clean. Uniforms shall be worn only � I I i � � on occasions designated by the Chief or another senior officer. Uniforms are not to be � loaned out to any other individual or otherwise used for purposes outside of their intended use. Uniforms remain the property of the City of Shakopee and must be returned in the case of termination or resignation. Uniforms shall be given as a gift to employees retiring from the Department with twenty or more years of service. BE IT FURTHER RESOLVED, that Chapter IX is hereby amended to include the following: � A. Annual Medical Exam. All emploYees are required to successfullY conlplete the j Department-s�ecified annual medical exan�. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, I held this 22" day of November, 2011. i � i � � Mayor of the City of Shakopee I I I I ATTEST: I I ' City Clerk i i � i , � � , � i i , i � � i � � i � � I �, I � i � i �-------- �� _ _ i i I I I I � � Ci o Shako ee lY .f p PERS ONNEL HANDB OOK FOR PAID-ON-CALL FIREFIGHTERS � � i � Effective September 17, 2008 (Adopted by Resolution No. 6807) Amendments Resolution No. 6888, adopted Apri17, 2009 ,� I i I , 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. » The mission of the Fire Department is to "provide cost effective, efficient and state of the art fire and rescue protection for the citizens and businesses within the Shakopee fire district." 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 as a paid-on-call firefighter requires commitment and sacrifice. However, it also provides the opportunity to serve the community and its residents when they � need it the most. 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. I. PURPOSE AND GENERAL GUIDELINES A. Purpose. This Handbook is established to provide a uniform and equitable system of personnel administration for the City's paid-on-call firefighters. This Handbook does not constitute an employment contract for any 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 i, 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. , I 1 I I C. Application and Conflicts. This Handbook shall apply to all paid-on-call firefighters. In the event of conflict between this Handbook and any City ordinance, or state or federal law, the terms and conditions of that ordinance or law shall prevail. D. Employee Status. Paid-on-call firefighters are employees of the City of Shakopee. Non-probationary employees may be disciplined and discharged only for just cause as prescribed in this Handbook. 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 his/her designee shall maintain personnel � files for each employee. 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. � I II. APPOINTMENTS A. In General. The City will hire and promote paid-on-call firefighters in accordance with the Fire Department's Policy No. 1: Hiring and Policy No. 4: Part-Time Officers. The l Cit Council is the final authorit re ardin the hirin and romotion of em lo ees. � Y Y g g g P p Y 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 subject to immediate discharge. C. Pre-employment Background Check. In accordance with federal, state, and local law, I the City will conduct a pre-employment background check, including, but not limited to, a criminal record check of candidates for employment. i D. Pre-employment Medical Exams. After a written conditional offer of employment is made to a firefighter candidate, the City will require the candidate to take 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. �, Candidates for employment shall also be required to take and pass a pre-employment psychological exam. Candidates for promotion to a full-time position with the City may � be required to do the same. E. Probationary Employees. ! 1. Probationary Period. All employees shall be required to successfully complete a 24-month probationary period when they are first hired, re-employed, or reinstated to a position. The first year of the probationary period shall be used primarily for 2 completing the required formal training and the second year for observing and evaluating the employee's work, for securing the most effective adjustment of the employee to a position, and for rejecting an employee whose performance does not meet the required work standards. 2. 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. 3. Completion. Before the expiration of the probationary period, and following the completion of a written performance evaluation, the Training Chief shall recommend to the Fire Chief and the Fire Chief shall recommend to the City Council whether or not the services of a probationary employee have bccn satisfactory and recomm�nd � that the employee be either retained or discharged. F. Employment of Relatives. At the time of hire, employees are required to disclose to the Fire Chief, in writing, the name and relationship of any relatives that are also employees of the Fire Department. Relatives are defined as a spouse, child, parent, sibling, (including a step-child, parent or sibling) aunt, uncle, grandparent or grandchild of either I the employee or of the employee's spouse, as well as any person permanently residing with the em lo ee. No em lo ee shall be a ointed romoted demoted or transferred to P Y p Y PP �P � a position where that person would be on a daily basis supervising, or receiving supervision from, a relative, without the advanced authorization of the City I Administrator. III. SEPARATION � A. Discharge. The City may discharge or separate a probationary employee from employment at any time, with or without just cause. All other employees may be I discharged as set forth below. B. Resignation. Any employee wishing to leave the City's service in good standing shall file with the Fire Chief, 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. C. Unauthorized Absence. An employee who does not attend any fire calls for a period of ' 30 consecutive da with ys out first notifying the Chief of his or her absence and the reason for it shall be considered to have resigned. � D. Retirement. No City employee shall be required to retire at any specific age. E. For Disciplinary Reasons. Employees may be discharged for disciplinary reasons as outlined in Chapter X. 3 � IV. COMPENSATION A. Wages. Employees shall be paid per hour per call for responding to emergency calls for service and attending meetings, drills and other special details required by the Fire Chief or his/her designee. All hours worked shall be rounded up to the next full hour for purposes of determining compensation. B. Pay Periods. The pay period for all employees shall be 28 days in length. �� ��r All hours worked shall be credited to the day and pay period when the shift began. C. Paydays. Employees shall be paid every fourth Mondav. . � , ��k: When a payday falls on a bank-recognized holiday, employees shall receive their pay the preceding workday. D. Direct Deposit. As permitted by Minn. Stat. § 471.426, direct deposit of payroll is required for all employees. E. Overtime. For purposes of computing overtime wages, the City classifies paid-on-call firefighters as Section 207(k) employees under the federal Fair Labor Standards Act (FLSA). The work period for paid-on-call firefighters is composed of 28 consecutive days beginning September 1, 2008 and continuing in 28 days cycles thereafter. Employees working more than 212 hours in a 28-day work period shall be paid time and a half their regular rate of pay. F. Employees Holding Two or More City Jobs. Paid-on-call firefighters may also hold other non-exempt positions with the City of Shakopee. However, the employee's supervisor in their non-Fire Department position has the discretion to determine whether and under what circumstances the employee may respond to fire-calls while working at their non-Fire Department City position. If the non-Fire Department supervisor authorizes an employee to respond to fire calls while working, that employee shall continue to receive their regular rate of pay for their non-Fire Department position while responding to the call, unless such time exceeds the employee's scheduled shift. All applicable benefits and leaves shall also continue to accrue without regard to time spent on fire calls. Paid-on-call firefighters who hold two or more City jobs shall be paid overtime for hours worked for the City in excess of 40 hours per work week. Hours taken as paid leave shall not count toward the calculation of hours worked. The overtime rate shall be calculated ' using a blended rate for the City jobs held by the individual employee. 4 I V. BENEFITS A. Deferred Compensation. Federal law requires employers to cover all employees by either Social Security or an alternative retirement system, such as deferred compensation. The City of Shakopee has selected Nationwide's USCM Deferred Compensation Plan as the retirement system for all paid-on-call firefighters. Employees are required to defer a minimum of 7.5 percent of each paycheck into deferred compensation. Both employees and the City still contribute the 1.45% Medicare portion of FICA, however employee earnings are not subject to the 6.2% social security portion of FICA. One hundred percent of the deferral is deposited in the Nationwide Fixed Account as required by law. � The money in each employee s account is payable to the employee or his/her designated beneficiary upon termination of employment or may remain invested until the employee becomes eligible for retirement income. B. Pension. In accordance with state and federal laws, the City of Shakopee funds a pension plan for paid-on-call firefighters through the Shakopee Fire Relief Association. In order to receive credit for a year of service under the bylaws of the Shako�ee Fire Relief Association, an employee must attend at least 35 percent of calls and drills during; the calendar .� Paid-on-call firefighters who have met established service criteria shall qualify for a pension � in accordance with the bylaws of the Shakopee Fire Relief Association.- I C. Worker's Compensation. Paid-on-call firefighters are covered under the City's Worker's Compensation Insurance policy through the League of Minnesota Cities Insurance Trust. Employees are responsible for immediately reporting any and all work- related injuries to their supervisor and for fully cooperating with the City's insurance i carrier in regards to worker's compensation claims. VI. TRAINING AND TRAVEL I A. Training for New Hires. During the first year of their probationary period, newly hired firefighters are required to successfully complete Firefighter 1, Firefighter 2, Hazardous Materials Operations and First Responder courses. The cost of these courses shall be ; paid for by the City of Shakopee, however, the employee shall not be paid for time spent �'� in class or reimbursed for the cost of travel to and from class. Employees shall receive credit toward their attendance requirement far calls occurring during class time. B. Seminars, Conferences and Schools. The City will pay for employees in good standing, � who have successfully completed their first , e� training listed in Section A above, to attend seminars, conferences and schools that will contribute to the better performance of the employee's job and the City's business, as determined by the Fire Chief. A I conference or seminar is a course that occurs in one continuous block of time. To qualify for payment, the employee must secure the Fire Chief's written approval prior to registering for the seminar, conference or school. I 5 Employees approved to attend such trainings shall be paid their regular hourly rate for the actual class hours attended. C. Meal Reimbursement. While attending a fire conference or school, employees shall be reimbursed for the actual cost of ineals eaten, excluding alcoholic beverages, up to the specified per diem amounts established by the U.S. General Services Administration for the destination city. Employees are responsible for obtaining these per diem amounts from Human Resources prior to attending the conference or school. I The City will not reimburse for the cost of a meal in cases where that meal was included I in the registration fee for the conference or school. Employees electing not to eat the j meal provided as part of the registration fee shall be personally responsible for the cost of any alternative meal. I I In order to be reimbursed for the cost of ineals, an employee must submit a detailed � expense report, with itemized receipts attached, to the Fire Chief for approval within 30 days of the expenditure. ' � I D. Travel and Lodging. Travel and parking expenses associated with attending a conference or seminar will be paid or reimbursed by the City. Whenever possible and at � the Chief's direction, employees shall carpool and/or use City-owned vehicles to travel to ' conferences and seminars within the state of Minnesata. 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. 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. I I E. Excluded Expenditures. The City will not pay for alcoholic beverages, entertainment, I personal telephone calls, and other personal items not specifically designed to benefit the I City. The City will not pay for lodging in the seven-county Twin Cities metro area. I � VII. LEAVES ! , A. In General. Paid-on-call firefighters are not eligible for paid vacation or sick leave. I , However, under specific circumstances, employees may qualify for certain types of leave I provided by state or federal law, including: � I ➢ Family & Medical Leave (FMLA). � I ➢ Bone Marrow Donor Leave. (Minn. Stat. Sec. 181.945) ➢ Parenting Leave. (Minn. Stat. Sec. 181.940 —181.944) I � 6 � -- - -- -- — - _ _ _- -- — — — _ ___ — - � ➢ School Conference and Activities Leave. (Minn. Stat. Sec. 181.9412) ➢ Voting Leave. ➢ Jury or Witness Duty Leave. ➢ Milita Leave Minne ta tu ' n 2• ' 1 2 so Sta es Sectio 192. 6 U.S.C. Trt e 38 Sec. 021 �' • � > > ) Employees who believe they may qualify for any of the leave types listed above should contact the City's HR Technician for additional information, including eligibility criteria and leave specifics. B. Unpaid Leave of Absence. Upon written request, the Fire Chief may grant an unpaid leave of absence for a period not to exceed 90 days to any non-probationary employee in good-standing. The employee must request a leave of absence in writing, stating the starting and ending dates of the requested leave and the reasons for the leave being I I requested. The City Council may extend such leave to a maximum period of one year i where the Council finds extraordinary circumstances warrant such extension. i VIII. EMPLOYEE CONDUCT � A. Teamwork. Each employee is part of a team, working together to provide excellent i service to the residents of Shako ee. Each em lo ee is ex ected to strive to do his or her , p p Y P ' best to assist in this team effort, by doing the employee's job economically and I i efficiently, wrth consideration toward the public. Employees are expected to work well I � 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 wark. � I C. Performance Evaluations. City employees' performance shall be evaluated by their I 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. I I D. Uniforms. Upon successful completion of the first vear of the probationary period, the I City shall provide each employee with a Class A dress uniform. Employees are responsible for keeping their uniform neat, fresh and clean. Uniforms shall be worn only ! on occasions designated by the Chief or another senior officer. Uniforms are not to be loaned out to any other individual or otherwise used for purposes outside of their intended use. Uniforms remain the property of the City of Shakopee and must be 7 _ _ -- - - -- — — — — - _ - - -- _ - --- -- - -- - � - - __ _ _ _ _ _ _ _ _ __ _ _ _ __ I returned in the case of termination or resignation. Uniforms shall be given as a gift to employees retiring from the Department with twenty or mare years of service. E. Employee Identification Cards. All employees shall be issued employee identification cards. Each employee is responsible for maintaining possession of their identification card and shall protect it from loss, theft or misuse. Unauthorized or inappropriate use of the employee identification card is prohibited and will be subject to discipline. � F. Use of Tobacco Products. The use of tobacco products is not permitted in any City � building or vehicle at anytime. Smoking on City grounds is allowed only in designated �i areas on off-duty time. � G. 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 of a person or I association that has a direct financial interest in a decision that the employee or the City is authorized to make, except as permitted under Minn. Stat. Sec. 471.895, Subd. I 3. I Em lo ees should courteousl decline all offers of ift nd atui 'es ' n � p y y g s a gr ti . Exceptio s to I, 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 ��I immediately. �� 2. Exceptions. The prohibition in this section does not apply if the gift or gratuity is I one of the followin : I g � � • contribution as defined in Minnesota Statutes section 211A.01, subdivision 5; � � � services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in i 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; � � • informa�ional 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; j The prohibitions in this section also do not apply if the gift is given: ' • because the recipient's membership in a group and a majority of inembers are not i local officials and an e uivalent ift is iven to the other rou e r• r � , m mbe s o q g g g P � • by an interested person who is member of the family of the recipient, unless the I gift is given on behalf of someone who is not a member of that family; or 1 8 I _ _ _ _ — _- - - - - - � • by a national or multi-state organization of governmental organizations or public I, 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 i all other attendees. � H. 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 may be used for meals while the employee is otherwise driving about on City business. The Fire Chief and other officers 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. i � 3. City Name. No employee may use the employee's job title or the City name to I further personal or political goals. Job titles and reference to the City may be used I only for official City business and on the employee's resume or future job , applications. � I. Personal Activities. I 1. Outside Employment. Employees must devote all work time to City business. No � work relating to outside employment may be performed during work time. On a periodic basis, employees will be asked to disclose any outside employment in order � i to allow for the avoidance of conflicts of interest. I 2. Soliciting. All employee-to-employee solicitation for products, services or causes I must be conducted during off-duty time. I i � 3. Political Activities. As provided in Minn. Stat. Sec. 211B.09, an employee or I i official of the City may not use official authority or influence to compel a person (1) j to apply for membership in or become a member of a political organization, (2) to pay ! I or promise to pay a political contribution, or (3) to take part in political activity. I ' J. 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 I family member, or with a business or person with whom that employee has a financial I interest or involvement. I Employees shall not enter into a relationship with a vendor where the employee's actions i are, or may reasonably be viewed as, not in the best interests of the city. An employee 9 —�-- — — — _ � . � i i � who becomes involved in a possible conflict situation must report the possible conflict to I the employee's supervisor and department head. � � � I K. Lawsuits Against the City. All questions pertaining to lawsuits shall be referred to the I 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. I L. Safety i � 1. In General. Employees must take proper precautions to prevent accidents and work � � safely. Employees shall follow safe practices and all safety regulations concerning i I 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 I � employee's supervisor. � I 2. Hazardous Substances. Any employee routinely exposed to hazardous substances i 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 I 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 I � �� �� Minnesota Em lo ee Ri ht to Know Act of 1983 includin the establisl�ment of P Y g � g � specific policies to insure compliance with the state law and regulations. An I i employee acting in good faith has the right to refuse to work under conditions that the j employee reasonably believes present an imminent danger of death or serious I physical harm to the employee. � I i I�. SAFE, HEALTHLY AND RESPECTFUL WORKPLACE , � �� A. Annual Medical Exam. All emplovees are required to successfullv com�lete the � Department-s�ecified annual medical exam. i �B. Drug-Free Workplace Policy � I � 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, i sell, or transfer drugs or alcohol while the employee is working or on City property or I , operating a City vehicle, machinery, or equipment, except to the extent authorized by I a valid medical prescription. This Policy shall be interpreted consistently with Minn. I Stat. Sec. 181.950 et seq. and applicable federal law. � 2. Reporting. Employees must report, to their department head, any conviction under a criminal drug statute for violations occurring on or off work premises during the employee's workday or while conducting City business. A report of the conviction , 10 � I i i I I must be made within five days after the conviction as required by the Federal Drug- Free Workplace Act of 1988. � � � � �C. Drug Testing I 1. Types of Testing. Employees are subject to drug and alcohol testing in the following circumstances: I a. Job Applicant Testing. The City may require that all applicants who have received conditional offers of employment undergo drug and alcohol testing. If i the offer of conditional employment is subsequently withdrawn, the City will notify the applicant of the reason for the withdrawal. � � b. Routine Physical Examination Testing. Any employee may be required to j ' undergo drug and alcohol testing as part of a routine physical examination. The i drug or alcohol test will be requested no more than once annually and the I employee will be given at least two weeks' written notice that the test shall be � required as part of the examination. i c. Random Testing. An employee in a position in which impairment caused by drug � i or alcohol usage would threaten the health or safety of any person may be � required to undergo random drug and alcohol testing. , � d. Reasonable Suspicion Testing. Any employee may be 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 I � employee is on City property or operating a City vehicle, machinery, or I 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, ' i equipment, or vehicles involved in a work-related accident. I � 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 treatment program under the City insurance, in which case the employee may be � requested or required to undergo drug or alcohol testing without prior notice I during the evaluation or treatment period and for a period of up to two years � following completion of any prescribed chemical dependency treatment program. � I 2. Testing Procedure. Any department head or the City Administrator may order the 'I 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 I � 11 ', - I � � i 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 � I laboratory shall provide the City with a written report indicating the drug(s), alcohol, � I or their metabolites tested for, the types of test conducted, and whether the test I produced negative or positive test results. , � I Within three working days after receipt of the test result report, the City shall inform � the employee in writing of a negative test result on an initial screening test, or of a � negative or positive test result on a confirmatory test. I I 5. Rights of Employees and Job Applicants. Employees and applicants have a right to l � request and receive a copy of the test result report. If an employee or applicant tests � I positive for drug use, the City will give written notice of the right to explain the � positive test. I Within three working days after notice of a positive test result on a confirmatory test, I � the employee or applicant may submit information to the City to explain that result or i may, within five working days after notice of the positive test result, request a j � 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 personnel action against the employee or applicant based on the � original confirmatory test and will reimburse the employee for the expense of the � retest. I � i 6. Consequences for Refusal to Test. Employees and job applicants have the right to � i refuse to undergo drug and alcohol testing. However, failure to comply with the � i City's drug and alcohol policy, and refusal to take a drug and alcohol test upon i request shall subject an employee to discipline, including discharge. If an applicant I refuses to test, the job offer will immediately be withdrawn. I i I � 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 treatment of chemical dependency, and (2) the employee has either 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. � i 12 I I I -_ — -- --- -- — — — I � I Participation in the specified program will be at the employee's own expense or j pursuant to coverage under the City's insurance. All other employees obtaining a positive test result will be subject to discipline including discharge. �I 8. Classification of Data. Test result reports are private data on individuals as defined I i by Minnesota Statutes Chapter 13. , i � �D. Workplace Violence Policy. � i � Violence, or the threat of violence, has no place in any of the City of Shakopee's work � I 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. � i 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 I enforcement to aid in the prosecution of anyone outside of the organization who commits � violent acts against an on-duty employee. i ' I � 1. Prohibited Conduct. The City will make every reasonable effort to keep its ! employees as safe as possible and will not tolerate acts of violence. Acts of violence i include, but axe not limited to, the following: i � ; a. Causing physical injury to another person; i b. Making threatening remarks, swearing and gestures; I c. Aggressive, hostile behavior that creates a reasonable fear of injury to another I � person or subjects another individual to emotional distress; i � d. Intentionally damaging or threatening to damage employer property or the i � property of another employee; or member of the public; � e. Possession of a weapon while on City property or while on City business; i f. Sexual harassment domestic violence or other offensive behavior• � > > i g. Deliberate or careless conduct endangering the safety of other employees. � i i 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 i disciplined, up to and including dismissal. i 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 13 I I � I ___ __ � i i I I I � i abusive. If there is a concern over the possibility of physical violence, the employee �� � shoula ciiscuss it with their supervisor. I� I I � 4. Off-the-Job. An employee may be involved in a personal, non-criminal dispute with i i family members or acquaintances. If the situation escalates, individuals sometimes � � secure an "Order of Protection" or an "Injunction Against Harassment" or similar i orders from the court. If an employee requests a court order, he or she should include i the work location in the request. The employee should inform his or her supervisor of I � the order and provide a description of the individual cited in the order. � Even in the case where an employee has not secured a court order but fears for his or her safety, the employee should ca11911 and inform his or her supervisor as soon as ' practical. 1 5. City Response. When any of the above situations is brought to the attention of a � i I I 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, � i management shall: a. Discuss the situation with employees who are likely to come in contact with the i person. Management will provide a description of the subject and instructions j on actions to be taken if the person comes to the worksite. � I b. In all cases, if there is an immediate need for Police Department intervention, �' call 911. � 6. Possession and Use of Dangerous Wea ons b Em lo ees. In the interest of I P Y p Y i maintaining a workplace that is safe and free of violence, except as hereinafter i provided, possession or use of dangerous weapons, except where such possession or i use is specifically required as part of the employee's job duties, is strictly prohibited I on City property, in City vehicles, or in any personal vehicle being used for City ' business. ' . . ', 7. Dangerous Weapons Defined. A dangerous weapon is any instrument capable of i , producing bodily harm, and that manifests an intent to harm or intimidate another i � person or that warrants alarm for the safety of another person. i � � 8. Exceptions to Dangerous Weapons Prohibitions. Employees of the City of �, i Shakopee may possess a firearm on City property only if they are engaged in military �, � or law enforcement activities i 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 i ' anything other than its intended use will be subject to disciplinary action. i� l 4 �I � I, i i i I I I D. Sexual Harassment Policy. i ' 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 � � behavior on the part of supervisors, co-workers, or visitors. Sexual harassment in any � i form against any employee or member of the public will not be tolerated. ! I 2. De�nition. 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 I � harassment includes unwelcome sexual advances, requests for sexual favors, i i sexually-motivated physical contact, or other verbal or physical conduct or ! communication of a sexual nature, when: ' � I I j o Submission to the conduct or communication is made a term or condition, either j I explicitly or implicitly, of an individual's employment; or � I , � o Submission to or rejection of the conduct or communication by an individual is ' �� used as a factor in decisions affecting that individual's employment; or I I o The conduct or communication has the purpose or effect of unreasonably i interfering with an individual's work performance or creating an intimidating, i i hostile or offensive working environment. i I 3. Supervisory and Administrative Responsibility. No supervisor shall engage in i sexual harassment. If any discriminatory or unreasonable conduct is observed by a i supervisor, the supervisor must ask the offending person or people to stop � immediately and advise that discipline will follow if the behavior continues. i I Supervisors, who become aware of violations of the sexual harassment policy and fail ' i to take appropriate action, will be subject to disciplinary action. All incidents or , � recurrences should be reported as described below. � 4. Employee Responsibility. Employees shall conduct themselves in accordance with l � this policy and shall assist supervisors and department heads in maintaining a work � , environment free from sexual harassment. Any offensive conduct should be I substantiated to the extent possible. Employees are encouraged to inform the i � 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 ; I I of harassment to the department head or the City Administrator, as described below. i i 5. Complaints. In order for the City to address offensive or harassing conduct, such i 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 i 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 i 15 � i I i --------------------- ---------- ----- � _ ____ _ i I i i ! � � � I � 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 � I 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 I Administrator is the alleged perpetrator, complaints should be made to the Assistant j City Administrator. i i i 6. Investigation and Resolution. If deemed appropriate by the City Administrator, the , � City may conduct an investigation of the complaint. The investigation may include i 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 i 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 i 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 andlor training with affected employees to ensure understanding of , what is prohibited, as well as the seriousness of the issue and the City's I i commitment to deal with violations of this policy; � I b. Discipline, including discharge. � i , i ; X. DISCIPLINE & GRIEVANCE ', � � � , i A. Discipline Policy. i I i ' L In General. 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 for � � probationary 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 � i dischaxged by the City Council with or without just cause. � � i 3. All Other Employees. Disciplinary action against employees shall be for just cause, � as deemed appropriate by the City. The Fire Chief or his/her designee 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, 16 I � � i I I I I I � i I � � forced transfer to a comparable position, withholding a salary increase, decreasing the I employee's salary and discharge. � i ' � 4. Just Cause. Just cause for discipline includes any and all failures to fulfill an ; employee's duties and responsibilities. This includes, but is not limited to, the � 'i following: � I � i a. failure to properly perform job responsibilities set forth in the employee's job I � � description; ' i b. failure to comply with the established policies and procedures of the Shakopee � 'i Fire Department and/or this Personnel Handbook; � i c. insubordination; � d. engaging in actions or inaction that give the appearance of impropriety; ' e. exhiblting a dlsTegaTd for the need to maintain the public's pride in the City and �� City government; � f. failure to comply with the equal employment opportunity laws and regulations; ' � i g. knowingly making a false statement or disclosure; , i h. falsifying any City document; ' i i. releasing private or 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. i � I � � i � i 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 i i depending on the cause. a. Oral Reprimand. The employee's supervisor ma ive the em lo ee an oral ' Yg P Y , i ; reprimand. A written note may be placed in the employee s personnel file i � indicating that an oral reprimand was given. ' i I 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 the employee's personnel file. ; c. Suspension or Other Disciplinary Action. With the approval of the City � i Administrator, an employee may be suspended with or without pay, demoted, ', ,� placed on probation, denied a salary increase or receive a decrease in salary as � disciplinary action. The employee shall receive notice of such disciplinary action ,` � in writing, and a copy of the notification shall be placed in the employee's ' ` personnel file. i i � d. Discharge as Discipline. A non-probationary employee may be discharged by �, the City Council for just cause. � � 17 ' I � � I � � - - - - - - - - - - ! i� � �i � 6. Hearing. In any case of discipline under (c) or (d) above, the employee may appeal � to tY�e City Council. The appeal must be submitted in writing to the City Clerk 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. I � i �� � B. Grievance Policy. � , j 1. In General. It is the policy of the City insofar as possible to prevent the occurrence ; I of grievances and to deal promptly with those which occur. � I ! 2. Procedure. Employees may file a formal grievance in cases where they believe the � policies and procedures of this Personnel Handbook have not been fairly or accurately ' � applied. 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. �� i 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 subject of or a party to the grievance, then ' � the employee may submit their grievance directly to the next highest person in the I chain of command. � I � b. Investigation. The supervisor receiving the grievance shall discuss the relevant i 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 present at an investigatory I ', 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 su ervisor receivin the rievance shall consider and examine � P g g l i 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 i � resolution, and of the employee's right to appeal the matter to the Fire Chief , i and/or City Administrator. ' � d. Appeal. The employee may appeal the supervisor's resolution of the grievance to the Fire Chief and then to the City Administrator. The appeal shall be in writing, �� and delivered to the a ro riate individual within five da s after the su ervisor ' PP P Y p � notifies the employee of the supervisor's resolution of the grievance. The City � , Administrator's decision on the a eal is final. ; pP � � i � i i � 18 � � � � �