HomeMy WebLinkAbout03/14/1995 TENTATIVE AGENDA
SHAKOPEE, MINNESOTA
COMMITTEE OF THE WHOLE MARCH 14, 1995
LOCATION: City Hall, 129 Holmes Street South
Mayor Gary Laurent presiding
1] Roll Call at 5: 30 p.m.
2] Approve minutes of February 28, 1995
3] Personnel Policy
4] Other Business
5] Adjourn
Dennis R. Kraft
City Administrator
w
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
COMMITTEE OF THE WHOLE SHAKOPEE, MINNESOTA FEBRUARY 28, 1995
Mayor Laurent called the meeting to order at 5: 34 P.M. with
Councilmembers Brekke, Beard, Sweeney, and Lynch (at 5:35 P.M. )
present. Also present: Barry Stock, Acting City Administrator;
Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City
Engineer; Lindberg Ekola, Planning Director; Gregg Voxland, Finance
Director; Dave Nummer, Staff Engineer; and Paul Bilotta, Senior
Planner.
Mayor Laurent explained that there are two agendas for tonight, one
for the Committee of the Whole to be followed by a City Council
meeting.
Sweeney/Brekke moved to approve the minutes of February 28, 1995.
Motion carried unanimously.
Mr. Ekola explained that the City Council has received a draft of
the 1995 Comprehensive Plan, a 200 page document. He explained
that the Planning Commission is still reviewing it and that there
are some policy issues that need to be addressed. He explained the
City's major planning efforts over the past 40 years. He reviewed
the Metropolitan Council's Comprehensive Plan review process and
identified the three planning documents to be submitted to the
Metropolitan Council by the City of Shakopee within the next month.
They are: 1) Rahr Comp Plan Amendment, 2) Comprehensive Sewer Plan
(SEH) , and 3) the 1995 Comprehensive Plan.
Mr. Ekola explained that the City's Comprehensive Plan is 85%-90%
complete and that he would like comments and general feed back from
Councilmembers on the material completed todate. He stated that
Council will see the Plan again after Planning Commission makes
their recommendations.
Considerable discussion ensued on the desirability of obtaining
comments from Jackson Township since they to will be preparing a
Comprehensive Plan and they are adjacent to the City of Shakopee.
Mr. Neil Peterson, new Metropolitan Council representative,
acknowledged the fact that Shakopee has been working on their Plan
for quite some time. He suggested that the City complete their
Plan and submit it to the Met Council. He stated that delaying
submitting Shakopee's Plan may not be in the best interest of the
City. He cautioned against not continuing to move forward in
completing Shakopee's Plan.
Cncl.Lynch asked what the issues are that concern Jackson Township
other than MUSA (Metropolitan Urban Service Area) . She suggested
that there is a lot contained in the document that we can get a
consensus on.
Official Proceedings of the February 28, 1995
Shakopee City Council (COW) Page -2-
Mr. Stock encouraged the Council to continue moving ahead on the
Comp Plan.
There was a consensus to get copies of the draft Comprehensive Plan
to the abutting townships and Scott County for their review at this
time versus waiting until after the Plan is submitted to Met
Council.
A brief discussion ensued on the "Citizen Input" section contained
in the Comp Plan which listed characteristics of the community
identified in 1988 by the Project Advisory Committee for the
preparation of the Comprehensive Plan.
Brekke/Lynch moved to remove pages 13 and 14 "Citizen Input" from
the 1995 Comprehensive Plan. Motion carried unanimously.
Cncl.Brekke suggested that some comments be made on page 51
explaining why the park dedication income was so much greater in
1990 than in the following years.
Mayor Laurent asked the Councilmembers to continue reviewing the
draft Comp Plan and to call staff with their concerns.
Discussion ensued on proposed legislation that may change the uses
of tax increment funds. Mr. Stock relayed recent discussions he
had with Becky Kelso, the City's State Representative. He
explained that any new legislation probably would not become
effective until July 1st.
Mr. Voxland provided the Councilmembers with an update on the
status of the City's TIF Trust Fund. He explained that there is
currently $7 million in the Trust Fund and if it is used the
remaining escrow could handle debt service needs.
Mr. Stock explained that the City must be under contract to expend
TIF funds prior to July 1st. He identified possible things the
City could do to position itself to protect the TIF funds for as
long as we can: 1) Chaska Interceptor agreement with MWCC and 2)
the community center. Discussion followed.
Sweeney/Beard moved to direct staff to make appropriate changes in
contracts which we presently have that will allow us to use TIF
funds and to propose the appropriate amendments to the TIF Plan
that will meet the requirements of not having the dollars in the
TIF Plan or exceed the actual dollars of TIF. Discussion followed.
Motion carried unanimously.
Discussion followed on the various projects that could use TIF
funds.
Official Proceedings of the February 28, 1995
Shakopee City Council (COW) Page -3-
Beard/Lynch moved to prioritize projects for utilizing TIF funds:
1) athletic facility, 2) Blocks 3 & 4, 3) Park Projects, 4)
Chaska Interceptor, and 5) Bypass Ponding. Motion carried
unanimously.
Mr. Stock explained that Council asked for additional information
at the last meeting on some components for the community center and
operating costs. He explained the estimated operating costs for a
facility including a 13 , 200 gymnasium. He stated that Council
needs to finalize the components desired in the facility so that
Mr. Obrien, Greystone Construction, can put together a budget so
that he can put together the bid documents. Council also needs to
authorize the advertisement for bids for the precast concrete.
Discussion followed on operating costs and on the size of the gym.
Brekke/Lynch moved to include a gymnasium to accommodate two full
size basketball courts in the community center. Motion carried
unanimously.
Mr. Obrien stated that he will come back to City Council with costs
for each component within the community center. He also explained
that he has been talking with potential users of the facility and
is getting input that is helpful. Discussion ensued on how to get
comments from the public.
Sweeney/Lynch directed staff to explore putting an insert in the
Shakopee Valley Mint asking for input on the community center.
Motion carried unanimously.
Mayor Laurent adjourned the meeting at 7:53 P.M.
ta-A,
4ith S. Cox
ty Clerk
Recording Secretary
z
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE: February 24, 1995
RE: Personnel Handbook
INTRODUCTION:
The City' s Personnel Policies were adopted in 1980, and have
been amended many times since then. Despite these amendments,
they are somewhat internally contradictory and quite out-of-date
with current statutory and case law. We also have numerous
policies relating to personnel which are not included in the
Personnel Policies, and which are unknown by many employees.
DISCUSSION:
Starting with the City' s 1980 Personnel Policies, as
amended, I have prepared a new Personnel Handbook. This document
is based on the old policies, current state and federal law,
model provisions from the League of Minnesota Cities, model
language suggested by attorneys and personnel professionals, and
various City policies. Major language, philosophical, or policy
changes are as follows (roughly in order of the provisions in the
Personnel Handbook) :
1. Most City employees are not at will . Previously the
Personnel Policies stated that the employees were at will, but
then it included such things as progressive discipline steps,
which Minnesota Courts have interpreted to give employees a
contract for employment . The draft Handbook makes the exempt,
temporary, and probationary employees dischargeable at will, and
makes other employees dischargeable only for "just cause" . At
will employees are far easier to discharge if that becomes
necessary. The discipline provisions are clarified to
distinguish between at will and other employees.
2 . All City employees are now covered by the Personnel
Handbook. Previously the City Attorney, volunteer firefighters,
and temporary employees were excluded. Whether they are included
or not, they all are employees. By including them, they are
subject to the same requirements as other employees and more
easily governed.
3 . The City' s current policies relative to overtime
compensation are described. Exempt employees do not receive
overtime compensation. They also are not "docked" for working
less than a full day, on the assumption that these employees all
work at least 40 hours per week.
4 . Employees were switched from a one-week pay period to a
two-week pay period. This results in paying less overtime and in
greater flexibility for flex time.
5 . References to the employee assistance program were
eliminated. This program allowed troubled (financially, legally,
with drugs, etc. ) employees to contact a mental health facility
to receive some free assistance (paid for by the City) . The two
facilities which had provided these services no longer do so.
Much of the same assistance is available through health insurance
now.
6 . Good Friday was converted from a named holiday to a
"floating" holiday. State law specifies which days the City may
have as a holiday, and Good Friday is not included. An Attorney
General opinion has ruled that the City probably cannot add
holidays. In addition, Good Friday is clearly a religious
holiday, and as such may be unconstitutional . In order to keep
the same number of holidays and to continue closing City Hall on
Good Friday, a "floating holiday" was created, and then specified
to occur on the Friday before Easter.
7. Family leave provisions were inserted to comply with
state and federal law.
8 . Provisions to convert excess (over 160 hours) sick leave
to vacation were inserted. Up to 60 hours of sick leave per year
may be converted to vacation, at a rate of three hours of sick
leave into one hour of vacation. This will reward employees who
accumulate large amounts of sick leave, by allowing them to use
it for vacation. The three for one conversion is the same as the
cash-out on resignation or retirement.
9 . Bereavement leave of three days per occurrence was added
as a separate leave. The old policy allowed three days of
funeral leave, but deducted it from sick leave. This is a
standard benefit in many cities.
10 . Department heads were given the authority to allow an
employee to take up to five hours per week without pay. The City
can save money by allowing an employee to leave if there is no
work for the employee to do. In addition, the Handbook retains
the current provisions allowing the City Administrator to grant
up to 40 hours per calendar year of unpaid leave.
2
one
11 . A new section on employee conduct was created. This
collects in one place the basic conduct which is expected of all
employees. The provisions include teamwork, courtesy,
appropriate conduct, affirmative action, sexual harassment,
smoking, and the drug and alcohol policy. In the drug and
alcohol policy language was added to allow random testing for
safety-sensitive employees. This is designed to increase safety
of employees and citizens. (Additional language may need to be
added in a few months when the new federal commercial vehicle
drivers' law becomes effective. )
12 . Employees who receive traffic tickets and who regularly
drive a City vehicle must report the traffic ticket to their
supervisor. This will enable the City to determine if an
employee is a hazard or drives in a manner likely to cause
liability for the City.
13 . Promotional positions were clarified to allow the
promotion of an employee within a department without formal
posting and testing. Employees moving to new departments will be
able to apply upon the internal posting and testing, or when
applications are accepted from outside candidates.
14 . City Council was given the option of granting a new
employee credit for sick leave or vacation, based on one-half the
employees accrued leave at a prior employer, up to a maximum of
40 hours of credit. This will increase the incentive for
experienced individuals to accept positions with the City.
15 . The amount of notice required of resigning department
heads was shortened from four weeks to two weeks, to be the same
as all other employees.
16 . Accrued sick leave is credited upon severance. Members
of the police unions receive 45% of their accrued leave; the
Personnel Handbook provisions were changed from one-third to 45%
to match.
The Personnel Handbook would apply to all employees when
adopted, except union employees. It would apply to them after
their next contract was adopted, which gives them a chance to
negotiate and avoid provisions that they do not like. The
Personnel Handbook will then govern their behavior, except as
modified by the union contract .
Other changes mainly derive from a desire to put in one
place the personnel information an employee needs.
3
In order to eliminate conflicting or out-dated policies,
various resolutions and motions need to be repealed. These are
as follows :
Res. 2199, Employee Assistance Program Policy
Res. 3242, Drug and Alcohol Testing
Res. 3487, Policy for City Vehicles
Res. 2623, Amending the 1986 Pay Schedule
Res. 2397, City Equipment and Services in Emergencies
Res. 1351, Department Head Physicals
Res. 3098, Vehicle Policy
Res. 3226, Amending City' s Policy for City Vehicles
Res. 2143, Severance Pay
Res. 1913, Hiring City Employees
Res. 2667, Appeal Committee
Res. 2311, Grievance procedure re Handicapped Discrimination
Res. 2942, Data Practices Act
Res. 1622, General policies
Res. 3440, Special Leave Without Pay
Res. 3948, Sick Leave for Spouses
Motions inconsistent with the new Personnel Handbook
ALTERNATIVES:
1. Adopt the new Personnel Handbook.
2 . Amend the draft new Personnel Handbook and adopt it as
amended.
3 . Do not adopt the new Personnel Handbook.
ACTION REQUESTED:
Offer Resolution No. a resolution of the City of
Shakopee, Minnesota, repealing various personnel policies and
adopting a new Personnel Handbook, and move its adoption.
[27MEMO2]
4
• ,
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REPEALING
VARIOUS PERSONNEL POLICIES AND ADOPTING A NEW PERSONNEL HANDBOOK.
WHEREAS, in 1980 the City Council adopted a set of Personnel
Policies for its employees; and
WHEREAS, since then these Policies have been amended
numerous times, and many other policies have been adopted
relating to personnel but not included in the packet of Personnel
Policies distributed to employees; and
WHEREAS, the law of personnel matters has advanced rapidly
in the last 15 years; and
WHEREAS, the City now desires to adopt a modern Personnel
Handbook, clarifying that certain Shakopee employees are at will,
and that others are not, and including in one document the many
different policies relating to personnel .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the following resolutions are repealed:
Res. 1351, Department Head Physicals
Res. 1622, General Policies
Res. 1913, Hiring City Employees
Res. 2143, Severance Pay
Res. 2199, Employee Assistance Program Policy
Res. 2311, Grievance Procedure re Handicapped
Discrimination
Res. 2397, City Equipment and Services in Emergencies
Res. 2623, Amending the 1986 Pay Schedule
Res. 2667, Appeal Committee
Res. 2942, Data Practices Act
Res. 3098, Vehicle Policy
Res. 3226, Amending City' s Policy for City Vehicles
Res. 3242, Drug and Alcohol Testing
Res. 3440, Special Leave Without Pay
Res. 3487, Policy for City Vehicles
Res. 3948, Sick Leave for Spouses
And, that the Personnel Handbook, a copy of which is on file
with the City Clerk, is hereby adopted.
Passed in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1995.
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form: 4091 • �(} City Attorney
G
[27MEM02]
-2-
=or'
PERSONNEL HANDBOOK
FOR EMPLOYEES OF
THE CITY OF SHAKOPEE
Adopted By:
Shakopee City Council
Resolution No.
, 1994
(This supersedes all previous personnel policies. )
TABLE OF CONTENTS
INDEX PAGE NO.
I . PURPOSE 1
A. Goal . 1
B. Employees at Will 1
C. Equal Employment Policy 1
D. Application and Conflicts 1
II . DEFINITIONS 3
A. Employee 3
B. Exempt Employee 3
C. Full-Time Employee 3
D. Probationary Employee 3
E. Non-Exempt Employee 3
F. Part-Time Employee 4
G. Position 4
H. Regular Employee 4
I . Temporary Employee 4
III . COMPENSATION 5
A. Amount 5
B. Base Pay 5
C. Comparable Worth 5
D. Paydays 5
E. Performance Evaluation 5
F. Compensatory Time and Overtime 5
1 . Non-Exempt Employees 5
2 . Temporary and Part-Time Employees 6
3 . Exempt Employees 6
G. Pay Periods 6
H. Deferred Compensation 6
I . Retirement Benefits 6
IV. BENEFITS 7
A. Eligibility 7
B. Insurance 7
C. Continuing Education 7
1 . Conferences and Seminars 8
a. In General 8
b. Meals 8
c. Travel and Lodging 8
d. Excluded Expenditures 8
e. Time Off 8
2 . Employee Tuition Policy 9
a. Pre-Approval 9
b. Satisfactory Completion 9
c. Time Off 9
D. Membership Fees 9
i
INDEX PAGE NO.
V. HOLIDAYS AND LEAVES 10
A. Eligibility 10
B. Holidays 10
C. Vacation Leave 10
1 . Amount 10
2 . Accumulation 11
3 . When Taken 11
4 . Exempt Employees 11
D. Sick Leave 11
1. Accrual 11
2 . Use of Sick Leave 11
3 . Proof 12
4 . Family and Medical Leave 12
5 . Conversion 13
E. Bereavement Leave 14
F. Bone Marrow Donor Leave 13
G. Parenting Leaves 14
1 . Birth or Adoptive Leave 14
2 . School Conference and Activities Leave. . 14
H. Voting Leave 14
I . Jury or Witness Duty 15
J. Military Leave 15
K. Leaves Without Pay 15
1. Short Leave 15
2 . Long Leave 15
L. Absence Without Leave 16
VI . EMPLOYEE CONDUCT 17
A. Appropriate Conduct 17
1 . Teamwork • 17
2 . Courtesy 17
3 . Appropriate Conduct 17
4 . Affirmative Action 17
5 . Sexual Harassment Policy 17
a. Policy 17
b. Definition 17
c. Supervisory and Administrative
Responsibility 18
d. Employee Responsibility 18
e. Complaints 18
f . Investigation and Resolution 18
6 . Smoking Policy 19
a. Police Department 19
b. Fire Department 19
c. City Vehicles 19
7. Drug and Alcohol Policy 19
a. In General 19
b. Reporting 19
ii
INDEX PAGE NO.
c. Subject to Testing 20
1 . Routine Physical Examination
Testing 20
2 . Random Testing 20
3 . Reasonable Suspicion Testing. . 20
4 . Treatment Program Testing . . 20
d. Testing Procedure 21
e. Testing Laboratory 21
f . Test Results 21
g. Discipline 22
8 . Lawsuits Against the City 22
B. Work Hours and Rest Periods 22
1. Work Hours 22
2 . Rest Periods 23
C. Emergency Closing of City Facilities 23
D. Use of City Property 23
1 . City Property 23
2 . City Telephones 23
3 . City Vehicles 24
4 . City Name 24
5 . Employee Identification Cards 24
E. Personal Activities 24
1 . Use of Personal Vehicle 24
2 . Outside Employment 24
3 . Soliciting 25
4 . Political Activities 25
F. Conflicts of Interest 25
1. In General 25
2 . Participation in Federal Projects 25
G. Protected Information 25
1 . Disclosure of Information by Employees. . 25
2 . Release of Protected Information 26
3 . Personnel Files 26
H. Safety 26
1 . In General 26
2 . Hazardous Substances 27
3 . Accidents 27
4 . Traffic Tickets 27
VII . GRIEVANCES AND DISCIPLINE 28
A. Grievance Policy 28
B. Disciplinary Policy 28
1 . In General 28
2 . Exempt Employees 28
3 . Non-Exempt Employees 29
4 . Just Cause 29
5 . Disciplinary Action Steps for Non-Exempt
Employees 29
a. Oral Reprimand 29
b. Written Reprimand 29
iii
INDEX PAGE NO.
c. Suspension or Other Disciplinary
Action 30
i . Suspension With or Without Pay. 30
ii . Other Disciplinary Actions . . 30
d. Discharge 30
6 . Hearing 31
VIII . APPOINTMENTS 32
A. In General 32
B. Affirmative Action Policy 32
C. Promotion 32
D. Applications 32
E. Selection and Hiring 32
F. Pre-employment Exams 33
G. Accrued Leave 33
H. Probationary Employees 33
1 . Probationary Period 33
� 2 . Extension 34
3 . Discharge 34
4 . Completion 34
I . Temporary Employees 34
J. Family Conflicts 35
IX. SEPARATION 36
A. Duration of Employment 36
B. Resignation 36
1 . Procedure 36
2 . Unauthorized Absence 36
C. Retirement 36
D. Severance Pay 36
E. Lay-offs 36
1 . Procedure 36
2 . Benefits 36
3 . Return to Work 37
4 . Termination of Position 37
F. Discharge as Discipline 37
iv
II --
PERSONNEL HANDBOOK FOR
EMPLOYEES OF THE CITY OF SHAKOPEE
I. PURPOSE.
This Handbook is established to provide a uniform and equitable
system of personnel administration for employees of the City.
A. Goal. The goal of the personnel policies of the City is
to establish a career service and draw into this service
the best qualified individuals, making their employment
attractive through fair and equitable treatment, thereby
providing Shakopee with the best possible service at the
most reasonable cost .
B. Employees at Will. Exempt employees, temporary
employees, and probationary employees, as defined and
described below, are employees at will . Since exempt
employees exercise the greatest discretion, and their
actions reflect the most upon the City, the City Council
reserves the right to discharge these employees at any
time for any reason or for no reason at all . The
provisions of this handbook do not establish terms and
shall not be construed as contractual provisions for
exempt employees, temporary employees, or probationary
employees. No supervisor or City representative has any
authority to enter into any agreement for employment for
any specific period of time, or to make any agreement
contrary to the at-will doctrine. Nothing in this
Personnel Handbook, or in other City policies which may
be communicated to the employee, constitutes a contract
of employment for exempt employees, temporary employees,
or probationary employees.
C. Equal Employment Policy. The City of Shakopee is an
equal opportunity employer. The City of Shakopee 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, or age, unless such discrimination is based
on a bona fide occupational qualification.
D. Application and Conflicts. This handbook shall apply to
all employees when adopted, except union employees. It
shall apply to all union employees after their next
contract has been adopted, except where the union
contract differs. The personnel policies in effect prior
to the adoption of this handbook shall apply to all union
employees prior to adoption of their next contract . In
the event of conflict between this handbook and any
collective bargaining agreement, personal services
1
7
contract, civil service commission rule, City ordinance,
or state or federal law, the terms and conditions of that
contract, rule, or law shall prevail . A department may
adopt stricter rules than those included herein, which
shall govern over less restrictive provisions of this
handbook.
2
mr
II. DEFINITIONS.
For purposes of this Handbook, the following terms shall have the
following definitions when used herein.
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, and
4. Others not regularly employed in paid positions,
such as volunteers .
B. Exempt Employee - Means an employee exempt from
regulation by the Federal Fair Labor Standards Act,
including the following:
1. City Administrator
2 . Assistant City Administrator
3 . City Attorney
4. Assistant City Attorney
5. City Clerk
6. Finance Director
7 . Planning Director
8. Senior Planner
9. Assistant Planner
10. Police Chief
11. Deputy Chief of Police
12 . Director of Public Works/City Engineer
13 . Civil Engineer
14. Recreation Supervisor
15. Recreation Assistant
C. Full-Time Employee - Means an employee normally scheduled
to fill a position with an on-going regular work week of
at least forty (40) hours.
D. Probationary Employee - Means a regular employee who has
worked for the City for six months or less.
E. Non-Exempt Employee - Means an employee who is subject to
regulation under the Federal Fair Labor Standards Act,
specifically, all employees other than those listed above
as Exempt .
F. Part-Time Employee - Means an employee scheduled to fill
a position with a regular work week of less than forty
(40) hours.
3
rr
G. Position - Means a specific job, calling for the
performance of certain duties and having certain
responsibilities.
H. Regular Employee - Means an employee who is not a
temporary employee.
I. Temporary Employee - Means an employee who is appointed
for seasonal work or for a special project, generally for
a period of time not to exceed one year.
4
III. COMPENSATION.
A. Amount. Employees of the City shall be compensated
according to the schedule established by the City
Council . The wages or salary so established is the total
remuneration for employment; however, the City may
provide allowances for uniforms and cars, and
reimbursement for official travel, insurance, or other
expenses incurred in the conduct of official business in
accordance with City policy.
B. Base Pay. The pay schedule established by the City
Council establishes the base pay for each position.
Compensation for overtime, benefits, longevity, shift
differentials, and other items are in addition to the
base pay. For the purpose of calculating overtime for
police officers, base pay shall include detective pay as
well as longevity or performance pay, whichever is
applicable.
C. Comparable Worth. Employee compensation shall be based,
to the extent practicable, on the value of work measured
by the skill, effort, responsibility, and working
conditions normally required in the performance of the
work.
D. Paydays. Employees normally shall be paid bi-weekly on
alternate Thursdays. When a payday falls on a holiday,
employees shall receive their pay the preceding work day.
E. Performance Evaluation. The performance of City
employees shall be evaluated at least annually for the
purpose of communicating strengths and weaknesses to the
employee, as they relate to fulfilling the position
duties and responsibilities.
F. Compensatory Time and Overtime.
1. Non-Exempt Employees. Non-exempt employees shall
be compensated for work their supervisor requires
them to undertake in excess of 40 hours per week.
Hours taken as sick leave, vacation leave, or
holiday are considered hours worked. The
compensation shall be in cash or compensatory time
at one and one-half times their regular rate of
pay. Although the employee generally may choose
whether to receive the cash or compensatory time,
the City Administrator may override the employee' s
choice.
An employee' s department head may require the
employee to take compensatory time off within a
5
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 . Temporary and Part-Time Employees. Temporary and
part-time employees shall not be allowed to take
compensatory time off; rather, overtime shall be
paid for work performed in excess of 40 hours per
week as required by the Federal Fair Labor
Standards Act .
3 . Exempt Employees. Exempt employees shall not be
granted overtime compensation. However, exempt
employees also shall not be denied compensation for
any absence of less than one day, since the
employee is presumed to work 40 hours per week,
some during the regular work day, and some outside
those hours .
G. Pay Periods. The pay period for all employees 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) .
H. Deferred Compensation. Under the City' s deferred
compensation plan, a certain dollar amount can be
withheld from any employee' s paycheck and invested for
payment at a later date, usually at retirement .
Contributions to the program are financed solely by the
employee, through payroll deduction. Participation in
the deferred compensation plan is mandatory for
firefighters, temporary pool employees, and temporary
Public Works employees.
I. Retirement Benefits. Under state law, many City
employees must participate in the Public Employee' s
Retirement Association. Retirement benefits accrue from
both employee and employer contributions . Contributions
to the retirement system are mandatory and are deducted
from the employee' s salary each payroll period.
Firefighters receive retirement benefits through the
Shakopee Fire Department Relief Association.
6
IV. BENEFITS.
A. Eligibility. All regular employees shall become eligible
for and may receive certain benefits, as set forth below.
An employee
suspended without pay for more than one pay
period, or on a long leave of absence without pay, shall
not be eligible for any benefits and shall not be allowed
to use any benefits other than group health insurance,
life, or long term disability insurance as provided for
in the insurance policies. An employee on an unpaid sick
leave of more than 40 hours must pay the employer' s share
of benefits as well as the employee' s share, if the
benefits are to continue in effect, by the 5th of each
month, as set up at the time the leave is approved.
Part-time employees who do not regularly work 25 hours or
more per week and temporary employees are not eligible
for City benefits other than the continuing education
benefit .
B. Insurance. Long term disability insurance is provided to
all employees. Life insurance is provided to all
employees after thirty (30) days of continuous service.
Major medical and hospitalization insurance are offered
to all qualified regular employees after thirty (30) days
of continuous service. An employee may select
individual, two-party, or family coverage. The City
shall make a specified contribution per month toward the
cost of the coverage, and this contribution may differ
depending on the type of coverage selected. The
difference between the actual cost of the selected
coverage and the City' s contribution shall be deducted
from the employee' s biweekly paycheck. For those
employees selecting individual, two-party, or no
coverage, the City may return to the employee some of the
money saved by the City in not having to make its full
contribution to family coverage. The City may choose to
segregate retired employees from other employees for
pooling purposes in determining the premium for insurance
as allowed by state law.
Part-time employees who regularly work 25 hours or more
per week shall receive pro rata insurance benefits.
Suspended employees and employees on a short leave of
absence without pay shall receive insurance benefits as
if they were not suspended or on leave. Employees on a
long leave of absence without pay shall receive insurance
benefits in accordance with the insurance policy only if
the employee pays the full cost of the insurance.
Employees or dependents may elect to continue life,
hospital or medical insurance coverage beyond the date
7
that it would otherwise terminate as provided by federal
or state law.
C. Continuing Education.
1. Conferences and Seminars.
a. In General. The City may pay for conferences
and seminars which the employee' s department
head determines will contribute to the better
performance of the employee' s job and the
City' s business. To qualify for payment, the
employee must secure the prior approval of the
department head, who should verify that the
expenditure is budgeted. A conference or
seminar is a course which occurs in one
continuous block of time.
b. Meals. Meal expenses will be reimbursed upon
submission of receipts up to $35 per day for
conferences and other City business, unless a
different rate is approved by the City
Administrator. The City Administrator may
waive the requirement of a receipt .
c. Travel and Lodging. Travel and parking
expenses may be paid or reimbursed by the
City. Travel time will not be paid or
reimbursed if the destination is within the
seven county metro area. Regardless of the
number of hours spent at a conference, the
City will reimburse only a regular work shift
per day. The City will pay for coach airfare
when it is estimated that flying is cheaper
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.
d. Excluded Expenditures. The City will not pay
for alcoholic beverages, entertainment,
personal telephone calls (other than one of no
more than five minutes to home per day for
overnight stays) , and other personal items not
specifically designed to benefit the City.
Absences for longer than two weeks may have
8
additional telephone calls authorized by the
City Administrator.
e. Time Off. Employees will be allowed to take
time off for a conference or seminar without
loss of leave time or pay, if the time off
does not disrupt or interfere with normal
departmental operations and if the employee
has secured the prior approval of the
employee' s department head.
2 . Employee Tuition Policy. The City may reimburse a
regular employee for tuition expenses under certain
circumstances. There shall be no reimbursement for
mileage/parking expense. Required books, lab fees,
and material costs will be reimbursed. Tuition
expenses are available for a course occurring in
non-continuous classes over a period of time.
a. 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 within the department . The
department head should verify that the
department budget can cover this expense.
b. Satisfactory Completion. The employee shall
provide the department head with proof of
satisfactory completion (i.e. , a grade of C or
above in technical school or undergraduate
college; a grade of B or above in graduate
school) of any course requested for
reimbursement, prior to reimbursement .
c. Time Off. If classes are during the regular
work day, 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. Classes or
course work taken by the employee must not
disrupt or interfere with the normal
departmental operations.
D. 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.
9
71
V. HOLIDAYS AND LEAVES.
A. Eligibility. All regular employees may take certain
holidays and leaves, as set forth below. Employees
suspended without pay for more than one pay period, or on
unpaid leave of absence, shall not accrue or be allowed
to use any accrued leave. Except as otherwise provided
below, part-time employees who do not regularly work 20
or more hours per week and temporary employees do not
accrue and will not be paid for holidays and leaves.
Other part-time employees shall receive holiday pay on a
pro rata basis, based on their hours regularly worked per
week divided by 40 .
B. Holidays. Regular employees who regularly work 20 or
more hours per week are entitled to time off with pay on
holidays. City offices shall be closed for business on
each such holiday, but employees may be required by their
department heads to work on holidays when the nature of
their duties or other conditions require. An employee
required to work on a holiday shall be paid or receive
compensatory time at the rate of one and one-half times
the employee' s base pay, plus the employee' s regular rate
of pay for the holiday. 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. If a holiday occurs during an employee' s
scheduled vacation, it shall not be counted as part of
said vacation. The following days are paid holidays :
HOLIDAY CELEBRATED DATE
New Year' s Day January 1
Martin Luther King Day Third Monday in January
Washington' s and Lincoln' s Birthday Third Monday in Feb.
Floating Holiday Friday Before Easter
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11th
Thanksgiving Day Fourth Thursday in Nov.
Friday after Thanksgiving Friday after Thanksgiving
Christmas Day December 25th
C. Vacation Leave.
1. Amount. All regular employees who regularly work
20 or more hours per week shall accrue vacation
leave on a bi-weekly basis. For full-time
employees it shall accrue in accordance with the
following schedule:
10
7
0-5 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
For part-time regular employees it shall be
computed on the basis of (hours compensated for
work per week) divided by (40 hours per week) times
the number of hours specified above.
2 . Measurement. Each twelve months of employment with
the City of Shakopee shall count as one year of
employment for the purpose of vacation leave. Each
twelve months of related employment with another
employer shall count as one-half year of employment
for the purpose of vacation leave.
3 . Accumulation. Employees who have 0-15 years of
employment may accumulate no more than 240 hours of
vacation leave. Employees who have 16 or more
years of employment may accumulate no more than 360
hours of vacation leave. In 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. Forty extra hours of leave per
year shall accrue on a bi-weekly basis for exempt
employees.
D. Sick Leave.
1. Accrual. All regular employees who regularly work
20 or more hours per week shall be entitled to sick
leave with pay. This leave shall accrue at the
rate of 3 . 69 hours on a bi-weekly basis .
For part-time regular employees, sick leave shall
computed on the basis of (hours compensated for
work per week) divided by (40 hours per week) times
3 . 69 hours per two week period.
2 . Use of Sick Leave.
11
a. For the employee. Sick leave may be
authorized by the department head for an
employee not on any other leave when the
employee is unable to perform work duties due
to illness,
sability, the necessityfor
or
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. Employees may use sick leave for
the illnesses of their children under the age
of 18 (or who is incapable of self-care
because of a physical or mental disability)
for such reasonable periods as the employee' s
attendance with the child may be necessary.
c. For a spouse. Employees may use sick leave
for the care of a spouse, who has a serious
health condition, subject to the conditions
listed below.
d. For other relatives. Sick leave also may be
granted for a maximum of three consecutive
work days for each serious illness of the
employee' s adult child, sibling, parent,
father-in-law, mother-in-law, son-in-law,
daughter-in-law, grandparent, grandchild, or
any relative residing permanently with and
dependent upon the employee.
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 of the start of
the employee' s workday) to the employee' s
department head the reason for the absence for each
day of absence; and (b) keep the department head
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.
4. Family and Medical Leave.
a. Eligibility. An employee who has been
employed by the City for at least 12 months
and has worked at least 1250 hours in the
12
preceding 12 months is eligible for additional
family and medical leave. After the depletion
of sick leave for a child or spouse, an
employee must use up all compensatory time,
and may use vacation time, then an unpaid
leave of absence shall be granted to finish
out a leave of no more than twelve weeks in
order to care for a seriously ill child or
spouse as provided in 29 U.S.C.A. Sec. 2611 et
seq. An unpaid leave of absence of no more
than twelve weeks shall be granted in order to
care for a seriously ill parent . This leave
may be taken only once in each 12-month
period. The 12-month period for unpaid leave
shall be measured forward from the date the
employee' s first FMLA leave begins.
b. Notice Prior to Leave. Thirty days' prior
notice is required if the leave is
foreseeable. If thirty days' notice is not
possible, as much notice as practical must be
given. Planned medical treatment should be
scheduled so that it will not unduly disrupt
the City' s operations.
c. Certifications. Certification by the
employee' s physician may be required for FMLA
leave due to the employee' s serious health
condition or that of a child, parent, or
spouse. A second opinion may be requested by
the City, and if requested, will be paid for
by the City. An employee must periodically
re-certify the sick person' s medical
condition.
d. Return to Work. An employee must restate the
employee' s intent to return to work after the
leave. The City may require a medical
certificate attesting to the employee' s
fitness for duty prior to return to work,
which must address whether the employee can
perform the essential functions of the job.
An employee will return to the same or an
equivalent position upon return from FMLA
leave, except that an employee returning from
FMLA leave caused by a child with a serious
health condition will be returned to the same
position.
5. Conversion. Employees who have accumulated more
than 160 hours of sick leave may elect to convert a
portion of their sick leave to vacation leave.
13
Such conversion shall be limited to sixty hours of
sick leave, and may be converted at a rate of three
hours of sick leave to one hour of vacation leave.
If an employee elects to convert sick leave, the
election must be in writing and be made once each
payroll year at a time and in a manner established
by the City Administrator.
E. Bereavement Leave. Three consecutive work days may be
taken as bereavement leave for each occurrence of death
of the spouse, death of any relative residing permanently
with and dependent upon the employee, or death of any
child, parent, sibling, grandparent, or grandchild of the
employee or of the employee' s spouse.
F. Bone Marrow Donor Leave. As prescribed by Minn. Stat .
Sec. 181. 945, certain employees are eligible to take paid
leave to undergo medical procedures to donate bone
marrow.
G. Parenting Leaves.
1. Birth or Adoptive Leave. As prescribed by Minn.
Stat . Sec. 181. 940 - 181 . 944, and 29 U.S.C.A. Sec.
2611 et seq. , certain employees are eligible to
take an unpaid leave of absence for up to twelve
weeks in connection with the birth or adoption of a
child. Accrued paid vacation and sick leave (if
applicable) must be used up prior to using unpaid
leave. When the leave is foreseeable based on an
expected birth or adoption, the employee shall
provide the employee' s department head with at
least thirty days' notice prior to taking birth or
adoptive leave. Group insurance coverage will
remain in effect during the leave in accordance
with the insurance policies, if the employee pays
all costs including the employee contribution.
2 . 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 to 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 approval of the
14
employee' s department head. Each employee shall notify
the department head prior to being absent .
I. Jury or Witness Duty. When an employee performs jury
duty or is subpoenaed as a witness in cour or
voluntarily serves as a witness in a case in whic. the
City is a party, the employee is entitled to compens•:tion
from the City equal to the difference between the
employee' s regular pay and the amount received as a i uror
or witness. An employee who receives notice of jury duty
or witness service shall notify the employee' s super isor
immediately in order that arrangements may be ma.e to
cover the employee' s position.
J. Military Leave. Every employee to whom Minn:sota
Statutes Section 192 .26 or 192 .261, or U.S.C. Titl: 38,
Sec. 2021 applies is entitled to the benefits 'hose
sections list, subject to the conditions in the law An
employee promoted or hired to fill a vacancy creat=d by
a person being on military leave may be appointed to the
position subject to the return of the absent employe:- , if
the law so provides. Upon such return, a pro oted
employee may be restored to the employee' s ori•inal
position or an equivalent position. A replac=ment
employee may be subject to layoff if no other position is
available, if the law so provides.
R. Leaves Without Pay.
1. Short Leave. Each department head may grant any
regular employee a leave of absence upon re.iuest
without pay for up to 5 hours in any week. In
addition, the City Administrator may grant any
regular employee a leave of absence without pa for
up to 40 hours per calendar year, upon the
recommendation of the department head. Whit- on
short leave of absence, the employee shal be
treated in all respects as if the employee ere
working, including receiving benefits, except the
employee shall forego the employee' s salary.
2. Long Leave. The City Administrator may grant any
regular employee a leave of absence without pay for
a period not exceeding 90 days for caeer
advancement, or for personal or family situations.
Under no circumstances may an employee use a 1-ave
of absence to work for another employer o to
pursue self-employment . The City Council may
extend such leave to a maximum period of one ear
if the employee is disabled or where the , ity
Council finds extraordinary circumstances war ant
such extension. No benefits or leaves shall ac. rue
15
or maybe used (except insurance) while the
P
employee is on a long leave of absence without pay.
A employee on an approved long leave of absenc- may
continue the employee' s insurance coverag- by
paying the employer' s share of benefits as well as
the employee' s share to the City in advance b, the
5th of each month for each full or partial onth
during which the employee is absent, as set p at
the time the leave is approved.
L. Absence Without Leave. An employee who is absenu and
fails to report the reason to the employee' s super isor
within one hour following the start of the emplo, ee' s
workday shall be subject to discipline, which may in lude
deduction of pay for the period of absence.
16
aIIIMOMMMMM
VI. EMPLOYEE CONDUCT.
A. Appropriate Conduct.
1. 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 their 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.
2 . 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.
3 . Appropriate Conduct. Each employee shall dress and
behave in a manner which is a credit to the City.
No employee shall fail to obey the lawful orders of
the employee' s supervisor or the City
Administrator. No employee shall accept a gift
from a person or representative of a person or
association that has a direct financial interest in
a decision that the employee is authorized to make,
except as permitted under Minn. Stat . Sec. 471 . 895,
Subd. 3 . No employee shall willfully make a false
statement or falsify any City document .
4. Affirmative Action. Any employee of the City who
does not comply with the Equal Employment
Opportunity laws and regulations will be subject to
disciplinary action.
5. Sexual Harassment Policy.
a. Policy. Sexual harassment in any form against
any employee or member of the public will not
be tolerated. 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 .
b. Definition. Sexual harassment includes
unwelcome sexual advances, requests for sexual
17
faMMIMIIIII
vors, sexually motivated physical con act,
or other verbal or physical conduc or
communication of a sexual nature, as
prohibited by Minn. Stat . Chapter 363 .
c. Supervisory and Administrative Responsibiu ity.
No supervisor shall engage in s-xual
harassment . If any discriminator or
unreasonable conduct is observed, the
offending person or people must be ask:d to
stop immediately and advised that discipline
will follow if they continue in this beha ior.
All incidents or recurrences shoul. be
reported as described below.
d. Employee Responsibility. Employees .hall
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 substantiat=d to
the extent possible. The offending person or
people should be told that the employee iinds
the conduct offensive. Such conduct shou d be
immediately reported to the department head or
the City Administrator, as described bel.w.
e. Complaints. Complaints of sexual haras-ment
shall be dealt with fairly and evenhand=dly.
The dignity of all the parties involved -hall
be considered. Any employee who believes that
the employee has been harassed, or has
witnessed sexual harassment, should pro 1.tly
report the facts of the incident or inci•ents
and the names of the individuals involve• to
the employee' s department head, or to the ity
Administrator. Department heads scall
immediately report any and all such compla'nts
to the City Administrator and shall assis in
investigating the complaint . If a depart ent
head is the alleged perpetrator, complaints
should be made directly to the ity
Administrator or the City Attorney.
f. Investigation and Resolution. A thor.ugh
investigation of the complaint shall be
completed by the City Administrator withi 30
days. The investigation may include
interviews with all relevant individuals and
will be conducted in such a manner as to
preserve the confidentiality and rights of all
parties concerned to the fullest ex ent
18
II
possible. Upon review of the results of the
investigation, the City Administrator may
recommend:
i. Counseling with affected employees to
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;
ii. Discipline, including discharge.
6. Smoking Policy. No smoking is permitted in any
City building or vehicle except as follows :
a. Police Department. People under extreme
stress who come into the police department,
such as defendants and witnesses, may be
allowed to smoke.
b. Fire Department. Smoking is permitted as
specified in the Fire Department' s by-laws.
c. City Vehicles. Smoking is permitted in
assigned vehicles only, if no one in the
vehicle objects.
7 . Drug and Alcohol Policy.
a. 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. 950 et seq. and applicable
federal law.
b. 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
work day or while conducting City business. A
report of the conviction must be made within
five days after the conviction as required by
the Federal Drug-free Workplace Act of 1988 .
19
7
c. Subject to Testing. Employees are subject to
drug and alcohol testing in the following
circumstances:
i. 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.
ii. Random Testing. An employee in a
position in which an 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.
iii. 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 violated this drug
and alcohol policy; 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 .
iv. 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
during the evaluation or treatment period
and for a period of up to two years
following completion of any prescribed
chemical dependency treatment program.
20
7
d. Testing Procedure. The drug and alcohol
testing may be ordered by any department head
or the City Administrator. Before undergoing
drug or alcohol testing, the employee shall
complete a form (1) acknowledging that the
employee has seen a copy of the City' s drug
and alcohol policy, and (2) indicating any
over-the-counter or prescription medications
that the employee is currently taking or has
recently taken and any other information
relevant to the reliability of, or explanation
for, a positive test result, and (3)
indicating consent to undergo the drug and
alcohol testing.
e. Testing Laboratory. All drug and alcohol
testing shall be handled by a laboratory
meeting all requirements of state law,
including those set forth in Minn. Stat . Sec.
181. 953 .
f. 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
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 .
At this time the employee has a right to
request and receive a copy of the test result
report . If the report shows a positive test
result on the confirmatory test, the employee
has the right, within five working days after
notice of the positive test result, to submit
information to the City to explain that
result, or to request a confirmatory retest of
the original sample at the employee' s own
expense.
The City shall follow the statutory procedures
and provide the employee with proper notices.
If the confirmatory retest does not confirm
the original positive test result, no adverse
personnel action based on the original
21
7
confirmatory test shall be taken against the
employee.
g. Discipline. An employee has 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
subject an employee to discipline, including
discharge. 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. 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. Appeals may be taken under the
grievance policy.
8. Lawsuits Against the City. No employee may discuss
matters involved in lawsuits against the City with
any party involved in suing the City. All
questions pertaining to lawsuits shall be referred
to the City Attorney. All City employees must
notify their supervisor in the case of incidents
involving potential lawsuits within one day. The
supervisor must report, in writing, to the City
Attorney within one week.
B. Work Hours and Rest Periods.
1. Work Hours. The regular work day for employees is
an eight-hour work day, from 8 : 00 a.m. to 4 :30
p.m. , with a one-half hour lunch break, Monday
through Friday, except as otherwise established by
22
the department head in accordance with the custom
and needs of the department . Every employee shall
be ready to begin actual operations at the
employee' s place of work at the specified starting
time. A department head may modify the work hours
for an employee to include fewer hours, if the
employee has worked more than four hours overtime
during the previous two pay periods.
2 . Rest Periods. Each employee may take a 15-minute
rest period in each half of the employee' s shift .
Employees required to work additional shifts shall
be entitled to additional 15-minute rest periods .
Each department head may schedule rest periods so
as not to interfere with work requirements.
C. Emergency Closing of City Facilities. When the City
Administrator or Mayor determines that circumstances
exist which pose a threat to the safety of employees and
public patrons, or which prohibit the normal use of the
City' s facilities, that person may declare an emergency
and direct the official closing of facilities.
Notification shall be by City Hall intercom, telephone
contact, and/or WCCO (AM radio) , as appropriate.
Employees may record the time missed as vacation or
accumulated compensatory time, or they may choose to take
the time without pay.
Those employees required to work by virtue of the nature
of their position shall not receive extra compensation,
but shall be compensated in accordance with existing
union contracts or the City pay plan.
D. 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. No employee shall
access the files of an employee outside his or her
department, unless specifically authorized by a
department head.
2 . City Telephones. Telephones are for City business.
Any personal telephone calls should be infrequent
and brief. Employees in City Hall shall fill out a
long distance telephone log for each long distance
telephone call made, and submit the log to the
Finance Department. Personal long distance
telephone calls may be made, provided they are made
23
on a collect or calling card basis during a
scheduled break period, or if specifically
authorized otherwise by the department head.
3 . 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 Police Chief, the Fire
Chief, and one other Fire Department official may
use a City vehicle for commuting as well as for
official City business, so that they have a vehicle
available for emergency responses .
4. 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.
Promises on behalf of the City may not be made
without the prior approval of the employee' s
department head. Contracts may not be entered into
without the prior approval of the City Council .
5. Employee Identification Cards. All regular
employees shall be provided with employee
identification cards. Cards also may be issued to
other employees who require City identification
while working in remote job sites. Each employee
is responsible for 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.
E. Personal Activities.
1. Use of Personal Vehicle. Any employee who uses the
employee' s personal vehicle for City business must
have insurance. The City may reimburse the
employee at the maximum rate allowed by the
Internal Revenue Service for business use of a
personal vehicle without the reimbursement being
taxable income.
2 . Outside Employment. Employees must devote all work
time to City business . No work relating to outside
employment may be performed during work time.
An employee who joins the fire department must
report this to the employee' s department head. For
pay purposes, time spent on fire calls shall be
deducted from the time spent on the regular job,
and shall be reported and paid on the fire payroll .
24
7
All
benefits and leaves shall continue to accrue
without regard to time spent on fire calls.
3 . Soliciting. No employee shall actively solicit
membership in or contributions to any organization
or cause during regular work hours.
4. Political Activities. As provided in Minn. Stat.
Sec. 211B. 09, an employee or official of the 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
pay or promise to pay a political contribution, or
(3) to take part in political activity.
F. Conflicts of Interest.
1. In General. City employees must be exceedingly
careful to avoid a conflict of interest and 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, nor
with a business or person with whom that employee
has a financial interest or involvement. An
employee may be requested to resign from outside
employment, or from the employee' s position, if the
conflict is irreconcilable and the employee' s
department head and the City Administrator cannot
find another way around the conflict.
2 . Participation in Federal Projects. The City may
undertake projects under federal contract or with
federal funds. City employees who exercise certain
functions or responsibilities with respect to these
federal projects, during their tenure with the City
and for a period of one year after terminating
employment with the City, are prohibited from
having any interest, direct or indirect, in any
contract or subcontract or the proceeds thereof,
for work performed under the federal project . In
addition, employees are prohibited from soliciting
or accepting gratuities, favors, or anything of
monetary value from potential contractors or
contractors to be hired for federal projects.
Employees violating this provision shall be subject
to disciplinary action.
G. Protected Information.
1. Disclosure of Information by Employees. As
provided in Minn. Stat. Sec. 181 . 932, the City
25
shall not discharge,sc arge, discipline, threaten,
otherwise discriminate against, or penalize an
employee regarding the employee' s compensation,
terms, conditions, location, or privileges of
employment because: (a) the employee, or a person
acting on behalf of an employee, in good faith,
reports a violation or suspected violation of any
federal or state law or rule adopted pursuant to
law to an employer or to any governmental body or
law enforcement official; (b) the employee is
requested by a public body or office to participate
in an investigation, hearing, or inquiry; or (c)
the employee refuses a supervisor' s order to
perform an action that the employee has an
objective basis in fact to believe violates any
state or federal law or rule or regulation adopted
pursuant to law, and the employee informs the
supervisor that the order is being refused for that
reason. Notwithstanding the above, the City
reserves the right to take action against an
employee who makes statements or disclosures
knowing that they are false or that they are in
reckless disregard of the truth.
2 . Release of Protected Information. The release of
private or protected information in violation of
Minn. Stat . Chapter 13 may be cause for discipline.
3 . Personnel Files. Personnel files shall be
maintained by the City Administrator or the City
Administrator' s designee. The files are not
available to the public except as provided by law.
The City Administrator, City Attorney, and an
employee' s department head are authorized to view
an employee' s file at any time. Upon written
request by an employee to the employee' s department
head, 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.
H. 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 death or serious injury must be
reported on the First Report of Injury form, which
26
is available from the payroll clerk. The form is
required each time an injury results in an employee
being unable to work. Any employee who notices an
unsafe condition is encouraged to 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 Minn. Stat . Sec. 182 . 65 to
182 . 675 shall be trained before being assigned or
reassigned 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 which
the employee reasonably believes present an
imminent danger of death or serious physical harm
to the employee.
3 . Accidents. An employee who has an accident while
on City business or while operating a City vehicle,
must take the following steps : (1) if the employee
is qualified, assist any injured person.
Otherwise, get assistance. (2) Call for an
ambulance, if appropriate. (3) Call the Police
Department if the accident involves a vehicle. (4)
Obtain the names of witnesses to the accident . (5)
Report the accident to the employee' s supervisor
and file any necessary reports.
4. Traffic Tickets. An employee who regularly drives
a City vehicle as a part of the employee' s job, and
who receives a traffic ticket other than a parking
ticket, must report the traffic ticket to the
employee' s supervisor during the employee' s next
work shift . This provision applies regardless of
whether the ticket is received during or outside of
work hours.
27
VII. GRIEVANCES AND DISCIPLINE.
A. Grievance Policy. It is the policy of the City insofar
as possible to prevent the occurrence of grievances and
to deal promptly with those which occur. When an
employee grievance comes to the attention of a
supervisory employee, the supervisor shall discuss the
relevant circumstances with the employee, consider and
examine the causes of the grievance, and attempt to
resolve it.
An employee will not be required by the City to
participate in an investigatory interview where the
information gained from such interview could lead to
discipline of the employee, unless the employee has been
given the right to have a union representative or third
party of the employee's choice present at the interview.
This third party has no right to interfere with or
participate in the interview, but rather is present
merely to act as a witness.
If the grievance is not dealt with satisfactorily at the
interview, the grievance may be carried up to the next
higher administrative level, including the City Council .
If the grievance relates to sexual harassment, the
procedure set forth in the sexual harassment section
shall control .
B. Discivlinary Policy.
1. 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. All disciplinary actions
short of dismissal shall be handled by the
employee's department head or the City
Administrator.
2 . Exempt Employees. The supervisor of an exempt
employee shall investigate any allegation regarding
the exempt employee on which disciplinary action
might be based before any disciplinary action is
taken. Progressive discipline is not required for
exempt employees, and exempt employees may not be
suspended without pay. The City Administrator may
suspend an exempt employee with pay. Subject to
state law on veterans' preference, and subject to
Minn. Stat. Sec. 181. 931 et seq. , an exempt
employee may be discharged from the City' s service
by the City Council for any or no reason.
28
3 . Non-Exempt Employees. Every disciplinary action
against a non-exempt employee shall be for just
cause, and the non-exempt employee may demand a
hearing or use the grievance procedure above with
respect to any disciplinary action which the
employee believes is either unjust or
disproportionate to the offense committed. The
department head shall investigate any allegation
regarding a non-exempt employee on which
disciplinary action might be based before any
disciplinary action is taken.
Discipline of non-exempt employees will be based,
where possible, 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 failures to fulfill a non-exempt employee' s
duties and responsibilities . These include, and
are not limited to, properly performing all job
responsibilities set forth on the employee' s job
description, complying with this Personnel
Handbook, insubordination, actions or inactions
which give the appearance of impropriety, and
exhibiting a disregard for the need to maintain the
public' s pride in the City and City government .
5. Disciplinary Action Steps for Non-Exempt Employees.
Except for severe infractions, disciplinary action
against a non-exempt employee shall be progressive
and shall follow the steps listed below in order:
a. Oral Reprimand. The non-exempt employee' s
department head may give the employee an oral
reprimand for the first or a non-severe
infraction. A written note may be placed in
the employee' s personnel file indicating that
an oral reprimand was given.
b. Written Reprimand. A written reprimand shall
state that the employee is being warned for
misconduct; describe the misconduct; include
timetables and goals for improvement when
appropriate; and outline future penalties
should the problem continue. The non-exempt
employee' s department head shall give the
employee a copy of the reprimand and the
29
`I
employee
shall sign the original acknowledging
that the employee has received the reprimand.
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. In
the sole discretion of the City Administrator,
disciplinary action regarding a non-exempt
employee may be either suspension or one of
these other actions.
i. Suspension With or Without Pay.
Depending on the seriousness of the
allegations, the City Administrator may
suspend a non-exempt employee either with
or without pay. Prior to suspension or
as soon thereafter as possible, a non-
exempt employee shall be notified in
writing of the reason for the suspension,
its length, and whether it is with or
without pay. The notice also shall
outline what further discipline the
employee will face should the misconduct
continue. A non-exempt employee may be
suspended pending investigation of an
allegation. If the suspension was
without pay and the investigation shows
that the allegation of misconduct was
partially or completely false, the
employee shall be provided with back pay
for a portion or all of the period of the
suspension. A copy of each written
statement regarding the suspension shall
be placed in the employee' s personnel
file.
ii. Other Disciplinary Actions. A non-exempt
employee also may be disciplined through
(1) involuntary demotion; (2) forced
transfer to a comparable position, as
determined by the City Administrator; (3)
being placed on probation; (4)
withholding a salary increase; or (5)
decreasing the employee' s salary. A copy
of each written statement regarding the
disciplinary action shall be placed in
the employee' s personnel file.
d. Discharge. A non-exempt employee may be
discharged by the City Council only for just
30
cause. A non-exempt employee will be notified
at the time of discharge of the employee' s
right to make a written request for the City' s
reasons for the discharge, pursuant to Minn.
Stat . Sec. 181. 931 et seq.
6. Hearing. In any case of discipline under (c) or
(d) above, the non-exempt employee may appeal to
the City Council, provided the request for an
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 . In addition, no veteran shall be discharged
except in accordance with Minn. Stat . Sec. 197 .46
et seq.
31
7
II
VIII. APPOINTMENTS.
A. In General. New employees shall be selected by the City
Council on the basis of their qualifications for the
position. Vacancies shall be filled by qualified current
employees whenever possible. Whenever a position is
vacant or the position holder is absent, the City
Administrator may designate an individual to temporarily
fill a vacant position as "Acting" , except for the
position of City Clerk, where the City Council must
appoint a deputy clerk.
B. Affirmative Action Policy. No person shall be employed,
promoted, demoted, or discharged by the City or in any
way favored or discriminated against because of political
opinions or affiliations, race, color, creed, religion,
national origin, sex, disability, marital status, sexual
orientation, or status with regard to public assistance,
or because of the exercise of rights under Minn. Stat .
Sec. 179A. 01 to 179A.25 . No person who is over the age
of 18 years shall be discriminated against with reference
to City employment in any way forbidden by federal or
state law.
The City will seek to ensure that all employment
practices are free of such discrimination. Such
employment practices include, but are not limited to, the
following: appointment, promotion, demotion, transfer,
layoff, disciplinary action, discharge, compensation, and
selection for training, including apprenticeship.
C. Promotion. A department head may ask the City Council to
allow the promotion of an employee from the employee' s
current position to a similar, more responsible, position
in the same department . If the employee' s experience and
the needs of the City warrant the promotion, the City
Council may abolish the current position, establish the
more responsible position, and promote the employee into
the more responsible position without following the
procedures for filling vacant positions .
D. Applications. All applicants for a position with the
City of Shakopee are required to 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.
E. Selection and Hiring.
Current City employees are encouraged to better
themselves. Therefore, the City Administrator may choose
32
to make a vacant position promotional and available first
to current employees. Any qualified City employee may
apply for the position by submitting a completed
application to the City Administrator or the City
Administrator' s designee. The department head may choose
to recommend selection of such an employee, or may
forward those applications to the Scott County Personnel
Department to review and rank along with other
applications.
Applications for positions other than promotional
positions and police department employees are handled
through the Scott County Personnel Department . After
review and ranking by that department, the highest
ranking applicants shall be reviewed by City staff. The
Police Civil Service Commission reviews applications for
police department employees. The department head will
recommend to the City Administrator a candidate and a
salary to be offered. The selected candidate shall be
offered the position subject to City Council approval and
passing a pre-employment physical exam. As soon as
practicable, the City Council shall approve or reject the
selected candidate.
F. Pre-employment Exams. All selected non-promotional
candidates must take and pass a pre-employment physical
exam, including drug or alcohol testing. The City also
may require a promotional candidate to take and pass a
pre-employment physical, including drug or alcohol
testing. The City may require any candidate to take a
psychological test. The City will pay for any required
testing, as well as any required follow-up testing. In
all respects the candidate shall be treated like an
employee for purposes of the drug and alcohol testing,
and shall be subject to the City' s Drug and Alcohol
Policy, except as follows :
1. If a candidate refuses to undergo drug or alcohol
testing, the candidate shall be deemed to have
withdrawn the candidate' s application for
employment .
2 . If the candidate undergoes the test and there is a
positive test result in a confirmatory test and in
any confirmatory retest, the City will withdraw the
contingent offer of employment if the City
determines in accord with the Minnesota Human
j Rights Act that alcohol or drug usage or abuse: (1)
prevents the job applicant from performing the
essential functions of the job in question; or (2)
constitutes a direct threat to property or the
33
I
safety of others; or (3) otherwise interferes with
a bona fide occupational qualification.
G. Accrued Leave. At the time of hire, the City Council may
grant a new employee up to 40 hours of accrued vacation
leave, accrued sick leave, or both, calculated at one-
half the rate given for time with the City, based on
months of related employment with another employer.
H. Probationary Employees.
1. Probationary Period. All employees shall be
required to successfully complete a six month
probationary period when they are first hired,
promoted, transferred, re-employed, or reinstated
to a position. This intensive review period shall
be utilized for observing 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 . Extension. The probationary period may be extended
for an additional six (6) months at the City
Administrator' s discretion.
3 . Discharge. The City Council may discharge an
employee at any time during the probationary period
if, in the City Council' s opinion, the employee is
unable or unwilling to perform the duties of the
position satisfactorily or that the employee' s
habits and dependability do not merit continuance
in the position. A non-exempt employee so
discharged shall be notified in writing of the
reasons for the discharge and shall not have the
right to appeal unless the employee is a veteran,
in which case the statutory procedure shall be
followed. A regular employee undergoing probation
after being promoted or transferred, who is
discharged during the probationary period, may be
reinstated in the employee' s previous position if
that position has not been filled and if, in the
City Council' s opinion, the employee would be able
to satisfactorily perform the duties of that
position. An employee undergoing probation after
being first hired or re-employed, who is discharged
during the probationary period, will not receive
payment for accrued vacation or sick leave upon
discharge.
4. Completion. Shortly before the expiration of the
probationary period, the department head shall
34
notify the City Council in writing whether or not
the services of the employee have been satisfactory
and recommend that the employee be either retained
or discharged, or the probationary period extended.
I. Temporary Employees. The City may hire temporary
employees for seasonal work or for a special project .
Temporary employees do not have the protection granted
regular non-exempt employees in this handbook, and may be
discharged at will .
The employment process for seasonal and temporary
employees follows the same procedures as for regular
employees except as follows :
Previous temporary employees, upon recommendation by the
department head, may be rehired within two years without
use of an open application process. The City
Administrator or the City Administrator' s designee may
notify those individuals by letter, informing them of
current seasonal positions available and offering them
first chance for filling those positions. If they do not
respond by the designated deadline, the remaining
vacancies shall be filled by new applicants . City
Council action is not required for temporary positions .
J. Family Conflicts. No person shall be appointed,
promoted, or transferred to a position where that person
would be working on a daily basis with, 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. This paragraph
does not apply to part-time or temporary employees.
35
IX. SEPARATION.
A. Duration of Employment. Subject to state law on
veterans' preference, Minn. Stat . Sec. 181. 931 to
181 . 935, and any applicable labor agreement, the City may
discharge or separate an exempt employee from employment
at any time for any or no reason. A non-exempt employee
may be discharged as a disciplinary action, or as set
forth below.
B. Resignation.
1. Procedure. Any City employee wishing to leave the
City' s service in good standing shall file with 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
shall be cause for denying such employee future
employment with the City and denying severance
benefits.
2 . Unauthorized Absence. Unauthorized absence from
work for a period of three (3) consecutive working
days may be considered by the City Administrator as
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. Severance Pay. Any regular employee leaving the
municipal service in good standing after giving proper
notice of such termination of employment shall be
compensated for all accrued and unused vacation leave and
compensatory time, plus an amount equal to forty-five
percent of the value of accrued and unused sick leave up
to a maximum of 960 hours.
E. Lay-offs.
1. Procedure. After at least two weeks notice to the
employee, the City Council may lay off any regular
employee when a position is not currently needed
but is anticipated to be filled again within one
year. No regular employee shall be laid off while
there is a temporary employee serving in the same
position for which the regular employee is
qualified, eligible, and available.
2 . Benefits. No benefits or leaves shall accrue or
may be used (except insurance) while the employee
36
is laid off. A laid off employee may continue the
employee' s insurance coverage by paying the
employer' s share of benefits as well as the
employee' s share to the City in advance by the 5th
of each month for each full or partial month during
which the employee is laid off. The City
Administrator shall authorize a laid off employee
to be paid for vacation or compensatory time, if
requested by the employee.
3 . Return to Work. A laid off employee must keep the
City informed of the address and telephone number
where the employee can be contacted. If the City
is unable to contact the employee within seven (7)
calendar days, the City' s obligation to reinstate
the employee shall cease and the employee shall be
separated from City employment by the City Council .
The employee shall be entitled to receive severance
benefits.
4 . Termination of Position. If the position is not
filled again within one year, the position shall be
terminated automatically and the employee shall be
entitled to receive severance benefits .
F. Discharge as Discipline. An employee may be discharged
as a part of disciplinary action taken against the
employee. Severance pay (other than compensatory time)
will not be granted to employees discharged as a part of
the disciplinary action.
37
RECEIPT OF PERSONNEL HANDBOOK
I, the undersigned employee of the City of Shakopee, hereby
acknowledge that I have received a copy of the Personnel Handbook
for Employees of the City of Shakopee. I agree to follow the
policies set forth in it, and all amended and additional policies.
I have read and understand this page, and all my questions
about this information have been answered.
Date Signature
Printed Name
[9MEMO2]