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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]