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Res 1985 - 107 Personnel Code for the City of Mendota HeightsPERSONNEL CODE FOR CITY OF MENDOTA HEI G H T S /01 December, 1985 TABLE OF CONTENTS Section 1. Purpose Section 2. Scope of Resolution Section 3. Appointment Procedure Section 4. Physical Examinations Section 5. Probationary Periods Section 6. Promotions Section 7. Permanent Employees Section 8. Work Week' and Work Days Section 9. Over -time Compensation Section 10. Vacation Leave Section 11. Personal Leave/Extended Disability Protection Section 12. Funeral Leave Page 1 1 1 1, 2 2- 3 3, 4 4 4 4, 5 5, 6 6; 7 Section 13. Group Insurance 7 Section 14. Holidays 7;"8. Section 15. Rest Periods 8 Section 16. Special Leave Section 17. Leave of Absence Without Pay Section 18. Compensation Section 19. Pay Days Section 20. Educational Incentive - Tuition Refund Section 21. Resignation Section 22. Grievance Policy Section 23. Lay-offs Section 24. Disciplinary Action Section 25. Labor Contracts 8 10 10 11, 12„ 13 ,13 TABLE OF CONTENTS (Continued) Section 26. Retirement Section 27. Sexual Harassment Section 28. Equal Employment Opportunity Section 29. Unlawful Acts Section 30.' Effective Date Page 13, 14 14 _ 14, 15 15 15 Disclaimer. This Personnel Code is not a contract between the City of Mendota Heights and its employees. The Code is subject to change without ' prior notice. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 85- 107 RESOLUTION ESTABLISHING A PERSONNEL CODE FOR EMPLOYEES OF THE CITY OF MENDOTA HEIGHTS Section 1. Purpose. It is the purpose of this resolution to establish a uniform and equitable system of municipal personnel administration for all employees of the City of Mendota Heights. Section 2. Scope of Resolution. This resolution shall apply to all employees of the City except the following: a. All elected officials; b. City Attorney and Health Officer; c. Members of Boards and Commissions; d. Consultants and others rendering temporary professional services; e. Volunteer firemen; f. Emergency employees or other employees not regularly employed in a permanent position. Section 3. Appointment Procedure. All probationary and regular appointments to municipal service shall be recommended by the City Administrator and must be confirmed by the City Council on the basis of merit and fitness, and without regard to race, creed, color or discrimination. Where it is deemed necessary, merit and fitness shall be determined by written, oral, or other examinations designed to evaluate the ability of the candidate to discharge the duties of the position for which the examination is held. Section 4. Physical Examinations. All new permanent employees shall be required to have a physical examination by a licensed physician approved by the City. Such examination shall include an evaluation of the applicant's general fitness for the position in question with particular emphasis on detecting the presence of latent trouble in time for the applicant to take corrective action or to prevent the employment of a person whose condition would deteriorate or be aggravated by the position under consideration. The cost of the examination shall be borne by the City and a report thereof shall be made to the City. Section S. Probationary Periods. The first year of employment of an emplo- yee shall be regarded as a probationary period to be utilized for observing the employee's work, for securing the most effective adjustment of the employee to his position, and for removing any such employee whose performance does not meet the required work standards. Vacation leave, personal leave, and extended dis- ability leave shall accrue to the employee during the probationary period. No leave shall be taken during the probationary period except for illness or family crisis, and should the employee'not achieve permanent status appointment, he/she will be liable to repay the City for any such leave taken. If employment is terminated during an employee's probationary period, no benefits shall be due to such employee. Probationary employees shall not be entitled to leaves of ab- sence. During the one year probationary period, the department head shall submit a written report after six months and after ten months advising the City Adminis- trator as to the acceptability of the probationary employee for such position. The City Administrator shall make his recommendation to the Council within twenty (20) days before the expiration of such one year period. The City Administrator may terminate a probationary employee any time during the probationary period, if in his opinion, the employee is not suited to the position. The employee so terminated shall be notified in writing of the dec- ision not to retain him/her and shall not have the right to appeal unless he is a veteran, in which case the procedure prescribed in Minnesota Statutes Section 197.46 shall be followed. Section 6. Promotions. The first one year of a permanent employee's promo- tion shall be regarded as a probationary period. This period of time shall be utilized for observing the employee's work, for securing the most effective adjustment of the employee whose performance does not meet the required work standards. The probationary employee shall continue to be granted all benefits due permanent employees, however, such employee shall not be entitled to leaves of absence. During the one year probationary period, the department head shall submit a written report after six months and after ten months advising the City Administrator as to the acceptability of the probationary employee for such position. The Administrator shall make his recommendations to the City Council twenty (20) days before the expiration of such one year period. An employee shall not have his or her compensation reduced as a result of promotion, but will be placed at a pay step equal to or greater than the previous compensation. The City Administrator shall recommend a schedule of progression for the ensuing pay steps. A permanent employee terminated during the probationary period from a posi- tion to which he has been promoted or transferred shall be reinstated to a position in the class from which he was promoted or transferred unless he is discharged from the City service as provided in Section 24. Section 7. Permanent Employees. Permanent employees are employees of the City who have passed the initial probationary period and are currently working full-time in the service of the City. Permanent part-time employees are em- ployees who have passed the initial probationary period and are currently working a minimum of twenty (20) hours per work week in a position established by the City Council. Permanent and permanent part-time employees shall be granted all benefits due them which shall include vacation leave, personal leave, extended disability leave, paid holidays, military leave, military induction pay and pay for accrued vacation leave upon termination of employment. Benefits for permanent part-time employees shall be on a proportionate basis, based on the average number of hours worked each week as compared to 40 hours per week. Section 8. Work Week and Work Days. Except for those positions otherwise specifically designated by the Council, the regular work week shall be forty (40) hours, Monday through Friday, and the regular work day shall be eight working hours. Section 9. Over-time Compensation. Authorized over-time work performed shall be compensated at the rate of one and one-half times the regular rate of pay. To the extent allowed by State and/or Federal law employees may take compensatory time off at such times as approved by the Department Head at the rate of one and one-half hours off for every hour of overtime worked. Section 10. Vacation Leave. Each permanent employee shall be entitled to vacation benefits as follows: After the first year of continuous service the employee shall be entitled to two calendar weeks of paid vacation leave except that those employees starting their sixth year of continuous service with the City shall be entitled to three calendar weeks of paid vacation leave per year and those employees starting their eleventh year of continuous service with the City shall be eligible for one additional day of paid vacation leave per year of service with a maximum of four weeks of paid vacation leave after fifteen years of service. Vacation benefits shall be calculated based on employment anniver- sary dates. a. Vacation leave shall be scheduled by the departments to accommodate the work schedule of the departments provided that no permanent employees will be denied the right to take yearly vacation equal to the number of vacation days accrued by the employee in the previous calendar year. b. Employees shall be encouraged to take yearly vacations and shall be allowed to accrue a maximum of twenty (20) days annual vacation for which they are entitled, provided however, that no employee shall use more than twenty (20) vacation days consecutively without prior City Council approval. c. Employees separated from the City service shall be paid at their normal salary rate for their unused vacation time. d. Only the vacation records kept by the Accountant shall be considered official. e. For the purpose of accruing vacation, employees starting employment within a given month shall be considered to have started on the first of that month. f. No employee who is on vacation will be allowed to work his regular job in the City service for the purpose of receiving double pay. Section 11. Personal Leave/Extended Disability Protection. a. Personal Leave - Beginning January 1, 1986, all permanent full-time employees shall accrue personal leave at the rate of 2.67 hours per month, to a maximum of 320 hours. Personal leave shall be available for use without restriction, except prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval of the City Council. Accumulated but unused personal leave will be paid upon separation of employment to all permanent status employees. b. Extended Disability Protection - Beginning January 1, 1986, all per- manent full-time employees shall accrue extended disability leave at the rate of 5.33 hours per month, to a cumulative maximum of 640 hours. Extended disability protection is available for use on the fourth con- secutive day of a personal illness and thereafter., or anytime for a work-related illness or injury. 5 Employees are to keep their supervisor informed of their condition. The supervisor may require a letter or report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension, or dis- missal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave, and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal leave and extended disability leave accruals. c. Conversion of Existing Sick Leave - One half (50%) of any sick leave balance on December 31, 1985, up to a maximum of forty-eight (48) hours will be converted to Personal Leave. Any sick leave not converted to Personal Leave shall remain in the employee's Extended Disability Protection bank. However, an employee whose Extended Disability Bank exceeds 640 hours cumulative maximum shall not accrue any more Ex- tended Disability Leave until his or her accumulated balance drops below 640 hours. d. Section 11 of this Personnel Code shall apply to employees represented by a bargaining unit, only if specifically adopted in the labor con- tract. Section 12. Funeral Leave. All permanent employees, both full time and permanent part-time, may attend the funeral of their spouse, mother, father, children, grandmother, grandfather, brother, sister, mother-in-law, and father- in-law, as paid Funeral Leave. Such funeral leave shall not exceed three days and shall not be counted as sick leave. Up to four (4) hours of paid funeral leave will be granted to attend the funeral of another City employee. Section 13. Group Insurance. All permanent full-time employees shall be entitled to insurance benefits as established by the City Council from time to time. The scope of insurance coverage will be determined by the City Council, and the maximum premium participation by the City shall be established each year. Permanent part-time employees shall be entitled to the same insurance benefits as full-time employees except that the amount of premium participation by the City shall be on a proportionate basis based on the total hours they work each week, as compared to a total of forty hours per week. For the purpose of this Section, permanent part-time employees shall be defined as employees who are currently working a minimum of twenty (20) hours per work week in a position established by the City Council. Group Insurance benefits will be extended to separated employees, at their expense, as required by MSA 62A.17, subject to any limitations imposed by the carriers. Section 14. Holidays. The following are to be paid holidays for those employees not included in labor contracts: New Year's Day, Martin Luther King's birthday (third Monday in January), President's Day (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veterans Day (November 11), Thanksgiving Day (4th Thursday in November) and Christmas Day (December 25). Two floating holidays shall be granted conditioned that scheduling arrangements must be approved in advance by the department head. The City Council, upon recommendation of the City Adminis- trator, may designate one of the floating holidays as a fixed date when City offices will be closed. When New Year's Day, Independence Day, Veterans Day or Christmas Day falls on a Saturday, the preceding day shall be observed as a holiday; when any of these days falls on a Sunday, the following day shall be observed as a holiday. The sections of labor contracts relating to holidays for those employees represented by bargaining units shall prevail for those em- ployees. The City Hall shall be closed for business on legal holidays, provided, however, that employees may be required to work on paid holidays when the nature of their duties or other conditions so require. If an employee is required to work on paid holidays, he/she shall receive time off at a rate of one and one- half times the holiday hours worked at time subsequently scheduled by the super- visor. Section 15. Rest Periods. All regular employees working under conditions where the use of a break period is practiced shall be granted a fifteen -minute break period in the forenoon and a fifteen -minute break period in the afternoon of each working day. Break periods cannot be accumulated within the working day or from day to day. Section 16. Special Leave. a. All City employees who are members of the United States Armed Forces Reserves, members of the Minnesota National Guard, or subject to call or induction into the Federal Service by the President of the United States shall be entitled to a leave of absence for the period of such active service without loss of status. b. Any member of the United States Armed Forces Reserve or National Guard who annually attends 15 days annual unit training shall be entitled to receive his regular pay for such periods but not exceeding a total of 15 days in any calendar year. Employees who shall be called on or inducted for military duty of prolonged duration shall receive full pay for 15 days. Section 17. Leave of Absence Without Pay. a. Upon request by an employee, leave of absence without pay may be granted by the City Council, taking into consideration good conduct, length of service, and efficiency of the employee and the general good of munici- pal service. Such leave of absence shall not exceed a period of ninety (90) days provided that the same may be extended beyond such period if the leave of absence is for continued disability or other good and sufficient reasons, but in no case shall such leave of absence exceed one year except when the employee is detailed for military service or is disabled by reason of disability incurred while in the service of the City. No vacation or personal leave/extended disability protection benefits shall accrue during a period of leave of absence without pay. b. Jury Duty/Witness. In the case of jury duty, or as a subpoenaed court witness in a case related to City employment, an employee shall receive compensation which will equal the difference between the employee's regular pay and the compensation paid for such jury duty or as witness fees. Section 18. Compensation. Employees of the City shall be compensated according to the schedule established by the City Council. Any wage or salary so established is the total remuneration for employment, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the City Council, no,em- ployee shall receive pay from the City in addition to the salary authorized for the position to which he has been appointed. Section 19. Pay Days. Employees shall be paid on every other Friday. Paychecks will be issued one week following the end of the established pay period. When a holiday falls on payday, employees shall receive their pay the preceding workday. d. Dismissal. Officers and employees subject to the provisions of this resolution may be removed from City employment by the City Administrator for just cause. Dismissal for cause shall be grounds for denial of the employee's terminal benefits including accumulated vacation and personal leave. e. Employee Assistance/Decision-Making Leave - As an alternative to, or in concurrence with the above disciplinary steps, the Department Head and/or City Administrator may refer an employee to the Employee Assist- ance Program for professional assistance. The Department Head and/or City Administrator may also grant a one-day, paid decision-making leave to an employee prior to final action on demotion or dismissal. f. Causes for Disciplinary Action. Evidence of any of the following acts shall be cause for disciplinary action including reprimand, suspension, demotion or dismissal: 1. Incompetence, inefficiency or negligence in the performance of duty. 2. Insubordination, including, but not limited to, refusal to obey an order which a superior is entitled to give and have obeyed, or refusal to do assigned work which the employee is capable of doing which has resulted or reasonably might be expected to result in loss or injury to the public or the municipality. 3. Public statements which are slanderous, libelous or which tend to discredit a City official or the City's services. 4. Repeated tardiness after warning. 5. Unauthorized absence or abuse of leave privileges. 6. Under the influence of intoxicating beverages while on duty; or reporting to work while under the influence of intoxicating bever- ages. 7. Under the influence of those drugs prohibited by the City, State or Federal law while on duty without authorization by a licensed physi- cian and without written permission from the City Administrator. 8. Wanton use of offensive conduct or language toward the public or City officials or employees. 9. Conviction of a criminal offense or misdemeanor involving moral depravity. 10. Physical or mental defects which in the judgement of the City Admin- istrator incapacitates the employee for the proper function of his position. 11. Carelessness or negligence in the handling or control of City pro- perty. Theft of City property. 12. Proven dishonesty in the performance of an employee's duties. 13. Inducing or attempting to induce an official or employee of the City to commit an unlawful act or to act in violation of any law and reasonable official regulation or order. 14. Violations of the provisions of law or of this ordinance. 15. Violations of written personnel or departmental regulations. Section 25. Labor Contracts. If any of the foregoing provisions of this resolution shall be inconsistent with the provisions of a union or other labor contract entered into by and between the City and a labor union or other organi- zation on behalf of any City employees, such union or labor contract shall be deemed determinative as to any such inconsistent provisions. Section 26. Retirement. The mandatory requirement age for all municipal employees shall be 70 years of age. In special cases, work extensions to emplo- yees may be granted by the City Administrator after the age of 70 on a year-to- year basis, except that no employee shall work in a municipal position after the age of 75. Extensions will be granted beyond the age of 70 only when it is in 13 the best interest of the municipality to do so. Extension requests will be dealt with on the basis of the facts in each individual case. Department heads shall be consulted and any pertinent facts regarding the work performance of the em- ployee requesting an extension of retirement age may be considered in determining disposition of his request. Employees desiring a work extension past the age of 70 shall submit the request in writing to the City Administrator not less than six (6) months prior to their 70th birthday. In the absence of approved work extensions, employees shall retire from employment not later than December 31, following their 70th birthdate. The City Administrator shall inform the City Council of any retirement extensions granted. Section 27. Sexual Harassment. Sexual harassment has been held to be a form of sex discrimination, in violation of a person's civil rights. Sexual harassment is defined as: 1. Unwelcomed or unwanted sexual advances; 2. Requests or demands for sexual favors; 3. Verbal abuse or kidding that is sex -oriented and considered unacceptable by another individual; 4. Any type of sexually oriented conduct that would interfere with another's work performance; 5. Creating a work environment that is intimidating, hostile, or offensive because of unwelcome or unwanted sexually -oriented conversations, suggestions, requests, demands, physical contacts, or attentions. Any employee who feels that he or she has been the victim of sexual harass- ment in the workplace may file a complaint per Section 22 of this resolution. Any employee found guilty of perpetrating sexual harassment shall be subject to disciplinary proceedings per Section 24 of this resolution. Section 28. Equal Employment Opportunity. The City of Mendota Heights is 14 i an equal opportunity employer, and as such, these personnel policies are applied equally to all, without regard to race, color, religion, age, sex, marital status, national origin, or physical disability. Section 29. Unlawful Acts. Falsification of Records. No person shall knowingly make any false statement, certificate, mark, rating, or report in regard to any test, certificate, or appointment held or made under the personnel system or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this resolution. Section 30. Effective Date. This resolution rescinds and supercedes Re- solution numbers 73-93, 75-24, 76-67, and 79-49, and shall be in full force and effect from and after its adoption. Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1985. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor ATTEST athleen M. Swanson, City Clerk