Res 73 - 93 Establishing a Personnel Code for Employees of the Village of MH�.
=: � J •
�' .
. : ti; .
a J
VILLAGE OF MENDOTA HEIGHT5
DAKOTA COUNTY, MINNESOTA
RESOLUTION N0. 73-93
A RESOLUTION ESTABLISHING A PERSONNEL CODE FOR
ENIPLOYEES OF THE VILLAGE 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 Village of Mendota Heights.
Section 2. Scope of Resolution. This resolution shall apply to
all employees of the Village except the following:
a. All elected officials;
b. Village Attorney;
c. Members of boards and commissions;
d. Consultants and others rendering temporary
professional services;
e. Volunteer firemen.
Section 3. Appointment Procedure. All probationary and regulaX
appointments to municipal service shall be recommended by the Village
Admi.nistrator and must be confirmed by the Village Council on the basis
of inerit and fitness, and without regard to race, creed, color or
discrimination. Seasonal and temporary appointments may be made by the
Village Administrator.
Section 4. Physical Examinations. All new permanent employees shall
be required to have a physical examination by a licensed physician approved
by the Village. Such examination shall incTude 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
Village and a report thereof shall be made to the Village.
Section 5. Probationary Period. The first six months of employment .
�� of an employee 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 and
sick leave benefits shall accrue to the employee during the probationary
period but may not be used until after its completion. If employment is
terminated during an employee's probationary period, no sick leave, vacation
or other benefits shall be due to such employee. Probationary employees shall
f'
. t� •
not be entitled to leaves of absence. During the six-month probationary
period, the department head shall submi.t a written report after three
months and after five months advising the Village Administrator as to
the acceptability of the probationary employee for such position. The
Village Administrator shall make his recommendations to the Council
within (20) days after the expiration of such six-month period.
Section 6. Permanent Employees. Permanent employees are employees
of the Village who have passed the initial probationary period and are
,, currently working full ti.me in the service of the Village or in a part
, time position officially established by the Village Council. They shall
be granted all benefits due them which shall include vacation leave, sick
leave, paid holidays, military leave, military induction pay and pay for
accrued vacation leave upon termination of employment.
Section 7. 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 8. 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. Employees may take compensatory time off at such
times as approved by the Village Administrator at the rate of one and
one-half hours off for every hour of over-time worked.
Section 9. Vacation Leave. Each permanent employee shall be
entitled to vacation benefits as follows: After the first year of
continuous service the emplgyee shall be entitled to one calendar week
of paid vacation leave; after the second year of continuous service the
employee shall be entitled to two calendar weeks of paid vacation leave
per year except that those employees starting their sixth year of
continuous service with the Village shall be entitled to three calendar
weeks of paid vacation leave per year and those employees starting their
tenth year of continuous service with the Village 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.
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.
'c. Employees separated from the Village service shall be
paid at their normal salary rate for their unused vacation time.
d. Only the vacation records kept by the Village Clerk-Treasurer
shall be considered official.
-2-
.-
:�: �" .
Section 10. Sick Leave.
a. Al1 permanent full time Village employees shall be
entitled to accrue sick leave at the rate of five-sixth's*
day per month. Every such employee shall be allowed to
accrue up to and including one hundred twenty days of
sick leave. '
b. In order to be eligible for sick leave with pay an
employee must:
1. Report promptly to his department head the
reason for his absence.
2. Keep his department head informed of his
condition if his absence is more than a three-day
duration.
3. If an employee is absent for more than a three-day
duration, he shall provide the Village of Mendota Heights
with a letter or report from his attending physician,
setting forth the nature of his illness and any other
X`_ appropriate facts.
c. Employees whose wives are expectant mothers shall be
allowed to charge to sick leave the necessary time needed
/.,`' to attend such birth and make the required adjustments in
1� family living conditions.
d. In cases of extreme emergency involving employees with
a record of ineritorious service who through serious and
protracted illness have used up all accummulated sick leave,
compensatory time off and vacation leave, an extension of
sick leave beyond the maximum provided in this resolution
may be granted by the Village Council.
e. Penalty. Claiming sick leave when physically fit, except
as permitted in this section, may be cause for disciplinary
action, including transfer, demotion, suspension or dismissal.
Section 11. Funeral Leave. All permanent employees, both
full-time'and part-time, may attend the funeral of their spouse, mother,
father, children, 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.
Section 12. Group Hospital-Medical Insurance. All permanent full-time
'�-�� employees shall be entitled to insurance benefits as established by the
Village Council from time to time. The scope of insurance coverage and
� � amount of premium participation by the Village will be determined by the
Village Council. , �
,
Section 13. Part-time Employees. Permanent part-time employees shall
be entitled to paid sick leave, vacation time, holidays, and funeral leave
-3-
-* Changed to read "one day per month" -- See Resolution No. 73-95
on a proportionate basis based on the total number of hours they work
each week as compared to a total of forty hours per week.
Section 14. Holidays. The following are to be paid holidays:
New Year's Day, Washington's and Lincoln's Birthday (celebrated on the third
Monday in February as President's Day), Memorial Day (the last Monday in
May), Independence Day (July 4th), Labor Day (the first�Monday in September),
Veteran's Day (the fourth Monday in October), Columbus Day (the second
, Monday in October), Thanksgiving Day and Christmas Day.
-. �
The Village 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 shall receive equivalent
time off as the Village Administrator shall determine unless consideration
is given to �his factor in determining work schedules.
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.
Section 16. Special Leave.
a. All Village 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 calendax year. Employees who shall be called on or
inducted for active military duty of prolonged duration
shall receive full pay for 15 days.
Section 17. Leave o� Absence Without Pay.
a. Upon request by an employee, leave of absence without
pay may be granted by the Village Council, taking into
consideration good conduct, length of service, and '
efficiency of the employee and the general good of
municipal service. Such leave of absence shall not exceed
r 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 Village. No vacation or sick
-4-
.
`/►•
� �.
.
leave benefits shall accrue during a period of leave �
of absence without pay.
b. Jury Duty. In the case of jury duty or as a subpoenaed
court witness, 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. Resiqnation. Any employee wishing to leave the
municipal service in good standing shall file with his department head,
at least 14 days before leaving, a written resignation, stating the
effective date of the resignation and the reason for leaving. Failure
to comply with this procedure may be considered cause rf ,or denying such
employee future employment by the Village and denying terminal pay
benefits.
Section 19. Grievance Policy. It is the policy of the Village
insofar as possible to prevent occurrence of grievances and to deal with
them promptly when they do occur. When any grievance comes or is directed
to the attention of any supervisory employee of the Village, the
supervisor shall promptly discuss all relevant circumstances with the
employee and his representative if he so desires, consider and examine
the"c�ause�_of grievances and attempt to resolve it to the extent that he
possess authority. Failing at that level, the grievance may be carried
up to a higher authority up to and including the Village Administrator.
The foregoing policy shall be superseded by grievance procedures
when included in a labor contract agreement.
Section 20. Lay-Offs. The Village may lay off any employee
whenever such action is made necessary by reason of shortage of work,
or funds, the abolition of a position or because of changes in organization,
provided, however, that two weeks' advance written notice shall be given.
However, no permanent employee shall be laid off while there are temporary,
provi�.ional, or probationary employees serving in the same class or
position for which the permanent employee is qualified, eligible, and
available. Length o£ service in the same position or class_shall be given
consideration.
Section 21. Disciplinary Action. Any employee in the service of
the Village may be disciplined for cause. The method of and procedure
for disciplinary action shall be determined by the Village Administrator
with approval of the Council.
a. Reprimand. An employee may be given an oral or
written reprimand by his superior or the Village
`", Administrator whenever his performance falls below
expected standards or whenever the employee is guilty
of misconduct or disobedience in any matter.
b. Suspension. The Village Administrator may suspend
an employee without pay for disciplinary reasons. Such
suspension shall not exceed 30 working days for any one
offense.
-5-
l�•
• �
� ��
c. Demotion. An employee may be demoted by the Village
Administrator for inefficient performance of his duty,
for disciplinary reasons, or for good and sufficient
reasons.
d. Dismissal. Officers and employees subject to the
prov�'i'Js�ions of this resolution may be removed from Village
employment by the Village Administrator for just cause.
Dismissal for cause shall be grounds for denial of the
employee's terminal benefits including accumulated vacation
leave and severance pay.
e. 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, ir�cluding, 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 Village official or the
Village'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 beverages.
7. Under the influence of those drugs prohibited
by the Village, State or Federal law while on duty
without authorization by a licensed physician and
without written permission from the Village Administrator;
taking prohibited drugs while on duty except as
.prescribed by a licensed physician and without written
,�J � permission from the Village Administrator; or reporting
' to work while under the influence of prohibited drugs
�� .
tiwithout the authorization of a licensed physician and
without written permission of the Village Administrator.
8. Wanton use of offensive conduct or language toward
the public or Village officials or employees.
�
9. Conviction of a criminal offense or misdemeanor
involving moral depravity.
10. Physical or mental defects which in the judgment
of the Village Administrator incapacitates the employee
for the proper function of his position.
11. Carelessness or negligence in the handling or
control of Village property.
12. Proven dishonesty in the performance of an
employee's duties.
13. Inducing or attempting to induce an official
or employee of the Village 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 22. Labor Contracts. If any of the foregoing provisions
of this resolution shall be;iriconsistent with the provisions of a union
or other labor contract entered into by and between the Village and a
labor union or other organization on behalf of any Village employees, such
union or labor contract shall be deemed determinative as to any such
inconsistent provisions.
Section 23. Retirement. The mandatory retirement age for all
municipal employees shall be 65 years of age. In special cases, work
extensions to employees may be granted by the Council after the age
of 65 on a year-to-year basis, except that no employee shall work in
a municipal position after the age of 70. Extensions will be granted
beyond the age of 65 only when it is in 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 employee requesting an extension of retirement age may be considered
in determining disposition of his request. Employees desiring a work
extension past the age of 65 shall submit the request in writing to the '
Council not less than 6 months prior to their 65th birth-date. In the
absence of approved work extensions, employees shall retire from employment
not later than December 31 following their 65th birth-date.
I
j
�' Section 24. Effective Date. This resolution rescinds and
supercedes Resolution Number 14 adopted March 1, 1966 and shall be in
-7-
r
f
1 •.�
A �` w �
full force and effect from and after its adoption.
Adopted by the Village Council this twentieth day of November, 1973. -
_8_
VILLAGE COUNCIL '
VILLAGE OF MENDOTA HEIGHTS
By �
Donald L. Huber
Mayor
0