3m. Approve Resolution Revising the C ity's Personnel PolicyCITY OF 3
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Todd Gerhardt, Assistant City Manager
DATE: June 6, 1995
SUBJ: Revising the City's Personnel
Action by Chy AdmtnM�tal�
Endorsed
ModiSe —
Date Submitted to Commissiort
Decd Submitted to Co UWA
G — /, —� !
Attached please find a resolution outlining several changes to the City's Personnel Policy (see
Attachment #1). The proposed changes are recommendations from our city attorney to ensure
compliance with state and federal employment laws. 1 have also attached the current sections
of the City's Personnel Policy affected by the proposed changes (see Attachment #2).
Staff is also requesting a modification to the city's "Flexible Compensation Plan" to allow
employees to change their salary reduction amount under the health care expense once the
plan year starts. This change may only occur if a family member has been diagnosed with a
disease /illness that requires treatment for a long period of time, i.e. cancer, diabetes, kidney
disease, etc. Verification of the illness must be confirmed by the city's designated physician.
Staff recommends
proposed changes
ATTACIFAIEN iS
2.
i
Resolution Revising the City's Perso
Current Policies with Recommended
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
Date Resolution
Motion By
Seconded By
RESOLUTION REVISING THE
CITY'S PERSONNEL POLICY
WHEREAS, the City adopted a Personnel Policy on December 12, 1994; and
WHEREAS, the City determined that the Personnel Policy should be reviewed for
consistency with State and Federal employment laws; and
WHEREAS, the City Attorney reviewed the Personnel Policy and recommended
revisions and changes to the Personnel Policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen that the following changes be made to the Personnel Policy:
1.
2
93
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Amend Section 3, paragraph 1 to state:
Appointment. Appointment to city service shall be based on merit and
fitness, free of personal, political, religious, gender, age, racial, color,
creed, national origin, marital status, sexual preference, disability and
public welfare assistance consideration.
Amend the last sentence of Section 3, paragraph 1 to state:
Physical or mental disabilities ' shall not be used to disqualify an applicant
unless the Appointing Authority determines that the disability makes the
applicant unable to perform the duties of the intended position.
Amend Section 5, paragraph 4, subparagraph b as follows:
b. For demotion to a regular position, the rate of pay shall be at
the rate of pay of the new position.
Amend Section 5, paragraph 4, subparagraph c as follows: #/
141-4ff6l.vPr7' '
For transfer from one position to another in the same salary
grade, not in the same nature of a promotion or demotion, the
' rate of pay shall remain the same.
5. Amend Section 5, paragraph 4, by deleting subparagraph d.
' 6. Amend Section 7, paragraph 4, subparagraph b to read as follows:
b. Sick leave may be used for an employee's own illness or
injury, illness or injury of their children, physical
examination, dental care, maternity care, childbirth,
' pregnancy disability, outpatient or inpatient treatment for
mental illness, alcoholism, or drug abuse. Employees may
also request using sick leave for death, serious illness, or
other health care of members in their immediate family,
which may be granted at the discretion of the Appointing
Authority.
7. Amend Section 7, paragraph 5, subparagraph a by adding the following
' subparagraph:
' 6) Birth or Adoption. All employees are entitled to a maximum of three (3)
days of sick leave upon the birth or adoption of a child.
' 8. Amend Section 7, paragraph 6, subparagraph a.2)e)4) as follows:
Any period of incapacity due to pregnancy, or for prenatal care, or prior
t to an adoption to help complete the adoption process.
' 9. Amend Section 7, paragraph 6, subparagraph a.2)c) by adding the following
subparagraphs:
' 5) Any period of absence to receive multiple treatments by a
health care provider.
' 6) Substance abuse may qualify as a serious health condition if
one of the foregoing clauses is satisfied. However, only for
' treatment of substance abuse by a health care provider oi a
provider of health care services on referral by a health care
provider. Absence caused by substance use is not covered by
' this policy.
14. Amend Section 7, paragraph 6, subparagraph a.2)j) to add a third paragraph as
' follows:
If an employee fails to return from leave, the City can recover the insurance
premium that has been paid on behalf of the employee.
11. Amend Section 7, paragraph 6, subparagraph a.2) by adding the following:
1) Employees are required to use FMLA leave when the
employee misses work due to an injury obtained while on
duty unless the employee is using sick leave or vacation
leave. The FMLA leave and the injury on duty leave shall
run concurrently.
The employee shall report the injury as provided in the injury
On Duty Leave and provide adequate information to establish
the basis fir the leave. The employer shall provide employee
written notification within five (5) working; days specifying
that any absence will be counted against the employee's
remaining; FMLA time and that the FMLA leave shall run
concurrently with the injury on duty leave."
AD01YfED this day of
City of Chanhassen.
ATTEST:
, 1995, by the City Council of the
T on Ashworth, Clerk /Manager
Donald J. Chmiel, Mayor
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' C. Volunteer fire fighters and other volunteer personnel;
d. Consultants and others rendering services under contract with the city.
' SECTION 3. APPOINTMENTS.
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1. Appointment. Appointment to city service shall be based on merit and fitness, free of
personal, political, religious, gender, age, racial, status, sexual preference,
disability and public welfare assistance consider Add : L okar. C"". n + i O1 "��
SEX FP S s 1
' 2. Appointment Procedure. The Appointing Authority will make all appointments to
positions of City employment. Each appointment will be based on merit and
qualifications for the position in accordance with criteria to be established by the
' Appointing Authority. The criteria established must be capable of being reduced to a 100
point rating system. A 100 point rating system must be applied to all positions of City
employment, except for those positions specifically exempted from the Veterans
' Preference Act, Minn. Stat. §43A.11 and by Minn. Stat. §197.46. Employee contracts will
supersede to the extent allowed by law the provisions within this policy.
' 3. Veterans Preference. In accordance with Minn. Stat. §43A.11 and Minn. Stat. §197.455,
a credit of five points will be added to a veteran's rating at the election of the veteran so
long as the City position being sought is not exempted from veterans preference by Minn.
' Stat. §197.46. The receipt of credit is conditional on the veteran obtaining a passing rating
under the criteria and 100 point rating system established for the position without the
addition of the credit points. Similarly, a credit of ten points will be added to a disabled
' veteran's rating at the election of the disabled veteran so long as the City position being
sought is not exempted from veterans preference by Minn. Stat. § 197.46. The receipt of
the credit is conditional on the disabled veteran obtaining a passing rating under the
' criteria and 100 point rating system established for the position without the addition of the
credit points.
' 4. Examinations. The Appointing Authority may require appropriate written, oral,
psychological and other examinations to measure an applicant's job - related abilities. All
' prospective regular employees must submit to a physical examination to determine their
capability to perform available employment. Such an examination will not be required
until an offer of employment has been made. Such an offer may be made conditional on
' the prospective employee meeting the physical or mental requirements of the job. The
examination will test only essential job - related abilities. Prospective police officers may
be required to undergo a psychological evaluation before a job offer is made. The
' psychological evaluation will be for those job - related abilities set forth by the Board of
Peace Officer Standards and Training (POST) for psychological evaluations. Instead of a
physical examination, all prospective seasonal employees may, at the option of the
Appointing Authority, submit a statement from a medical doctor of their own choice
i indicating that they are in good health and able to perform the expected duties. Physical
and mental examinations shall be conducted by a qualified person chosen by the
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although this leave shall accrue during the probationary period. Sick leave may be used
to the extent accrued.
SECTION 5. COMPENSATION.
1. Classification Plan. The Appointing Authority shall prepare and maintain a classification
plan for all regular City positions according to accepted personnel standards. This plan
shall be submitted to and approved by the City Council. The Appointing Authority shall
annually review the job classifications in each department with the department director to
ensure their accuracy and appropriateness. Additionally, the Appointing Authority may at
any time make adjustments as appropriate.
2. Compensation Plan. The Appointing Authority shall establish a compensation plan for
all positions subject to this policy. This plan shall be approved by the City Council. The
Appointing Authority shall annually review the plan and recommend any changes to the
City Council. The Council shall act upon these recommendations within a reasonable
time. Additionally, the Appointing Authority may make adjustments to the plan at any
time as appropriate. The Appointing Authority, in its sole discretion, may compensate an
employee for assuming responsibility in addition to that of the employee's regular
assignment.
3. Temporary and Seasonal Employees. Temporary and seasonal employees shall be paid
at an hourly rate determined by the Appointing Authority. Except as otherwise specifically
provided in writing by the Appointing Authority or provided by law, these employees
shall not be entitled to any benefits.
4. Transfers, Promotions, Demotions. Except for temporary assignments, an employee's ,
rate of pay upon transfer, promotion, or demotion shall be determined as follows:
a. For promotion to a regular position, the rate of pay shall be increased to at least
the minimum rate of that position or its class.
b. demotion to a regular posi ` resulting from r than discipline4i '
perfo ce reasons, th of pay shall remain at the me 1 uef�last received by
the employee oimer position. The employee shall c, nue receiving that '
rate of pay `outs increase until the rate of pathe oted position
reache at amount. Then loyee shall onca�gain be eligib or salary
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d. Employees terminating City employment in good standing will be compensated for
unused vacation leave accrued to the date of termination.
' e. Vacation leave available to regular part -time employees shall be calculated as a
proportion of the above schedule, based on the relationship between the full-time
' hours. Part -time employees must work at least 24 hours per week on a regular
schedule to accrue vacation benefits.
' f.
Maximum accrual of vacation leave shall not exceed 3 times the employee's
earned vacation for the year.
' 4. Sick Leave.
a.
Regular full -time employees shall earn eight (8) hours of sick leave for each month
of employment. Regular part -time employees shall earn a proportion of that sick
leave determined by dividing their scheduled hours by the number of full -time
hours. Sick leave may be used only to the extent that it is earned. Sick leave is
'
not a privilege or vested right which an employee may use at the employee's
discretion, but is a type of insurance which shall be allowed in case of necessity of
actual illness in accordance with the policy.
d'• �`� b.
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Sick leave may be used for an employee's own illness, illness e€-+hi4r c
physical examination, dental care, injury, maternity care, .outpatient or inpatient d b: +11j
treatment for mental illness, alcoholism, or drug abuse. Employees may also
request using sick leave for death, serious illness, or other health care of members PrPat�ar►c�
yrv(�`.
in their immediate family, which may be granted at the discretion of the d
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Employees shall notify their immediate supervisors on the first day of sick leave of
the reason for their absence within one (1) hour after their scheduled starting time,
unless a different time period has been established by the department director.
'
Employees must keep their department directors informed of their condition if
absent for more than one day. When possible, sick leave shall be requested in
'
advance. The department director or Appointing Authority may require a doctor's
statement specifying the nature and duration of the illness before the employee is
paid for sick leave. Each employee may loan up to two (2) days of accrued sick
'
leave per year to other employees in accordance with administrative policy. The
loan privilege is solely to, guarantee funding is available should the employee
requiring the loan never regain ability to repay such. Employees who are ill on
'
scheduled vacation or holidays shall be paid as vacation or holiday time and shall
not be entitled to use sick leave, except for illnesses verified by a doctor's
statement at the discretion of the Appointing Authority.
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5) Bone Marrow Donation Leave: Employees who are donating bone marrow
shall be granted a paid leave of absence not exceeding forty (40) work
hours. ,
b. Employees using paid leave time shall be considered to be working for the purpose
of accruinbenefit g .
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6. Special Leaves Without Pay. d "S , or %Ick or r a*p4:ev%
a. Special leaves without compensation include:
1) Military Leave for Extended Service. Employees shall be entitled to
military leave of absence without pay not to exceed four (4) years for
service in the armed forces of the United States, plus such additional time
in each case as such an employee may be required to serve pursuant to law,
in accordance with Minn. Stat. §192.261.
2) Family And Medical Leave Act. (FMLA)
a) Family and Medical leave provides up to twelve (12) weeks of
unpaid leave to eligible employees for certain family and medical
reasons. Employees are eligible if they have been employed for a
minimum of twelve (12) months, and have worked at least 1,040
hours over those twelve months.
b) An employee may take a maximum of twelve (12) work weeks of
FMLA leave each calendar year.
C) FMLA leave may be granted for the following reasons:
1) To care for an employee's child after birth or placement for
adoption or foster care;
2) To care for the employee's spouse, son or daughter, or
parent, who has a serious health condition; or
3) For a serious health condition that makes the employee
unable to perform the employee's job.
d) The employee must give the City at least thirty (30) days advance
notice. A "Request for Family Medical Leave" form should be
completed by the employee and returned to the immediate
supervisor. In unexpected or unforeseeable situations, the employee
should give as much notice as is practical, usually verbal notice
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' within one or two business days of when the need for the leave
becomes known followed by a completed "Request for
Family/Medical Leave" form.
For leaves taken because of the employee's or a covered family
member's serious health condition, the employer may require that a
"Physician or Practitioner Certification" form be completed. In
addition, the employer may require periodic reports on the
employee's status and intent to return to work, and fitness - for -duty
report to return to work.
e) A serious health condition is an illness or injury that involves:
1) An overnight stay in a hospital, hospice, or residential
medical care facility;
2) Any period of incapacity that involves continuing treatment
or supervision by a health care provider and that requires
absence from work, school, or other regular daily activities
for more than three (3) days;
3) Continuing treatment or supervision by a health care provider
for chronic or long -term health condition that is incurable or
so serious that, if not treated, would likely result in a period
of incapacity of more than three (3) days; or
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A e employee may c�oos� to use accrued vacation,
compensatory time, or sick leave while on FMLA leave as long as
the provisions within those written policies apply.
g) The employee will not accrue benefits such as sick leave or vacation
while on unpaid FMLA leave.
h) Leave may be taken intermittently or on a reduced schedule when it
is medically necessary. If an employee requests intermittent leave or
leave on a reduced schedule that is foreseeable due to medical
treatment, the employee may be temporarily transferred to another
position if the position has equivalent pay and benefits and better
accommodates the recurring periods of leave. Any such transfer is
subject to a collective bargaining agreement.
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i) Eligibility for leave after birth, placement for adoption or foster care
expires twelve (12) months after the birth, placement or adoption. If
the child must remain in the hospital longer than the mother, the
leave may in the alternative begin at an time up to six (6) weeks
after the child leaves the hospital.
j) The employees may choose to continue existing health care benefits
and life insurance while on FMLA leave. The employer will
continue to pay the same portion of the cost of the coverage as paid
prior to the leave.
Employee contributions will be required either through payroll
deduction or by direct payment to the City of Chanhassen. The
employee will be advised in writing at the beginning of the leave
period as to the amount and the method of payment. If an
employee's contribution is more than (30) days late, the City of
` Chanhassen ay to the employee'4 insurance coverage.
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rc K•' �c Upon return from FMLA leave, employees will be restored to their
original or equivalent position with equivalent pay, benefits, and
other employment terms. If, during FMLA leave, the City
experiences a layoff and an employee would have lost a position had
the employee not been on leave, pursuant to the good faith operation
of bona fide layoff and recall system, including a system under
collective bargaining agreement, the employee is not entitled to
reinstatement in the former comparable position. In such
circumstances, the employer retains all the rights under the layoff
and recall system, as if the employee had not taken the FMLA
{; t L leave.
( Add L • -__
3) Political Activity Leave. City employees shall take an unpaid leave of
absence from City employment upon:
a) Assuming an elected federal or state public office which in the
opinion of the Appointing Authority conflicts with their regular City I
employment;
b) Assuming an elected or appointed public office other than specified ,
in paragraph (a), which, in the opinion of the Appointing Authority
conflicts with their regular City employment; or
C) Becoming candidate, or during the course of candidacy, for an
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elected public office, if in the opinion of the Appointing Authority
the candidacy conflicts with their regular City employment.
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