B. Firefighter Handbook & Personnel Policy Changes0
6
CITY OF
MEMORANDUM
C&NNSEN
TO: Todd Gerhardt, City Manager
7700 Market Boulevard
FROM: Laurie Hokkanen, Assistant City Manager
PO Box 147
Under the new process, the City Manager will be responsible for appointing the
p y g p pp g
Chanhassen, MN 55317
DATE: February 25, 2013
Administration
SUBJ: Firefighter Handbook and Changes to City Personnel Policy
Phone: 952.227.1100
of the City Code that references the Fire Department and its bylaws.
Fax: 952.227.1110
7901 Park Place
BACKGROUND
Building Inspections
Phone: 952.2221180
Fax: 952.227.1190
To date, the Fire Department has operated under its own set of Bylaws and
Standard Operating Guidelines and was specifically exempted from the City
Engineering
Personnel Policy. The Fire Chief is appointed by the City Council based on a
Phone: 952.2221160
Fax: 952.227.1170
vote of the membership. Two of the Assistant Chiefs are also elected by the
membership.
Finance
Phone: 952.227.1140
Several years ago, based on the recommendation of the League of Minnesota
Fax: 952.227.1110
Cities and a metro -wide trend, the Fire Department leadership began working
Park & Recreation
with City staff to move away from this model and incorporate the Fire
Phone: 952.227.1120
Department with city staff by including them in the City's Personnel Policy.
Fax: 952.227.1110
Senior Center The City Attorney has reviewed these changes and agrees that they accurately
Phone: 952.227.1125 reflect state and federal law. Other communities that he works with have already
Fax: 952.227.1110 made these changes.
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow
On January 21, a majority of the Fire Department membership voted to eliminate
Recreation Center
2310 Coulter Boulevard
the Bylaws, including the election process. They were provided with the attached
Phone: 952.227.1400
draft copies of the Personnel Policy and Firefighter Handbook that would replace
Fax: 952.227.1404
the abolished documents and policies.
Planning &
Natural Resources
Under the new process, the City Manager will be responsible for appointing the
p y g p pp g
Phone: 952.227.1130
Fire Chief. If the City Council approves these changes, the City Manager will
Fax: 952.227.1110
then initiate that appointment process. Staff also proposes to eliminate the section
of the City Code that references the Fire Department and its bylaws.
Public Works
7901 Park Place
There are no financial implications associated with these changes. For the most
Phone: 952.227.1300
Fax: 952.227.1310
part, these policies simply document existing practices.
Senior Center The City Attorney has reviewed these changes and agrees that they accurately
Phone: 952.227.1125 reflect state and federal law. Other communities that he works with have already
Fax: 952.227.1110 made these changes.
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow
Mr. Todd Gerhardt
February 25, 2013
Page 2
CHANGES TO THE PERSONNEL POLICY NOT RELATED TO THE
FIRE DEPARTMENT
Other modifications to the Personnel Policy that pertain to all employees are:
• Clarify wellness policy and ability of city employees to use Rec Center
free of charge (Section 7).
• Outline expectation regarding employee use of social media (Section 9).
• Clarify tobacco and firearm policy (Section 11).
RECOMMENDATION
If the City Council agrees with this direction, the approval of the Personnel Policy
and City Code changes will be placed on the March 11 meeting agenda.
ATTACHMENTS
1. Personnel Policy draft dated February 2013
2. Firefighter Handbook draft dated February 2013
3. Memo from League of MN Cities discussing Fire Department bylaws and best
practices
DRAFT — NOT APPROVED BY CITY COUNCIL
DRAFT
1ANU n _2&1- 4Fcbruary 2013
City of Chanhassen
Personnel Policy
PERSONNEL POLICY
CITY OF CHANHASSEN
SECTION 1. PURPOSE AND DISCLAIMER ................................... ............................... 3
DEFINITIONS: ............................................................................................................ 3
SECTION 2. POSITIONS COVERED ................................................ ............................... 4
SECTION 3. APPOINTMENTS .......................................................... ............................... 5
1 .
Appointment ..................................................................... ............................... 5
2.
Appointment Procedure ................................................... ............................... 5
3.
Veterans Preference ......................................................... ............................... 5
4 .
Examinations .................................................................... ............................... 5
5.
Relationship to Other City Personnel ................................ ............................... 6
6.
Provisional Appointments ................................................. ............................... 6
7.
Transfers, Promotions ....................................................... ............................... 7
8.
Promotions from Within ................................................... ............................... 7
SECTION 4. PROBATIONARY PERIOD ......................................... ............................... 7
1 .
Purpose .............................................................................. ............................... 7
2 .
Duration ............................................................................ ............................... 7
3.
Performance Evaluation .................................................... ............................... 7
4 .
Termination ....................................................................... ............................... 7
5.
Probationary Period Extension .......................................... ............................... 7
6 .
Benefits ............................................................................. ............................... 8
SECTION 5. COMPENSATION ......................................................... ............................... 8
1. Classification Plan ............................................................ ............................... 8
2. Compensation Plan ........................................................... ............................... 8
3. Temporary and Seasonal Employees ................................ ............................... 8
4. Transfers, Promotions, Demotions ................................... ............................... 8
SECTION 6. HOURS OF WORK ........................................................ ............................... 9
1. Work Hours and Schedules ............................................... ............................... 9
2. Compensatory Time-- NonExempt ................................... ............................... 9
3. Compensatory Time -- Exempt .......................................... ............................... 10
4. Overtime .......................................................................... ............................... 10
SECTION 7. EMPLOYEE BENEFITS .............................................. ............................... 10
ij
1 . Holidays . ......................................................................................................... 10
3 .
Vacation Leave ................................................................ ...............................
11
4 .
Sick Leave ........................................................................ ...............................
12
5.
Special Leaves With Pay .................................................. ...............................
13
6.
Special Leaves Without Pay ............................................. ...............................
14
7 .
Group Insurance ............................................................... ...............................
20
8.
__........_ ........
Wellness
.........._......_...._..__....
$9.
Post Employment Health Care Savings Pl an ........ ...............................
21
91(.).
Service Awards ................................................................ ...............................
22
SECTION 8. EMPLOYEE TRAINING AND DEVELOPMENT ...... .............................21
1. Tuition Reimbursement ................................................... ...............................
21
2 Conferences ........................................................................ .............................23
SECTION 9. CONFLICT OF INTEREST ......................................... ...............................
23
SECTION 10. DRUG -FREE WORKPLACE ................................... ...............................
24
1 . Statement ............................................................................ .............................24
2 Policy ................................................................................. .............................24
3 Acknowledgement ............................................................. .............................25
SECTION 11. TOBACCO AND WEAPONS
1. TOBACCO
{ Formatted: Indent: Left: 0 ", First line: 0"
2. WEAPONS
SECTION 14 SEXUAL HARASSMENT ........................................ ...............................
25
1 . Policy Statement .............................................................. ...............................
25
2 Definition ........................................................................... .............................26
3. Types of harassment ......................................................... ...............................
26
SECTION 123. TERMINATION AND LAYOFF ............................. ............................... 27
1. Termination ........................................................................ .............................27
2. Resignation ........................................................................ .............................27
3. Penal ties ............................................................................ .............................28
4. Layoffs ............................................................................... .............................28
5. Termination Pay ............................................................... ............................... 28
SECTION 134. GENERAL DRIVING SAFETY ............................... ............................... 28
1 . Parking .............................................................................. .............................29
2. Equipment .......................................................................... .............................29
3. Operation .......................................................................... ............................... 29
3
PERSONNEL POLICY
CITY OF CHANHASSEN
SECTION 1. PURPOSE AND DISCLAIMER.
This policy contains the City's personnel policies and procedures on employee relations. These
policies and procedures are guidelines only and are not to be construed as contractual terms of
employment. The City and its employees who are governed by these policies and procedures have an
employment relationship known as employment -at -will. This means that either the City or an
employee may terminate the employment relationship at any time for any reason or for no reason at
all. Any aspect of these polices and procedures may be changed at any time at the sole discretion of
the City without prior notice. These policies and procedures will be known as the "Personnel Policy"
and will be referred to in the following sections as "this policy."
DEFINITIONS:
"Part -time employment" shall mean employment regularly engaged in a schedule less than
a full -time basis.
"Full -time employment" shall mean employment regularly engaged in on a thirty -two to
forty hour (32 -40) per week basis.
"Casual employment" shall mean employment, which is incidental to the main functions of
the municipal government, normally for short duration, and compensated for on an hourly
basis.
"Seasonal employment" shall mean employment regularly engaged in on a scheduled, full -
time workweek for less than twelve (12) months in any one calendar year.
"Benefits" means privileges granted to an employee in the form of vacation leave, sick
leave, overtime allowances, holidays, military leave, military induction pay, or pay received
in lieu of accrued leave upon termination of employment, and other privileges in addition to
wages or salaries granted to employees.
"Budget time" means that period during which budget requirements for the following fiscal
year are estimated, considered and adopted according to law.
"Fiscal year" shall be January I to December 31, inclusive or as otherwise provided by law.
5
"Regular Employee" means any employee hired for a position designated as continuing on
a regular basis, but which may be eliminated at the discretion of the Appointing Authority,
who has successfully completed the probationary period.
"Probationary Employee" means any employee hired for or promoted to a regular
employee position who is serving the required probationary period.
"Paid on Call or Volunteer Firefighter" means any rnealber of the Chanhassen Fire
Department.
"Probationary Period" means the first six (6) months of continuous employment, or other
time period required by the Appointing Authority, during which a newly hired or promoted
regular employee must demonstrate fitness for the duties of the assigned position.
"Appointing Authority" means City Manager, except where the City Council or some other
officer or governmental body is so designated by state law or ordinance.
"Provisional Appointment" means a temporary appointment to a regular position.
"Immediate Family" means children, stepchildren, parents, siblings, grandparents, parents -
in -law, children -in -law, grandparents -in -law, or such other persons as the Appointing
Authority deems appropriate.
"Overtime" means the number of hours a nonexempt employee works over eight (8) hours
in a day, which is accumulated at one and one -half times the employee's rate of pay.
"Exempt Employee" means employees who are exempt from receiving overtime pay under
the Fair Labor Standards Act.
"Nonexempt Employee" means employees who are entitled to receive overtime under the
Fair Labor Standards Act.
"City" shall mean the City of Chanhassen
"Compensatory Time" means the number of hours worked over 40 hours in a scheduled
work week which is accumulated.
SECTION 2. POSITIONS COVERED.
All offices and positions in the municipal employ, now existing or hereafter created, shall be subject
to the provisions of this policy, except that the following offices and positions shall be totally exempt
from the provisions of this policy:
a. Elected officials;
b. Members of boards, commissions and committees;
C. Volunteer -1 fe €01e.xs and- 'hermit olunteer personnel;
d. Consultants and others rendering services under contract with the city.
SECTION 3. APPOINTMENTS.
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. 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.
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.
Veterans Preference. In accordance with Minn. Stat. §43A.I I and Minn. Stat. §197.455, a
credit of tend 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 fifteen 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,
p_y ^'�rgi - management /leadership profiles, and other examinations to measure an
applicant's job - related abilities. All prospective regular employees . w 111 th Puh
Fire, and Building Department 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. Instead of a physical examination,
Commenttll] Changes to this
section required to reflect current
state law.:
all prospective seasonal employees may, at the option of the Appointing Authority, submit a
statement from a medical doctor of their own choice 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 Appointing Authority. The City shall pay all
costs of any required examination, except for the seasonal employee option provided above.
All examination reports shall be the City's property. Physical or mental disabilities shall not
be used to disqualify an applicant unless the Appointing Authority determines that the
disability makes the applicant incompetent or otherwise unable to perform the duties of the
intended position.
Relationship to Other City Personnel.
__._..__....---..-..--------. ...... - .... ---- .................. ---- ---- -------- -1
a_ a. Except for seasonal employees, no person shall be appointed as a Formatted: Numbered + Level: 1 +
regular or temporary to ho ibf the idi famil Numbering Style: a, b, ... + Start at: l +
g p y em p y ee w s a memer o mmeate y=- o - r Alignment: Left +Align d at: 0.25 +Indent
someone who lives in voter household: or is the aunt, uncle, niece or nephew of any at: 0.5"
elected official, any City employee, or any appointed official if the employment
relates to the subject matter of the official's or employee's responsibilities.
Formatted: Indent: Left: 1.5 ", First line: 0 "�
b. No seasonal employee shall be appointed as a regular or temporary employee if a
relative has the authority to appoint, supervise, evaluate or discipline the position or if
the position is classified as confidential. Except in the case of returning employees,
All seasonal employees' positions will be advertised on the City's website.
C. No spouse of an elected or appointed official or employee shall be appointed as a
regular, temporary, or seasonal employee if the employment relates to the subject
matter of the official's or employee's responsibility and a conflict of interest as defined
by this policy results (see Section 9, Paragraph 3a).
6. Provisional Appointments.
a. The Appointing Authority, in its sole discretion, may make a provisional appointment
without examination to a position normally subject to examinations when necessary
to continue public business or avoid substantial public inconvenience.
b. A provisional appointment shall terminate by:
I ) Action of the Appointing Authority;
2) Expiration of any limitation period required by regulation or any other law; or
3) Regular appointment of a person to the position.
C. No benefits shall accrue to a person appointed under this subdivision unless the
person is already a regular City employee.
d. No person shall receive more than one provisional appointment in any one calendar
year.
7. Transfers, Promotions. The Appointing Authority, in its sole discretion, shall have the
inherent managerial right to transfer and promote employees from one position to another.
Compensation shall be established, and transfers in the nature of demotions be accomplished,
in accordance with this policy.
8. Promotions from Within. Employment vacancies shall be filled by promotion of existing
employees to the extent practicable.
SECTION 4. PROBATIONARY PERIOD.
1. Purpose. The probationary period shall be an extension of the examination process and
be used for closely observing an employee's work and rejecting any employee whose
performance does not meet expected standards.
2. Duration. Every person appointed, promoted, or transferred to a regular position, shall
be required to successfully complete a probationary period of at least six (6) months. The
employee shall, however, remain an "At Will" employee at the conclusion of the probationary
period.
3. Performance Evaluation. The employee's supervisor shall prepare performance evaluation
reports three (3) months after the employee's starting date and two (2) weeks prior to
completion of the probationary period. Each report shall be reviewed with the employee.
Any failure to undertake the requirements of this paragraph shall not invalidate the
probationary period or otherwise be used adversely against the Appointing Authority._
4. Termination. The Appointing Authority may terminate a probationary employee any time in
its sole discretion. The employee shall not have the right of administrative appeal. For
promotions or lateral transfers, a regular employee terminated during the probationary period
shall be reinstated to the prior position or one similar to it, unless discharged or unless the
prior or a similar position is not available.
5. Probationary Period Extension. The Appointing Authority may extend the probationary
period. Before completion of the first six (6) months of employment, the Appointing
Authority shall notify the employee in writing of the extension and the reasons for it. The
employee shall not have any right of administrative appeal from this decision. If the
9
Appointing Authority does not give the notice within the time indicated, the probationary
employee shall become a regular employee.
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tkis k € held aier€�< tikrrin p€r A —Sick Ica ��ht rc trsE i tH h t a�
a:- Erued:
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. For demotion to a regular position, the rate of pay shall be at the rate of pay of the
new position.
C. 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.
Im
SECTION 6. HOURS OF WORK.
1. Work Hours and Schedules. Unless otherwise directed by the employee's immediate
supervisor, department director, or the Appointing Authority, employees shall comply with
the following work hours and schedules.
a. The regular work week shall be forty (40) hours, Monday through Friday, and the
regular work day shall be eight (8) working hours. Office hours are from 8:00 a.m. to
4 :30 p.m. Public Works hours are from 7:00 a.m. to 3:00 p.m. Requests for special
work schedules must be made in writing and approved by the Appointing Authority or
designee.
2.
b. Full -time employees shall work at least forty (40) hours each week, including two
paid rest periods per day of fifteen (15) minutes each. Their work schedules shall be
set by the appropriate department director, subject to approval by the Appointing
Authority, and shall include the number of work hours plus one non -paid meal period
of thirty (30) minutes per day. An employee may choose to combine the meal and
rest periods, if permitted by the department director.
C. Part-time employees shall work the number of hours per week designated for their
positions. These hours shall include one paid rest period of fifteen (15) minutes for
each four -hour period worked in one day. Their work schedules shall be set by the
appropriate department director, subject to approval by the Appointing Authority, and
shall include their scheduled number of work hours plus one meal period of thirty
(30) minutes per day which is not paid if more than four hours are worked in one day.
An employee may choose to combine the meal and rest periods, if permitted by the
department director.
d. _P on Call Firefi sha l mainta a c all re sponse p ercent j i g e of 25'?% per c i<iar ter
and a i € tiztm« Attendance Pe. €centaLTe of 60% per Quarter irk order to be considered .....
e€ed iii
..
good standing fir b oth e a nd pension purposes.
Compensatory Time-- NonExempt. Nonexempt employees under the Fair Labor Standards
Act shall be eligible for compensatory time in accordance with that act, subject to the
following conditions:
a. No nonexempt employee shall be permitted to carry more than forty (40) hours
accumulated compensatory time past December 1 of each year. All accumulated
compensatory time over forty hours will be paid to the employee no later than the last
pay period before December 1 of each year.
b. The scheduling of compensatory time shall be at the discretion of the department
director.
C. Cash payment for accumulated compensatory time may be taken at the employee's
option, with approval of the department director.
d. During slow periods in departmental operations, the Appointing Authority may
require employees to use compensatory time.
Compensatory Time -- Exempt. Exempt employees shall not accrue compensatory time, but
may be allowed time off at the discretion of the city manager.
4. Overtime. Employees may be required by their immediate supervisor, department
director, or the Appointing Authority to work time beyond their normal work hours.
Compensation for overtime shall be in compliance with federal and state law. Overtime
means the number of hours a nonexempt employee works over eight (8) hours on a normally
scheduled workday, which is accumulated at one and one -half times the employee rate of pay.
Leave time may not be used on the same day that overtime is accrued; however, it may be
used in the same pay period. Leave time includes sick, vacation, comp, or a floating personal
holiday.
SECTION 7. EMPLOYEE BENEFITS.
1. Holidays.
a. The following official holidays shall be paid holidays for regular part -time and full -
time City employees: New Years Day, January 1; Martin Luther King's Birthday, the
third Monday in January; President's Day, the third Monday in February; Memorial
Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday
in September; Columbus Day which will be observed on the fourth Friday in
November; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in
November; and Christmas Day, December 25. For employees whose normal work
schedule is Monday through Friday, the holidays which fall on a Saturday will be
observed the preceding Friday. Those which fall on a Sunday will be observed the
following Monday.
Regular full -time employees shall be paid at their regular rate of pay for each of the
official holidays. Regular part-time employees working twenty -four (24) hours per
week will receive five (5) hours pay per holiday. Regular part-time employees
working thirty -two (32) hours per week will receive six (6) hours pay per holiday.
C. To be eligible for compensation on an official holiday, employees must not be absent
from work the workday before or after the holiday, unless permission from their
12
supervisor has been given in advance or unless the employee has notified their
supervisor of the reason for their absence within one (1) hour after the start of the
workday or within a different time period established by the department director.
Employees who do not have advance permission may be required to provide a
doctor's statement or other verification of the reason for the absence.
3. Vacation Leave.
a. Vacation leave may be used only to the extent that it is earned. The amount of
vacation leave available to regular full -time employees shall be earned according to
the following schedule for employees hired prior to December 31, 2011:
1) From the beginning of employment through the fifth year of continuous
employment, employees shall earn twelve (12) working days of vacation per
year.
2) From the beginning of the sixth year through the tenthyear of continuous
employment, employees shall earn seventeen (17) working days of vacation
per year.
3) From the beginning of the eleventh year through the fifteenth year of
continuous employment, employees shall earn nineteen (19) working days of
vacation per year.
4) From the beginning of the sixteenth year through the twentieth year of
continuous employment, employees shall earn twenty -two (22) working days
of vacation per year.
5) From the beginning of the 21 st year of continuous employment, employees
shall earn twenty -seven (27) working days of vacation per year.
For employees hired after January 1, 2012, vacation shall be earned according
to the following schedule:
1) From the beginning of employment through the fifth year of continuous
employment, employees shall earn twelve (12) working days of vacation per
year.
2) From the beginning of the sixth year through the tenth year of continuous
employment, employees shall earn fifteen (15) working days of vacation per
year.
13
3) From the beginning of the eleventh year through the fifteenth year of
continuous employment, employees shall earn seventeen (17) working days of
vacation per year.
4) From the beginning of the sixteenth year through the twentieth year of
continuous employment, employees shall earn nineteen (19) working days of
vacation per year.
5) From the beginning of the 21 st year of continuous employment, employees
shall earn twenty -two (22) working days of vacation per year.
b. Employees may request to use earned vacation leave any time after completion of
their probationary period. These requests shall require department director or
Appointing Authority approval. Paid holidays that occur during vacation leave shall
not be counted as days of vacation leave. Employees who are absent because of
reported illness the workday before or after scheduled vacation days may be requested
to submit a doctor's statement verifying the illness.
C. Employees cannot elect to waive vacation leave and receive a cash payment instead.
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 2 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 employee working a regular schedule of twenty -four
hours or more per week 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.... Accrual q;i',sick._:ri,me_ is capr)ed._at._f t)(}._ho hours.
14
b. Sick leave may be used for an employee's own illness, illness or injury of their
children, physical examination, dental care, injury, maternity care, childbirth,
adoption, 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.
c. 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 loarr 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.
15
Special Leaves With Pay.
a. Special leaves with compensation include:
1) Funerals. A maximum of three (3) days of sick leave may be taken in the event
of death of the employee's spouse or death in the employee's immediate
family. An additional seven (7) days of sick leave may be taken upon written
approval of the Appointing Authority.
2) Military Leave for Training Purposes. Employees, who are members of any
reserve component of the military forces of the United States or National
Guard, shall be granted leave of absence not exceeding fifteen (15) working
days in each fiscal year when ordered for training, in accordance with Minn.
Stat. § 192.26.
3) Court Duty. Employees subpoenaed as witnesses or called for jury duty shall
be granted leave of absence for the time necessary to complete those 7duties.
All fees received as a witness or juror, except mileage fees for use of the
employee's private vehicle, shall be paid to the City. The employee will be
paid at their normal rate of pay while performing court duty.
4) Injured on Duty Leave. All employees certified by their physicians as unable
to work because of a work related injury shall be entitled to injured on duty
leave up to a maximum of the "waiting period" as defined under the City's
long term disability insurance program. An "injured on duty leave" is a non -
compensable privilege. If an employee on injured on duty leave has
accumulated sick leave or vacation or both, the Appointing Authority may
provide for the payment of additional benefits to the employee. Such payment
may not exceed the amount of the total sick leave and vacation accumulated
and shall not result in the payment of a total weekly rate of compensation that
exceeds the weekly wage of the employee. Such payment shall be charged
against the sick leave and vacation accumulated by the employee. The
payment is conditional upon the employee submitting to the Appointing
Authority written proof of entitlement to workers' compensation. The
payment will further only be made pursuant to a written schedule signed by
the employee and approved by the Appointing Authority. The schedule will
evidence the employee's weekly wage, the employee's weekly entitlement to
workers' compensation, and the payment of additional benefits made
calculated on a weekly rate. Injured on duty leave shall not be provided to
employees who fail to comply with procedures required by the Appointing
Authority for reporting work - related injuries.
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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
accruing benefits.
6. Special Leaves Without Pay.
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 1,250 hours over those
twelve months.
b) An employee may take a maximum of twelve (12) work weeks of
FMLA leave per twelve (12) month period measured forward from the
date an employee's first FMLA leave begins.
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.
4) Any period of absence to receive multiple treatments by a
health care provider.
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5) 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 or a
provider of health care services on referral by a health care
provider. Absence caused by substance use is not covered by
this policy.
d) When practical. Tthe 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 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
4) Any period of incapacity due to pregnancy, or for prenatal care,
or prior to an adoption to help complete the adoption process.
18
f) A regular employee may choose 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.
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 any 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 may
terminate the employee's insurance coverage.
If an employee fails to return from leave, the City can recover the
insurance premium that has been paid on behalf of the employee.
k) 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
19
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 leave.
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 for 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.
3) FMLA Related to Servicemembers
a) Leave to Care for a Covered Servicemember with a Serious Injury or
Illness: An employee who has worked a minimum of 1250 hours within
the previous twelve month period and who is the spouse, son, daughter,
parent, or next of kin of a "covered servicemember ", may be absent from
work up to 26 workweeks of leave during a 12 -month period to care for
the servicemember who has suffered a serious injury or illness while on
active duty ( "Servicemember Family Leave "). This leave is only available
during a single 12 -month period. During the single 12 -month period, an
eligible employee is entitled to a combined total of no more than 26
workweeks of leave for both the Family Active Duty Leave and the
Servicemember Family Leave.
i.The term "covered servicemember' means a member of the Armed
Forces, including a member of the National Guard or Reserves,
who is undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness.
ii. The employee will receive regular pay for the first five days of FMLA
related to a servicemember in each 12 month period.
iii. The term "serious injury or illness" in the case of a member of the
Armed Forces (including the National Guard or Reserves) means
an injury or illness incurred by the member in the line of duty
while on active duty in the Armed Forces that may render the
20
member medically unfit to perform the duties of the member's
office, grade, rank, or rating.
iv.The term "next of kin" means the nearest blood relative other than a
spouse, parent, son or daughter, with priority given to blood
relatives who have been granted legal custody, followed by
brothers and sisters, grandparents, aunts and uncles, and first
cousins. The next of kin can also be designated in advance by a
servicemember.
b) FMLA and Military Related Leaves:
An eligible employee is entitled to a combined 26 workweeks of leave for any
FMLA qualifying reason during the single 12 -month period that begins when
an employee first takes leave to care for a covered servicemember. However,
leave is still limited to 12 workweeks for all other FMLA qualifying reasons.
When leave qualifies as both military caregiver leave and leave to care for a
family member with a serious health condition during a single 12 -month period,
the city will designate the leave as military caregiver leave, not as a leave to
care for a family member with a serious health condition.
c) Employee Responsibilities for Military Related Leaves
When the necessity for Family Active Duty Leave is foreseeable, whether
because the spouse, son, daughter, or parent, of the employee is on active
duty, or because of notification of an impending call or order to active duty
in support of a contingency operation, the employee must provide such
notice to the employer as is reasonable and practicable.
d) The city may require that a request for Family Active Duty Leave be
supported by a certification issued at such time and in such manner as the
Secretary of Labor may by regulation prescribe. If the Secretary issues a
regulation requiring such certification, the employee must provide, in a
timely manner, a copy of such certification to the employer.
e) The city may require that a request for Servicemember Family Leave be
supported by a certification issued by the health care provider of the
servicemember being cared for by the employee.
4)
Political Activity Leave. City employees shall take an unpaid leave of
absence from City employment upon:
21
a) Assuming an elected federal or state public office which in the opinion
of the Appointing Authority conflicts with their regular City
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 a candidate, or during the course of candidacy, for any
elected public office, if in the opinion of the Appointing Authority the
candidacy conflicts with their regular City employment.
4) Discretionary Leave: All regular full -time and part-time employees who
have successfully completed the probationary period may be absent from work
up to six (6) months upon the discretion and approval of the Appointing
Authority. Written requests for this leave shall be submitted six (6) months
prior to the expected commencement date of the discretionary leave.
5) School Activity Leave: A regular or full - time ft employee will be granted up
to a total of sixteen (16) hours during any school year to attend school
conferences or classroom activities related to the employee's child, subject to
the following requirements:
a) The employee must have been employed for a minimum of twelve (12)
months.
b) The employee must work an average of twenty or more hours per
week.
C) The conference or classroom activity cannot be scheduled during non -
work hours.
For the purpose of such leave, a "child" means an individual under eighteen
(18) years of age or an individual under age twenty (20) who is still attending
secondary school. When such leave cannot be scheduled during non -work
hours and the need for the leave is foreseeable, the employee must provide
reasonable effort to the City and make reasonable effort to schedule the leave
so as to not disrupt unduly the operations of the City. Such leave may be
either unpaid or an employee may substitute any accrued paid vacation leave
or other appropriate paid leave for any part of such leave.
22
7. Group Insurance. Benefit plans are provided through selected carriers, administered in
compliance with their terms and applied in a uniform manner. Complete information can be
found in the summary plan descriptions. The important benefits you have while employed as
a regular full -time employee of the City of Chanhassen are described below:
a. Disability Insurance. If you become permanently and totally disabled while insured,
and if you otherwise qualify, long -term disability benefits are payable at 60% of
monthly salary (to a maximum of $5,000 per month) after ninety (90) consecutive
days of disability. These payments may continue as long as you continue to be
disabled, up to age 65.
The City pays the entire premium for these benefits.
b. Basic Life /AD & D Insurance. Eligible employees receive a Life Insurance benefit
equal to 100% of annual salary, rounded to the next even $1,000. Accidental Death
and Dismemberment benefits will be paid to you or your designated beneficiary in
varying amounts for certain injuries or loss of life. -
The City pays the entire premium for these benefits.
C. Optional Life Insurance. Eligible employees can purchase optional life insurance in
varying amounts up to 300% of annual salary. Employees pay the cost of this
coverage based on their age and amount of insurance elected.
d. Medical Insurance. Eligible employees and their eligible dependents can be covered
for medically necessary care. Eligible expenses include charges for hospitalization,
physician care, surgery, prescription drugs, and other medically necessary treatment.
You must use member providers to receive the highest reimbursement for medical
expenses. Details on this and other requirements can be found in your summary plan
description booklet for the medical plan.
The City pays the entire cost of employee coverage and 50% of the cost of dependent
coverage.
e. Flexible Spending Accounts. Eligible employees can set aside up to $5,000 per year
for Dependent Care and up to $3,500 per year ($2,500 beginning in 2012) for Health
Care expenses. These funds are contributed on a pre -tax basis.
In addition, employees purchasing dependent medical coverage pay for their share of
that coverage on a pre -tax basis.
8. WeIIness Formatted: Font: Bold
23
Rcaular and part -time emplov::es and firefighters may receive up to ten, thirty putsch
cards _ Chan ,RecC:enter f ee_ofct ark le..._Seas Seasonal em ployees_z qa L,j" ceije
up to two. thirty punch cards for every three months of work. The value of the punch
c ard .,hall be_added_tc)._the em _s..imvcheck and taxed_ as_recfuil_ed,_,.Punch c )rds...
are fir personal use br• 1110 e111pkw0e only. Punch cards will be clearly marked with
the em,p nam and ID will b e regiii for re demption_
8. Post Employment Health Care Plan
All full time employees will participate in a Post Employment Health Care Savings Plan. For
the purpose of these accounts, employees are divided into two groups. Employees in the
Administration department, Parks & Recreation Administration, Community Development,
Public Safety, Engineering and Finance are in Group One. Group Two is comprised of
employees in the Park & Rec Maintenance division, Street Maintenance division, Utility
Division, and the Equipment Maintenance Division. Participation in the PEHCP is as
outlined below:
GROUP ONE:
Emolovee % of Pav Scale
Employees with 0 -10 years of PERA service will contribute .5% of pay.
Employees with 11 -20 years of PERA service will contribute 1% of pay.
Employees with 21 -24 years of PERA service will contribute 2% of pay.
Employees with 25+ years of PERA service wil I contribute 5% of pay.
GROUP TWO:
Employees with 0 -10 years of PERA service contribute 1% of pay.
Employees with 1 1 -20 years of PERA service contribute 2% of pay.
Employees with 21 -24 years of PERA service contribute 3 % of pay.
Employees with 25+ years of PERA service contribute 7 % of pay.
Sick Hour Conversions
All employees that have over 600 hours of accumulated sick time will have %2 (one -half) of
those hours (over 600) converted into cash tax -free, only if it is deposited in their Post
Retirement Health Care Savings Account at the end of each calendar year. This conversion
will take place with the first paycheck of each calendar year.
24
Severance /Wellness Pay Outs
All eligible employees who have worked for the City for at least 5 years and have
accumulated sick time at the time they leave the city's employment will have 1 /2 (one -half) of
those hours converted into cash and deposited into their Post Retirement Health Care Savings
Account.
Vacation Hours Conversion
All employees that have accumulated vacation hours at the time they leave the city's
employment will have 100% of those hours converted into cash and deposited in their Post
Retirement Health Care Savings Account.
9. Service Awards. A service recognition award shall be given to all regular and full time
employees who have completed continuous years of service. The following awards have been
established.
a. Five (5) year certificate and twenty -five ($25) dollars..
b. Ten (10) year certificate and fifty ($50) dollars.
C. Fifteen (15) year certificate and seventy -five ($75) dollars.
d. Twenty (20) year certificate and one hundred ($100) dollars.
e. Twenty -five (25) year certificate and one hundred fifty ($150) dollars.
f Thirty (30) year certificate and two hundred ($200) dollars.
g. Thirty -five (35) year certificate and two hundred fifty ($250) dollars.
h. Forty (40) year certificated and five hundred ($500) dollars.
i. Forty -five (45) year certificate and seven hundred and fifty ($750) dollars.
SECTION 8. EMPLOYEE TRAINING AND DEVELOPMENT.
25
Tuition Reimbursement. The Appointing Authority may authorize the reimbursement to an
employee for tuition towards graduate /under graduate classes. However, if the employee
voluntarily resigns or is terminated for cause from city service within two years of the date of
the last class, the employee must reimburse the city on a pro -rated basis for all classes paid by
the city within the two year period.
2. Conferences. The Appointing Authority or its designers may authorize employees to attend,
at City expense, conferences or workshops that are j ob-related. Attendance at such
conferences shall be considered as time on duty for purposes of pay and benefits. Time spent
outside of the employee's work schedule for travel and for attendance at conferences and
workshops shall not be considered as time on duty for purposes of pay and benefits.
Reporting standards may be established by the Appointing Authority as to the knowledge
gained and /or assurances of attendance. The City will reimburse employees for expenses
incurred during the conference including travel, meals and registration fees. All conference
attendants must submit a Request for Training form to their supervisor, department head and
City Manager.
3. Mileage Reimbursement: The city will reimburse employees for mileage incurred while
using an employee's own vehicle while performing job - related work items. Reimbursement
per mile shall be calculated based on allocations allowed under federal tax regulations. The
city will not reimburse employees for mileage incurred while attending graduate or under
graduate classes. When practical, employees should use city vehicles rather than their own
vehicle.
SECTION 9. CONFLICT OF INTEREST.
I. An employee has a conflict of interest when the employee's private financial interests or
personal relationships create a conflict with the employee's public duties, whether or not
those personal interests in fact influence the exercise of the public duties. In determining
whether a conflict of interest exists, the Appointing Authority shall consider the extent to
which the personal interest appears to compromise the employee's ability to objectively and
fairly perform City duties. Examples of conflicts of interest are:
a a. Use of City time, facilities, equipment and supplies, or the badge,
Formatted: Numbered + Level 1 +
uniform, prestige and influence of City employment for private gain._
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.25' + Indent
at: 0.5'
b Use of nhotos of the eniplo in uniform or use ofLank or tint in social media "
, __, _._ ....... — - - - --
;;� Formatted: Indent: First line: 0"
profiles is prohibited. Employees should take care to clarify that statements made are
Formatted: Numbered+ Level: 1 +
personal opinion and not the official position of the—City ti`he using s ocial media.
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.25' + Indent
b. Use of non - public data obtained as a result of City employment for private gain.
at: 0.5'
26
C. Receipt or acceptance of any money, honoraria, or other benefit from anyone other
than the City for the performance of an act which is part of the employee's assigned
duties or expected activities.
d. Action taken as part of the employee's duties which affects or gives a special benefit
to the employee, the employee's spouse, or the employee's immediate family in their
private capacities, such as an employee's inspection of self - completed construction or
in their public capacities, such as where both spouses are employees or officials of the
City and their martial interests conflict with the City's interest.
2. All employees are annually required to complete a disclosure statement setting forth all
activities in which they engage or intend to engage outside the City employment for financial
gain and to be submitted during your annual review (Attachment A). Employees need not
disclose passive financial investments requiring no ongoing activity by the employee, unless
those investments are in an entity which the employee knows:
a. has a contract with the City;
b. will be bidding for a contract with the City in the following year; or
C. has pending or will submit in the following year an application for any kind of City
approval.
3. Employees shall obtain prior approval from the Appointing Authority before engaging in any
other employment, activity, or enterprise for private gain which might constitute a conflict of
interest. The Appointing Authority shall not permit outside employment or activities for
private gain which constitute a conflict of interest with public duty or are inconsistent or
incompatible with public employment.
SECTION 10. DRUG -FREE WORKPLACE.
1. Statement. Illegal drugs in the work place are dangerous to all. They impair safety and
health, promote crime, lower productivity and quality, and undermine public confidence in
our work. The City of Chanhassen will not tolerate the illegal use of drugs on public
property. Under the federal Drug -Free Work place Act, in order for this city to be considered
a "responsible source" for the reward of federal dollars, the following policy has been
developed.
2. Policy. Effective immediately, any location at which city business is conducted, whether at
this or any other site, is declared to be a Drug -Free Work place. This means:
27
a. All employees are absolutely prohibited from unlawfully manufacturing, distributing,
dispensing, possessing, or using controlled substances in the work place. The
following is a partial list of controlled substances. Personnel can provide a complete
listing and explanation of controlled substances.
- Narcotics (heroin, morphine, etc.)
- Cannabis (marijuana, hashish)
- Stimulants (cocaine, etc.)
- Hallucinogens (PCP, LSD, "designer drugs ",etc.)
b. Any employee violating the above policy is subject to discipline, up to and including
termination, for the first offense.
Employees have the right to know the dangers of drug abuse in the work place, the
city's policy about them, and what help is available to combat drug problems. This
document spells out the city's policy. The city will institute an education program for
all employees on the dangers of drug abuse in the work place. To assist employees in
overcoming drug abuse problems, the City of Chanhassen may offer rehabilitative
help.
In addition, the City of Chanhassen will provide supervisory training to assist in
identifying and addressing illegal drug use by employees.
Any employee convicted of violating a criminal drug statute in this work place must
inform the city of such conviction (includes pleas of guilty and nolo contendere)
within five days of the conviction occurring. Failure to so inform the city, subjects the
employee to disciplinary action,; up to and including termination for the first offense.
By law, the city will notify the federal contracting officer within ten (10) days of
receiving such notice from an employee or otherwise receiving notice of such
conviction.
The city reserves the right to offer employees convicted of violating a criminal drug
statute in the work place participation in an approved rehabilitation or drug abuse
assistance program as an alternative to discipline. If such program is offered and
accepted by the employee, then the employee must satisfactorily participate in the
program as a condition of continued employment.
3. Acknowledgement. All employees are asked to acknowledge that they have read the policy
and agree to abide by it in all respects. By law, this acknowledgement and agreement are
required to be acknowledged as a condition of employment.
28
1. _ -lll use tobacco is prohi_t�_i_ted__iii i_t�.._buil li .n_ clud but_ is - _not - � Formatted: Numbered + Level: 1 +
limited to smoking and che14'ing, tobacco. C ity Cn CCS ShOUld use tobacco only oil their Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: - 0.25" + Indent
breaks. in desi-mated outdoor areas. at: 0"
1 VJJ4JJ1Vit Vl UJI: Vt Uitt3L;C.1 VltJ 1�'CA. 31 )IiJ. ItkLi Utli(i6; A;(J.AIU UIIJ GEIIU }.tt C:Gli (f €), €. }y l.il \'
ernplovees is prohibited on City property and in Citv vehicles and apparatus; or any time
while worl:in� in an official ca , C %j
a. Etrolovees may possess firearms in City-owned parking areas if the employee holds a ° ? Formatted: Numbered + Level: 2 +
valid permit (Provided one is required) and the firearm in concealed and locket Num bering S ty l e: a b, ce ... +
Align Start at: I +
I
um
_. Alignment: e + lign a " + Indent
Within a personal vehicle. at: 0.s^
b. This p does not apply sworn 1 1a�t enforc offices, either on o oPPduty, or
_ - - -.._. - -- -- - - - - -- - --
other employees who are in possession of a weapon or firearm as part of their official
duties
SECf ION 1-12. SEXUAL HARASSMENT.
Policy Statement. The City absolutely prohibits sexual harassment by all employees at all
levels. It is the policy of the city to maintain a work environment free of sexual harassment, a
form of sex discrimination in employment prohibited by Section 703 of Title VII of the Civil
Rights Act of 1964 and by the Minnesota State Statutes Chapter 363, Minnesota Human
Rights Act.
The sexual harassment of any employee of the city by another employee is both demeaning to
both the victim of the harassment and to the city. Harassment can result in high turnover,
absenteeism, low morale, and an uncomfortable work environment. The city will not tolerate
the sexual harassment of any of its employees, and will take immediate, positive steps to stop
it when it occurs.
2.
Definition. Unwelcome sexual advances, request for sexual favors, sexually motivated
physical contact or communication of a sexual nature constitute sexual harassment when:
a. Submission to such conduct or communication is made either explicitly or implicitly a
term or condition of employment.
b. Submission to or rejection of such conduct or communication by an individual is used
as the basis for employment decisions affecting such individuals.
C. Such conduct or communication has the purpose or effect of substantially interfering
with an individual's employment or creating an intimidating, hostile, or offensive
working environment.
29
3. Types of harassment.
a. Verbal Harassment:
* Sex orientated verbal kidding or abuse.
* Use of offensive or demeaning terms which have sexual connotations.
* Whistling, catcalling or leering.
* Unwelcome vulgar or obscene jokes or language.
* Commenting on the appearance of an individual in a sexual way.
* Recounting one's sexual exploits for the people in the office or work place.
Starting or spreading untrue rumors about the sex life of an employee.
Subtle or overt pressure for sexual activity.
*Sending or forwarding emails or websites with content described above
b. Physical Harassment
* Soliciting or pressuring someone to sit on your knee, hug you, kiss you, or be
overly friendly.
* Objectionable physical proximity or physical contact.
* Physical contact such as patting, pinching, or brushing against another's body.
* Unwelcome touching gestures.
* Impeding or blocking movement or any physical interference with normal work or
movement.
* Grabbing or tearing someone's clothing.
* Physically forcing sexual activity on someone (assault).
C. Visual Harassment
* Displaying offensive sexually- oriented jokes and pictures, which may include
pinups and posters.
* Revealing parts of your body in violation of common decency.
* Offensive or intimate personal gestures or touching.
* Displaying offensive sexually- oriented letters, poems, graffiti, cartoons, or
drawings.
4. The City will not tolerate sexual harassment of its employees by anyone, including
supervisors, other employees, elected or appointed officials, and members of the public.
5. An employee being sexually harassed by a supervisor, co- worker, elected or appointed
official or citizen, or who knows of activities which constitute sexual harassment should
report such harassment or activity to the Appointing Authority or to the Mayor if the
30
Appointing Authority is the alleged harasser. The Appointing Authority or Mayor will
investigate the report and take appropriate action.
6. The City will not tolerate retaliation against an employee who reports activities constituting
sexual harassment. The City will discipline any employee who retaliates against another
employee who reports alleged sexual harassment or who testifies, assists or participates in
any manner in any investigation into a report alleging sexual harassment. Such retaliation
includes, but is not limited to, any form of intimidation, reprisal or harassment.
SECf ION 133. TERMINATION AND LAYOFF.
1. Termination. Employees of the City may be terminated from the City's service because of
retirement, resignation, dismissal, reduction or change of work, lack of funds, or other
reasons.
2. Resignation.
a. An employee who wishes to resign from the City's service in good standing because
of retirement or other reasons shall give the Appointing Authority at least fourteen
(14) calendar days notice prior to the date of termination. Department directors shall
give thirty (30) calendar days notice. The notice should be in a form prescribed by the
Appointing Authority. The Appointing Authority may agree to a shorter period of
notice in unusual circumstances. Any vacation or other leave time used after the
notice must be approved by the Appointing Authority.
b. An employee who does not submit such a notice shall be considered as having
terminated not in good standing. Other terminations may be classified as not in good
standing in the discretion of the Appointing Authority. Written notice of the decision
that the termination is not in good standing shall be submitted to the employee within
five (5) working days after the decision.
C. The Appointing Authority may, in its own discretion, deem an employee to have
voluntarily resigned if the employee is absent from work for a period of three (3)
working days or more without notifying the immediate supervisor, department
director, or Appointing Authority of the reasons for the absence and obtaining
permission. The same shall apply when an employee fails to return to work within
three (3) days after an authorized leave.
3. Penalties. Termination not in good standing shall be noted in the employee's personnel file.
In that case, the employee may not be considered eligible for re- employment, and the
employee may also be denied severance benefits in the discretion of the Appointing
Authority.
31
4. Layoffs. Layoffs will be conducted in accordance with adopted administrative policy.
Layoffs shall occur by seniority within your area for full and part -time positions.
a. Non- exempt employees who are laid off shall receive their vacation balance, half
of their sick leave balance, plus one week severance pay for each year of service.
5. Termination Pay. Regular employees who die or otherwise leave the City after five years of
service shall receive:
a. Pay equal to the amount of accumulated, unused vacation leave;
b. Pay equal to one -half of the accumulated, unused sick leave;
c. Non - exempt employees shall receive pay equal to the amount of accumulated,
unused compensatory time;
d. Exempt employees who involuntarily leave the City's employment shall receive -
four (4) months severance pay less any vacation leave and sick leave payments
employee may receive as termination benefits.
e. Termination pay of deceased employees shall be paid to the beneficiary designated
in the life insurance policy provided by the City.
SECf ION 134. GENERAL DRIVING SAFETY.
All drivers of municipal vehicles and those using their personal vehicle in pursuit of municipal
business, will comply with all applicable laws of the state as well as any additional regulations of the
municipality. Emergency vehicles under pressing emergency situations are exempted from the usual
motoi vehicle laws and rules but are required to exercise due caution and care in travel. Ianployees
who � re cited for driving violations while driving a City vehicle are required to immedi report
the ci ation to their supervisor.
I. Parking.
a. Municipal vehicles are not to park in "NO PARKING" zones except in emergency
situations or in required performance of official duties. At those times a vehicle is
parked in a "NO PARKING" zone, emergency flashers will be turned on.
b. No municipal vehicle is to be left unattended with the ignition key left in the ignition
and the doors unlocked unless emergency circumstances prevail.
C. Employees who occupy a metered parking space will pay the meter for the duration of
the day. Cost will be reimbursed according to personnel policies.
32
d. Before initial use of any vehicle, each day, the driver will walk around and inspect the
vehicle for damage, inoperable lights, loose hardware, under- inflated tires, or any
other condition which may cause an unsafe situation. They will also make any other
equipment checks per their department's policy.
e. Any deficiency noted during the pre- inspection will be reported to a supervisor
immediately.
2. Equipment.
a. Safety belts will be worn at all times by drivers and passengers.
b. Drivers will follow Minnesota Driving laws and carry their state's drivers license.
C. Turn signals will be utilized by all drivers at all times to warn surrounding
vehicles in ample time.
d. Drivers will ensure that the windows, headlights, tail lights and windshield wipers
are clean and operational at all times.
e. In any case, the driver of the vehicle is responsible to see that all necessary
conditions are met on his /her vehicle before he /she operates it.
3. Operation.
a. Backing up vehicles without a clear view of the rear end will be done with the
assistance of a guide. If a second person is in the vehicle, he /she will get out and
direct the vehicle back using verbal and appropriate hand signals. If the driver is
alone, he /she will get out of the vehicle and inspect the area behind before
backing.
b. Suspension or loss of driving privileges will result in full -time drivers being
temporarily reclassified until such a time as their driving privileges are reinstated
or a temporary restricted permit is issued.
C. Except in authorized emergencies, posted speed limits will be strictly adhered to
and then only according to state statutes.
d. Drivers will direct their full attention to driving only. Inspections of streets, trees,
signs, etc. wil I be made by a second person other than the driver.
33
e. During periods of limited visibility or any time windshield wipers are in use, the
headlights will be turned on.
f. Consumption of alcoholic beverages, narcotics or drugs .(other than prescribed
medication fi•om a doctor that does not impair the driver and the safe operation of
the vehiclel are STRICTLY prohibited.
g. All items transported either in a truck or trailer, which may move around during
transportation will be secured.
Adopted by the Chanhassen City Council on December 12, 1994.
Amended by the Chanhassen City Council on June 12, 1995.
Amended by the Chanhassen City Council on December 11, 1995.
Amended by the Chanhassen City Council on January 10, 2000.
Amended by the Chanhassen City Council on April 8, 2002.
Amended by the Chanhassen City Council on September 23, 2002.
Amended by the Chanhassen City Council on October 28, 2002.
Amended by the Chanhassen City Council on November 25, 2002.
Amended by the Chanhassen City Council on February 12, 2007.
Amended by the Chanhassen City Council on November 8, 2009.
Amended by the Chanhassen City Council on December 12, 2011.
34
ATTACHMENT A
STATEMENT OF REPRESENTATION
I have read Minnesota Statutes Section 471.87, 471.88, 471.881, 471.89 and 412.311. I
understand that the term "contract" includes the purchase of goods and services.
❑ I hereby certify that I have not voluntarily had a personal financial interest in the sale,
lease or contract of the city, nor have I personally benefited from any such transaction. I
will notify the City of Chanhassen promptly if there is a change in my current status.
an
Title:
Date:
❑ I hereby certify that I have (had) a personal financial interest in a sale, lease and /or
contract of the city and /or have personally benefited financially from such a transaction.
The circumstances and statutory exception (authority) for all such financial interest are
described below:
By:
Title:
35
SECTION 1: INTRODUCTION
PURPOSE
The Chanhassen Fire Department (CFD) Handbook is provided to help firefighters become acquainted with CFD
policies and procedures. It is intended to serve as a guideline and may be amended by the City Manager without
notice. Neither the contents of the handbook nor any amendments constitute an employment contract.
Firefighters and the City have the right to terminate the membership for any reason, with or without notice. This
handbook replaces and revokes all previous handbooks.
MISSION
The mission of the Chanhassen Fire Department is serve our customers by minimizing the loss of life and property
in the City of Chanhassen from fires, natural disasters, and life threatening situations.
VISION STATEMENT
It is our vision to be known as an innovative, progressive and customer centric organization. We are dedicated to
work with our partners to deliver effective, efficient and safe emergency services to our customers including:
• Fire prevention programs
• Fire and safety education to the public
• Fire suppression
• EMS and rescue services
We strive to offer the best available education and training to our members. We are committed to providing an
environment which fosters professionalism and teamwork among members. We desire to have an atmosphere
of open communication and a positive work environment to encourage the best possible service for our
customers.
SCOPE
The CFD Handbook applies to CFD members. The City of Chanhassen Personnel policies also apply to firefighters.
The Handbook applies to you when you are functioning as a CFD firefighter. It does not apply to you when you
are acting in any other capacity for the City. If you are a CFD member and you also have another employment
position with the City of Chanhassen, you should operate under the City's Personnel Policy. In the event there is
a conflict between these two policies, the conflict should be brought to the attention of the City Manager and will
be resolved.
CONTENT
Each new member of the CFD is furnished a copy of this handbook and he /she is required to be completely
familiar with its contents. Changes, additions, or deletions to handbook content are only valid when approved by
the City Manager. As changes, additions, or deletions are made to handbook content, each member will be
Introduction (January 2013) Page 1:1
issued updated information via e-mail. A current copy of the handbook will be maintained on the Fire
Department's intranet site. It is each member's ongoing responsibility to stay current on the handbook content
Introduction (January 2013) Page 1:2
SECTION 2: MEMBERSHIP
DATA PRACTICES AND PERSONNEL FILES
The Chanhassen Fire Department (CFD) maintains firefighter records for the City of Chanhassen in accordance
with the Minnesota Data Practices Act. Please refer to The City of Chanhassen Data Practices Act Guide: by
Individuals on Themselves for complete information.
Highlights from this Guide:
You have the right to review or receive a copy of the contents of your Personnel file, upon written request
to the Assistant City Manager, once every six months as an active Firefighter and once each year after
termination of your employment for as long as the files are maintained.
You have the opportunity to dispute information that is contained in your file and request that
information be removed. If we do not agree with your request to have the information removed, you
have the opportunity to include a statement that outlines your position.
ELIGIBILITY
All applicants must meet the following requirements in order to be eligible for a firefighting position:
• Be 18 Years of age or over;
• Hold a Valid State of Minnesota driver's license;
• Have a primary residence within eight minutes driving time (determined by a Google maps query) of their
assigned fire station.
0 Successfully complete and pass the City's pre - employment process, including, at the City's expense:
o Oral Interview
o Pre - Employment Physical Examination
o Pulmonary Function Test
o Physical Ability Test
o Drug and Alcohol Screening
o May Include Psychological Examinations.
• Training requirements are further detailed in the Chapter 4 of the SOG's.
A conditional offer of employment may be made pending the outcome of the pre - employment process. If the
results of the background /reference check or the medical examination indicate that the candidate is not
eligible for the position, the candidate will be notified of the reason in writing within ten days of the decision.
Membership (January 2013) Page 2:1
Selected Candidates who have successfully completed the background /reference check and medical examination
will meet with the Fire Chief or his /her Designee for a member orientation meeting to further describe position
duties, performance expectations, training requirements, and the Department's policies and standard operating
guidelines. Recruit firefighters will be considered to be in a probationary status for a minimum 12 month period.
• Within one year, Firefighters should successfully complete:
o Firefighter One
o Firefighter Two
o HazMat Operations
o Medical Certification — First Responder OR EMT
• After one year, Regular Paid on Call firefighters must maintain required certifications and training as
defined in Chapter 4 of the SOG's. In addition regular paid on call firefighters must successfully complete
ongoing physical agility testing and health surveillance requirements.
• All firefighters must have current CPR Certification, Medical Certification, and be a State of Minnesota
licensed firefighter.
SELECTION OF NEW FIREFIGHTERS AND INTERNAL POSITIONS
The selection process for new members is determined by the Fire Chief and /or City Manager. At a minimum,
applications and notice of openings will be posted on the City's website. The process of selection for the Fire
Chief is the responsibility of the City Manager. The Fire Chief is responsible for the selection and process of
selection for all Officers. Position descriptions and appointment process is located in Chapter 6 of the SOG
manual.
DISCIPLINE
Firefighters may be subject to disciplinary action for failing to fulfill their duties and responsibilities or failing to
observe work rules. The City will administer discipline in accordance with state and federal law and without
discrimination. When appropriate, the immediate reporting officer, next reporting officer, or member of the
Command Staff, in consultation with the Assistant City Manager, shall investigate allegations. In some cases,
disciplinary action will be progressive and include: verbal warnings, written warnings, suspension without pay,
and /or termination.
The type of discipline imposed is at the discretion of the City. Other disciplinary actions may be taken in lieu of
the disciplinary steps outlined above. Nothing in this policy is intended to guarantee that the City or CFD shall
follow any disciplinary steps before terminating a Firefighter for any reason.
COMPLAINT PROCESS
If the complaint relates to harassment, firefighters should see the City's Personnel Policy and proceed directly to
the City Manager, Assistant City Manager, or City Attorney.
It is the goal of the CFD to maintain cooperative working relationships among members. In the event of a
complaint, the following process shall be followed.
Membership (January 2013) Page 2:2
STEP ONE: The member should discuss and attempt to resolve the matter with his or her immediate reporting
officer. The reporting officer will consider and examine the complaint. Neither the complaint nor response is
required to be in writing.
STEP TWO: If the complaint is not settled by discussion with the immediate reporting officer within ten business
days, the member shall inform the immediate reporting officer and then proceed to submit the complaint in
writing to the next reporting officer. The next reporting officer shall issue a written decision to the member
within ten business days of the complaint.
STEP THREE: If the complaint is not successfully resolved by discussion /the written decision with the next
reporting officer at step two, the member may appeal the decision in writing to the Fire Chief within ten business
days of receiving the next reporting officer's Step Two decision. The Fire Chief will work with reporting officers,
member, and anyone else necessary to reach a decision. The Fire Chief will issue a written decision to the
member, his reporting officer, and next reporting officer within ten business days of the written appeal.
STEP FOUR: If a member is not satisfied with the decision rendered by the Fire Chief, he /she may then approach
the City Manager. The City Manager will work with the Fire Chief. The decision of the City Manager is final.
RESIGNATION
In order to resign in good standing, a member is encouraged to provide his or her immediate reporting officer
with written notice of resignation at least 14 days prior to resigning from service. This includes both employment
in general and officer positions. Members eligible for a pension should refer to the Chanhassen Firefighters
Relief Association Bylaws for additional requirements.
Membership (January 2013) Page 2:3
SECTION 3: ATTENDANCE AND LEAVE
ATTENDANCE
The CFD has two components of required attendance: Training and Call Response. In order to be eligible for
service credit through the Chanhassen Firefighters Relief Association, the member must maintain a 25% call
response and 60% training attendance record for each quarter. Every member shall be subject to call at all times
and make every effort to respond whenever possible.
TRAINING
All Monday night training is required. Firefighters must attend 60% of trainings per quarter to remain in good
standing. Generally, 6 -9 trainings are held per quarter and the Training Schedule is available six months in
advance. Firefighters are not entitled to make -up training. Make -up training may be authorized in situations
where the schedule conflict is outside of the Firefighters control (i.e. assigned a conflicting work shift). With pre -
approval, the member may attend alternate training with another Department. The most common arrangements
will be with the Eden Prairie or Minnetonka Fire Department, but others may be approved.
Certain trainings require make -up if missed. This includes but is not limited to: Right -to -Know, Bloodborne
Pathogens, and CPR Refresher. For a complete list refer to the SOG manual Chapter 4.
LIGHT DUTY
In the event that a Firefighter is unable to perform his /her duties as firefighter due to work restrictions, related to
a medical condition, injury, or illness, the CFD may assign light duty. Availability is subject to Department needs,
and the CFD is not obligated to provide light duty.
MILITARY LEAVE
Firefighters who are called to Active Duty for the U.S. Military are exempt from call response and training
requirements. The member will continue to receive all benefits and service credit in accordance with USERRA.
MEDICAL LEAVE
A firefighter is entitled to up to 90 days of leave with the ability to extend leave 90- days at a time, for a
maximum of one year of medical leave. Member may be asked to provide certification of medical leave. At least
one complete year of service without leave is required in order to be eligible. There is no limit on total number
of medical leaves that can be granted as long as the one year requirement is met.
PREGANCY LEAVE
In accordance with MINN.STAT. §363A.08, Subd. 1 (5), and the Americans with Disabilities Act, a pregnancy related
disability will be treated the same as other disabilities. Appropriate medical leave or limited light duty status will
be granted for a pregnancy related disability.
A member may request medical leave for pregnancy and will be granted a leave for up to six (6) months, with an
extension of up to 6 months, for a total of one year.
Attendance and Leave (January 2013) Page 3:1
PERSONAL LEAVE
A firefighter may request personal leave from the Fire Chief. No call pay or service credit is earned during a
personal leave. A firefighter is entitled to a leave of up to six months, with up to six months extension available,
in increments of no less than one month, for a total lifetime maximum of one year.
VACATION
Firefighters do not earn vacation in their first year on the Department. Vacation is not paid. Calls that occur on a
vacation day are not included in the call response rate. Vacation days are earned according to the following
schedule:
o One to Four Years: Fourteen Days
o Five to Nine Years: Twenty -one Days
o Ten to Nineteen Years: Twenty -eight Days
o Twenty to Twenty -Four Years: Thirty -five Days
o Twenty -Five to Twenty -Nine Years: Forty -two Days
o Thirty Years: Forty -nine Days
HOLIDAYS
The Fire Department does not have paid holidays. However, there will be no scheduled training during the week
of Memorial Day, Fourth of July, Thanksgiving, and Christmas. If New Years Eve /Day holidays fall on a Monday
and on Labor Day, training /meetings will be rescheduled to Tuesday. The following city holidays are not
observed by the Fire Department for scheduling purposes: MLK Day, Presidents Day, and Veterans Day.
FUNERAL LEAVE
Firefighters may be granted up to three days funeral leave for the death of an immediate family member,
including parents, siblings, grandparents, and children. Step - parents /siblings and half - siblings count as
immediate family. These three days shall be excluded from the call percentage calculation for the quarter.
Additional time needed shall be accommodated through the vacation policy.
BONE MARROW DONATION
Firefighters will be granted seven days of leave for the donation of bone marrow. Said leave is not paid, but calls
will not be counted in call response percentage for the quarter.
JURY DUTY
If a firefighter is on jury duty, calls during the hours which the member is obligated to jury duty shall not be
counted against their call response percentage for the quarter. These hours will typically be 8 am to 5 pm,
Monday through Friday.
Attendance and Leave (January 2013) Page 3:2
GOOD STANDING
In order to be considered in good standing for pension and employment purposes, a Firefighter must maintain a
25% call response and 60% training attendance record for each quarter. In the event that those percentages are
not met, the following shall occur:
At the close of each quarter, the Fire Chief is notified of any member who is not meeting the requirements. A
letter addressing the issue is sent to the member's home, supervisor, Fire Chief, the Chanhassen Firefighters
Relief Association, and Personnel File. A counseling session with the Chief and /or Fire Leadership may be held.
If the member receives four letters (bad quarters), termination will occur. In order for a letter to lose standing in
regards to consideration regarding performance in the file, member must have four good quarters. Any four
letters not separated by a good year will result in termination.
Training and Call Response are tracked separately. For instance two bad quarters regarding training followed by
two bad quarters of call response would not result in termination, assuming that the member was in good
standing on the opposite issue for each quarter.
SERVICE CREDITS AND RANK
Firefighters on leave for more than three months may be required to forfeit rank, position, and committee
involvement depending on the needs'of the Department. Firefighters must reapply for any leadership position or
committee involvement upon return.
Attendance and Leave (January 2013) Page 3.3
SECTION 4: BENEFITS
EMPLOYEE ASSISTANCE PROGRAM
The City of Chanhassen provides a confidential resource and referral service to assist employees and their
families. Members have access to this resource 24 hours a day. Counselors can assist with personal and work
concerns, family issues, legal concerns, financial planning, and many other issues. For current information on the
EAP provider, contact the Fire Chief, Assistant Finance Director, or Assistant City Manager.
For Critical Incident Stress, the CFD will sponsor a debriefing session led by a team of specifically trained mental
health counselors and peers. A CFD member can request such a session following any critical incident.
GENERAL CALL PAY
Firefighters responding to calls will receive a minimum of one hours pay. Calls that last between one and two
hours will receive two hours pay. Calls beyond two hours will be paid at quarter hour increments.
TRAINING PAY
Firefighters attending training will receive a minimum of one hours pay. Training that last between one and two
hours will receive two hours pay. Training beyond two hours will be paid at quarter hour increments. Truck
check performed at regularly scheduled training sessions will be credited as training time.
POSITION PAY
Officers and coordinators will receive a monthly stipend for duties performed as noted in the Chanhassen Fire
Department Position Pay Schedule.
FITNESS FACILITY
A Fitness Facility is provided within the Main Fire Station for use by Firefighters and their families. Equipment in
the Fitness Facility is provided by the City of Chanhassen and the Chanhassen Firefighters Relief Association.
Firefighters and Family members assume all risks associated with use.
Firefighters are also eligible for up to ten, 30 -day punch cards to the Chanhassen Rec Center per year. See the
City personnel policy for full details.
PAY PERIODS AND PAYCHECKS
Firefighters are paid on a monthly basis. Pay for the month is paid on the second pay period for the City of
Chanhassen following the end of the month. Call Response, Training, and other time are tracked via sign -in
sheets. A separate time card is not required. An employee who finds a discrepancy in their paycheck and hours
worked may request a separate check to account for those hours. The Finance Department will issue that check
within one week of request.
LIFE INSURANCE
In the event of a line -of -duty death, Firefighters are covered by a variety of life insurance programs.
Dependants of the firefighter are also eligible for benefits through the City of Chanhassen Workers Comp
Insurance program. Please see Benefits summary prepared by the Chanhassen Firefighters Relief Association.
Attendance and Leave (January 2013) Page 4:1
RETIREMENT PROGRAM
The retirement program is maintained by the Chanhassen Firefighters Relief Association. Specific details on the
program can be found in the Chanhassen Firefighters Relief Association Manual. Minnesota State Statue defines
volunteer firefighters as those receiving credit in an association or fund (such as the Chanhassen Firefighters
Relief Association). For this purpose, Chanhassen firefighters are considered volunteer firefighters.
Attendance and Leave (January 2013) Page 4:2
SECTION 5: CITY AND DEPARTMENT POLICIES
GENERAL CONDUCT GUIDELINES
Please see the City's Personnel Policy for a complete list of Policies.
The CFD's effectiveness depends on the respect and confidence of residents, business owners, firefighters, and
the general public. Firefighters are expected to conduct themselves, both on and off duty, in a manner that
supports this trust.
Misconduct will generally fall in two categories:
• Behavior that adversely impacts the firefighter's ability and capacity to perform job duties with the trust
of the organization and or public, and /or;
• Behavior that adversely impacts the firefighters reputation and diminishes the trust of the public.
Firefighters should be aware that certain types of off -duty activities may be considered misconduct, and, as such,
may result in discipline or termination of employment. Any reports of off duty misconduct will be reviewed on a
case by case basis. The review will take into consideration the firefighter's job duties, as well as the reported
behavior.
Specific examples of activities that could constitute off -duty misconduct include but are not limited to:
• Arrest or conviction of a crime related to the firefighters position or duties.
• Driving violations related to the firefighter's position or duties,
• Engaged in inappropriate behavior with subordinates,
• Sharing restricted or non - public information,
• Making disparaging work - related comments about a customer or another firefighter in a public forum
that diminishes the public's trust in our organization or its operations,
• Misrepresenting the employee's personal opinions as being the official position of the City. Firefighters
should never use the City logo or their job title when expressing a personal opinion.
o This includes during use of social media. Employees shall not use photos in uniform or their title in
profile information for social media.
This policy does not and is not intended to restrict an employee's First Amendment rights or prohibit firefighters
from discussing work - related conditions with other firefighters.
Contact your immediate or next reporting office regarding expectations of conduct.
City and Department Policies (January 2013) Page 5:1
ACCEPTANCE OF GIFTS AND GRATUTITIES
As detailed in the City's Personnel Policy, firefighters are not able to accept or solicit gifts from members of the
public, vendors, etc. Individuals or group wishing to donate to the Fire Department should work with the City of
Chanhassen or the Chanhassen Firefighters Relief Association.
NON - PUBLIC DATA
In the performance of City business, a firefighter may have access to information or records that are not public
information. Disclosure of such information may be made only in accordance with established City policies, state
and federal law.
Firefighters are prohibited from taking or disseminating pictures or video of calls and incidents for personal use.
Violating data privacy will be grounds for termination. Firefighters who are uncertain about the release of
information should consult their immediate or next reporting officer or any member of the Fire Command Staff.
Firefighters are generally not authorized to speak with the Press. Please refer all Press Requests to the CFD PIO
or Fire Chief. See SOG's for more specific details.
EQUIPMENT
City equipment is for business use only. In no case should City equipment be removed from City property for
personal use. Employees are expected to treat City equipment in a manner that will promote the longevity of
that equipment.
In some instances, City equipment is available to promote the off -duty presence of firefighters at the Station.
Within reason, these assets may be used for personal use. This includes items such as car washing stations,
televisions, fitness facility, and kitchen facilities.
In the event of Damaged Equipment, firefighters are responsible for documenting the damage and reporting it
their immediate reporting officer as soon as possible.
No ride- alongs shall be allowed or approved during emergency operation of any apparatus without approval of
Fire Chief.
Any member who has concerns regarding possible violations or situations which might pose a safety threat to themselves
or fellow firefighters should bring these concerns to the attention of the Safety Officer or any Officer immediately for
corrective action.
All areas of the Fire Station and vehicles remain property of the City. This includes personal space such as
lockers, offices, and work stations. The City retains the right to enter or inspect these areas without the
member's consent.
POLITICAL ACTIVITY
As an individual, a firefighter may express his or her opinion on political issues and candidates, and otherwise
participate in public affairs when not discharging official duties during off work hours.
Please see the City's Personnel Policy for further details.
City and Department Policies (January 2013) Page 5:2
PUBLIC HEALTH THREAT
When determined appropriate by the Fire Chief /City, a firefighter may be placed on immediate leave if a
firefighter's health creates a public health threat for firefighters or others. If a firefighter is placed on leave due a
public health threat, the firefighter may not return to work until authorized by the Fire Chief.
City and Department Policies (January 2013) Page 5:3
^�o�
LEAGUE or CONNECTING cSz INNOVATING
MINNESOTA SINCE 1913
CITIES
RISK MANAGEMENT INFORMATION
FIRE DEPARTMENT BYLAWS
WHO'S IN CHARGE?
The purpose of this memo is to discuss alternatives for handling items typically found in fire
department bylaws and the appropriateness of fire department bylaws, generally. For purposes
of this discussion, we'll focus on city fire departments —not independent joint powers or not -for-
profit fire departments. It's important to note that the existence of bylaws does not establish a
separate fire department agency. Only a joint powers agreement or articles of incorporation can
accomplish this goal.
Bylaw Provisions Better Stated as HR Policies
Fire department bylaws have been around for as long as organized fire suppression in
communities. For many fire departments, the bylaws represent not only a set of operating
guidelines and rules about fire department activities, but also the spirit and camaraderie of
firefighters.
Typical provisions of fire department bylaws include things like how many members a fire
department has, how far away from the fire hall a firefighter should live, when and how
department meetings will be conducted, how new fire department members and officers will be
selected, and how firefighter discipline will be handled.
Fire department bylaws often address personnel matters and establish employment policies for
firefighters. Regardless of a firefighter's status — whether full -time paid, paid -on -call, or
volunteer — firefighters are considered city employees for most purposes, including things such as
workers' compensation insurance and various employment laws.
For the most part, firefighter personnel policies are better
housed with the city's human resources (HR) practices and
policies. While there may be certain policies that apply
only to firefighters, this does not mean the fire department
personnel policies should be kept separate from all other
city personnel policies. Maintaining all HR practices and
policies in one place will assure adequate policy updates,
necessary training, and consistency among employees.
Learn More
Read more about important HR
considerations in:
HR Issues for Cities and Fire
Departments
This material Is provided as general information and is not a substitute for legal advice.
Consult your attorney for advice concerning specific situations.
LEAGUE OF MINNESOTA CITIES 145UNIVIIhs11YAVL_WLSr 111 -1200 1 X;(651)281 -1"298
INSU TRUST ST VAU I„ MN 55103-2044 I'M FRI V: (800) 925 - 1122 wiAl WWW .1 MC.OR
There are a few types of personnel policies in typical fire department bylaws that bear additional
discussion:
Age Requirements
Bylaws often establish a minimum and maximum age for firefighters. A minimum age standard
can be established. In fact, state law generally prohibits hiring someone under age 18 to be a
firefighter, due to the hazardous nature of firefighting duties. Some minors may participate in
firefighting activities as part of certain training programs authorized by state law.
Establishing a maximum age for firefighters is more questionable. Federal law allows mandatory
retirement for public safety officials, including firefighters, at age 55 or after. Minnesota laws are
ambiguous regarding a mandatory retirement age for firefighters. A city interested in establishing
a mandatory retirement age for firefighters should seek legal advice prior to implementing such a
policy.
Note that a city may lawfully establish a maximum age for entry into employment as a firefighter.
And it's important to distinguish between minimum and maximum age limits allowed in
conjunction with employment practices vs. those that may be allowed by Minnesota statutes
governing relief association benefits and eligibility.
Response Distance
Bylaws sometimes establish a radius within which firefighters are expected to live. Cities are
prohibited from requiring residency as a condition of employment. This includes and applies to
volunteer firefighters. Cities can impose a reasonable response time, but it should be based on
minutes rather than miles.
Remember that Minnesota law requires firefighters responding to an emergency to follow all
traffic laws, including posted speeds. Policies related to response time should be based on normal
driving behavior.
Minimum Run Standards
Fire department bylaws might include a minimum number of runs firefighters need to attend in
order to remain "eligible." The key question here is: Eligible for what?
If this provision means eligibility for continued employment, this provision belongs with the city's
other HR policies. If this means eligibility for relief association benefits, the policy should be part
of relief association documentation rather than fire department bylaws.
Selection Criteria and Election Practices
Some departments still elect new firefighters and /or officers. The election process may require
that certain minimum criteria be met before an election takes place among qualified candidates.
2
The election process in fire departments needs to be eliminated altogether. While this process may
be deeply established in fire department practices, in most cities only the city council is authorized
to hire employees, including volunteer firefighters. In some cities, the city manager or
administrator might be authorized to hire employees. But
in no case may employees be hired by a vote of other
employees.
In addition, an election process cannot be defended in the
face of a lawsuit alleging discrimination. If a 30- year -old
is elected rather than a 60 -year old, and the 60- year -old
claims age discrimination, there's simply no way to prove
that it wasn't a discriminatory decision if all you have is
the election result.
Learn More
Read more about selection criteria for
firefighters and election practices in:
Selection Vs. Election: The Choice Is
Clear
It's perfectly fine —and even desirable —to have firefighters give input as to who might make a
good fire department employee or officer, but ultimately the hiring decision rests outside of the
firefighters, themselves.
Selection criteria for firefighters —such as written exams, minimum cdrtifications, physical fitness
or agility requirements, and oral interviews —are entirely appropriate and strongly encouraged.
These criteria belong with the city's other HR requirements and hiring policies.
Note that elections for relief association officers are also entirely appropriate. The process being
discussed here is specific to fire department elections.
Job Duties
Any definition of firefighter job duties belong with the city's other job descriptions, in HR
policies. There's no reason to have job duties defined or described in fire department bylaws.
Code of Conduct and Behavior Standards
Bylaw provisions sometimes include appropriate behavior for firefighters, whether on- or off -duty.
These standards are typically ill- defined and hard to measure, such as language requiring
firefighters to "perform in a manner likely to support efficient fire operations" while on -duty; or
act "appropriately" when off -duty and in public.
Performance standards established in a code of conduct
need to be measurable and applied consistently among all
members of the department; and any resulting discipline
needs to be handled in accordance with city policy. In
short, these bylaw provisions are really employee
performance criteria and belong with the city's HR
policies.
Learn More
Read more about off -duty conduct
expectations in:
Off-Duty Conduct: Legal Issues and
Practical Solutions
Discipline
Many bylaws contain provisions allowing some group - maybe the executive committee of a fire
department, officers, or even the whole of fire department members - to administer discipline
against a firefighter for failure to follow bylaw rules or for other inappropriate behavior.
It's very important that employee discipline policies be
clear and applied fairly and justly across the board.
Similar to hiring, only a city council or its delegee is Learn More
authorized to discipline employees. Discipline by other Read more about discipline in:
measures needs to be eliminated unless it's part of an Discipline and Termination in the
authorized city HR policy. Under no circumstances Public Sector
should the discipline of a firefighter be determined by a
vote of other firefighters.
Officer Roles
Fire department bylaws may provide for election of officers and may define the roles of such
officers. The first issue here relates back to department elections. Fire department elections need
to be eliminated altogether, whether it is the election of new firefighters or officers.
The issue of establishing and defining officer roles is perhaps more difficult to consider. Bylaws
often set forth the typical roles of chief, assistant chief, captain, etc., but then also provide for a
president, vice - president, secretary and treasurer.
If there is a fire department president or vice - president, how does that role differ from the chief
and assistant chief? If there is need for both roles, then job descriptions should clearly define these
roles and prevent overlapping duties. And the proper place for all job descriptions is with the city
HR department, not in fire department bylaws.
If the purpose of these bylaw provisions is to address officers of the relief association, the
appropriate place to document the roles is in relief association materials. The relief association,
unlike the fire department, is a separate legal entity. Descriptions of officer positions related to the
relief association should not be intermingled with matters related to the fire department.
Establishing the role of a fire department treasurer is
particularly concerning. Some fire departments have
operated somewhat autonomously from the city. For
example, some fire departments receive funds into their
own checking accounts and independently authorize the
expenditures of public funds. Such practices, however, are
not legal. Fire departments are not allowed to have
Read more about managing relief
association and city fire department
separate checkbooks under state laws governing
expenditures of public funds. Accordingly, a fire department treasurer is truly unnecessary.
4
Bylaw Provisions Representing Management Policies and Practices
Fire department bylaws are often used to codify policies and practices related to how the
department is managed, such as how many firefighters are on the roster and how department
meetings are conducted. While it may be entirely appropriate to seek input and support from
firefighters on these kinds of decisions, there isn't a need to have these practices formalized in
department bylaws.
Membership Numbers
Bylaws might contain a minimum and maximum number of firefighters to be on the fire
department. This provision was probably implemented with a number of considerations in mind,
such as the area to be served, the kinds of equipment used, whether or not the department runs
EMS, etc.
The problem with having a minimum and maximum number of firefighters delineated in the
bylaws is that it forces a bylaw change every time there's an emerging need, and may not allow the
department adequate flexibility to manage in the community's best interest. For instance, a new
person may move to town with existing training and availability for day and night fires. If the fire
department is at its maximum roster size, how will the new firefighter be added?
There may also be concerns about dropping below the stated minimum roster size. Someone in the
community could make a negligence claim based on the city's fire response if it operates below the
minimum stated in bylaws.
The decision about adequate roster size is certainly one to pay attention to, and to adjust
accordingly with any community changes or response needs. These decisions are most
appropriately made by the fire chief and city council as part of overall department management.
Roster size may have different implications for the relief association membership and assets. It's
important to keep the considerations of relief association business separate from fire department
management and operations.
Department Meetings
Fire department bylaws frequently establish a regularly scheduled meeting of firefighters and the
agenda format to be followed at each meeting. Some bylaws are detailed enough to specify start
and end times of department meetings, and even provide for posting of fire department meetings to
the public.
The fire department is a part of the city, not a stand -alone governing body or corporate entity. The
open meeting law does not apply to fire department meetings. In addition, there are no
requirements that a fire department make decisions by majority vote, use a formal agenda for
meetings, or operate according to Robert's Rules of Order.
By way of contrast, the relief association is a separate entity that is subject to the open meeting law
(as well as other laws and regulations, such as the data practices act) and makes decisions by vote
of the board of directors.
Certainly a fire department needs adequate communication among members and from the fire
chief. If the chief wants to establish a regular meeting time and agenda, that's probably a good
idea. If the chief wants to poll firefighters on their opinions about a particular issue, that's fine
too. But these are management tools and techniques, not required bylaw provisions.
Response and Scene Management
Some bylaws include pretty specific scene management details, such as how many firefighters
need to respond on which kind of truck, what the incident command structure should be at
different types of fires, and what certain roles should be on- scene.
These are, of course, very important considerations for adequate response to fires and good scene
management, and critical decisions for firefighter safety. The appropriate place for these details is
in the fire department standard operating procedures or guidelines (SOPS or SOGs) —not in fire
department bylaws.
What does this mean for fire department bylaws?
Generally speaking, bylaws are the fundamental rules that
define an organization, such as a non - profit entity. A city fire
department is not a separate organization. Rather, it is a part or
department of the city. The fire department therefore does not
need its own bylaws. Bylaws may create confusion and
establish unclear expectations about how the fire department is
run or whether the fire department is a stand -alone agency.
This does not mean that fire department policies currently
contained in the bylaws are necessarily inappropriate. It may
simply mean that some provisions are better placed somewhere
else.
The most important considerations are removing those bylaw
provisions that are better placed within the city's HR policies,
SOPs or SOGs. It's worth noting that if the city has a
collective bargaining agreement in place for firefighters, some
of these items may also be subject to contract language.
It's probably true that when bylaw items have been removed
and placed somewhere else, there won't be much left.
Rachel Carlson, 1/I I
Learn More
Read more about city HR matters,
including detailed information on
minimum / maximum age
requirements, response distance
requirements, selection and
election, job duties, codes of
conduct, discipline, and more in:
HR Reference Manual
Your League Resource
If you require additional help
or have any questions about
bylaws in city fire departments,
you can contact a member of
our research department or
Rachel Carlson at 651 -281-
1200 or 800 - 925 -1122.
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