9a. Approval of Personnel Policy CITY T --
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739 n.,< ,- ±..
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MEMORANDUM . 1" /)
TO: Don Ashworth, City Manager
' FROM: Todd Gerhardt, Assistant City Manager /—t _9
DATE: January 10, 1991
SUBJ: Approval of the City of Chanhassen Personnel Policy
Attached for the City Council 's consideration is the proposed
personnel policy. As a part of my 1990 goals and objectives, I was
to research and draft a new personnel policy manual and present the
' manual to all employees and the City Council for approval. The
attached document is a combination of policies received from
various cities throughout the metro area and those policies as
mandated by state and federal governments.
The need for a personnel policy has come about in recent years as
the number of employees has increased. Keeping all employees
informed of the city's employee benefits, appointment procedures,
hours of work, etc. has been increasingly difficult without a
manual that outlines this information in black and white. I feel
that this manual serves that purpose and acts as a guide to assure
that all employees are treated consistently and fairly when
decisions are made.
' The attached document has been reviewed by all city employees; the
city auditors, Deloitte and Touche; and Roger Knutson, City
Attorney and their suggested changes have been included. The
' development of this manual has been a joint effort by all city
employees and the city's professional advisory agencies.
RECOMMENDATION
Staff would recommend approval of the attached personnel policy as
drafted and dated January 10, 1991.
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CITY OF CHANHASSEN
' PERSONNEL POLICY
January 10, 1991
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TABLE OF CONTENTS
Page No.
Section 1. Purpose
Definitions i I
Section 2. Positions Covered 2
Section 3 . Appointments 1
Appointment Procedure 3
Veterans Preference 3 ,
Examinations 3
Relationship to Other City Personnel 4
Provisional Appointments 4
Transfers, Promotions 5
Promotions from Within 5
Section 4 . Probationary Period
Purpose 5
Duration 5
Performance Evaluation 5
Termination 5
Probationary Period Extension 5
Benefits 5
Section 5. Compensation
Classification Plan 6
Compensation Plan 6
Temporary and Seasonal Employees 6
Transfers, Promotions, Demotions 6
Section 6. Hours of Work '
Work Hours and Schedules 7
Compensatory Time, Non-exempt 7
Compensatory Time, Exempt 8
Overtime 8
Section 7. Employee Benefits I
Holidays 8
Floating Holidays g
Vacation Leave 9
Sick Leave 10
Special Leaves with Pay 11
Special Leaves without Pay 12
Group Insurance 14
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Section 8. Employee Training and Development
1 Tuition Reimbursement 14
Conferences 15
ISection 9 . Conflict of Interest 15
Section 10. Sexual Harassment 17
1 Section 11. Termination and Layoff
Termination 18
I Resignation 18
Penalties 18
Layoffs 18
ITermination Pay 19
Section 12 . Employee Advisory Board
IMake-up and Selection 19
Term of Office, Employee Member 20
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PERSONNEL POLICY
CITY OF CHANHASSEN
SECTION 1. PURPOSE.
This policy contains the City's personnel policies and procedures
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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 anytime for any reason
or for no reason at all. Any aspect of these policies 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: 1
"Part-time employment" shall mean employment regularly engaged
in on a scheduled, less than full-time, 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 work week, basis 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 1 to December 31, inclusive or 1
as otherwise provided by law.
"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. 1
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"Probationary Employee" means any employee hired for or
' promoted to a regular employee position who is serving the
required probationary period.
' "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.
r "Overtime" means the number of hours a nonexempt employee
works over 40 hours in a work week, which is accumulated at
I one and one-half times the employee's rate of pay.
"Exempt Employee" means employees who are exempt from
receiving overtime pay, including bona fide executive,
administrative or professional employees.
"Nonexempt Employee" employees who are paid at an hourly rate
regardless of duties and who do not primarily manage.
"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
wholly exempt from the provisions of this policy:
a. Elected officials;
' b.
c. Members of boards, commissions, and committees;
Volunteer fire fighters and other volunteer personnel;
d. Consultants and others rendering services under contract
with the City.
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SECTION 3. APPOINTMENTS.
1. 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 11 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, by Minn. Stat. § 197.46. Employee contracts will
supersede to the extent allowed by law the provisions within
this policy.
2. Veterans Preference. In accordance with Minn. Stat. § 43A. 11 '
and Minn. Stat. § 197.455, a credit of five points will be
added to a veteran's rating at the election of the veteran so
long as the City position being sought is not exempted from
veterans preference by Minn. Stat. § 197.46. The receipt of
the credit is conditional on the veteran obtaining a passing
rating under the cirteria and 100-point rating system
established for the position without the addition of the
credit points. Similarly, a credit of ten points will be
added to a disabled veteran's rating at the election of the
disabled veteran so long as the City position being sought is
not exempted from veterans preference by Minn. Stat. § 197.46.
The receipt of the credit is conditional on the disabled
veteran obtaining a passing rating under the criteria and
100-point rating system established for the position without
the addition of the credit points.
3. Examinations. The Appointing Authority may require '
appropriate written, oral, psychological and other
examinations to measure an applicant's job related abilities.
All prospective regular employees must submit to a physical
examination to determine their capability to perform available
employment. Such an examination will not be required until an
offer of employment has been made. Such an offer may be made
conditional on the prospective employee meeting the physical
or mental requirements of the job. The examination will test
only essential job related abilities. Prospective police
officers may be required to undergo a psychological evaluation
before a job offer is made. The psychological evaluation will
be for those job-related abilities set forth by the board of
peace officer standards and training for psychological
evaluations. Instead of a physical examinations, 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
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option provided above. All examination reports shall be the
11 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.
4. Relationship to Other City Personnel.
' a. Except for seasonal employees, no person shall be
appointed as a regular or temporary employee who is a
member of the immediate family or is the aunt, uncle,
niece, or nephew of any 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.
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. All
seasonal employee positions will be advertised in local
publications.
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
I conflict of interest as defined by this policy results.
(See Section 9, Paragraph 3a. )
5. 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.
1 b. A provisional appointment shall terminate by:
1) 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.
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6. 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.
7. 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. I
2. Duration. Every person appointed, promoted, or transferred to
a regular position, shall be required to successfully complete 11 a probationary period of at least six (6) months.
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 11 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 Appointing
Authority does not give the notice within the time indicated,
the probationary employee shall become a regular employee.
6. Benefits. Except for employees promoted or transferred to a
regular position, no probationary employee shall be entitled
to use vacation and floating holiday leave, although this
leave shall accrue during the probationary period. Sick leave
may be used to the extent accrued.
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• 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.
r2. 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 resulting from other
than discipline or performance reasons, the rate of pay
shall remain at the same level last received by the
employee in the former position. The employee shall
continue receiving that rate of pay without salary
increase until the rate of pay of the demoted position
reaches that amount. Then the employee shall once again
' be eligible for salary adjustments.
c. For demotions resulting from discipline or performance
reasons, the rate of pay shall be at least the minimum
rate of the new position.
' d. For transfer from one position to another in the same
salary grade, not in the nature of a promotion or
demotion, the rate of pay shall remain the same.
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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 11 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 (8) 1
working hours. Office hours are from 8:00 a.m. to 4: 30
p.m. Public works hours are from 7:30 a.m. to 4 : 00 p.m.
Summer public works hours are from 6:30 a.m. to 2:30 p.m.
with a one-half hour break as approved by an employee's
department director. Requests for special work schedules
must be made in writing and approved by the Appointing
Authority or designee.
b. Full-time employees shall work at least forty (40) hours
each week, including two 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 their
number of work hours plus one 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. i
c. Part-time employees shall work the number of hours per
week designated for their positions. These hours shall 11 include one 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 if more
than four hours is worked in one day. An employee may
choose to combine the meal and rest periods, if permitted
by the department director.
2. Compensatory Time. 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
November 1 of each year. All accumulated compensatory
time over forty (40) hours will be paid to the employee
no later than the last pay period before November 1 of
each year.
b. The scheduling of compensatory time shall be at the
discretion of the department director.
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c. Cash payment for accumulated compensatory time may be
taken at the employee's option, with approval of the
department director.
d. During slack periods in departmental operations, the
Appointing Authority may require employees to use
compensatory time.
3. Compensatory Time. .Exempt employees shall be eligible for
compensatory time, subject to the following conditions:
' a. To earn one hour of compensatory time, an employee must
work two hours over a regular 8 hour work day.
b. No employee shall be permitted to use more than 16 hours
of compensatory time in a scheduled work week. Comp time
can be used in conjunction with vacation time.
1 c. Compensatory time should be used for late morning
arrivals after a late night meeting or early departures.
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.
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;
Christmas Day, December 25; and 2 floating holidays. 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.
b. 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.
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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
supervisors has been given in advance or unless the
employees have notified their supervisors 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.
2. Floating Holidays. Each regular full-time employee shall have
sixteen (16) hours of floating holiday time per fiscal year.
Regular part-time employees working twenty-four (24) hours per
week will receive nine (9) hours of floating holiday time per
fiscal year. Regular part-time employees working thirty-two
(32) hours per week will receive twelve (12) hours of floating
holiday time per fiscal year. This time must be scheduled
with department director approval and be used during the
fiscal year in which granted or be lost. Regular full-time
employees must use this time in increments of eight (8) hours. '
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: I
1) From the beginning of employment through the fifth
year of continuous employment, employees shall earn 11 10 working days of vacation per year.
2) From the beginning of the sixth year through the
fifteenth year of continuous employment, employees
shall earn 15 working days of vacation per year.
3) From the beginning of the sixteenth year through the
twentieth year of continuous employment, employees
shall earn 20 working days of vacation per year.
4) From the beginning of the 21st year of continuous I
employment, employees shall earn 1 day of vacation
for each additional year of employment.
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
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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 1/2
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 employees shall earn a proportion of that sick leave
determined by dividing their scheduled hours by the
number of full-time hours. Sick leave may be used only
to the extent that it is earned. Sick leave is not a
privilege or vested right which an employee may use at
the employee's discretion, but is a type of insurance
which shall be allowed in case of necessity of actual
illness in accordance with the policy.
1 b. Sick leave may be used for an employee's own illness,
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illness of their children, physical examination, dental
' care, injury, maternity care, 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 department director. Parental leave shall be
considered the same as any other illness.
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
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loan up to two (2) days of accrued sick leave per year to
other employees in accordance with administrative policy.
The loan privilege is solely to guarantee funding is
available should the employee requiring the loan never
regain ability to repay such. Employees who are ill on
scheduled vacation or holidays shall be paid as vacation
or holiday time and shall not be entitled to use sick
leave, except for illnesses verified by a doctor's
statement at the discretion of the Appointing Authority.
5. 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 '
duties. 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
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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
noncompensable 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.
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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.
5) Donating Bone Marrow 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) Parental Leave. All regular full-time and part-time
employees who have successfully completed the
probationary period may be absent from work up to
three (3) months for the birth or adoption of their
child. If an employee is unable to return to work
at the end of this period due to a medical condition
related to the birth, the period shall be extended
for the period of time during which a doctor
certifies that the employee is unable to return to
work, but no longer than an additional three months.
The leave shall be unpaid except as follows.
Parents who have not themselves given birth to a
11 child may use up to three days sick leave for the
birth of their child or arrival of their adopted
child. An employee using parental leave shall be
' treated in a similar fashion to all sick leave
claims during the first 90 days. During the 90 days
waiting period, an employee must apply for LTD under
the City provided LTD program. No other benefits
shall accrue/be paid following the 90 day waiting
period. All employees may also use accrued
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vacation, compensable compensatory pay, and floating
holiday leave during the leave period. Employees
shall notify their supervisors in writing four
months prior to the expected commencement date of
parental leave. I
3) Political Activity Leave. City employees shall take
an unpaid leave of absence from City employment
upon:
a) Assuming an elected Federal or State public
office which in the opinion of the Appointing I
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 months upon the discretion and approval of
the Appointing Authority. Written requests for this
leave shall be submitted six months prior to the
expected commencement date of the discretionary
leave.
5) School Activity Leave: All regular full-time and
part-time employees who have successfully completed
the probationary period may be absent from work to
attend a child's school conference or classroom
activities if they cannot be scheduled during non-
work hours. The leave shall be unpaid except for
those employees who wish to use accrued vacation or
comp time.
b. Conditions Governing All Leaves Without Pay. I
1) Upon their return from unpaid leaves, employees
shall be entitled to all sick leave and vacation
leave accrued prior to the leave which was not used
during their absence.
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2) Failure of an employee to request an extension
before expiration of the leave shall be considered a
resignation.
3) Upon return from unpaid leave, employees shall be
assigned to their previous positions or positions in
a comparable class, if available.
4) Except as provided below under subparagraph 5, no
benefits shall accrue during unpaid leave.
5) The City shall pay the employee and employer's
portion of health and life insurance premiums for
all regular employees granted an unpaid leave of
absence for medical purposes.
For a nonmedical leave of absence, the employee
shall pay the employee and employer's portion of the
1 first monthly health and life insurance premiums
which become due during the remaining period of the
leave.
1 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 66%
of monthly salary (to a maximum of $5, 000 per month)
after 90 consecutive days of disability. These payments
will continue as long as you continue to be disabled, up
to age 65.
The City pays the entire cost of 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.
rThe City pays the entire cost of 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.
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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
$2, 000 per year for Health Care expenses. These funds
are contributed on a pre-tax basis.
In addition, employees purchasing dependent medical 1
coverage pay for their share of that coverage on a pre-
tax basis.
SECTION 8. EMPLOYEE TRAINING AND DEVELOPMENT.
1. Tuition Reimbursement. The Appointing Authority may authorize I
the reimbursement to an employee of tuition for educational
purposes in accordance with guidelines established at the sole
discretion of the Administrative Authority. I
2. Conferences. The Appointing Authority or its designees may
authorize employees to attend, at City expense, conferences or
workshops that are job related. Attendance at such
conferences shall be considered as time on duty for purposes
of pay and benefits. Time spent outside 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 attendees must
submit a Request for Training form to their supervisor,
department head and City Manager.
SECTION 9. CONFLICT OF INTEREST. I
1. 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
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employee's ability to objectively and fairly perform City
duties. Examples of conflicts of interest are:
a. Use of City time, facilities, equipment, and supplies, or
the badge, uniform, prestige and influence of city
employment for private gain.
b. Use of non-public data obtained as a• result of City
employment for private gain.
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 spousal
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. 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. SEXUAL HARASSMENT.
1. The City maintains a work atmosphere free of sexual
harassment, including sexually oriented comments and actions
between employees.
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2. Sexual harassment is a form of sex discrimination that is
unlawful under Title VII of the Civil Rights Act of 1964 and
Minnesota Statutes Chapter 363, the Minnesota Human Rights
Act. A charge of discrimination may be filed by a person or
group of persons who believe they are victims of unlawful sex
discrimination.
3. Sexual harassment demeans people and creates unacceptable
stress for the entire organization. I
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. Sexual harassment is defined as:
a. Unwelcome or unwanted sexual advances. This means
patting, pinching, brushing up against, hugging,
cornering, kissing, fondling, or any other similar
physical contact considered unacceptable by another
individual.
b. Requests or demands for sexual favors.. This includes ,
subtle or blatant expectations, pressures, or requests
for any type of sexual favor accompanied by an implied or
stated promise of preferential treatment or negative
consequence concerning one's employment status.
c. Verbal abuse or kidding that is sex oriented and
considered unacceptable by another individual. This
includes commenting about an individual 's body or
appearance if such comments go beyond mere courtesy;
telling "dirty jokes" that are clearly unwanted and
considered offensive by others; or any other tasteless,
sexually oriented comments, innuendos, or actions that
offend others. 1
d. Creating a work environment that is intimidating, hostile
or offensive because of unwelcomed or unwanted sexually
oriented conversations, suggestions, requests, demands,
or physical contacts or attentions.
6. An employee being sexually harassed by a supervisor, co- 1
worker, elected or appointed official, or citizen, or who
knows of activities which constitute sexual harassment should
report such harassment or activity to the employee's
supervisor or the Appointing Authority. Any supervisor
receiving such a report should promptly relay the report to
the Appointing Authority. The Appointing Authority will
investigate the report and take remedial action against any
harassment found to exist.
7 . The City will not tolerate retaliation against an employee who
reports activities constituting sexual harassment. The City
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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.
SECTION 11. 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
1 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 reemployment, and the employee
11 may also be denied severance benefits in the discretion of the
Appointing Authority.
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.
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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; 1
c. Exempt employees shall receive pay equal to the, amount of
accumulated, unused compensatory time; 1
d. Nonexempt employees shall receive a minimum of 120 days
of severance pay if terminated by the City Manager and
such severance pay shall include, and not be in addition
to, any vacation leave and sick leave paid;
e. Termination pay of deceased employees shall be paid to '
the beneficiary designated in the life insurance policy
provided by the City.
SECTION 12. EMPLOYEES ADVISORY BOARD.
There may be established and maintained an Employees' Advisory
Board to serve in an advisory capacity in the formulation of -
personnel policy and administration of the personnel program and in
the consideration of any matters affecting the quality of service
of the City departments. Such Board may investigate, consider and
report or make recommendations on personnel matters.
1. Makeup and Selection. '
The Employees' Advisory Board, if established, may consist of:
a. Three employees subject to the provisions of this policy, 11
elected by the employees subject to the provisions of
this policy. I
b. Two Councilmembers, or one Councilmember and the City
Manager, to be selected by a majority of the Council at
the first meeting in each January. All members shall be
selected within 30 days after adoption of this policy,
and thereafter members shall be selected during the month
of January, to take office the following February 1. It
shall be the duty of the City Manager to arrange for
necessary elections and to notify the Council when
vacancies occur which must be filled from the Council.
c. Provisions shall be made in the selection of the three
elected members so that no two of the elected members
shall be from the same department, provided, however,
that no elected members shall be precluded from
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completing the member's term on the Employees' Advisory
Board because of transfer or promotion.
2. Term or Office of Employee Members.
Each of the elected employee members shall serve three years,
except that in the first election the employee receiving the
highest number of votes shall serve for a two year term.
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