Personnel Policy Adopted October 2014
City of Chanhassen
Personnel Policy
October 2014
October 27, 2014
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PERSONNEL POLICY
CITY OF CHANHASSEN
SECTION 1. PURPOSE AND DISCLAIMER. ................................................................. 5
DEFINITIONS: ............................................................................................................ 5
SECTION 2. POSITIONS COVERED. .............................................................................. 6
SECTION 3. APPOINTMENTS. ........................................................................................ 7
1. Appointment. ................................................................................................... 7
2. Appointment Procedure. ................................................................................. 7
3. Veterans Preference. ....................................................................................... 7
4. Examinations.................................................................................................... 7
5. Relationship to Other City Personnel. ............................................................. 8
6. Provisional Appointments. ............................................................................... 8
7. Transfers, Promotions. ..................................................................................... 9
8. Promotions from Within. ................................................................................. 9
SECTION 4. PROBATIONARY PERIOD. ....................................................................... 9
1. Purpose. ............................................................................................................ 9
2. Duration. .......................................................................................................... 9
3. Performance Evaluation ................................................................................... 9
4. Termination. ..................................................................................................... 9
5. Probationary Period Extension. ....................................................................... 9
6. Benefits. ......................................................................................................... 10
SECTION 5. COMPENSATION. ..................................................................................... 10
1. Classification Plan. ........................................................................................ 10
2. Compensation Plan. ....................................................................................... 10
3. Temporary and Seasonal Employees. ............................................................ 10
4. Transfers, Promotions, Demotions. ............................................................... 10
SECTION 6. HOURS OF WORK. .................................................................................... 11
1. Work Hours and Schedules. ........................................................................... 11
2. Compensatory Time--NonExempt . ............................................................... 11
3. Compensatory Time--Exempt. ........................................................................ 12
4. Overtime. ........................................................................................................ 12
SECTION 7. EMPLOYEE BENEFITS. ............................................................................ 12
1. Holidays. ......................................................................................................... 12
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2. Vacation Leave. .............................................................................................. 13
3. Sick Leave. ...................................................................................................... 14
4. Special Leaves With Pay. ............................................................................... 16
5. Special Leaves Without Pay. .......................................................................... 17
6 School Activity Leave………………………..……………………22
7. Group Insurance. ............................................................................................. 23
8. Wellness…………………………… ...............………………………………24
9. Post Employment Health Care Savings Plan……………………………..…..24
10. Service Awards. ...............................................................................................25
11. Cellular Phone Use…………………………………………………… ..........26
12. Accommodations for Parents ......................................................................... 26
SECTION 8. EMPLOYEE TRAINING AND DEVELOPMENT. ..................................27
1. Tuition Reimbursement. ................................................................................. 27
2. Conferences..................................................................................................... 27
SECTION 9. CONFLICT OF INTEREST. ....................................................................... 27
SECTION 10. DRUG-FREE WORK PLACE. ................................................................. 28
1. Statement......................................................................................................... 29
2. Policy. ............................................................................................................. 29
3. Acknowledgement. ......................................................................................... 29
SECTION 11. TOBACCO AND WEAPONS……………………………………… ........30
1. Tobacco………… ...................................................................................................30
2. Weapons…..............................................................................................................30
SECTION 12. SEXUAL HARASSMENT. ........................................................................ 30
1. Policy Statement. ............................................................................................ 30
2. Definition. ....................................................................................................... 30
3. Types of harassment. ...................................................................................... 30
SECTION 13. TERMINATION AND LAYOFF. ............................................................. 32
1. Termination. .................................................................................................... 32
2. Resignation. .................................................................................................... 32
3. Penalties. ........................................................................................................ 32
4. Layoffs. ........................................................................................................... 32
5. Termination Pay. ............................................................................................. 32
SECTION 14. GENERAL DRIVING SAFETY. ............................................................... 33
1. Parking. .......................................................................................................... 33
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2. Equipment. ...................................................................................................... 33
3. Operation. ....................................................................................................... 33
ATTACHMENT A ................................................................................................................ 35
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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 work schedule
less than a full-time basis.
"Full-time employment" shall mean employment regularly engaged in a work schedule 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 1 to December 31, inclusive or as otherwise provided by law.
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"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 member 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, typically defined as Sunday – Monday.
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:
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a. Elected officials;
b. Members of boards, commissions and committees;
c. Volunteer personnel;
d. Consultants and others rendering services under contract with the city.
Employee contracts will supersede to the extent allowed by law the provisions within this policy.
SECTION 3. APPOINTMENTS.
1. 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 unqualified to perform the essential
functions 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.
3. Veterans Preference. In accordance with Minn. Stat. §43A.11 and Minn. Stat. §197.455, a
credit of ten 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,
management/leadership profiles, and other examinations to measure an applicant's job-
related abilities. All prospective regular employees within the Public Works, 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
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employee meeting the physical or mental requirements of the job. The examination will test
only essential job-related abilities. Instead of a physical examination, all prospective
seasonal employees may, at the option of the Appointing Authority, submit a statement from
a medical doctor of their own choice 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
5. 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 someone who lives
in the employee’s household; 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. 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:
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.
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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
period for Firefighters shall be a minimum of one (1) year. 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 probationary term 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.
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6. Benefits. Except for employees promoted or transferred to a regular position, no
probationary employee shall be entitled to use vacation leave unless approved by the
Appointing Authority, although this leave shall accrue during the probationary period. Sick
leave may be used to the extent accrued.
SECTION 5. COMPENSATION.
1. Classification Plan. The Appointing Authority shall prepare and maintain a classification
plan for all regular City positions according to accepted personnel standards. This plan shall
be submitted to and approved by the City Council. The Appointing Authority shall annually
review the job classifications in each department with the department director to ensure their
accuracy and appropriateness. Additionally, the Appointing Authority may at any time make
adjustments as appropriate.
2. Compensation Plan. The Appointing Authority shall establish a compensation plan for all
positions subject to this policy. This plan shall be approved by the City Council. The
Appointing Authority shall annually review the plan and recommend any changes to the City
Council. The Council shall act upon these recommendations within a reasonable time.
Additionally, the Appointing Authority may make adjustments to the plan at any time as
appropriate. The Appointing Authority, in its sole discretion, may compensate an employee
for assuming responsibility in addition to that of the employee's regular assignment.
3. Temporary and Seasonal Employees. Temporary and seasonal employees shall be paid at
an hourly rate determined by the Appointing Authority. Except as otherwise specifically
provided in writing by the Appointing Authority or provided by law, these employees shall
not be entitled to any benefits.
4. Transfers, Promotions, Demotions. Except for temporary assignments, an employee's rate
of pay upon transfer, promotion, or demotion shall be determined as follows:
a. For promotion to a regular position, the rate of pay shall be increased to at least the
minimum rate of that position or its class.
b. 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.
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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 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.
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. Paid on Call Firefighters shall maintain a call response percentage of 25% per quarter
and a Training Attendance percentage of 60% per quarter in order to be considered in
good standing for both employment and pension purposes.
2. 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.
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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.
3. 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.
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
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 tenth year 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 21st 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.
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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.
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 21st 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
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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 of sick time is capped at 600 hours.
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 loan never
regain ability to repay such. Employees who are ill on scheduled vacation or
holidays shall be paid as vacation or holiday time and shall not be entitled to use sick
leave, except for illnesses verified by a doctor's statement at the discretion of the
Appointing Authority.
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5. 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 calendar 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 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.
Any employee who: (1) engages in active service in time of war or other emergency declared
by proper authority in any of the military or naval forces of the state or of the United States
for which leave is not otherwise allowed by law; or (2) during convalescence for an injury or
disease incurred during active service, as documented by a line-of-duty determination form
signed by proper military authority, and any other documentation as reasonably requested by
the employer is entitled to leave of absence from employment without pay during such
service, with right of reinstatement as provided in state statute. Such leave of absence
without pay, whether heretofore or hereafter, shall not extend beyond four years plus such
additional time in each case as such an officer or employee may be required to serve pursuant
to law.
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
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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.
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, the employee must give the City at least thirty (30)
days advance notice. A "Request for Family Medical Leave" form
should be completed by the employee and returned to the immediate
supervisor. In unexpected or unforeseeable situations, the employee
should give as much notice as is practical, usually verbal notice 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
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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.
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.
i) Eligibility for leave after birth, placement for adoption or foster care
expires twelve (12) months after the birth, placement or adoption. If
the child must remain in the hospital longer than the mother, the leave
may in the alternative begin at 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.
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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
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.
l) 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.
1) 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.
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2) The employee will receive regular pay for the first five days of
FMLA related to a servicemember in each 12 month period.
3) 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
member medically unfit to perform the duties of the member’s
office, grade, rank, or rating.
4) 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.
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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:
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.
5) 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.
6) School Activity Leave: A regular or full-time 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
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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.
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 70% of the cost of family
coverage.
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e. Flexible Spending Accounts. Eligible employees can set aside up to $5,000 per year
for Dependent Care and up to $2,500 per year 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. Wellness
Regular and part-time employees and firefighters may receive up to ten, thirty punch
cards per year to Chan Rec Center free of charge. Seasonal employees may receive
up to two, thirty punch cards for every three months of work. The value of the punch
card shall be added to the employee’s paycheck and taxed as required. Punch cards
are for personal use by the employee only. Punch cards will be clearly marked with
the employees name and ID will be required for redemption.
9. 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:
Employee % of Pay 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 will contribute 5% of pay.
GROUP TWO:
Employees with 0-10 years of PERA service contribute 1% of pay.
Employees with 11-20 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.
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Sick Hour Conversions
All employees that have over 600 hours of accumulated sick time will have ½ (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.
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 ½ (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.
10. 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 certificate and five hundred ($500) dollars.
i. Forty-five (45) year certificate and seven hundred and fifty ($750) dollars.
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11. Cellular Telephones.
a. City Provided Cellular Phones
Employees may be issued a City cellular phone. Employees may have reasonable personal
use of the phone in exchange for being accessible 24/7 via the phone. If personal use results
in an additional cost to the City, the employee shall reimburse the City. In the event the
phone is lost or stolen, the employee will notify their immediate supervisor and the MIS
Director as soon as practical, but always within 24 hours. All devices remain City property
of and shall be returned to the City upon termination of employment.
b. Reimbursement for Use of Personal Cellular Phone for City Business:
Employees have the option of utilizing their personal cellular phone to perform their duties
rather than being issued a City-provided cellular phone. Employees who participate in
reimbursement for the use of their personal cellular telephone phone for City business agree
to respond to City-related calls received on their personal cellular phone during work hours
and reasonable non-work hours. Employees will provide their personal cell phone number to
the City. The reimbursement rate shall be $30/month. The employee is solely responsible
for the payment on all charges incurred for their personal cellular phone. The City is not
responsible for repair or replacement to the personal device, even if said damage occurs
during working hours.
c. City Information or Communications on Cellular Phones:
City information, data, or communications on a City owned or reimbursed phone is subject to
the Minnesota Government Data Practices Act. Employees shall have no expectation of
privacy in those communications. In the event that a data request is received, the City shall
have access to the phone to obtain any City Data. City MIS staff shall be given access to
phone as needed to ensure data security.
12. Accommodations for Parents
a. In accordance with law and upon request of an employee, the City will provide
reasonable accommodations for health conditions related to pregnancy or childbirth.
b. The City will provide reasonable unpaid break time, as well as a suitable location, for
an employee who needs to express breast milk for her infant child.
c. Employees, male and female, can take up to 12 weeks unpaid leave related to
pregnancy or the birth or adoption of a child. The City allows but does not require
the employee to use accrued pay leave during the leave. All leave runs concurrent
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with FMLA and must begin within 12 months of the birth or adoption; except that, in
the case where the child must remain in the hospital longer than the mother, the leave
must begin within 12 months after the child leaves the hospital.
SECTION 8. EMPLOYEE TRAINING AND DEVELOPMENT.
1. 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 job-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.
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 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.
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b. Use of photos of the employee in uniform or use of rank or title in social media
profiles is prohibited. Employees should take care to clarify that statements made are
personal opinion and not the official position of the City when using social media.
c. Use of non-public data obtained as a result of City employment for private gain.
d. 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.
e. 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 WORK PLACE.
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.
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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:
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.
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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.
SECTION 11. TOBACCO AND FIREARMS
1. All use of tobacco is prohibited in City buildings and vehicles. This includes but is not
limited to smoking, chewing tobacco, and e-cigarettes. City employees should use tobacco
only on their breaks, in designated outdoor areas.
2. Possession or use of dangerous firearms by City employees is prohibited on City property
and in City vehicles and apparatus; or any time while working in an official capacity, unless
approved in writing by the Appointing Authority.
a. Employees may possess firearms in City-owned parking areas if the employee holds a
valid permit (provided one is required) and the firearm in concealed and locked
within a personal vehicle.
b. This policy does not apply to sworn law enforcement offices, either on or off duty, or
other employees who are in possession of a weapon or firearm as part of their official
duties.
SECTION 12. SEXUAL HARASSMENT.
1. 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 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.
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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.
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.
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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
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.
SECTION 13. 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.
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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.
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.
SECTION 14. 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
motor vehicle laws and rules but are required to exercise due caution and care in travel. Employees
who are cited for driving violations while driving a City vehicle are required to immediately report
the citation to their supervisor.
1. 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.
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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.
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.
October 27, 2014
35
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. will be made by a second person other than the driver.
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 from a doctor that does not impair the driver and the safe operation of
the vehicle) 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.
Amended by the Chanhassen City Council on March 11, 2013.
Amended by the Chanhassen City Council on October 27, 2014.
October 27, 2014
36
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.
By:______________________________________________
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:_______________________________________________
Date:______________________________________________