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95-67 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA Date June 12, 1995 Resolution 95-67 Motion By Senn Seconded By Dockendorf RESOLUTION REVISING THE CITY'S PERSONNEL POLICY WHEREAS, the City adopted a Personnel Policy on December 12, 1994; and WHEREAS, the City determined that the Personnel Policy should be reviewed for consistency with State and Federal employment laws; and WHEREAS, the City Attorney reviewed the Personnel Policy and recommended revisions and changes to the Personnel Policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen that the following changes be made to the Personnel Policy' 1. Amend Section 3, paragraph 1 to state: Appointment. Appointment to city service shall be based on merit and fitness, free of personal, political, religious, gender, age, racial, color, creed, national origin, marital status, sexual preference, disability and public welfare assistance consideration. 2. Amend the last sentence of Section 3, paragraph 1 to state: Physical or mental disabilities shall not be used to disqualify an applicant unless the Appointing Authority determines that the disability makes the applicant unable to perform the duties of the intended position. 3. Amend Section 5, paragraph 4, subparagraph b as follows' b, For demotion to a regular position, the rate of pay shall be at the rate of pay of the new position. 4. Amend Section 5, paragraph 4, subparagraph c as follows- C~ For trmksfer from one position to another in the same salary grade, not in the same nature of a promotion or demotic~n, the rate of pay shall remain the same. , Amend Section 5, paragraph 4, by deleting subparagraph d. Amend Section 7, paragraph 4, subparagraph b to read as follows: Sick leave may bc used for an employee's own illness or injury, illness or injury of their children, physical examination, dc~tal care, maternity care, childbirth, pregnancy disability, outpatient or inpatient treatment lbr mental illness, alcoholism, or drug abuse. Employees may also rcqucst using sick leave for death, serious illness, or other health care of members in their immediate family, which may be granted at the discretion of the Appointing Authority. 7. Amend subparagraph: Section 7, paragraph 5, subparagraph a by adding the following 6) Birth or Adoption. All employees are entitled to a maximum of thrcc (3) days of sick lcave upon the birth or adoption, of a child. 8. Amcnd Section 7, paragraph 6, subparagraph a.2)e)4) as follows: Any period of incapacity duc to pregnancy, or for prenatal carc, or prior to an adoption to help complete the adoption process. 9. Amend Section 7, paragraph 6, subparagraph a.2)c) by adding the following subparagraphs: 5) Any period of absence to receive multiple treatments by a health care provider. 6) Substance abuse may qualify as a serious health condition if one of tlm 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. 1{3. Amend Section 7, paragraph 6, subparagraph a.2)j) to add a third paragraph as follows: If an employee fails to return fi'om leave, the City can recover the insurance premium that has been paid on bchalf of thc employee. 11. Amend Section 7, paragraph 6, subparagraph a.2) by adding thc following: 1) Employecs are required to use FMLA leave when the employee misses work duc 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 mil concurrently. The employee shall report the injury as provided in the Injury On Duty I.eave and provide adequate information to establish the basis for the leave. The employer sl~all 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 tl~e FMLA leave shall run concurrently with thc injury on duty leave." ADOFrED this City of Chanhassen. 12th day of June ,1995, by the City Council of thc ATTEST: Don Ashwc)----rth, Clkrk~Ma~iager YES Chwiel Berquist Dockendorf Senn NO None ABSENT Mason