HomeMy WebLinkAbout04-08-2025 City Council PacketCITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
TUESDAY, APRIL 8, 2025 AT 6:00 P.M.
This meeting will be held in person at Oak Park Heights City Hall Council Chambers with one member of
the governing body appearing via videoconference. Mayor Mary McComber will be located at 5728
Penfield Avenue North. The meeting will follow the provisions of Minnesota Statute § 13D.02.
6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:05 p.m. IL Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Johnson
D. Councilmember Liljegren
E. Councilmember Runk
F. Staff
• City Administrator
• Chief of Police
• Assistant City Administrator/City Clerk (pg. 2)
6:10 p.m. III. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular
agenda (Please limit comments to 3 minutes in length).
A. Stillwater/Oak Park Heights Convention and Visitor's Bureau (CVB) Annual
Report Presentation
6:15 p.m. IV. Consent Agenda _ (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes — March 25, 2025 (pg. 3)
C. Approve Kennel Permit for Tara Kinsey (pg. 7)
D. Appoint Jennifer Van Dyke to the Planning Commission for a One -Year Term
Extension (pg. 9)
6:15 p.m. V. Public Hearings
6:15 p.m. VI. Old Business
A. Employee Handbook and Drug, Alcohol and Cannabis Testing Policy (pg. 11)
6:20 p.m. VIL New Business
A. Approve an Agreement with FER-PAL, an Agreement with the Owner of 6396
Lookout Trail and an Agreement with the Owner of 6400 Lookout Trail with the
Understanding that the City Administrator has the Discretion to Select and Move
Forward with the Agreement(s) Most Advantageous to the City (pg. 119)
B. Agreement for Managed Information Technology Services (pg. 121)
6:30 p.m. XIIL Other Council Items or Announcements
6:30 p.m. IX. Adjournment
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City of
Oak Park Heights
14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574
April 1, 2025
Mark Johnson
5847 Oakgreen Avenue North
Oak Park Heights, MN 55082
Dear Mr. Johnson:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two residents
each month with their choice of an award of a fire extinguisher and/or smoke
detector.
Your residence was checked on Tuesday, April 1, to determine if you had your
recycling bin out with your regular garbage. Your recycling was out and ready for
collection; therefore, you are one of this month's winners. Please contact me via
phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know
your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in the
City's recycling program.
Congratulations!
Jennifer Pinski
Assistant City Administrator
TREE CITY U.S.A.
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CITY OF OAK PARK HEIGHTS
TUESDAY, MARCH 25, 2025
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty,
Johnson, Liljegren, and Runk. Staff present: City Administrator Rife, Police Chief
Hansen, Assistant City Administrator/City Clerk Pinski, Public Works Director
Kegley, City Engineer Mann, City Planner Richards and City Attorney
Sandstrom. Absent: None.
Mayor McComber added "Approve Resolution Granting the Application of
Stillwater Area High School Theatre Parent Association to Conduct a One -Day
Raffle at Stillwater Area High School on April 19, 2025" to the Consent Agenda
as Item H.
Councilmember Liljegren, seconded by Councilmember Johnson, moved to
approve the Agenda as amended. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She thanked council and staff for support during her
recovery from surgery; she reported the Energy Transition Advisory
Committee (ETAC) meeting was set for March 27 at Oak Park Heights
City Hall.
B. Councilmember Dougherty: He reported the March Parks and Trails
Commission meeting was cancelled.
C. Councilmember Johnson: She reported the Middle St. Croix Watershed
Management Organization meeting for March was cancelled.
D. Councilmember Liljegren: He reported he attended the Planning
Commission meeting that month.
E. Councilmember Runk: He reported he attended the Convention and
Visitor's Bureau meeting on March 12.
F. Staff: City Administrator Rife reported that he was corresponding with the
Bayport City Administrator to get the next Fire Advisory Panel meeting
set up.
Police Chief Hansen reported that they would be participating in the
Stillwater Home Show at the Pony Activity Center on March 29 for a
meet -and -greet, and he consulted with the Washington County Emergency
Manager and, as suspected with the mild winter, there was not a risk for
flooding. He said the tornado siren inspections would be taking place in
the next couple of weeks.
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City Council Meeting Minutes
March 25, 2025
Page 2 of 3
Assistant City Administrator Pinski reported that Patrick Donahue of
14335 55th Street North was chosen as the recycling award winner. She
also reported that Clean-up Day was set for May 17 from 8 am to noon,
and Party in the Park was set for June 5 from 4:30 pm to 6:30 pm.
III. Visitors/Public Comment: None
IV. Consent Agenda:
A.
Approve Bills & Investments
B.
Approve City Council Minutes — March 11, 2025
C.
Approve Replacement of Brekke Park Hockey Boards
D.
Authorize the 2025 Street Sweeping Contract with St. Croix Sweeping
E.
Authorize Purchase of Lawn Mower from Century Power
F.
Approve Replacement of City Hall Parking Lot Light Heads
G.
Authorize the 2025 Street Chip Seal Maintenance Contracts with Allied
Blacktop and Fahner
H.
Approve Resolution Granting the Application of Stillwater Area High
School Theatre Parent Association to Conduct a One -Day Raffle at
Stillwater Area High School on April 19, 2025
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings: None
VI. Old Business: None
VIL New Business:
A. Oak Park Heights — Stagecoach Trail Condo Building — Conditional Use
Permit for Parking — 5845 Stagecoach Trail North: City Planner Richards
reported that CJ Randazzo of JACC Capital Holdings, LLC made an
application for a Conditional Use Permit (CUP) to allow for additional
parking than what was required by ordinance. He reviewed his report and
referenced two written comments to be entered into the record.
Mayor McComber suggested condition number 5 of the Resolution be
amended that if there were ever issues with parking on Stagecoach Trail,
the City could have correspondence with Washington County. She also
suggested the City request the County to conduct a speed study on
Stagecoach. She suggested language be added to condition number six that
if there was a problem with the lighting in the future, the applicant would
be required to change the fixtures. Councilmember Johnson suggested
condition number two of the Resolution be amended to encourage tree
cover in the front of the building to the extent reasonable as determined by
the City Arborist. She also suggested that the Resolution be amended to
add condition number ten that City staff is permitted to review the CUP
Page 4 of 122
City Council Meeting Minutes
March 25, 2025
Page 3 of 3
annually as to parking and traffic safety rather than amending condition
number five.
Jim Kremer, Planning Commissioner, noted that denial of a CUP was
allowed if it would have a negative impact on the surrounding area. City
Attorney Sandstrom reported that the CUP was for parking only, and a
residential development was an allowable use.
Councilmember Dougherty, seconded by Councilmember Johnson, moved
to approve the Resolution granting the CUP with the changes suggested by
the City Council which were summarized by the City Attorney. Roll call
vote taken. Carried 5-0.
B. Approve Purchase of 2025 Ford Interceptor Explorer Police Vehicle
Along with Upfitting Equipment and Authorize the Sale of 2022 Salvaged
Ford: Councilmember Liljegren, seconded by Councilmember Dougherty,
moved to approve the requests. Carried 5-0.
C. Clean up Cover Park Hill Along Peller Avenue North: Councilmember
Dougherty, seconded by Councilmember Runk, moved to authorize the
project to proceed as requested. Carried 5-0.
VIII. Other Council Items or Announcements: None
IX. Adjournment: Councilmember Liljegren, seconded by Councilmember Johnson,
moved to adjourn at 6:34 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski
City Clerk
Mary McComber
Mayor
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Date: April 8, 2025
Consent
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Approve Kennel Permit for Tara Kinsey
BACKGROUND:
Tara Kinsey submitted the application and $100.00 fee for a kennel permit. Ms. Kinsey has three
dogs at 5901 Oldfield Avenue North. All animals have been licensed with the City. Staff
recommends approval.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
Approve Kennel Permit for Tara Kinsey
ATTACHMENTS:
None
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Date: April 8, 2025
Consent
TO: Mayor and City Council
FROM: Julie Hultman, Building Official
AGENDA ITEM: Appoint Jennifer Van Dyke to the Planning Commission for a One -Year Term
Extension
BACKGROUND:
Per Planning Commission Bylaws, Article 3, sub. C, a Planning Commissioner may have their
term extended for a period of one-year by special order of the City Council.
Commissioner Van Dyke will complete her second full term at the end of May and seeks an
extended one-year appointment. The Planning Commission recommended that the City Council
appoint Commissioner Van Dyke to a one-year term extension through May 2026.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
Appoint Jennifer Van Dyke to a one-year extended term on the Planning Commission through
May 2026.
ATTACHMENTS:
None
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Date: April 8, 2025
Old Business
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Employee Handbook and Drug, Alcohol and Cannabis Testing Policy
BACKGROUND:
City Council approved an agreement with Eckberg Lammers at the July 23, 2024 City Council
meeting to create an Employee Handbook in order to establish unform and equitable personnel
policies all within one location. City staff worked with the attorney's office to create an Employee
Handbook and a Drug, Alcohol and Cannabis Testing Policy that incorporate language from City
Ordinance 203, existing policies, and union contracts; follows past practices within the City; and
complies with state and federal laws. With the adoption of the handbook and new testing policy,
existing personnel policies and City Ordinance 203 can be repealed.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
1. Approve Employee Handbook
2. Approve Drug, Alcohol and Cannabis Testing Policy
3. Repeal City Ordinance 203 — Employee Relations
ATTACHMENTS:
1. Employee Handbook
2. Drug, Alcohol and Cannabis Testing Policy
3. Ordinance 203 — Employee Relations
Page 11 of 122
City of Oak Park Heights
14168 Oak Park Blvd. N. Oak Park Heights, MN 55082
Phone: 651-439-4439
Effective Date: 04/08/2025
Page 12 of 122
ABOUT THIS HANDBOOK/DISCLAIMER
The purpose of this handbook is to bring together in a convenient place a summary of some of the
policies that affect employees at the City of Oak Park Heights, ("OPH" or "City"). Employees should
read this handbook and become familiar with the content. Employees should be comfortable referring
to the handbook whenever a question regarding employment with OPH arises. However, the handbook
will not answer all of the questions employees may have about City policies or benefits. If the handbook
does not answer the question, employees should contact your supervisor for assistance.
In addition to this handbook and supervisors, employees will also find additional sources of employment
information, such as benefit plan descriptions, contained in separate City documents. These policy
documents will always control over any statements to the contrary made within this handbook or by
any City representatives.
This handbook is not a contract of employment. It does not promise or guarantee any particular benefit
or specific action. As explained in this handbook, all employment with OPH is "at will," which means
that OPH or the employee may terminate the employment relationship at any time, with or without
cause, and with or without notice. In addition, employees may be demoted, job duties may be changed,
or benefits altered at any time, with or without cause, and with or without notice.
No City representatives, other than the City Council, have the authority to enter into any agreement for
employment for a specified period of time, or to make any representations or agreements that are
inconsistent with the at -will status. Any and all modifications to at -will status must be in writing and
signed by the Mayor and the City Administrator.
Nothing in this policy is meant to, nor should it be interpreted to, in any way limit the rights you may
have under any applicable federal, state, or local laws, including rights you may have under the NLRA
to engage in protected concerted activities with other employees to improve or discuss terms and
conditions of employment, such as wages, working conditions, and benefits. To the extent the NLRA
applies, employees have the right to engage in or refrain from such activities.
The City may at any time and at their sole discretion, modify or change the contents of this handbook,
with or without notice, except for at -will nature of employment.
The employment terms set out in this policy work in conjunction with, and do not replace, amend,
or supplement, any terms or conditions of employment stated in any collective bargaining
agreement that a union has with OPH. Wherever employment terms in this policy differ from the
terms expressed in the applicable collective bargaining agreement with OPH, employees should
refer to the specific terms of the collective bargaining agreement, which will control.
This handbook supersedes all prior handbooks and policies
Page 13 of 122
Table of Contents
Governing Principles of Employment...................................................................................................................
6
1.1.
Introduction..........................................................................................................................................
6
1.2.
Respectful Workplace Policies.............................................................................................................
6
1.2.1.
Equal Employment Opportunity.................................................................................................
7
1.2.2
Sexual Harassment Policy...........................................................................................................
7
1.2.3
Harassment Policy.......................................................................................................................
8
1.2.4
Workplace Violence Policy.........................................................................................................
8
1.3
Reporting Procedure............................................................................................................................
9
1.3.1
Retaliation for Workplace Reports............................................................................................
10
1.3.2
The City's Response to Workplace Reports..............................................................................
10
1.3.3
Investigations of Workplace Reports........................................................................................
11
1.4
Reasonable Accommodations.............................................................................................................11
1.4.1
Minnesota Pregnancy Accommodations...................................................................................
12
1.5
Drug, Alcohol, and Cannabis Use......................................................................................................
12
Section1
Operational Policies..................................................................................................................
13
2.1
Probationary Period...........................................................................................................................
13
2.2
Employee Classifications...................................................................................................................
13
2.3
Longevity Pay or Incentive Pay.........................................................................................................
14
2.4
Your Employment Records................................................................................................................
15
2.5
Flexible Schedule and Telecommuting..............................................................................................
16
2.6
Working Hours and Schedule............................................................................................................
16
2.7
Timekeeping Procedures....................................................................................................................
16
2.8
Overtime/Comp. Time.......................................................................................................................
17
2.9
Payday................................................................................................................................................17
2.10
Wage Disclosure Protection...............................................................................................................
18
2.11
Safe Harbor Policy for Exempt Employees.......................................................................................
19
2.12
Performance Reviews........................................................................................................................
20
2.13
Record Retention...............................................................................................................................
20
2.14
Employer Sponsored Meetings/Communications..............................................................................
20
Section2
Benefits.....................................................................................................................................
20
3.1
Benefits Overview.............................................................................................................................
20
3.2
Paid Leaves of Absence: ....................................................................................................................
21
3.2.1
Sick Leave/Earned Sick and Safe Time....................................................................................
21
3.2.2
Lactation Breaks........................................................................................................................
22
3.2.3
Voting & Election Judge Leave................................................................................................
23
3.2.4
Organ Donation Leave..............................................................................................................
23
3.2.5
Bone Marrow Donation Leave..................................................................................................
23
3.2.6
Paid Holidays............................................................................................................................
24
3
Page 14 of 122
3.2.7
Paid Vacations...........................................................................................................................
25
3.2.8
Jury Duty...................................................................................................................................
25
3.2.9
Bereavement..............................................................................................................................26
3.3
Unpaid Leaves of Absence: ...............................................................................................................
27
3.3.1
Employer -Provided Unpaid Leave (Non-FMLA Unpaid Leave) .............................................
27
3.3.2
Parental Leave...........................................................................................................................
30
3.3.3
School Conference and Activities Leave..................................................................................
31
3.3.4
Victim/Witness Leave...............................................................................................................
31
3.3.5
Harassment and Domestic Abuse Leave...................................................................................
31
3.3.6
Political Leave: ..........................................................................................................................
32
3.3.7
Military Leave...........................................................................................................................
32
3.3.8
Unpaid Personal Leave..............................................................................................................
32
3.4
Insurance Programs............................................................................................................................
33
3.4.1
Medical Insurance.....................................................................................................................
33
3.4.2
Life Insurance............................................................................................................................
34
3.4.3
Long -Term Disability Benefits.................................................................................................
34
3.4.4
Flexible Benefits Plan...............................................................................................................
34
3.5
PERA.................................................................................................................................................
34
3.6
Deferred Compensation.....................................................................................................................
34
3.7
Tuition Reimbursement......................................................................................................................
35
Section 3
General Standards of Conduct...................................................................................................
35
4.1
Workplace Conduct............................................................................................................................
35
4.2
Punctuality and Attendance................................................................................................................
37
4.3
Use of Communications and Computer Systems...............................................................................
37
4.3.1
No Expectation of Privacy........................................................................................................
37
4.3.2
Confidentiality and Proprietary Rights.....................................................................................
38
4.3.3.
Use of Computer Equipment.....................................................................................................
38
4.3.4.
Security, Access, and Passwords...............................................................................................
39
4.3.5.
Downloading and Installing Software/Website Agreements....................................................
39
4.3.6.
Email and Text Messaging........................................................................................................
39
4.3.7.
Internet......................................................................................................................................
40
4.3.8.
Social Media..............................................................................................................................
40
4.3.9.
Use of Al in the Workplace.......................................................................................................
41
4.3.10.
Telephone and Voicemail..........................................................................................................
42
4.3.11.
Inappropriate Use of City IT Resources and Communications Systems ..................................
42
4.4.
Recording Devices.............................................................................................................................
43
4.5.
Inspections.........................................................................................................................................
43
4.6.
Smoking.............................................................................................................................................
43
4.7.
Personal Visits and Telephone Calls..................................................................................................
43
4.8.
Solicitation and Distributions............................................................................................................
43
4.9.
Bulletin Boards..................................................................................................................................
43
4.10.
Conflict of Interest and Business Ethics............................................................................................
44
4.11. Outside Employment......................................................................................................................... 45
4.12. Use of Facilities, Equipment and Property, including Intellectual Property ...................................... 45
4
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4.13.
Health and Safety/Workers' Compensation...................................................................................
46
4.14.
Nepotism: Hiring Relatives/Employee Relationships...................................................................
47
4.15.
Employee Dress and Personal Appearance....................................................................................
47
4.16.
Public Inquiries/Statements to Media............................................................................................
48
4.17.
Operation of Vehicles....................................................................................................................
48
4.18.
Business Expense Reimbursement................................................................................................
49
4.19.
References.....................................................................................................................................
50
4.20.
If You Must Leave Us....................................................................................................................
50
4.21.
Exit Interviews...............................................................................................................................
51
4.22.
A Few Closing Words....................................................................................................................
51
GeneralHandbook
Acknowledgment.................................................................................................................
52
Receipt &
Acknowledgement of the City of Oak Park Heights' Respectful Workplace Policy .........................
53
5
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Governing Principles of Employment
I.I. Introduction
Early history records show that the first 10-block plat for what is known now as Oak Park Heights was
entered into by John Parker, William Dorr, Gold and Mary Curtis, Olive Anderson, and William M.
McCluer on May 27, 1857. They would call it Oak Park and it was located in what is now known as
Baytown Township, between Stillwater and South Stillwater. South Stillwater is now known as
Bayport.
Many early settlers saw Oak Park as a prime area for industrial development because of its proximity
to the river. In the 1880s, a sawmill and barrel making company were constructed along Oak Park's
riverfront. The sawmill and warehouse were moved to make way for the new bridge.
In the 1930s, Highway 36 was constructed connecting Oak Park to Stillwater. In 1932, Tara Hideaway
was constructed to cater to automobile tourists who drove to the area. Also in the early 1930s, the
federal government constructed a scenic overlook on Lookout Trail. Both are still here today.
In 1938, the area was redesigned and re -platted. This new village would be called Oak Park Heights,
and it was incorporated into a City in 1959.
We would like to welcome you to our family of employees. You are the most important asset we have.
We depend on each employee to provide the best community services as possible. This handbook will
help you understand the rules and policies which helped get us to where we are today.
For years the City Council has made business decisions necessary to ensure our success. The most
recent decision was hiring you, and we are certain we made the right choice.
Once again, welcome to OPH and best wishes of success to you during your new employment. We hope
that through our City, you will reach your goals and help us reach ours.
Sincerely,
Jacob Rife
City Administrator
1.2. Respectful Workplace Policies
The City is dedicated to creating a work environment where all individuals are treated with respect
and dignity. Every employee has the right to work in a professional atmosphere that promotes equal
employment opportunities and prohibits unlawful discriminatory practices, including discrimination
and harassment. Therefore, OPH expects all workplace relationships to be professional and free of
explicit bias, prejudice, and harassment.
To ensure a harassment -free, discrimination -free, and retaliation -free environment, OPH has
developed these policies. OPH will make every reasonable effort to ensure that all employees are
familiar with these policies and aware that any complaints of policy violations will be thoroughly
investigated and resolved appropriately.
Employees with questions or concerns about these policies should contact the City Administrator
6
Page 17 of 122
These policies must not be used to exclude or separate individuals based on gender or any other
protected characteristic from participating in City or City -related social activities or discussions. It is
important not to engage in discrimination or exclusion to avoid allegations of harassment. The laws
and policies of OPH prohibit disparate treatment based on sex or any other protected characteristic
concerning the terms, conditions, privileges, and perquisites of employment. The prohibitions against
harassment, discrimination, and retaliation outlined below are designed to complement and further
these policies, not to create exceptions to them.
1.2.1. Equal Employment Opportunity
The City is an Equal Opportunity Employer that does not discriminate based on actual or perceived
race, creed, color, religion, alienage or national origin, ancestry, citizenship status, age, disability or
handicap, sex, marital status, veteran status, sexual orientation, genetic information, arrest record, or
any other characteristic protected by applicable federal, state, or local laws. Our management team is
dedicated to upholding this policy in all aspects of employment, including recruitment, hiring,
placement, promotion, transfer, training, compensation, benefits, employee activities, and general
treatment during employment.
Please refer to Section 1.3 for information on reporting perceived violations of the Equal
Employment Opportunity Policy, your right to be free from retaliation for making such reports,
OPH's expected response to receiving reports, and the investigation process.
1.2.2 Sexual Harassment Policy
The City prohibits harassment of any employee by any supervisor, employee, member of the public, or
vendor based on sex or gender. The purpose of this policy is to ensure that all employees at OPH are
free from sexual harassment. Although it can be challenging to define precisely what constitutes sexual
harassment, examples of prohibited behavior include:
• Unwelcome sexual advances
• Requests for sexual favors
• Obscene gestures
• Displaying sexually graphic materials such as magazines, calendars, or posters
• Sending sexually explicit emails, text messages, or other communications
• Verbal or physical conduct of a sexual nature, such as uninvited touching or sexually related
comments
For the purposes of this policy, "sexual harassment" is defined as per the Equal Employment
Opportunity Commission Guidelines. It includes unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when:
a) Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment. b) Submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting that individual. c) Such conduct has the purpose or effect of
unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or
offensive working environment.
Title VII of the Civil Rights Act of 1964 recognizes two types of sexual harassment: quid pro quo and
hostile work environment. Sexual harassment can include a range of subtle and overt behaviors and
7
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may involve individuals of the same or different genders. Depending on the circumstances, these
behaviors may include:
• Unwanted sexual advances or requests for sexual favors
• Sexual jokes and innuendo
• Verbal abuse of a sexual nature
• Commentary about an individual's body, sexual prowess, or sexual deficiencies
• Leering, whistling, or touching
• Insulting or obscene comments or gestures
• Displaying sexually suggestive objects or pictures in the workplace
• Other physical, verbal, or visual conduct of a sexual nature that is sufficiently severe or
pervasive to create an unprofessional and hostile working environment
Please refer to Section 1.3 for information on reporting any perceived sexual harassment, your
right to be free from retaliation for making such reports, OPH's expected response to receiving
reports, and the investigation process.
1.2.3 Harassment Policy
Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this
policy, harassment is verbal, written or physical conduct that denigrates or shows hostility or aversion
toward an individual because of their race, color, religion, sex, sexual orientation, gender identity or
expression, national origin, age, disability, marital status, citizenship, genetic information, or any other
characteristic protected by law. The purpose of this policy is not to regulate our employees' personal
morality, but to ensure that in the workplace, no one harasses another individual.
Harassing conduct could include epithets, slurs or negative stereotyping; threatening, intimidating or
hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or
aversion toward a protected class that is placed on walls or elsewhere on the employer's premises or
circulated in the workplace, on City time or using City equipment by e-mail, phone (including voice
messages), text messages, social networking sites or other means.
Please refer to Section 1.3 regarding reporting perceived harassment, your right to be free from
retaliation for making any such reports, OPH's expected response to receipt of reports, and
investigation of reports.
1.2.4 Workplace Violence Policy
OPH is strongly committed to providing a safe workplace. The purpose of this policy is to minimize
the risk of personal injury to employees and damage to City and personal property.
Threats, threatening language or any other acts of aggression or violence made toward or by any City
employee WILL NOT BE TOLERATED. For purposes of this policy, a threat includes any verbal or
physical harassment or abuse, any attempt at intimidating or instilling fear in others, menacing gestures,
flashing of weapons, stalking or any other hostile, aggressive, injurious or destructive action undertaken
for the purpose of domination or intimidation. To the extent permitted by law, employees and visitors
are prohibited from carrying weapons onto City premises.
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We do not expect employees to become experts in psychology or to physically subdue a threatening or
violent individual. Indeed, we specifically discourage employees from engaging in any physical
confrontation with a violent or potentially violent individual. However, we do expect and encourage
employees to exercise reasonable judgment in identifying potentially dangerous situations.
Experts in the mental health profession state that prior to engaging in acts of violence, troubled
individuals often exhibit one or more of the following behaviors or signs: over -resentment, anger and
hostility; extreme agitation; making ominous threats such as bad things will happen to a particular
person, or a catastrophic event will occur; sudden and significant decline in work performance;
irresponsible, irrational, intimidating, aggressive or otherwise inappropriate behavior; reacting to
questions with an antagonistic or overtly negative attitude; discussing weapons and their use, and/or
brandishing weapons in the workplace; overreacting or reacting harshly to changes in City policies and
procedures; personality conflicts with co-workers; obsession or preoccupation with a co-worker;
attempts to sabotage the work or equipment of a co-worker; blaming others for mistakes and
circumstances; or demonstrating a propensity to behave and react irrationally.
Please refer to Section 1.3 regarding reporting any threats of violence, your right to be free from
retaliation for making any such reports, OPH's expected response to receipt of reports, and
investigation of reports.
1.3 Reporting Procedure
If an employee feels they have been subjected to or witnessed conduct that violates OPH's Respectful
Workplace policy or any other OPH policy, they should follow the reporting procedure outlined in this
section. This policy ensures employees have multiple avenues for reporting concerns, so they can be
addressed promptly.
If comfortable and appropriate, OPH encourages individuals who believe they are being subjected to
conduct that violates the policies contained within this handbook to promptly advise the offender that
their behavior is unwelcome and request that it be discontinued. Often, this action alone will resolve
the problem. However, OPH recognizes that direct confrontation may not be appropriate or possible in
some situations and respects the individual's preference to pursue the matter through complaint
procedures.
If harassment, discrimination, or violence is not reported, OPH may not be aware of the behavior
and may be unable to investigate and correct the situation. Therefore, all suspected or actual
harassment, discrimination, or violence must be immediately reported as indicated within this
policy. This requirement applies to any situation, whether the conduct is directed at you or
someone else.
If the matter is not resolved based on dialogue with the alleged offender, and in all cases of perceived
harassment, discrimination, or violence, employees must immediately report the matter to their
Department Director. If the employee is unable to contact this person or has not received a satisfactory
response within five (5) business days after reporting the incident, they should contact the Mayor. If the
person toward whom the complaint is directed is the City Administrator, the employee should contact
the Mayor.
If any employee feels their safety or the safety of others is in immediate threat, such as in an incident
of violence, they must immediately call 911.
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Every report of perceived discrimination, harassment, workplace violence, or other actions in violation
of the policies contained within this handbook will be fully investigated and corrective action will be
taken where appropriate. All complaints will be kept confidential to the extent possible, but
confidentiality cannot be guaranteed.
Employees must cooperate with all investigations.
This is not a dispute resolution process. This process allows OPH to address issues raised by employees,
determine if policies have been violated, and take appropriate follow-up action. Raising an issue
through this process does not toll any statutory timelines.
1.3.1 Retaliation for Workplace Reports
The City will not allow any form of retaliation against individuals who, in good faith, report unwelcome
conduct to management or who cooperate in the investigations of such reports, including but not limited
to reports made under the Respectful Workplace policy. If an employee feels they have been subjected
to any such retaliation, they should report it in the same manner identified in Section 1.3.
Violation of this policy including any improper retaliatory conduct will result in disciplinary action, up
to and including discharge. False and malicious complaints (distinct from complaints made in good
faith that may prove erroneous) may be the subject of appropriate disciplinary action.
1.3.2 The City's Response to Workplace Reports
In the case of sexual harassment, discriminatory, or violent behavior, the City Administrator will
determine whether an investigation is warranted. OPH must act upon such a report even if requested
otherwise by the victim or witness.
In situations other than sexual harassment, discriminatory, or violent behavior, OPH will use the
following guidelines when an allegation is reported:
Step 1. When talking with the reporting employee, the City Administrator will ask what the
reporting party wants to see happen next. It is important to note that OPH cannot promise
complete confidentiality, due to the need to investigate the issue properly. However, any
investigation process will be handled as confidentially as practical, and related information will
only be shared on a need -to -know basis and in accordance with applicable law.
Ste 2(a). If the nature of the allegations and the wishes of the victim warrant a simple
intervention, OPH may choose to handle the matter informally. OPH may conduct a coaching
session with the offender, explaining the impact of their actions and requiring the conduct not
reoccur. This approach is particularly appropriate when there is some ambiguity about whether
the conduct occurred/was disrespectful.
Step 3. In most cases, as soon as practical after receiving the written or verbal complaint, the
alleged policy violator will be informed of the allegations, and the alleged violator will have the
opportunity to answer questions and respond to the allegations. See Section 1.3.4 for more
information relating to investigations. OPH will follow any other applicable policies or laws in
the investigatory process.
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Step 4. After adequate investigation and consultation with the appropriate personnel, a decision
will be made regarding whether disciplinary action will be taken.
Step 5. The alleged violator and complainant will be advised of the findings and conclusions as
soon as practicable and to the extent permitted by applicable law.
1.3.3 Investigations of Workplace Reports
When a complaint is received, OPH will take reasonable and timely action based on the circumstances.
This may include an informal or formal investigation. It is possible that OPH may authorize an
investigation by an independent investigator (consultant).
Formal investigations will be prompt, impartial, and thorough. Typically, the investigator will gather
the following information:
• A description of the incident, including date, time, and place
• Corroborating evidence
• A list of witnesses
• Identification of the offender
To facilitate fostering a respectful work environment, all employees are required to respond to questions
or to otherwise participate in investigations regarding alleged violations.
Strict confidentiality is not possible, as the accused has the right to answer charges made against them,
particularly if discipline is a possible outcome.
1.4 Reasonable Accommodations
The City is committed to complying with applicable federal, state, and local laws governing reasonable
accommodations of individuals. We endeavor to make reasonable accommodations to applicants and
employees who request them or whom OPH has noticed may require such an accommodation, without
regard to any protected classifications. Accommodations may be related to:
• Disability, meaning any physical, medical, mental, or psychological impairment, or a history
or record of such impairment;
• Sincerely held religious beliefs and practices;
• Needs as a victim of domestic violence, sex offenses, or stalking;
• Needs related to pregnancy, childbirth, or related medical conditions (see subsection below
for additional information specific to this category); and/or
• Any other reason required by applicable law, unless the accommodation would impose an
undue hardship on the operation of OPH.
Individuals seeking an accommodation should contact Assistant City Administrator. After receiving a
request for an accommodation or learning that an employee may need one, OPH will engage in an
interactive discussion with the employee.
If OPH initiates an interactive dialogue with an employee, it should not be construed as a belief that an
individual requires an accommodation. It will simply serve as an invitation for the employee to share
any relevant information or to request an accommodation.
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During the interactive dialogue, OPH may request supporting documentation, to the maximum extent
permitted by law. Notwithstanding the above, OPH will not be required to create a new or additional
position in order to accommodate an employee pursuant to this subdivision and shall not be required to
discharge an employee, transfer another employee with greater seniority, or promote an employee.
The City will keep confidential all discussions and/or documentation obtained in accordance with
applicable law.
The City prohibits any form of retaliation against employees who request an accommodation, who OPH
knows may need an accommodation, or who engage in the interactive process.
Employees with questions regarding this policy should contact Assistant City Administrator.
1.4.1 Minnesota Pregnancy Accommodations
OPH will provide reasonable accommodations to employees who have communicated a physical or
mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical
condition unless the accommodation will cause OPH an undue hardship.
A pregnant employee shall not be required to obtain the advice of a licensed health care provider or
certified doula, nor may an employer claim undue hardship for the following accommodations: (1) more
frequent or longer restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds.
OPH will engage in an interactive process with respect to an employee's request for a reasonable
accommodation. Reasonable accommodation may include but is not limited to temporary transfer to a
less strenuous or hazardous position, temporary leave of absence, modification in work schedule or job
assignments, seating, more frequent restroom breaks or longer break periods, and limits to heavy lifting.
Notwithstanding any other provision of this subdivision, an employer shall not be required to create a
new or additional position in order to accommodate an employee pursuant to this subdivision and
shall not be required to discharge an employee, transfer another employee with greater seniority, or
promote an employee.
OPH will not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or
otherwise retaliate or discriminate against an employee for asserting rights or remedies under this
subdivision.
1.5Drug, Alcohol, and Cannabis Use
To help ensure a safe, healthy, and productive work environment for our employees and others, to
protect OPH property, and to ensure efficient operations, OPH has adopted a policy of maintaining a
workplace free of drugs, alcohol, and cannabis. This policy applies to all employees and other
individuals who perform work for OPH.
Drug, alcohol, cannabis flower, cannabis product, lower -potency hemp edible, and/or hemp -derived
consumer product use, possession, impairment, sale, or transfer while an employee is working,
representing OPH, or while an employee is on OPH's premises or operating OPH's vehicles,
machinery, or equipment is prohibited.
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OPH does not prohibit use pursuant to a licensed medical practitioner's instructions when the licensed
medical practitioner authorized the employee or individual to report to work. However, this does not
extend any right to report to work under the influence of medical marijuana, to the extent an employee
is subject to any drug testing requirement, to the extent permitted by and in accordance with
applicable law.
The reasonable consumption of alcoholic beverages at approved social activities is permitted. No
employees are ever required to consume alcohol and should they choose to do so, they must follow all
applicable laws and will be solely responsible for their actions. Employees consuming alcohol must
use proper judgment and professionalism at all times and abide by all other employer policies.
Violation of this policy will result in disciplinary action, up to and including termination.
OPH maintains a policy of non-discrimination and will endeavor to make reasonable accommodations
to assist individuals recovering from substance and alcohol dependencies, and those who have a
medical history, which reflects treatment for substance abuse conditions. However, employees may
not request an accommodation to avoid discipline for a policy violation. We encourage employees to
seek assistance before their substance abuse or alcohol misuse renders them unable to perform the
essential functions of their jobs or jeopardizes the health and safety of any OPH employee, including
themselves.
See also the OPH Drug, Alcohol, and Cannabis Testing Policy.
Section 1 Operational Policies
2.1 Probationary Period
A six (6) month probationary period is intended to give new employees the opportunity to
demonstrate their ability to achieve a satisfactory level of performance and to determine whether the
new position meets their expectations. OPH uses this period to evaluate employee capabilities, work
habits, and overall performance. The City may end the employment relationship at any time during
the probationary period with or without cause or advance notice.
2.2 Employee Classifications
For the purposes of this handbook, all employees are classified as follows. These classifications do not
guarantee employment for any specified period, as both the employee and OPH retain the right to
terminate the employment relationship at will.
Full -Time Employees - Employees who regularly work at least 40 hours per week and who were not
hired on a temporary basis.
Part -Time Employees - Employees who regularly work fewer than 40 hours per week and who were
not hired on a temporary basis.
Temporary Employees - Employees who were hired for a specific short-term project, seasonal work,
or on a short-term freelance, per diem or temporary basis. Temporary Employees generally are not
eligible for City benefits but may be eligible for some benefits pursuant to local, state, or federal law.
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Additionally, employees are categorized as either "exempt" or "non-exempt" for the purposes of
federal and state wage and hour laws. Exempt employees do not receive overtime pay; they generally
receive the same weekly salary regardless of hours worked.
These classifications determine hours of work, wage assignment, and eligibility for benefits such as
vacation, sick leave, health insurance, and retirement when and if they are available. Each employee
shall be advised of their specific classification upon hire and during orientation. Eligibility for benefits
for each classification will be outlined in individual policies provided in this handbook.
2.3 Longevity Pay or Incentive Pay
Upon completion of the Probationary Period each employee will be given the choice between
longevity pay and incentive pay, above base pay. Once a choice has been made, however, that
employee may not change to the other additional pay program.
Longevity Pay: If so chosen, and based on the satisfactory performance of assigned duties, such
employees shall be entitled to longevity pay, above base pay, as follows:
After four (4) years of service
3% of salary per month
After eight (8) years of service
5% of salary per month
After twelve (12) years of service
7% of salary per month
After sixteen (16) years of service
9% of salary per month
Incentive Pay: If so chosen, employees shall be entitled to an educational and wellness incentive pay
as established by the City Council. This additional pay is determined by participation in and
completion of higher education and a health and wellness program as determined by the City Council.
As an alternate to longevity pay, OPH agrees to pay an educational/health and wellness incentive pay
as per the following:
Years of Post -High School Education Salary Per Month
Total
After one (1) year 2%
2%
After two (2) years 2%
4%
After three (3) years 2%
6%
After four (4) years 2%
8%
A. The Employer agrees to pay an additional two percent (2%)
if an employee receives a
Master's Degree or completes an additional sixty (60) hours of accredited course work
per year.
B. At such time an employee achieves fifty percent (50%) of the next year's goal, the
employee would be entitled to the next percentage of salary increase (i.e., the employee
who achieves 2-1/2 years of post -high school education is therefore entitled to six
percent (6%) of salary per month).
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C. Fitness Pay: The physical tests shall consist of pushups, sit ups and the two (2) mile run,
according to current APFT Standards (Army Physical Fitness Test). The employee must
complete each test with at least the minimum score for his/her age group and gender. A
comparable alternative test would be allowed if an employee could not do a particular
test due to a specific injury. Completing all three (3) physical tests with at least apassing
minimum score and meeting required height/weight standards would entitle the
employee to one percent (1%) of his/her salary per month.
D. Wellness Pay: If an employee is smoke/tobacco free, he/she is entitled to one percent
(1%) of his/her base salary per month. If an employee uses tobacco, he/she shall lose
the 1% incentive but shall also lose one percent (1%) of his/her salary per month for at
least one month and continuing thereafter until the Employee provides written
documentation to the City that they are smoke/tobacco free.
E. If an employee selects the educational / health and wellness incentive as outlined above,
that choice is irrevocable and the employee would no longer be entitled to receive
longevity incentive pay.
F. A maximum of ten percent (10%) additional pay may be earned through the educational/
health and wellness incentive pay.
2.4 Your Employment Records
All employees should keep their address, telephone number, and emergency contact up to date by
informing the Assistant City Administrator of any changes. The employee also should inform the
Assistant City Administrator of any specialized training or skills they may acquire in the future, as well
as any changes to any required visas. Unreported changes of address, marital status, etc. can affect
withholding tax and benefit coverage. Furthermore, an outdated emergency contact or inability to reach
the employee in a crisis could pose severe health or safety risks or other significant problems.
Employees have the right to review their personnel records in accordance with applicable law. Unless
otherwise specified by applicable law, employees must submit a good faith request in writing to the
Assistant City Administrator. Employees may also request a copy of the record when reviewing it.
The contents of the personnel record may be defined by applicable law, which may not require
employee access to information not included within the personnel record.
No adverse action will be taken against employees who ask to review their personnel records in good
faith.
If an employee is improperly denied their rights as provided by this law, the law may provide certain
remedies. This notice only describes some of an employee's rights that employees may have under the
law. For more information, the Minnesota statutes detailing employee rights can be found at Minnesota
Statutes. § 181.960 through Minnesota Statutes § 181.965. These laws can be found on the internet at
hops://www.revisor.mn.gov/p/pubs/ or in public libraries throughout the state.
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2.5 Flexible Schedule and Telecommuting
The City of Oak Park Heights recognizes the benefits of flexible work schedules and telecommuting
and permits employees to work remotely or adjust their work hours under certain circumstances.
Flexible schedules and telecommuting may be authorized on a temporary or situational basis due to
operational needs, inclement weather, public health concerns, or other factors that justify alternative
work arrangements. Flexible work schedules and telecommuting must be established in advance and
mutually agreed upon by the City Administrator, or designee, and the employee. This policy does not
apply to requests for a reasonable accommodation, which is governed by Section 1.4 of the Employee
Handbook.
Because a flexible or telecommuting schedule is a benefit and not a right, the City has the sole power
to approve or revoke any such arrangement whether in a trial period or not. Permission to work flexible
hours and/or telecommute is not guaranteed.
If the City intends to revoke a flexible and/or telecommuting schedule, the City will, except in
circumstances including discipline, performance, violation of workplace policies and procedures, or
other extenuating circumstances in the City Administrator or their designee's sole discretion, attempt
to give as much notice as possible prior to the revocation.
Unless otherwise specified by the City Administrator or their designee, an employee's job duties and
responsibilities do not change under a flexible and/or telecommuting schedule. Employees must
continue to perform all job duties and responsibilities at a satisfactory level. Failure to do so may
result in the employee being required to return to a standard schedule, disciplinary action, or both in
the employer's sole discretion.
2.6 Working Hours and Schedule
OPH normally is open to the public from 8:00 A.M. to 4:30 P.M., Monday through Friday excluding
Holidays. The employee will be assigned a work schedule and will be expected to begin and end work
according to the schedule. Work schedules are subject to change based on operational needs.
Employees will be provided meal and rest periods as required by law. Employees are entitled to one
paid 15-minute break for every four hours of work. Employees working eight or more consecutive hours
are entitled to two paid 15-minute breaks and one 30-minute unpaid break.
2.7 Timekeeping Procedures
Employees must record their actual time worked for payroll and benefit purposes. Non-exempt
employees must record the time work begins and ends, as well as the beginning and ending time of any
departure from work for any non -work -related reason, on forms as prescribed by management.
Time worked includes all time that an employee is required to be performing duties for OPH. Time
worked is used to determine overtime pay required for nonexempt employees.
Altering, falsifying, tampering with time records or recording time on another employee's time record
may result in disciplinary action, up to and including termination of employment.
Exempt employees are required to record their daily work attendance and report full days of absence
from work for reasons such as leaves of absence, sick leave or personal business.
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Non-exempt employees may not start work until their scheduled starting time, unless otherwise
approved by their supervisor.
Falsifying time entries, including by working "off the clock," is strictly prohibited. If you falsify your
time entries or work off the clock, you will be subject to discipline, up to and including termination.
It is the employee's responsibility to sign time records to certify the accuracy of all time recorded. Any
errors in the time record should be reported immediately to the City Accountant or Finance Director,
who will attempt to correct legitimate errors.
In addition, you must immediately report to the City Accountant or Finance Director any employee
including a member of leadership who falsifies your time entries or encourages or requires you to falsify
your time entries or work off the clock.
2.8 Overtime/Comp. Time
During busy periods, additional work may be required. Employees may be required to come in early,
work late, or work overtime hours from time to time, depending on various factors, such as workloads,
staffing needs, and special projects. The Department Head and/or the City Administrator must approve
all overtime, except in cases of emergency. Effort will be made to provide employees with adequate
advance notice in such situations.
Any non-exempt employee who works overtime will be compensated at the rate of one and one-half
times (1.5) his/her normal hourly wage for all time worked in excess of forty (40) hours each week,
unless otherwise required by law.
Exempt employees do not receive overtime pay and instead are paid comp. time at the rate of one and
half hours per one hour worked over eight (8) hours in a day, unless specified otherwise in their union
or employment contract. Sick time, vacation, and comp. time do not count towards work time.
Up to forty (40) hours of accrued Comp. time may be cashed in at the end of the calendar year.
Compensatory time shall not be carried over from one year to the next.
Employees may work overtime only with prior management authorization.
For purposes of calculating overtime for non-exempt employees, the workweek begins at 12:00 A.M.
Sunday and ends 168 hours later at 11:59 P.M on the following Saturday.
If you believe that you have not been compensated for all hours worked, including overtime pay you
believe you are owed, you must immediately report your concerns to the City Accountant or Finance
Director. Employees are prohibited from requiring or encouraging co-workers to underreport any
overtime hours worked. You are obligated to immediately report to the City Accountant or Finance
Director anyone who requires or encourages you to underreport your hours worked.
2.9 Payday
Employees are paid twice per month on the 15th and the last day of the month. If a particular payday
falls on a weekend or holiday, employees normally will be paid on the last business day before the
weekend or holiday.
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OPH requires employees to use direct deposit, except for temporary and seasonal employees.
Authorization forms are available from the City Accountant. Employees enrolled in direct deposit will
have their pay deposited in their designated account on payday. For all other employees, pay checks
will be delivered to their employee mailbox at City hall or mailed to the employee's home address on
file.
If you do not receive your direct deposit or paycheck, notify the City Accountant immediately.
Payroll stubs itemize deductions made from gross earnings. By law, OPH is required to make
deductions for Social Security, federal income tax and any other appropriate taxes. These required
deductions also may include any court -ordered garnishments. Payroll stubs also will differentiate
between regular pay received and overtime pay received.
Employees should review their pay checks for errors. If you find a possible error, report it to the City
Accountant or Finance Director immediately. OPH will correct any errors, including any under or
overpayment, as soon as possible.
Paychecks will be given only to the employee, unless they request that they be mailed, or authorize in
writing another person to accept the check.
OPH does not permit advances on paychecks.
2.10 Wage Disclosure Protection
Under Minnesota law, an employer may not:
1. Require nondisclosure by an employee of their wages as a condition of employment;
2. Require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee's wages; or
3. Take any adverse employment action against an employee for disclosing the employee's
own wages or discussing another employee's wages which have been disclosed voluntarily.
Nonetheless, this policy should not be construed to
1. Create an obligation on OPH or an employee to disclose wages;
2. Permit an employee, without the written consent of OPH to disclose proprietary information,
trade secret information, or information that is otherwise subject to legal privilege or
protected by law;
3. Diminish any existing rights under the National Labor Relations Act; or
4. Permit an employee to disclose wage information of other employees to a competitor of
OPH.
OPH will not retaliate against an employee for asserting rights or remedies set forth in this policy.
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An employee may bring a civil action against OPH for a violation of this policy. If a court finds that
OPH has violated this policy, the court may order reinstatement, back pay, restoration of lost service
credits, if appropriate, and the expungement of any related adverse records of an employee who was
the subject of the violation.
2.11 Safe Harbor Policy for Exempt Employees
It is our policy and practice to accurately compensate employees and to do so in compliance with all
applicable state and federal laws. To ensure proper payment and that no improper deductions are made,
employees must review pay stubs promptly to identify and report all errors.
Employees classified as exempt salaried employees will receive a salary which is intended to
compensate them for all hours they may work for OPH. This salary will be established at the time of
hire or classification as an exempt employee. While it may be subject to review and modification from
time to time, such as during salary review times, the salary will be a predetermined amount that will
not be subject to deductions for variations in the quantity or quality of the work performed.
Under federal and state law, salary is subject to certain deductions. For example, unless state law
requires otherwise, salary can be reduced for the following reasons:
• full -day absences for personal reasons;
• full -day absences for sickness or disability;
• full -day disciplinary suspensions for infractions of our written policies and procedures;
• Family and Medical Leave absences (either full- or partial -day absences);
• to offset amounts received as payment from the court for jury and witness fees or from the
military as military pay;
• the first or last week of employment in the event the employee works less than a full week;
and
• any full work week in which the employee does not perform any work.
Salary may also be reduced for certain types of deductions such as a portion of health, dental or life
insurance premiums; state, federal or local taxes; social security; or voluntary contributions to a 401(k)
or pension plan.
If employees believe they have been subject to any improper salary deductions, they should
immediately report the matter to the City Accountant. If employees have not received a satisfactory
response within five (5) business days after reporting the incident, they should immediately contact the
Finance Director. Every report will be fully investigated and corrective action, including
reimbursement, will be taken where appropriate. OPH will not allow any form of retaliation against
individuals who report alleged violations.
In any workweek in which an employee performed any work, OPH prohibits reducing an exempt
employee's salary for any of the following reasons: partial -day absences; absence because the facility
is otherwise closed on a scheduled workday, jury duty, attendance as a witness, or military leave in any
week in which an employee has performed any work; and any other deductions prohibited by state or
federal law. However, unless state law provides otherwise, deductions may be made to accrued leave
for full- or partial -day absences for personal reasons, sickness or disability.
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2.12 Performance Reviews
OPH endeavors to conduct annual performance reviews of all employees.
Performance reviews help management ensure that:
• Employees have the tools they need to succeed.
• Employees meet reasonable workplace standards and goals.
• City leaders have an opportunity to assess employee achievement and areas needing
improvement with respect to these standards and goals.
A positive performance evaluation does not guarantee an increase in salary, a promotion or continued
employment. Compensation increases and the terms and conditions of employment, including job
assignments, transfers, promotions, and demotions, are determined by and at the discretion of
management.
In addition to these formal performance evaluations, OPH encourages employees and leadership to
discuss job performance on a frequent and ongoing basis.
2.13 Record Retention
OPH acknowledges its responsibility to preserve information relating to litigation, audits and
investigations. Failure on the part of employees to follow this policy can result in possible civil and
criminal sanctions against OPH and its employees and possible disciplinary action against responsible
individuals (up to and including discharge of the employee). Each employee has an obligation to contact
the City Administrator to inform them of potential or actual litigation, external audit, investigation or
similar proceeding involving OPH that may have an impact on record retention protocols.
2.14 Employer Sponsored Meetings/Communications
Pursuant to Minnesota law, OPH will not discharge, discipline, or otherwise penalize or threaten to
discharge, discipline, or otherwise penalize or take any adverse employment action against an
employee (1) because the employee declines to attend or participate in a OPH sponsored meeting or
declines to receive or listen to communications from OPH if the meeting or communication is to
communicate the opinion OPH about religious or political matters; (2) as a means of inducing an
employee to attend or participate in meetings or receive or listen to communications described in
clause (1); or (3) because the employee, or a person acting on behalf of the employee, makes a good -
faith report, orally or in writing, of a violation or a suspected violation of this section.
An aggrieved employee may bring a civil action to enforce this section no later than 90 days after the
date of the alleged violation in the district court where the violation is alleged to have occurred or
where the principal office of OPH is located.
Section 2 Benefits
3.1 Benefits Overview
It is OPH's policy to provide a combination of supplemental benefits to all eligible employees. In
keeping with this goal, each benefit program has been carefully devised. These benefits include time-
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off benefits, such as vacations and holidays, and insurance and other plan benefits. We are constantly
studying and evaluating our benefits programs and policies to better meet present and future
requirements. These policies have been developed over the years and continue to be refined to keep up
with changing times and needs. We recognize the importance of leave for various personal, family, and
medical reasons. To this end, OPH pledges to comply fully with all applicable federal, state, and local
leave laws whether included herein or not.
The next few pages contain a brief outline of the benefits programs OPH provides employees and their
families. Of course, the information presented here is intended to serve only as guidelines.
OPH (including the officers and administrators who are responsible for administering the plans) retains
full discretionary authority to interpret the terms of the plans, as well as full discretionary authority with
regard to administrative matters arising in connection with the plans and all issues concerning benefit
terms, eligibility and entitlement.
While OPH intends to maintain these employee benefits, it reserves the absolute right to modify, amend
or terminate these benefits at any time and for any reason.
If employees have any questions regarding benefits, they should contact the Assistant City
Administrator.
The City reserves the right to modify or revoke this policy at any time with appropriate notice to
employees.
3.2 Paid Leaves of Absence:
3.2.1 Sick Leave/Earned Sick and Safe Time
Employees are entitled to sick time, a form of paid leave.
Amount of Leave
OPH provides all employees with one (1) day per month for each month of employment of
major portion thereof.
Earned Sick and Safe Time leave is eligible for carry over accrued but unused Earned Sick
and Safe time into the following year, but the total of Earned Sick and Safe Leave carry
over hours shall not exceed 80 hours.
The hourly rate of Earned Sick and Safe Leave is the same hourly rate an employee earns from
employment. This specific leave applies to all employees (including temporary and part-time
employees) performing work for at least 80 hours in a year. Earned Sick and Safe time will be earned
based on a calendar year.
Use of Earned Sick and Safe Leave: The leave may be used as it is accrued for all or part of a shift,
depending on the need, for the following circumstances:
an employee's mental or physical illness, treatment or preventive care;
the mental or physical illness, treatment or preventive care of an employee's family
member;
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• absence due to domestic abuse, sexual assault or stalking of an employee or their family
member;
• closure of an employee's workplace due to weather or public emergency or closure of their
family member's school or care facility due to weather or public emergency;
• when determined by a health authority or health care professional that an employee or their
family member is at risk of infecting others with a communicable disease; and
• to make funeral arrangements, attend a funeral service or memorial or address financial or
legal matters that arise after the death of a family member.
Advance Notice for use of Earned Sick and Safe Leave: If the need for sick and safe leave is
foreseeable, OPH requires seven days' advance notice to their supervisor or Department Director.
However, if the need is unforeseeable, employees must provide notice to their supervisor or
Department Director of the need for Sick time as soon as practicable.
Documentation: When an employee uses Sick time for more than three consecutive days, OPH may
require appropriate supporting documentation (such as medical documentation supporting medical
leave, court records or related documentation to support safety leave).
Weather Event Exception: An employee may not use Earned Sick and Safe Leave for "closure of an
employee's workplace due to weather or public emergency or closure of their family member's school
or care facility due to weather or public emergency" if the employee's preassigned or foreseeable
work duties during a public emergency or weather event would require the employee to respond to the
public emergency or weather event.
Retaliation prohibited: Retaliation against employees who request or use sick time is prohibited.
Each employee has the right to file a complaint or bring a civil action if sick time is denied by the
employer or the employee is retaliated against for requesting or using sick time.
Labor Agreements: This Policy is intended to comply with Minnesota's 2024 Earned Sick and Safe
Time Law enacted by 2023 legislation, and shall be considered as only supplemental, and not in
addition, to the terms and conditions of paid leave in any existing union labor agreements or
employment agreements covering City employees. In the event of inconsistency between this policy
and any agreement, the provision more beneficial to the employee will apply.
Termination of Employment: No sick leave benefits of any kind shall be paid out upon termination
of employment. Unless per contract or the employee has completed ten (10) or more years of service.
Employees who have completed ten (10) years of service with the City shall be entitled to fifty (50%)
percent of the unused sick leave as severance pay, such payment not to exceed six hundred (600)
hours maximum upon retirement or if they become disabled so they must terminate their employment.
In the case of death, their beneficiary shall be entitled to their severance pay, such payment not to
exceed six hundred (600) hours maximum.
3.2.2 Lactation Breaks
OPH will provide employees reasonable paid break times each day to express milk. The break times
may run concurrently with any break times already provided to the employee.
If you need to express milk, OPH will make reasonable efforts to provide you with a clean, private,
and secure room or other location, other than a bathroom or a toilet stall, to express milk. The room
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will be in close proximity to the work area, shielded from view and free from intrusion from co-
workers and the public and will have access to an electrical outlet.
You are encouraged to discuss the length and frequency of these breaks with their supervisor.
OPH will not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or
otherwise retaliate or discriminate against an employee for asserting rights or remedies under this
subdivision.
3.2.3 Voting & Election Judge Leave
Voting; Every employee who is eligible to vote in an election has the right to be absent from work for
the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day
of that election or for voting in person before Election Day, without penalty or deduction from salary
or wages because of the absence. Generally, this time should be taken at the beginning or end of the
regular work schedule. Where possible, the should be notified at least two days prior to the voting day.
Election Judge: An employee who is selected to serve as an election judge is permitted to be absent
from work, after giving their supervisor at least 20 days' written notice. The written notice must include
the certification from the appointing authority stating the hourly compensation to be paid to the
employee for service as an election judge, and the hours during which the employee will serve.
Time off under this policy is paid, and employees' salary or wages will be offset by OPH by the amount
paid to the employee by the appointing authority during the employee's absence. Employees taking time
off under this policy may instead elect to take a paid vacation day, if available, in which case no offset
will occur with the amount paid by the appointing authority.
OPH may restrict the number of employees to be absent from work for the purpose of serving as an
election judge to no more than 20 percent of the total workforce at any single worksite.
3.2.4 Organ Donation Leave
Employees who work an average of 20 or more hours per week are entitled to up to 40 hours of paid
leave for the purposes of donating an organ or partial organ to another person. The combined length of
the leave shall be determined by the employee but may not exceed 40 work hours for each donation,
unless agreed to by OPH. OPH may require verification by a physician of the purpose and length of
each leave requested by the employee for organ donation.
If there is a medical determination that the employee does not qualify as an organ donor, the paid leave
of absence granted to the employee prior to that medical determination is not forfeited.
OPH will not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise
retaliate or discriminate against an employee for asserting rights and remedies provided in this section.
3.2.5 Bone Marrow Donation Leave
Employees who work an average of 20 or more hours per week are entitled to up to 40 hours of paid
leave for the purposes of donating bone marrow. The combined length of the leave shall be determined
by the employee, but may not exceed 40 work hours, unless agreed to by OPH. OPH may require
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verification by a physician of the purpose and length of each leave requested by the employee to donate
bone marrow.
If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid
leave of absence granted to the employee prior to that medical determination is not forfeited.
Verification of donation and the length of necessary leave may be required by OPH.
Reasonable notice of leave should be provided.
OPH will not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise
retaliate or discriminate against an employee for asserting rights and remedies provided in this section.
3.2.6 Paid Holidays
Employees will be paid for the following holidays:
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
Floating Holiday (for employee to schedule)
When holidays fall or are celebrated on a regular workday, eligible employees will receive one (1) day's
pay at their regular straight -time rate pursuant to their regular schedule. When a holiday falls on a
Sunday, the following Monday will be the "observed" holiday and when a holiday falls on a Saturday,
the preceding Friday will be the "observed" holiday. Eligible employees who are called in to work on
a holiday will receive an additional one-half (1/2) time's pay for all hours worked on that shift in addition
to regular pay and holiday pay. .
Use of holiday pay is not considered hours worked for purposes of calculating overtime.
All non-exempt employees are eligible for holiday pay provided they meet the following criteria:
• The employee must work their scheduled shift before and after the holiday unless they have an
approved absence.
• The employee must actually work on the holiday to qualify for the time and a half rate.
This policy does not apply to employees who are on leave or otherwise not scheduled to work on the
holiday.
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3.2.7 Paid Vacations
We know how hard employees work and recognize the importance of providing time for rest and
relaxation. We fully encourage employees to get this rest by taking your vacation leave.
Accrual of Vacation Time:
0 — 5 years of service
10 working days per year (5/6 day per month)
6 — 10 years of service
15 working days per year (1-1/4 day per month)
11 — 15 years of service
20 working days per year (1-2/3 day per month)
16 and over years of service
One (1) additional day per year to a maximum of
25 days per year
After two (2) years of service, permanent employees shall be granted two (2) days personal leave with
pay, to take care of personal business that can only be taken care of during normal working hours. Said
leave will be non -accumulative and subject to prior approval of the Department Head and/or City
Administrator.
Vacation is accrued on a pro-rata basis throughout the year.
Employees may accrue vacation leave to a maximum of forty (40) working days.
Employees who maintain a sick leave balance of one hundred (100) days annually shall receive one (1)
additional day's vacation per year.
Use of Vacation Leave: Employees may use vacation leave for any purpose. Employees shall be
authorized to use accumulated vacation benefits after six (6) months of employment.
Advance Notice for use of Vacation Leave: If the need for vacation leave is foreseeable, OPH requires
fourteen days' advance notice to their supervisor or Department Director. However, if the need is
unforeseeable, employees must provide notice to their supervisor or Department Director of the need
for vacation leave as soon as practicable.
Retaliation prohibited: Retaliation against employees who request or use vacation leave for personal
illness or injury is prohibited. Each employee has the right to file a complaint or bring a civil action if
vacation time is denied by the employer or the employee is retaliated against for requesting or using
vacation time for personal illness or injury.
Termination of Employment: Accrued, unused vacation is paid out upon termination.
Use of paid vacation days is not considered hours worked for purposes of calculating overtime.
3.2.8 Jury Duty
OPH encourages employees to fulfill their civic duties related to jury service.
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Employees summoned for jury duty are entitled to receive the amount of the difference between the
employee's regular pay and jury duty pay or fees received for service. An employee shall assign the
jury duty pay, less pay received for mileage and expenses, to the City and the City shall pay the
employee their regular pay for the time served as a juror. An employee cannot receive more than the
employee's normal take-home pay as a result of any City pay supplement to jury duty pay.
If you receive a jury summons, you must inform your supervisor as soon as possible to make
arrangements for a leave of absence. OPH reserves the right to require employees to provide proof of
jury duty service to the extent authorized by law.
You are expected to return to work if you are excused from jury duty during regular working hours or
released from jury duty earlier than expected.
Employees also are expected to keep management informed of the expected length of jury duty service
and to report to work for the major portion of the day if excused by the court. If the required absence
presents a serious conflict for management, employees may be asked to try to postpone jury duty.
Unless required by law, employees on any unpaid leave of absence are not entitled to leave under this
policy.
3.2.9 Bereavement
We know the death of a family member is a time when many employees wish to be with their families.
All employees who have completed the probationary period are eligible for up to three (3) days of
paid bereavement leave for the death of an immediate family member. Paid leave days only may be
taken on regularly scheduled workdays.
Employees also may use accrued but unused vacation/sick leave if additional time is needed. Additional
unpaid time off may be granted at the discretion of their supervisor on a case -by -case basis.
For purposes of this policy, immediate family members include an employee's:
• Spouse or civil union or registered domestic partner, including same -sex spouses or partners.
• Parent.
• Step-parent.
• Parent -in-law.
• Sibling.
• Brother-in-law.
• Sister-in-law.
• Child.
• Step -child.
• Son-in-law.
• Daughter-in-law.
• Grandparent.
• Grandchild.
Parent and child relationships include step, foster, and adopted relationships, and relationships based
on one individual's legal guardianship or in loco parentis relationship to another.
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Relationships traditionally defined by marital status, such as a parent -in-law or daughter-in-law, include
equivalent relationships based on one's same -sex marriage or status as a civil union or registered
domestic partner.
Employees are responsible for requesting bereavement leave from their supervisor as far in advance as
possible. OPH may require verification in the form of a death certificate, obituary, or other verifiable
documentation of the need for bereavement leave.
Unless required by law, employees on any unpaid leave of absence are not entitled to leave under this
policy.
3.3 Unpaid Leaves of Absence:
3.3.1 Employer -Provided Unpaid Leave (Non-FMLA Unpaid Leave)
OPH provides Employer -Provided Unpaid Leave which provides for unpaid, job -protected leave to
covered employees in certain circumstances.
Eligibility
To qualify for Employer -Provided Unpaid Leave, you must: (1) have worked for OPH for at least 12
months, although it need not be consecutive and (2) worked at least 1,250 hours in the last 12 months;
If you have any questions about your eligibility for Employer -Provided Unpaid Leave , please contact
the Assistant City Administrator.
Leave Policv
If eligible, you may take up to 12 or 26 weeks of family or medical leave whichever is applicable (as
explained below), within the relevant 12-month period defined below. While you are on Employer -
Provided Unpaid Leave, OPH will maintain your group health insurance coverage at the same level
and under the same circumstances as when you were actively working, as explained more fully under
the section titled, "Medical and Other Benefits." On returning from approved Employer -Provided
Unpaid Leave, you have the right to be restored to the same job or an equivalent position, subject to
the terms, limitations, and exceptions provided by law.
Leave Entitlement
You may take up to 12 weeks of unpaid Employer -Provided Unpaid Leave in a 12-month period,
using a "rolling" method that is measured backward from the date you use any Employer -Provided
Unpaid Leave for any of the following reasons:
• the birth of a child and in order to care for that child (leave to be completed within one year of
the child's birth);
• the placement of a child with you for adoption or foster care and in order to care for the newly
placed son or daughter (leave to be completed within one year of the child's placement);
• to care for a spouse, child, or parent with a serious health condition;
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• to care for your own serious health condition, which renders you unable to perform any of the
essential functions of your position; or
• a qualifying exigency of a spouse, child, or parent who is a military member on covered active
duty or called to covered active -duty status (or has been notified of an impending call or order
to covered active duty).
You may take up to 26 weeks of unpaid Employer -Provided Unpaid Leave in a single 12-month
period, beginning on the first day that you take Employer -Provided Unpaid Leave to care for a
spouse, child, parent or next of kin who is a covered service member and who has a serious injury or
illness related to active -duty service.
Notice of Leave
If your need for Employer -Provided Unpaid Leave is foreseeable, you must give OPH at least 30
days' prior written notice. If this is not possible, you must at least give notice as soon as practicable
(within one to two business days of learning of your need for leave). Failure to provide this notice
may be grounds for delaying Employer -Provided Unpaid Leave, depending on the particular facts and
circumstances.
Additionally, if you are planning a medical treatment or a series of treatments or taking military
caregiver leave, you must consult with OPH first regarding the dates of this treatment to work out a
schedule that best suits the needs of the employee or the covered military member, if applicable, and
OPH.
Where the need for leave is not foreseeable, you are expected to notify OPH within one to two
business days of learning of your need for leave, except in extraordinary circumstances. OPH has
Employer -Provided Unpaid Leave request forms available from the Assistant City Administrator.
Please submit a written request, using this form, when requesting leave.
Certification of Need for Leave
If you are requesting leave because of your own or a covered relative's serious health condition, you
and the relevant health care provider must supply appropriate medical certification. You may obtain
Medical Certification forms from the Assistant City Administrator. When you request leave, OPH
will notify you of the requirement for medical certification and when it is due (at least 15 days after
you request leave). If you provide at least 30 days' notice of medical leave, you should also provide
the medical certification before leave begins. Failure to provide requested medical certification in a
timely manner may result in denial of FMLA-covered leave until it is provided.
OPH, at its expense, may require an examination by a second health care provider designated by
OPH. If the second health care provider's opinion conflicts with the original medical certification,
OPH, at its expense, may require a third, mutually agreeable, health care provider to conduct an
examination and provide a final and binding opinion. OPH may require subsequent medical
recertification. Failure to provide requested certification within 15 days, when practicable, may result
in delay of further leave until it is provided.
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OPH also reserves the right to require certification from a covered military member's health care
provider if you are requesting military caregiver leave and certification in connection with military
exigency leave.
Renortin2 While on Leave
If you take leave because of your own serious health condition or to care for a covered relative, you
must contact OPH every other week regarding the status of the condition and your intention to return
to work. In addition, you must give notice as soon as practicable (within two business days if feasible)
if the dates of leave change or are extended or initially were unknown.
Leave Is Unpaid
Employer -Provided Unpaid Leave is unpaid. You are required to substitute any accrued and unused
vacation/sick leave for unpaid Employer -Provided Unpaid Leave as described below:
• If you request leave because of a birth, adoption, or foster care placement of a child, any
accrued and unused paid leave will first be substituted for unpaid family/medical leave and run
concurrently with your Employer -Provided Unpaid Leave.
• If you request leave because of your own serious health condition, or to care for a covered
relative with a serious health condition, any accrued paid leave will be substituted for any
unpaid family/medical leave and run concurrently with your Employer -Provided Family and
Medical.
The substitution of paid leave time for unpaid Employer -Provided Unpaid Leave time does not extend
the 12 or 26 weeks (whichever is applicable) of the Employer -Provided Unpaid Leave period. In no
case can the substitution of paid leave time for unpaid leave time result in your receipt of more than
100% of your salary. Your Employer -Provided Unpaid Leave runs concurrently with other types of
leave, for example, accrued vacation time that is substituted for unpaid Employer -Provided Unpaid
Leave and any state family leave laws, to the extent allowed by state law.
Medical and Other Benefits
During approved Employer -Provided Unpaid Leave, OPH will maintain your health benefits as if you
continued to be actively employed. If paid leave is substituted for unpaid Employer -Provided Unpaid
Leave, OPH will deduct your portion of the health plan premium as a regular payroll deduction. If
your leave is unpaid, you must pay your portion of the premium through check. Your health care
coverage will cease if your premium payment is more than 30 days late. If your payment is more than
15 days late, we will send you a letter to this effect. If we do not receive your premium payment
within 15 days after the date of this letter, your coverage may cease. If you elect not to return to work
for at least 30 calendar days at the end of the leave period, you will be required to reimburse OPH for
the cost of the health benefit premiums paid by OPH for maintaining coverage during your unpaid
leave, unless you cannot return to work because of a serious health condition or other circumstances
beyond your control.
Intermittent and Reduced Leave Schedule
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If medically necessary, Employer -Provided Unpaid Leave occasioned by a serious health condition
may be taken intermittently (in separate blocks of time due to a serious health condition) or on a
reduced leave schedule (reducing the usual number of hours you work per workweek or workday).
Employer -Provided Unpaid Leave may also be taken intermittently or on a reduced leave schedule for
a qualifying exigency relating to covered military service.
If leave is unpaid, OPH will reduce your salary based on the amount of time actually worked. In
addition, while you are on an intermittent or reduced leave schedule, OPH may temporarily transfer
you to an available alternative position that better accommodates your leave schedule and has
equivalent pay and benefits.
Returning from Leave
If you take leave because of your own serious health condition (except if you are taking intermittent
leave), you are required, as are all employees returning from other types of medical leave, to provide
medical certification that you are fit to resume work. Otherwise, you will not be permitted to resume
work until it is provided.
State or Local Family and Medical Leave Laws and Other City Policies
Where state or local family and medical leave laws offer more protections or benefits to employees,
the protections or benefits that are more favorable to the employee, as provided by these laws, will
apply.
Employees Covered Under a Collective Bmainin2 Agreement
The employment terms set out in this policy work in conjunction with, and do not replace, amend, or
supplement any terms or conditions of employment stated in any collective bargaining agreement that
a union has with OPH. Employees should consult the terms of their collective bargaining agreement.
Wherever employment terms in this policy differ from the terms expressed in the applicable collective
bargaining agreement with OPH, employees should refer to the specific terms of the collective
bargaining agreement, which will control.
3.3.2 Parental Leave
OPH will grant an unpaid leave of absence to an employee who is:
(1) a biological or adoptive parent in conjunction with the birth or adoption of a child; or
(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth, or related
health conditions.
The length of the leave shall be determined by the employee, but must not exceed 12 weeks, unless
agreed to by OPH.
The leave shall begin at a time requested by the employee. For leave taken under subdivision 1, leave
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.
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OPH will not retaliate against an employee for requesting or obtaining a leave of absence as provided
by this section.
If available, OPH will continue to make coverage available to the employee while on leave of absence
under any group insurance policy, group subscriber contract, or health care plan for the employee and
any dependents. The employee shall bear the costs unless otherwise required by law.
3.3.3 School Conference and Activities Leave
OPH will provide employees with up to 16 hours of leave during any 12-month period to attend school
conferences or school -related activities related to the employee's child (including conferences related
to a pre -kindergarten program or childcare services), provided the conferences or school -related
activities cannot be scheduled during nonwork hours. When leave cannot be scheduled during non -
work hours and the need for leave is foreseeable, the employee must provide reasonable prior notice of
the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt OPH's
operations.
Leave under this policy is unpaid. However, an employee may substitute accrued paid time off for leave
under this policy.
OPH will not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise
retaliate or discriminate against an employee for requesting or obtaining a leave of absence as provided
by this section.
3.3.4 Victim/Witness Leave
Witness Leave: OPH allows a victim or witness, who is subpoenaed or requested by the prosecutor to
attend court for the purpose of giving testimony, reasonable time off from work to attend criminal
proceedings related to the victim's case.
Victim/Family of Victim: OPH allows a victim of a violent crime, as well as the victim's spouse or
immediate family members, reasonable time off from work to attend criminal proceedings related to
the victim's case.
Procedure: An employee who is absent from the workplace shall give 48 hours' advance notice to
OPH, unless impracticable or an emergency prevents the employee from doing so. Upon request of
OPH, the employee shall provide verification that supports the employee's reason for being absent from
the workplace. All information related to the employee's leave pursuant to this section shall be kept
confidential by OPH.
Retaliation: OPH will not discharge, discipline, threaten, otherwise discriminate against, or penalize
an employee regarding the employee's compensation, terms, conditions, location, or privileges of
employment, because the employee took reasonable time off from work to attend a criminal proceeding
pursuant to this section.
3.3.5 Harassment and Domestic Abuse Leave
Employees may take reasonable time off from work to obtain or attempt to obtain a harassment
restraining order.
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Except in cases of imminent danger to the health or safety of the employee or the employee's child, or
unless impracticable, an employee who is absent from the workplace shall give 48 hours' advance
notice to OPH.
Upon request of OPH the employee shall provide verification that supports the employee's reason for
being absent from the workplace. All information related to the employee's leave pursuant to this
section shall be kept confidential by OPH.
OPH will not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee
regarding the employee's compensation, terms, conditions, location, or privileges of employment,
because the employee took reasonable time off from work for these purposes.
3.3.6 Political Leave:
Public Office:
A person elected to a public office will be permitted time off from regular employment to attend
meetings required by reason of the public office. The time off will be without pay or made up with
other hours, as may be agreed upon. When an employee takes time off without pay, OPH shall make
an effort to allow the employee to make up the time with other hours when the employee is available
No retaliatory action will be taken by OPH for absences to attend meetings necessitated by reason of
the employee's public office.
Partv Officers/ Delegates:
If an employee gives at least ten days' written notice to OPH, the employee may be absent from work
to attend any meeting of the state central committee or executive committee of a major political party
if the employee is a member of the committee, or may attend any convention of major political party
delegates including meetings of official convention committees if the employee is a delegate or
alternate delegate to that convention.
An employee who gives proper notice as provided in this section shall suffer no penalty or deduction
from salary or wages on account of absence other than a deduction in salary or wages for the actual
time of absence from employment.
3.3.7 Military Leave
OPH values military personnel and their families. To that end, OPH will comply with all applicable law
as it relates to time off, reemployment rights, and any other benefits available to military personnel and
their families.
Employees should give management as much advance notice of their need for military leave as possible
so that we can maintain proper coverage while employees are away.
3.3.8 Unpaid Personal Leave
If employees are ineligible for any other City leave of absence, OPH, under certain circumstances, may
grant a personal leave of absence without pay. A written request for a personal leave should be presented
to management at least two (2) weeks before the anticipated start of the leave. If the leave is requested
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for medical reasons and employees are not eligible for leave under the federal Family and Medical
Leave Act (FMLA) or any state leave law, medical certification also must be submitted. The request
will be considered on the basis of staffing requirements and the reasons for the requested leave, as well
as performance and attendance records. During the leave, employees will not earn vacation, personal
days or sick days. We will continue health insurance coverage during the leave if employees submit
their share of the monthly premium payments to OPH in a timely manner, subject to the terms of the
plan documents.
When the employee anticipates returning to work, they should notify management of the expected
return date. This notification should be made at least one week before the end of the leave.
Upon completion of the personal leave of absence, OPH will attempt to return employees to their
original job or a similar position, subject to prevailing operational considerations. Reinstatement,
however, is not guaranteed unless otherwise required by law.
Failure to advise management of availability to return to work, failure to return to work when notified
or a continued absence from work beyond the time approved by OPH will be considered a voluntary
resignation of employment.
Unless required by law, Employees on any unpaid leave of absence are not entitled to receive paid leave
under OPH's policies. By way of example, an employee who is on unpaid leave for a medical condition
is not entitled to paid Bereavement or Jury Duty leave.
3.4 Insurance Programs
Full-time regular employees may participate in OPH's insurance programs. Under these plans, eligible
employees will receive comprehensive health and other insurance coverage for themselves and their
families, as well as other benefits.
Upon becoming eligible to participate in these plans, you will receive summary plan descriptions
(SPDs) describing the benefits in greater detail.
The descriptions of the insurance and other plan benefits merely highlight certain aspects of the
applicable plans for general information only. The details of those plans are spelled out in the official
SPDs, which are available for review upon request from the Assistant City Administrator. Additionally,
the provisions of the plans, including eligibility and benefits provisions, are summarized in the SPDs
for the plans (which may be revised from time to time). In the determination of benefits and all other
matters under each plan, the terms of the official plan documents shall govern over the language of any
descriptions of the plans, including the SPDs and this handbook.
Of course, feel free to speak to the Assistant City Administrator if you have any further questions.
3.4.1 Medical Insurance
OPH is committed to promoting the health and well-being of our employees. As part of this
commitment, we offer a comprehensive medical insurance program to eligible employees and their
dependents. This policy outlines the provisions and guidelines related to our medical insurance
benefits.
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All full-time regular employees are eligible to enroll in the medical insurance plan on the first day of
the month following hiring. Dependents, including spouses and children, may also be eligible for
coverage under the plan.
3.4.2 Life Insurance
The City provides full-time regular employees with group term life insurance.
3.4.3 Long -Term Disability Benefits
Full-time regular employees are eligible to participate in the Long -Term Disability plan, subject to all
terms and conditions of the agreement between OPH and the insurance carrier.
This is not a leave of absence provision. Employees who will be out of work must request a leave of
absence. See the Leave of Absence sections of this handbook for more information. Required medical
certification under this policy may differ from the medical certification required for any leave of
absence requested.
3.4.4 Flexible Benefits Plan
All regular full-time employees who have completed their specified probationary period are eligible
to participate in the City's "Section 125 Flexible Benefits Plan."
3.5 PERA
The City participates in the Public Employees Retirement Association (PERA) to provide pension
benefits for its eligible employees to help plan for a successful and secure retirement. Participation in
PERA is mandatory for most employees, and contributions into PERA begin immediately.
The City and the employee contribute to PERA each pay period as determined by state law. Most
employees are also required to contribute a portion of each paycheck for Social Security and
Medicare (the City matches the employee's Social Security and Medicare withholding for many
employees). For information about PERA eligibility and contribution requirements, contact City
Accountant.
3.6 Deferred Compensation
Regular full-time employees are eligible to participate in the Deferred Compensation Plan. This
voluntary supplemental retirement plan allows employees to have part of their annual salary withheld
and invested for payment to the employee upon termination or retirement. The deferred amount and
the interest earned on the investments are not subject to current State and Federal income tax. When
the employee receives the money, it will be taxed as ordinary income based on regular W-4
withholdings. The City's Deferred Compensation Plan is regulated by the Internal Revenue Service
(IRS 457).
Employees may defer a percentage of their salary, up to an IRS regulatory maximum, in any one
calendar year. Prior to retirement, employees may defer an additional amount under a catch-up
provision pursuant to IRS regulation.
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3.7 Tuition Reimbursement
The City of Oak Park Heights finds that it is in the City's best interests of its employees to continue
their education and upgrade their skills and training. It shall be the policy of the City of Oak Park
Heights to reimburse 100% of an employee's costs for tuition if employed prior to January 1, 2020
and up to 50% if employed after January 1, 2020 for educational classes subject to the following
conditions:
1. Employees must have the approval of their supervisor to take any classes for which
reimbursement is requested;
2. Employees must present written proof through a report card or some similar grading
system that they have achieved a grade of "C" or higher equivalent;
3. Reimbursement will occur after the employee has presented proof of grade to their
supervisor;
4. Education must be job -related.
Section 3 General Standards of Conduct
4.1 Workplace Conduct
To function effectively, every organization must develop policies and procedures to protect its clients
and to ensure that co-workers' and OPH's rights are respected. OPH is no exception. Generally, conduct
that may be disruptive, unproductive, unethical, or illegal will not be tolerated.
Violation of this Standards of Conduct Policy may lead to corrective or disciplinary action, up to and
including discharge. Of course, no discipline policy can be expected to address each and every situation
requiring corrective action that may arise in the workplace. Therefore, OPH takes a comprehensive
approach regarding discipline and will attempt to consider all relevant factors before making decisions
regarding discipline. All employment is at -will which means that OPH can resort to any discipline
necessary to discuss the conduct at hand. The following is a non -exhaustive list of conduct that may
violate this Policy:
• Falsifying records.
• Engaging in fraud.
• Removing employer property from the premises without authorization.
• Stealing or attempting to steal employer or employee property.
• Being habitually tardy or absent.
• Engaging in poor timekeeping.
• Fighting on employer property at any time.
• Being under the influence of intoxicating substances on employer property at any time.
• Being insubordinate.
• Using or abusing employer time, property, materials, or equipment without authorization.
• Gambling on employer premises at any time.
• Sleeping on the job.
• Using offensive or profane language on City premises.
• Bringing dangerous or unauthorized weapons onto employer premises.
• Being absent from work without authorization during scheduled work hours.
• Defacing employer property.
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• Engaging in criminal activity.
• Violating or abusing employer policies.
• Neglecting job duties.
OPH may consider an employee's job performance, prior violation of work rules, and other relevant
circumstances in determining whether to counsel, warn, suspend, or discharge an employee. It is up to
OPH's management to decide whether corrective action, up to and including dismissal, is appropriate.
Nothing herein is intended to alter the at -will nature of employment.
Employees Covered under a Collective Bmainin2 Agreement
The employment terms set out in this policy work in conjunction with, and do not replace, amend, or
supplement any terms or conditions of employment stated in any collective bargaining agreement that
a union has with OPH. Employees should consult the terms of their collective bargaining agreement.
Wherever employment terms in this policy differ from the terms expressed in the applicable collective
bargaining agreement with OPH, employees should refer to the specific terms of the collective
bargaining agreement, which will control.
Conduct Not Prohibited by This Policy
Nothing in this policy is meant to, nor should it be interpreted to, in any way limit the rights you may
have under any applicable federal, state, or local laws, including rights you may have under the NLRA
to engage in protected concerted activities with other employees to improve or discuss terms and
conditions of employment, such as wages, working conditions, and benefits. To the extent the NLRA
applies, employees have the right to engage in or refrain from such activities.
Essential Functions of all Employment
In accepting employment, employees become representatives of the employer. Employees should
exhibit conduct that is ethical, professional, responsive, and of standards becoming of an employee. To
achieve this goal, employees must adhere to established policies, rules, and procedures and follow the
lawful instructions of City leadership.
Honesty is an important organizational attribute to OPH. Therefore, any intentional misrepresentation
of facts or falsification of records, including personnel records, medical records, leaves of absence
documentation or the like, will not be tolerated. Further, dishonesty in positions may preclude workers
from effectively performing their essential job duties. Any violations will result in corrective action, up
to and including termination.
The following are job requirements for every position at OPH. All employees are expected to
■ Perform assigned duties to the best of their ability at all times.
■ Render prompt and courteous service to the public at all times.
■ Read, understand, and comply with the rules and regulations as set forth in these policies as well
as those of their departments.
■ Conduct themselves professionally toward members of the public and staff and respond to
inquiries and information requests with patience and every possible courtesy.
■ Report any and all unsafe conditions to the Department Head.
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■ Maintain good attendance.
4.2 Punctuality and Attendance
OPH requires regular and punctual attendance from all employees. Employees who are going to be
absent for a full or partial work day or late for work must notify your supervisor as far in advance as
possible but at least before the start of the work day. Employees who must miss work because of
emergencies or other unexpected circumstances must notify your supervisor as soon as possible.
Absences and/or tardiness will be considered excused if the employee requested the time off in
accordance with OPH policies, received the required approval for the absence, and has sufficient
accrued, but unused, time to cover the absence or was approved for unpaid leave.
An employee will be considered to have taken an unexcused absence if the employee is absent from
work during scheduled work hours without permission, including full- or partial -day absences, late
arrivals, and early departures.
Unreported absences of three (3) consecutive workdays generally will be considered a voluntary
resignation of employment with OPH.
4.3 Use of Communications and Computer Systems
OPH's computers, networks, communications systems, information systems, and other related resources
used by employees are property of OPH and are intended for City matters purposes only. To protect
OPH and its employees, it is OPH's policy to restrict the use of all computers and related equipment,
communication systems, and information systems as described below. Each user is responsible for using
these resources and systems in a productive, ethical, and lawful manner.
OPH's Respectful Workplace Policies contained in Section 1.2 apply to the use of OPH's computers
and related equipment, communication systems, and information systems. No one may use any
computers, networks, communications systems, information systems and other related resources in a
manner that may be construed by others as harassing, discriminating, or offensive based on race,
national origin, sex, sexual orientation, age, disability, religious beliefs, or any other characteristic
protected by federal, state, or local law.
Nothing in this policy is meant to, nor should it be interpreted to, in any way limit the rights you may
have under any applicable federal, state, or local laws, including rights you may have under the NLRA
to engage in protected concerted activities with other employees to improve or discuss terms and
conditions of employment, such as wages, working conditions, and benefits. To the extent the NLRA
applies, employees have the right to engage in or refrain from such activities.
4.3.1 No Expectation of Privacy
All contents of the OPH's computers, networks, communications systems, information systems and
other related resources are the property of OPH. Therefore, employees should have no expectation of
privacy whatsoever in any messages, files, data, documents, emails, telephone conversations, settings,
social media posts, conversations, or any other kind or form of information or communication
transmitted to, received, or printed from, or stored or recorded on OPH's computers, networks,
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communications systems, information systems and other related resources. You are expressly advised
that to prevent misuse.
OPH reserves the right to monitor, intercept, and review, without further notice, every employee's
activity using OPH's computers, networks, communications systems, information systems and other
related resources. IT resources and communications systems, including but not limited to email
(both outgoing and incoming), telephone conversations and voice mail recordings, instant
messages, and internet and social media postings and activities, and you consent to such
monitoring by your acknowledgement of this policy and your use of such resources and systems.
This might include, without limitation, the monitoring, intercepting, accessing, recording, disclosing,
inspecting, reviewing, retrieving, and printing of transactions, messages, communications, postings,
logins, recordings, and other uses of the systems as well as keystroke capturing and other network
monitoring technologies.
OPH may also store copies of such data and communications for a period of time after they are created,
and may delete such copies from time to time without notice.
Do not use OPH's computers, networks, communications systems, information systems and other
related resources for any matter that you desire to be kept private or confidential from OPH.
4.3.2 Confidentiality and Proprietary Rights
The City of Oak Park Heights is subject to the Minnesota Government Data Practices Act which takes
private/nonpublic and confidential/protected nonpublic data protection seriously. Treat them
accordingly and do not jeopardize them through your professional or personal use of electronic
communications systems, including email, text messaging, internet access, social media, and telephone
conversations and voice mail. Ask your supervisor if you are unsure whether to disclose confidential
information to particular individuals or how to safeguard data.
Do not use OPH's name, brand names, logos, taglines, slogans, or other trademarks without written
permission from the City of Oak Park Heights Department Director.
This policy also prohibits use of OPH's computers and related equipment, communication systems, and
information systems and communications systems in any manner that would infringe on or violate the
proprietary rights of third parties. Electronic communications systems provide easy access to vast
amounts of information, including material that is protected by copyright, trademark, patent, and/or
trade secret law. You should not knowingly use or distribute any such material downloaded from the
internet or received by email without the prior written permission of the OPH's your supervisor.
4.3.3. Use of Computer Equipment
Only City staff may use City computer equipment. Use of City equipment by family members, friends,
or others is strictly prohibited.
Employees are responsible for the proper use and care of City -owned computer equipment. City
computer equipment must be secured while off City premises; do not leave computer equipment in an
unlocked vehicle or unattended at any offsite facility. Computer equipment should not be exposed to
extreme temperature or humidity.
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4.3.4. Security, Access, and Passwords
All usemames, pass codes, passwords, and information used or stored on OPH's computers, networks,
and systems are the property of OPH. No employee may use a username, pass code, password, or
method of encryption that has not been issued to that employee or authorized in advance by OPH.
No employee shall share or use the usemames, pass codes, or passwords with any other person. An
employee shall immediately inform your supervisor if they know or suspect that any username, pass
code, or password has been improperly shared or used, or that computer, network, communications
system, information system or other related resource security has been violated in any way.
Passwords Employees are responsible for maintaining computer/network passwords and must
adhere to these guidelines:
• Passwords must be at least eight characters long and include at least three of the following:
lowercase character; uppercase character; and a number or non -alpha -numeric character
(e.g., *, &, %, etc.). (Example: Joyful ly!)
Passwords should not be stored in any location on or near the computer or stored
electronically such as in a cell phone or other mobile device.
• Employees must change passwords every six months or when prompted.
No employee should access, attempt to access, alter, or delete any network document except in
furtherance of authorized OPH matters.
Non -City -owned computer equipment used in OPH's building should only use the wireless connection
to the Internet. Under no circumstances should any non -City -owned equipment be connected to OPH's
computer network via a network cable. Exceptions may be granted by Department Director or IT
Consultant.
4.3.5. Downloading and Installing S oftware/Web site Agreements.
Email and downloading from the internet are prime sources of viruses and other malicious software.
Therefore, no one may download or install any software or shareware to their hard drive that is not
expressly authorized or approved by the Department Director or IT Consultant. In addition, employees
may not accept the terms or conditions of website agreements without first obtaining approval from the
Department Director or IT Consultant. Exceptions to this include updates to software approved by the
Department Director or IT Consultant such as Microsoft updates, or other productivity software
updates. The City may, without notice, remove any unauthorized programs or software, equipment,
downloads, or other resources.
4.3.6. Email and Text Messaging
The City provides employees with an email address for work -related use. Some personal use of OPH
email system by employees is allowed, provided it does not interfere with an employee's work and is
consistent with all City policies.
Employees must adhere to these email guidelines:
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Never transmit an email that you would not want others to read or publish (e.g., avoid gossip,
personal information, swearing, etc.). When communicating via email or instant messages,
there are no facial expressions and voice tones to assist in determining the meaning or intent
behind a certain comment. This leaves too much room for misinterpretation. Email
communications should resemble typical professional and respectful correspondence.
Use caution or avoid corresponding by email on confidential communications (e.g., letters
of reprimand, correspondence with attorneys, medical information).
Do not open email attachments or links from an unknown sender. Delete junk or "spam"
email without opening it if possible. Do not respond to unknown senders. Spam, aside from
being a nuisance, might be a means to spread computer viruses and other malicious software.
4.3.7. Internet
The following considerations apply to all uses of the Internet:
Information found on the Internet and used for City work must be verified to be accurate and
factually correct.
• Reasonable personal use of the Internet is permitted. Employees may not at any time access
inappropriate sites. Some examples of inappropriate sites include but are not limited to adult
entertainment, sexually explicit material, or material advocating intolerance of other people, races,
or religions. If you are unsure whether a site may include inappropriate information, you should
not visit it.
If an employee's use of the Internet is compromising the integrity of OPH's network, Department
Director or IT Consultant may temporarily restrict that employee's access to the Internet. If the IT
Consultant does restrict access, they will notify the employee, the Assistant City Administrator,
and the employee's supervisor as soon as possible, and work with the employee and manager to
rectify the situation.
Employees may use low -risk data with Artificial Intelligence (AI) technology to perform their
work. If you are unsure whether the data you enter into Al applications is classified as low -risk
data, consult your supervisor prior to using Al technologies.
Remember that OPH expressly reserves the right, without further notice, to monitor and review
records of all websites visited by you, any postings or downloads you make while visiting websites,
and during your other internet activities using OPH's computers, networks, communications systems,
information systems and other related resources, and you consent to such monitoring and review by
your acknowledgment of this policy and your use of internet access provided by OPH.
4.3.8. Social Media
OPH respects the right of any employee to maintain a blog or web page or to participate in social
networking on or through websites or services such as X (formerly Twitter), Facebook, Threads,
Linkedln, YouTube, Instagram, TikTok, SnapChat, or similar sites/services (collectively "social
media"). However, to protect City interests and ensure employees focus on their job duties, employees
must adhere to the following rules:
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Employees may not use social media with City equipment or property. Employees may not
use social media during work time, employees may use social media during break time.
All rules regarding private/nonpublic and confidential/protected nonpublic data apply in
full to social media. Any information that cannot be disclosed through a conversation, a
note, or an e-mail also cannot be disclosed through social media.
When using social media, if the employee mentions the City of Oak Park Heights and also
expresses either a political opinion or an opinion regarding the City of Oak Park Heights'
actions that could pose an actual or potential conflict of interest with the City of Oak Park
Heights, and it is either implicit or explicit that the poster is affiliated with the City of Oak
Park Heights, the poster must include a disclaimer. The poster should specifically state that
the opinion expressed is a personal opinion and not the City of Oak Park Heights' position.
This is necessary to preserve the City of Oak Park Heights' goodwill.
Any personal communications made on a matter of public concern must not disrupt the
efficiency of OPH's operation. OPH can act on the personal communication that violates
this policy without waiting for the actual disruption. Examples of such conduct might
include offensive posts meant to intentionally harm someone's reputation or posts that
could contribute to a hostile work environment on the basis of sex, race (including traits
associated with race, including, but not limited to, hair texture and hairstyles such as
braids, locs and twists) national origin, age, color, creed, religion, disability, marital status,
familial status, veteran status, sexual orientation, gender identity, or gender expression,
status with regard to public assistance or membership or activity in a local human rights
commission.
Personal social media account name or email names should not be tied to the City of Oak
Park Heights (e.g., the City of Oak Park Heights Police).
4.3.9. Use of AI in the Workplace
This policy outlines the acceptable use of Artificial Intelligence (Al) technologies within OPH,
specifically prohibiting the inclusion of client or confidential information in any Al interactions or
applications.
Employees must not input, process, or otherwise use any Private Information or Confidential
Information in any Al system or application.
For purposes of this policy, the following definitions apply:
1. Artificial Intelligence (Al): Al refers to computer systems or software that perform tasks
typically requiring human intelligence, including but not limited to, machine learning, natural
language processing, predictive analytics, and automated decision -making.
2. Private/Nonpublic and Confidential/Protected Nonpublic Information: As defined and
classified by the Minnesota Government Data Practices Act.
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4.3.10. Telephone and Voicemail
OPH provides telephone access and voicemail systems to certain employees for use in connection with
performing their job duties. Whenever you use the telephone, you "become the City" by what you say
and how you say it.
1. When you receive a call:
a. Answer promptly with a smile;
b. Identify yourself by giving your name;
C. Explain when you leave the line, then return promptly;
d. Transfer calls only when necessary;
e. Give tactful explanations for a co -worker's absence from the office;
f. Take accurate messages.
2. When you place a call:
a. Be sure of the number;
b. Plan your call in advance;
C. Identify yourself.
To ensure that our constituents are provided with courteous and respectful service, and to prevent
misuse of OPH's resources, telephone conversations and voicemail messages of every employee may,
without notice, be monitored, recorded, and reviewed. OPH may also store recorded telephone
conversations and voicemail messages for a period of time after they take place, and may delete such
recordings from time to time.
We recognize that employees might occasionally need to use City telephones and voicemail for personal
activities. We authorize occasional personal use of OPH's telephones and voicemail systems so long as
it does not comprise unprofessional or inappropriate conversations or messages, and does not interfere
with your employment responsibilities or productivity. City telephones may not be used for commercial,
religious, or political solicitation.
Remember that OPH expressly reserves the right, without further notice, to monitor, review, and record
telephone conversations and voicemail messages you have or leave whether professional or personal in
nature, and you consent to such monitoring, review, and recording by your acknowledgement of this
policy and by using any of OPH's telephones or voicemail systems.
4.3. ] LInappropriate Use of City IT Resources and Communications Systems
You are never permitted to use OPH's computers, networks, communications systems, information
systems and other related resources, including email, text messaging, internet access, social media,
telephones, and voicemail, for any inappropriate or unlawful purpose. This includes but is not limited
to:
• Misrepresenting yourself as another individual or City.
• Sending, posting, recording, or encouraging receipt of messages or information that may be
offensive because of their sexual, racist, or religious content.
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• Revealing OPH's proprietary or confidential information, or intellectual property without
authorization.
• Conducting or soliciting illegal activities.
• Representing your personal opinion as that of OPH.
• Interfering with the performance of your job or the jobs of other OPH employees.
Any other purpose that violates OPH's policies or practices.
4.4. Recording Devices
The use of tape recorders, Dictaphones or other types of voice recording devices anywhere on City
property, including to record conversations or activities of other employees or management, or while
performing work for OPH, is also strictly prohibited, unless the device was provided to you by OPH
and is used solely for legitimate City purposes.
4.5. Inspections
OPH reserves the right to require employees, while on City property, to agree to the inspection of their
persons, personal possessions and property, personal vehicles parked on City property, and work areas,
if there is a reasonable basis for suspicion of employee wrongdoing. This includes lockers, vehicles,
desks, cabinets, workstations, packages, handbags, briefcases and other personal possessions or places
of concealment, as well as personal mail sent to OPH or to a member of the public. Employees are
expected to cooperate in the conduct of any search or inspection.
4.6. Smoking
Smoking, including the use of e-cigarettes, is prohibited in all City vehicles and outside of designated
smoking areas.
4.7. Personal Visits and Telephone Calls
Disruptions during work time can lead to errors and delays.
For safety and security reasons, employees are prohibited from having personal guests unaccompanied
in our facilities other than the reception areas.
4.8. Solicitation and Distributions
Solicitation of any kind by non -employees on City premises is prohibited at all times. Distribution of
literature by non -employees on City premises is also prohibited at all times.
4.9. Bulletin Boards
Important notices and items of general interest are continually posted on our bulletin board. Employees
should make it a practice to review it frequently. This will assist employees in keeping up with what is
current at OPH.
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4.10. Conflict of Interest and Business Ethics
Purpose: The purpose of this policy is to establish conflicts of interest guidelines that meet or exceed
the requirements under federal law, state law and local policy when procuring goods (apparatus,
supplies, materials, and equipment), services, and construction or repair projects paid for in part or
whole by federal funds, including but not limited to as required under 2 C.F.R. § 200.318(c)(1).
Policy: This policy applies when procuring goods (apparatus, supplies, materials, and equipment),
services, and construction or repair projects funded in part or whole with federal financial assistance
(direct or reimbursed). This policy also applies to any subrecipient of the funds.
The employee responsible for managing the federal financial assistance award shall review the notice
of award to identify any additional conflicts of interest prohibitions or requirements associated with
the award, and shall notify all employees, officers, and agents, including subrecipients, of the
requirements of this policy and any additional prohibitions or requirements.
Conflicts of Interest: No employee, officer, or agent of the City of Oak Park Heights, or any
Contractor or Subcontractor of the City of Oak Park Heights and their employees, officers, and agents
may participate directly or indirectly in the selection, award, or administration of a contract supported
by a federal award if they have a real or apparent conflict of interest. A real or apparent conflict
exists when any of the following parties has a financial or other interest in or receives a tangible
personal benefit from a firm considered for award of a contract:
• the employee, officer, or agent involved in the selection, award, or administration of a
contract;
• any member of their immediate family;
• their partner; or
• an organization which employs or is about to employ any of these parties.
Gratuities: In addition to the prohibition against accepting gifts and favors from vendors and
contractors under Minn. Stat. § 10A.071, officers, employees, and agents of the City of Oak Park
Heights and any Contractor or Subcontractor of the City of Oak Park Heights and their employees,
officers, and agents are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of
monetary value from contractors, suppliers, or parties to subcontracts. Gifts compliant with Minn.
Stat. 10A.071 may be accepted, including, but not limited to, the following:
• A plaque or similar memento with a value of $5 or less;
• informational material of unexceptional value;
• food or beverage given at a reception, meal, or meeting if the recipient is making a
speech or answering questions as part of a program located away from the recipient's
place of work; and
• food or beverages given to national or multi -state conference attendees.
Any officer, employee or agent who knowingly accepts an item of nominal value allowed
under this policy shall report the item to their immediate supervisor.
Disclosure and Resolution of Conflicts of Interest: Any officer, employee, or agent with an actual,
apparent, or potential conflict of interest as defined in this policy shall report the conflict to their
immediate supervisor. If the supervisor is unable to mitigate or resolve the issue, it shall be reported
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to the City Administrator, and if still not resolved thereafter, then to the City Council for final
consideration and resolution. Any actual or potential conflict of interest involving the City
Administrator or a City Council member shall be reported in the first instance to the entire City
Council for consideration and resolution.
Any such conflict shall be disclosed in writing to the federal award agency or pass -through entity in
accordance with applicable Federal awarding agency policy.
Violation: Employees violating this policy will be subject to discipline up to and including
termination. Contractors and Subcontractors and their employees, officers, and agents violating this
policy will result in termination of the contract and may not be eligible for future contract awards.
4.11. Outside Employment
Employees are asked to inform their supervisor of any outside employment. No employee of the City
of Oak Park Heights shall engage in off -duty employment activities with another employer or engage
in self-employment activities where that employment or income -generating activity will:
1. Require any degree of commitment or service that will interfere with the employee's duty
to render primary, quality service to the City of Oak Park Heights and its residents;
2. Generate any communication to the employee during the business day when that employee
is to be engaged in services to the City of Oak Park Heights;
3. Create an actual or perceived conflict of interest with the official duties of the employee;
4. Reflect discredit or derogation upon the employee of the City. The work must not be
unlawful in any respect.
5. Police department personnel wishing to engage in off -duty employment/ income -
producing activities which involve the providing of security services or where the
employee will be wearing the uniform of the Oak Park Heights Police Department must
first obtain written approval from the Chief of Police in accordance with established
department policies, rules and regulations.
4.12. Use of Facilities, Equipment and Property, including Intellectual
Property
Equipment essential to accomplishing job duties is often expensive and may be difficult to replace.
When using City property, employees are expected to exercise care, perform required maintenance, and
follow all operating instructions, safety standards and guidelines.
Employees should notify your supervisor if any equipment, machines, or tools appear to be damaged,
defective, or in need of repair. Prompt reporting of loss, damages, defects, and the need for repairs could
prevent deterioration of equipment and possible injury to employees or others. Your supervisor can
answer any questions about an employee's responsibility for maintenance and care of equipment used
on the job.
Employees also are prohibited from any unauthorized use of OPH's intellectual property, such as audio
and video tapes, print materials and software.
Improper, careless, negligent, destructive, or unsafe use or operation of equipment can result in
discipline, up to and including discharge.
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Further, OPH is not responsible for any damage to employees' personal belongings unless the
Department Director provided advance approval for the employee to bring the personal property to
work.
4.13. Health and Safety/Workers' Compensation
OPH is committed to maintaining a safe workplace. To further its goal, OPH has issued safety rules
and guidelines. You are required to comply with all OPH's rules and guidelines as well as any
applicable federal, state, and local laws regarding workplace safety. In addition, you must keep your
work area organized and free of any potential hazards. Failure to follow OPH's safety rules and
guidelines/protocols may result in discipline, up to and including termination of employment.
If you witness any unsafe conditions or potential hazards (such as wet floors/broken
equipment/defective appliances), you must report them to your supervisor immediately or, if they are
not available, any other member of leadership.
Employees are required to:
Cooperate with and assist in the investigation of accidents to identify the causes and to
prevent recurrence;
2. Observe and promote safe work habits;
3. Report injuries to supervisors immediately.
Procedure for Reporting Workplace Iniuries and Illnesses
On-the-job injuries are covered by OPH's workers' compensation policy.
You must promptly and accurately report all workplace injuries, accidents, or illnesses to a
supervisor, regardless of the severity.
Failure to follow City procedures may affect the ability of the employee to receive workers'
compensation benefits.
If granted, Worker's Compensation is solely a monetary benefit and not a leave of absence
entitlement. Employees who need to miss work due to a workplace injury must also request a formal
leave of absence. See the Leave of Absence sections of this handbook for more information.
No Retaliation
OPH prohibits any form of discipline, reprisal, intimidation, or retaliation for reporting a health and
safety concern or a violation of this policy or for cooperating in related investigations.
Employees have the right to report work -related injuries and illnesses, and OPH will not discharge,
discriminate, or otherwise retaliate against employees for reporting work -related injuries or illnesses.
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4.14. Nepotism: Hiring Relatives/Employee Relationships
Family members seeking employment at OPH must use standard application channels. To avoid
creating any barrier to equal employment opportunity, hiring of family members based exclusively on
referrals will not be permitted.
If the qualifications of any non -family member seeking employment are demonstrably superior to those
of a family member of a current employee, the family member may not be considered for employment.
OPH is committed to an equal employment opportunity workforce. All hiring decisions of family
members are reviewed and made by the City Council ensuring compliance with OPH's policies and
applicable non-discrimination laws.
Working Relationship of Family Members
Family members may not directly supervise another family member, or occupy a position that has
influence over a family member's:
• Employment.
• Transfer or promotion.
• Salary considerations.
• Other management or personnel considerations.
Such influence may include, but is not limited to, participation as a member of a screening committee
or other committee that recommends personnel actions or employment decisions of the related person.
Family members may not be employed within the same department without certification by City
Council that the employment will not result in supervision of one family member over another.
Change in Family Status
If two employees marry, cohabit, or become otherwise related, so as to qualify as family members under
this policy's definition, they must report the change in status to the Assistant City Administrator, which
will work with the employees to devise a working solution to avoid nepotism problems under
this policy. Only one of the employees may be permitted to remain within the particular department
unless accommodations can be made to eliminate the potential conflict. The choice of which employee
will remain in the previous role and which will modify the role as necessary to be in compliance with
this policy, is to be made by the two employees in question, subject to the authority of the City Council.
4.15. Employee Dress and Personal Appearance
OPH strives to maintain a professional atmosphere that is conducive to our professional environment,
contributes to the morale of all employees, and projects an image of efficiency and professionalism to
the public. Employees are relied on to exercise common sense and good judgment regarding their
clothing and appearance in the workplace and to dress in a manner that is consistent with the goals of
this policy. Generally, employees should maintain a clean and neat appearance in the workplace and
dress according to the requirements of their positions, which may include concerns about
safety/interactions with members of the public and accurately representing our organization's image to
the public.
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The following are examples of items that are not permitted in the workplace:
• Athletic Wear: Items such as sweatpants, joggers, leggings (unless paired with a tunic -length
top or dress), gym shorts, or workout attire.
• Clothing with Rips, Tears, or Holes: Distressed clothing or garments with visible wear.
• See -Through or Sheer Clothing: Any clothing that is transparent or revealing.
• Excessive Exposure: Clothing that exposes the stomach, breasts, or buttocks, including crop
tops, low-cut tops, and extremely short skirts or shorts.
• Offensive or Inappropriate Graphics: Clothing with slogans, images, or designs that violate
our Respectful Workplace Policy.
Any employee who is not dressed in proper professional attire consistent with this policy will be
considered unsuitable to work and will/may be asked to go home and return to work appropriately
dressed. In such a case, the employee will not be compensated for time spent away from work.
Employees who disregard this policy and its standards will be subject to discipline.
The City has instituted a casual Friday dress policy. This policy allows employees to wear more casual
attire on Fridays than during the rest of the week, when appropriate. It may not be appropriate to wear
casual attire on Fridays when an employee will have professional meetings to attend. This clothing
should reflect a positive image of the City of Oak Park Heights. Casual includes khaki pants, jeans,
appropriate casual tops, and casual shoes.
Any questions about the requirements of this policy or what constitutes appropriate workplace attire
should be directed to the Assistant City Administrator.
4.16. Public Inquiries/Statements to Media
All media inquiries regarding the position of OPH as to any issues must be referred to the City
Administrator. Only the City Administrator or designee is authorized to make or approve public
statements on behalf of OPH. No employees, unless specifically designated by the City Administrator,
are authorized to make those statements on behalf of City. Any employee wishing to write and/or
publish an article, paper, or other publication on behalf of OPH must first obtain approval from the City
Administrator.
4.17. Operation of Vehicles
All employees authorized to drive City -owned or leased vehicles or personal vehicles in conducting
City business must possess a current, valid driver's license and an acceptable driving record. Any change
in license status or driving record must be reported to management immediately.
An employee must have a valid driver's license in their possession while operating a vehicle off or on
City property. It is the responsibility of every employee to drive safely and obey all traffic, vehicle
safety, and parking laws or regulations. Drivers must demonstrate safe driving habits at all times.
City -owned or leased vehicles may be used only as authorized by your supervisor.
Portable Communication Device Use While Driving
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Employees who drive on City business must abide by all state or local laws prohibiting or limiting
portable communication device (PCD) use, including cell phones or personal digital assistants, while
driving. Further, even if use is permitted, employees may choose to refrain from using any PCD while
driving. "Use" includes, but is not limited to, talking or listening to another person or sending an
electronic or text message via the PCD.
Regardless of the circumstances, including slow or stopped traffic, if any use is permitted while driving,
employees should proceed to a safe location off the road and safely stop the vehicle before placing or
accepting a call. If acceptance of a call is absolutely necessary while the employee is driving, and
permitted by law, the employee must use a hands -free option and advise the caller that they are unable
to speak at that time and will return the call shortly.
Under no circumstances should employees feel that they need to place themselves at risk to fulfill City
needs.
Since this policy does not require any employee to use a PCD while driving, employees who are charged
with traffic violations resulting from the use of their PCDs while driving will be solely responsible for
all liabilities that result from such actions.
Texting and e-mailing while driving are prohibited in all circumstances.
4.18. Business Expense Reimbursement
Employees will be reimbursed for reasonable approved expenses incurred in the course of business.
These expenses must be approved by their supervisor. All expenses incurred should be submitted to the
Finance Director along with the receipts in a timely manner.
Eligible Expenses:
1. Travel Expenses:
a. Transportation: employees may be reimbursed for mileage, airfare, train tickets,
taxis, car rentals, or other transportation costs while traveling for City business.
Employees are encouraged to select the method of transportation that is the most
efficient and cost effective.
i. Mileage: Reimbursement for personal vehicle usage will be at the IRS
standard mileage rate or as otherwise determined by the City.
b. Lodging: Reasonable lodging costs while traveling for City business will be
reimbursed. Employees should seek the most economical options.
c. Meals: Reasonable costs for meals while traveling for City business will be
reimbursed. Meals will only be reimbursed when travel requires the employee to be
away from their primary work location for a substantial portion of the day (i.e.
training or conferences). Reimbursement for alcoholic beverages is not permitted.
Meal receipts must be itemized. Any tip amount above 20% of the cost of the meal
will not be reimbursed. Reimbursement for meals will be based on actual expenses,
not exceeding the following per -meal limits (including taxes and tips):
i. Breakfast: up to $15 per day
ii. Lunch: up to $20 per day
iii. Dinner: up to $30 per day
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iv. If traveling for multiple days, a per diem rate may be authorized based on the
City Administrator's discretion, considering the destination. The City
Administrator has the authority to adjust the daily meal allowance amounts
based on factors such as costs of living or special circumstances.
d. Parking and tolls: Reasonable parking fees and tolls incurred during business travel
will be reimbursed.
2. Supplies and Materials: Expenses for materials, office supplies, or other items purchased for
City business purposes will be reimbursed, provided prior approval is obtained from the
appropriate supervisor.
3. Conferences and Training:
a. Expenses related to conferences, seminars, training programs, or other professional
development activities will be reimbursed, provided that prior approval is obtained.
This includes registration fees, travel, lodging, and meal expenses.
4. Other Miscellaneous Expenses: Other expenses incurred for City -related business may be
reimbursed, with prior approval, such as telephone charges, postage, or printing costs, where
applicable.
Employees are expected to exercise restraint and good judgment when incurring expenses. Employees
should contact the Finance Director in advance if they have any questions about whether an expense
will be reimbursed. The City Administrator is authorized to use discretion in approving travel expenses
that fall outside of standard reimbursement limits.
This policy is intended to qualify as an "accountable plan" under the Internal Revenue Code (Code) and
relevant Treasury Regulations.
4.19. References
The only employees who are able to give references for current/prior employees on behalf of OPH are
Department Directors. All other employees are prohibited from providing any employment information
regarding former or current employees or interns/volunteers of OPH to any third party, including
outside agencies, organizations, and any person not employed by OPH. If you receive a formal or
informal request for employment information about a former or current employee or intern/volunteer,
you must immediately inform the Department Director. The Department Director will verify a former
or current employee's dates of employment, last position held, and final rate of pay.
Only the Department Director may provide references.
4.20. If You Must Leave Us
Should an employee decide to leave OPH, we ask that they provide OPH with at least two (2) weeks
advance notice of departure in writing to the City Administrator. Thoughtfulness will be appreciated.
Failure to comply with this procedure may be considered cause for denying such employee future
employment by the municipality and denying terminal leave benefits.
All City property including, but not limited to, keys, phones, access cards/fobs, laptop computers,
uniforms, etc., must be returned at separation. Employees also must return all of OPH's Confidential
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Information upon separation. To the extent permitted by law, employees will be required to repay OPH
(through payroll deduction, if lawful) for any lost or damaged City property. As noted previously, all
employees are employed at -will and nothing in this handbook changes that status.
4.21. Exit Interviews
Employees who resign are requested to participate in an exit interview with the Assistant City
Administrator, if possible.
4.22. A Few Closing Words
This handbook is intended to give employees a broad summary of things they should know about OPH.
The information in this handbook is general in nature and, should questions arise, any member of
management should be consulted for complete details. While we intend to continue the policies, rules
and benefits described in this handbook, OPH, in its sole discretion, may always amend, add to, delete
from or modify the provisions of this handbook and/or change its interpretation of any provision set
forth in this handbook. Employees should not hesitate to speak to management if they have any
questions about OPH or its personnel policies and practices.
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General Handbook Acknowledgment
This Employee Handbook is an important document intended to help you become acquainted with the
City of Oak Park Heights. This document is intended to provide guidelines and general descriptions
only; it is not the final word in all cases. Individual circumstances may call for individual attention.
Because the City of Oak Park Heights's operations may change, the contents of this handbook may be
changed at any time, with or without notice, in an individual case or generally, at the sole discretion of
management.
Please read the following statements and sign below to indicate your receipt and acknowledgment of
this Employee Handbook.
I have received and read a copy of the City of Oak Park Heights's Employee Handbook. I
understand that the policies, rules and benefits described in it are subject to change at the
sole discretion of the City of Oak Park Heights at any time.
I understand that my employment is terminable at will, either by myself or the City of Oak
Park Heights, with or without cause or notice, regardless of the length of my employment
or the granting of benefits of any kind.
I understand the employment terms set out in this policy work in conjunction with, and
do not replace, amend, or supplement, any terms or conditions of employment stated in
any collective bargaining agreement that a union has with OPH. Wherever employment
terms in this policy differ from the terms expressed in the applicable collective bargaining
agreement with OPH, I should refer to the specific terms of the collective bargaining
agreement, which will control.
I understand that no representative of the City of Oak Park Heights other than the City
Council may alter "at will" status and any such modification must be in a signed writing.
I understand that my signature below indicates that I have read and understand the above
statements and that I have received a copy of the City of Oak Park Heights' Employee
Handbook.
I understand that nothing contained within this handbook is intended to interfere with rights that may
be guaranteed to me by federal, state, and/or local law.
Employee's Printed Name:
Employee's Signature:
Position:
Date:
The signed original copy of this acknowledgment should be given to the Assistant City Administrator
- it will be filed in your personnel file.
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Receipt & Acknowledgement of the City of
Oak Park Heights'
Respectful Workplace Policies
It is the City of Oak Park Heights' policy to prohibit discrimination, harassment, and workplace
violence of any employee by any supervisor, member of the public or vendor, on the basis of actual or
perceived sex or gender, race, creed, color, religion, alienage or national origin, ancestry, citizenship
status, age, disability or handicap, sex, marital status, veteran status, sexual orientation, genetic
information, arrest record, or any other characteristic protected by applicable federal, state, or local
laws.
The purpose of this policy is not to regulate personal morality within the City of Oak Park Heights. It
is to ensure that at the City of Oak Park Heights, all employees are free from discrimination, harassment,
or violence.
If the employee feels that they have been subjected to conduct which violates these policies, the
employee should immediately report the matter to the City Administrator. If unable for any reason to
contact this person, or if the employee has not received a satisfactory response within five (5) business
days after reporting any incident of perceived harassment, the employee should contact the Mayor. If
the person toward whom the complaint is directed is one of the individuals indicated above, the
employee should contact the City Attorney. Every report of discrimination, harassment, and/or violence
will be fully investigated, and corrective action will be taken where appropriate. All complaints will be
kept confidential to the extent possible, but confidentiality cannot be guaranteed. In addition, the City
of Oak Park Heights will not allow any form of retaliation against individuals who report unwelcome
conduct to management or who cooperate in the investigations of such reports in accordance with this
policy. If an employee feels that they have been subjected to any such retaliation, the employee should
report it in the same manner in which a claim of perceived discrimination, harassment, and/or violence
would be reported under this policy. Violation of this policy including any improper retaliatory conduct
will result in disciplinary action, up to and including discharge. All employees must cooperate with all
investigations.
I have read and I understand the City of Oak Park Heights' Respectful Workplace Policies.
Employee's Printed Name:
Employee's Signature:
Position:
Date:
The signed original copy of this receipt should be given to management - it will be filed in your
personnel file.
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4kC11N,01
Oak Parr
Heights
City of Oak Park
Heights
DRUG, ALCOHOL, AND CANNABIS
TESTING POLICY
(Non -DOT)
Effective April 2025
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Table of Contents
A.
PURPOSE AND OBJECTIVES....................................................................................................... 3
B.
APPLICABILITY..............................................................................................................................
3
C.
PROHIBITED CONDUCT...............................................................................................................
3
1.
General Prohibition.........................................................................................................................
3
2.
Prescription Medications and Required Disclosures...................................................................... 4
3.
Excluded Positions........................................................................................................................... 4
D.
TESTING CIRCUMSTANCES, PROCEDURES, AND LOGISTICS .........................................
5
1.
Pre -employment Testing..................................................................................................................
5
2.
Reasonable Suspicion......................................................................................................................
5
3.
Treatment Program Testing.............................................................................................................
6
E.
TESTING PROCEDURES, REFUSALS, & COSTS.....................................................................
7
1.
Collection & Timing........................................................................................................................ 7
2.
What Acts Constitute Refusal?.........................................................................................................7
3.
Accommodations..............................................................................................................................
9
4.
Consequences of a Refusal...............................................................................................................
9
5.
Cost of Required Testing................................................................................................................10
6.
Suspension/Actions Pending Results..............................................................................................10
F.
REVIEW AND NOTIFICATION OF TEST RESULTS.............................................................11
1.
Notification of Negative Test Results.............................................................................................11
2.
Notification of Positive Test Results..............................................................................................11
G.
POST -TESTING RIGHTS..............................................................................................................11
1.
Right to Supply Explanation..........................................................................................................11
2.
Right to Confirmatory Retest.........................................................................................................11
3.
Access to Reports...........................................................................................................................12
H.
CONSEQUENCES FOR EMPLOYEES ENGAGING IN PROHIBITED CONDUCT ...........12
1.
No Adverse Action without Confirmatory Test..............................................................................12
2.
Confirmatory Positive Test Result or Positive Oral Fluid Result..................................................12
3.
Other Misconduct..........................................................................................................................13
I.
SUBSTANCE ABUSE TREATMENT PROGRAM.....................................................................13
J.
APPEALS..........................................................................................................................................13
K.
NON-DISCRIMINATION, VOLUNTARY DISCLOSURE, & EMPLOYEE ASSISTANCE.13
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1. Non-Discrimination.......................................................................................................................13
2. Voluntary Disclosure.....................................................................................................................14
M. AUTHORITY, POLICY CHANGES, CONTACT...................................................................14
Acknowledgment.......................................................................................................................................16
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A. PURPOSE AND OBJECTIVES
The City of Oak Park Heights (the "City") is committed to providing a safe, healthy, and
productive work environment. Consistent with this commitment, this policy establishes the City's
intent to maintain a drug-, alcohol-, and cannabis -free workplace. The City does not intend to
intrude upon the private lives of its employees. However, being under the influence of drugs,
alcohol, and/or cannabis while on the job poses serious health and safety risks to employees and
members of the public, which is not tolerated. This Drug, Alcohol, and Cannabis Testing Policy
has been established for the purpose of providing a safe workplace for all and is in accordance
with the City's Drug, Alcohol, and Cannabis Use Policy. All employees must undergo testing as
described by this policy in accordance with Minnesota statute §§181.950 et sec. and/or any
applicable federal law.
To ensure the policy is clearly communicated to all employees, and to comply with state law,
employees are required to review this policy and sign the Acknowledgment. A job applicant who
is requested to complete an applicable test, will also acknowledge as part of acknowledging this
policy, that they understand that passing the drug, alcohol, and/or cannabis test is a requirement of
the job.
This policy is not intended to be, nor does it constitute an employment contract, either express or
implied. Additionally, it does not extend an offer of contract, either express or implied. This policy
is not meant to conflict with the City's existing obligations under any personnel policies and/or
collective bargaining agreement(s).
B. APPLICABILITY
This policy covers all applicants (including rehires) and all current employees, including but not
limited to: full-time, part-time, seasonal, and temporary. This includes employees who are based
in Minnesota and all other states or areas where the City conducts business or where an employee
is conducting business on behalf of the City. Employees who are contracted through an agency to
perform services on behalf of the City, in any manner, are subject to the rules stated in this policy,
to the extent permitted by law. If the City determines a contracted worker has violated this policy,
by way of a confirmed test result, the services of the worker will be terminated, and the agency
will be informed of the reasons for the termination.
C. PROHIBITED CONDUCT
1. General Prohibition
Pursuant to the City's Drug, Alcohol, and Cannabis Use Policy, drug (as defined in
statute), alcohol, and cannabis (defined herein to include cannabis flower, cannabis
product, lower -potency hemp edible, and/or hemp -derived consumer product) use,
possession, impairment, sale, or transfer while an employee is working, representing
the City, or while an employee is on the City's premises or operating equipment on the
City's behalf is prohibited.
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2. Prescription Medications and Required Disclosures
No employee may use substances administered by or under the instructions of a
physician who has advised them that the substances they are using will negatively affect
and/or impair their work duties. Impaired means under the influence of a substance
such that the employee's motor senses (i.e., sight, hearing balance, and reaction, reflex)
or judgment either are or may be presumed affected. Any violation of this policy may
result in discipline up to and including immediate termination, subject to applicable
personnel policies and/or collective bargaining agreement(s). Discipline will be
administered to all employees in a non-discriminatory manner.
Failure to advise your doctor of your City position when being prescribed medications
that affect your ability to safely perform your duties will be a violation of this policy
that may result in disciplinary action up to and including termination. If you are
uncertain if you should alert your physician or not, please do not hesitate to contact the
City Administrator. When in doubt it is better to advise your physician of your work
environment to protect yourself and the City.
Failure to inform your supervisor or the City Administrator that you are taking
prescription and/or non-prescription medications that affect your ability to perform
such duties safely will be a violation of this policy which may result in disciplinary
action up to, and including, termination.
Taking another person's prescribed medication does not constitute legal use. Only
those medications prescribed to the employee are legal use. Any employee taking
another person's prescribed medication is grounds for termination. Any applicant who
has tested positive on a pre -employment drug test due to usage of another person's
prescribed medications will not be eligible for employment at the City.
The City may, at its discretion and in accordance with applicable law, request any
employee who has advised a supervisor they are taking prescribed and/or non -
prescribed medications possibly hindering that employee's ability to safely perform
their duties be evaluated by the physician of the City's choice. This physician visit
would be at the cost of the City, and not the employee's. The City can, at any time it
deems necessary in accordance with applicable law, restrict an employee's work duties
when they are taking prescribed and/or non -prescribed medications possibly hindering
the employee's ability to perform work duties safely and effectively.
3. Excluded Positions
Pursuant to Minn. Stat. § 181.951 subd. 9, there are certain individuals who are treated
differently for cannabis testing purposes based on their jobs including peace officers,
firefighters, Public Works Maintenance staff, those in safety -sensitive positions, and
others (hereinafter collectively referred to as "Excluded Positions"). "Safety -sensitive
" is defined by Minn. Stat. § 181.950 subd. 13, and means a job, including any
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supervisory or management position, in which an impairment caused by drug, alcohol,
or cannabis usage would threaten the health or safety of any person.
Employees in the Excluded Positions are prohibited from both on -duty and off -duty
cannabis consumption. Given both on -duty and off -duty prohibitions, Excluded
Positions are not allowed to have any concentration of cannabis as a result of testing
under this policy.
D. TESTING CIRCUMSTANCES, PROCEDURES, AND LOGISTICS
Under this policy, the City may test employees or job applicants for drugs, alcohol, and/or cannabis
under any of the following circumstances with a properly accredited or licensed testing laboratory
or oral fluid test as defined by Minn. Stat. § 181.950, subd. 9(a), in accordance with Minn. Stat. §
181.953, subds 1, 5a.
1. Pre -employment Testing
Job applicants offered employment with the City may receive the offer conditioned
upon successful completion of drug and/or alcohol test, among other conditions. The
City will not request or require a job applicant to undergo cannabis testing related to
"lawful consumable products" pursuant to Minn. Stat. § 181.938, including alcohol or
cannabis except with respect to Excluded Positions as defined in Section C.3. of this
policy who will undergo pre -employment cannabis testing.
If the job offer is withdrawn based on drug, alcohol, and/or cannabis test results, the
City will inform the applicant of the reasons for the withdrawal. A failure to pass the
drug, alcohol, and/or cannabis test, a refusal to take the test, and/or failure to meet other
conditions of the offer will result in a withdrawal of the conditional offer of
employment even if the applicant's provisional employment has begun.
Further, failure to sign an acknowledgment form to engage in required pre -employment
testing will deem the applicant unsuitable for employment with the City.
2. Reasonable Suspicion
Consistent with Minn. Stat. §181.951, subd. 5, employees will be subject to drug,
alcohol, and/or cannabis testing when reasonable suspicion exists to believe that the
employee:
• Is under the influence of drugs, alcohol, and/or cannabis; or
• Has violated written work rules prohibiting drug, alcohol, and/or cannabis use,
possession, impairment, sale, or transfer while an employee is working,
representing the City, or while an employee is on the City's premises or
operating equipment, machinery, and/or a vehicle on the City's behalf, or
• Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or
has caused another employee to sustain an injury and although the City does
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not specifically suspect drug, alcohol, and/or cannabis use, there is a reasonable
possibility that drug use was a contributing factor to the injury; or
• Has caused a work -related accident or was operating or helping to operate
machinery, equipment, or vehicles involved in a work -related accident.
Reasonable suspicion may be based upon, but is not limited to, facts regarding
appearance, behavior, speech, breath, odor, possession, proximity to or use of drugs,
alcohol, cannabis, and/or containers or paraphernalia, poor safety record, excessive
absenteeism, impairment of job performance, or any other circumstances that would
cause a reasonable employer to believe that a violation of the City's policies concerning
drugs, alcohol, and/or cannabis may have occurred. These observations will be
reflected in writing.
******* Any medical attention needed for the employee should NOT be
delayed for testing purposes. The health and welfare of the employee
comes first. ********
Employees may be removed from all work duties until test results are reported to the
City. If the results are reported as negative, the employee will be allowed to return to
work at the appointed time beginning the next scheduled workday. Ifany other results
other than negative are reported, all circumstances as outlined throughout this policy
will apply according to the given circumstance.
3. Treatment Program Testing
In accordance with Minn. Stat. § 181.951, subd. 6, the City may request or require an
employee to undergo drug, alcohol, and/or cannabis testing if the employee has been
referred by the City for chemical dependency treatment or evaluation or is participating
in a chemical dependency treatment program under an employee benefit plan. In such
a case, the employee may be requested or required to undergo drug, alcohol, and/or
cannabis testing without prior notice during the evaluation or treatment period and for
a period of up to two years following completion of any prescribed chemical
dependency treatment program.
As outlined in Section K of this policy, under certain circumstances, employees who
voluntarily admit to a current/prior alcohol abuse disorder, past controlled substance
abuse disorder, or current abuse of a lawful substance, such as cannabis — and have
been referred to a certified chemical use counselor or physician trained in the diagnosis
and treatment of substance use disorder and are subject to follow-up testing — are not
responsible for the costs associated with initial or follow up appointments with a
certified chemical use counselor or physician trained in the diagnosis and treatment of
substance use disorder or any required follow-up testing. Instead, the City will pay for
these costs.
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Any positive results or refusals, as defined in Section E of this policy, may result in
immediate termination as discussed in Section E and H.
E. TESTING PROCEDURES, REFUSALS, & COSTS
1. Collection & Timing
Employees must report to the testing site immediately when required to undergo testing
as required under Section D of this policy.
For off -site reasonable suspicion collection, the employee must be transported and
accompanied to the collection site as arranged by a Supervisor(s). Transportation from
the collection site will be the employee's responsibility and at the employee's expense
(unless other arrangements have been made with the City). The employee is not to
transport themselves away from the collection site.
For treatment program testing, so long as no reasonable suspicion exists that the
employee is impaired, the employee will be allowed to transport themselves to the
testing facility. If an employee has driven a City vehicle to the collection site and has
an alcohol concentration level of 0.02 or greater, a City representative will arrive at the
collection site to pick up the City vehicle.
Any employee who has an alcohol test result of 0.02 or greater will be responsible for
transportation from the collection site at their own expense (unless other arrangements
have been made with the City). The employee is not to transport themselves away from
the collection site.
2. What Acts Constitute Refusal?
The following acts constitute a refusal for an employee or applicant:
• Refusal to Authorize: Refusal to sign an acknowledgment that the employee or
applicant has seen the City's Drug, Alcohol, and Cannabis Testing Policy OR
an authorization to allow a lawful request for testing.
• Failure to Report/Remain on site: An employee or applicant fails to report
immediately after notification of required testing or leaves the testing site prior
to testing being completed.
• Alteration/Substitution: An employee or applicant who substitutes, or attempts
to substitute, or alters, or attempts to alter, a testing sample.
• Dilute Specimen: A positive dilute test will be treated as a positive test result.
A negative dilute test result, a specimen with a creatinine concentration greater
than or equal to 2 mg/dL but less than or equal to 5 mg/dL, will result in
conducting a second test at the expense of the City.
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Should the testing facility have the capability of identifying a dilute sample
immediately upon receipt, the employee or applicant will be required to stay at
the facility and immediately produce another sample. Should the testing facility
not have the capability for immediate detection, once detected, the City will
notify the employee or applicant to immediately report for recollection.
Employees or applicants who have completed two tests, both of which come
back as negative dilute, will be considered to have refused to provide a
specimen unless the employee has a physical condition causing the inability to
produce sufficient specimen and, in that case, alternative arrangements will be
made.
Inadequate Specimen: Should an employee or applicant not be able to produce
any/a sufficient quantity of specimen, they will be given eight (8) ounces of
liquid every thirty minutes to help produce a sample. Employees or applicants
who do not provide a specimen within two (2) hours of the initial attempted test
will be considered to have refused to provide a specimen unless the employee
or applicant has a physical condition causing the inability to produce sufficient
specimen and, in that case, alternative arrangements will be made.
Improper Temperature: If the specimen is not at an acceptable temperature, the
employee or applicant will be required to immediately provide another sample
at the testing facility. Employees or applicants whose second sample comes
back outside of appropriate temperature bounds will be considered to have
refused to provide a specimen unless the employee or applicant has a physical
condition causing the inability to produce sufficient specimen and, in that case,
alternative arrangements will be made.
Employees or applicants who do not provide a specimen within two (2) hours
of the initial attempted test will be considered to have refused to provide a
specimen unless the employee has a physical condition causing the inability to
produce sufficient specimen and, in that case, alternative arrangements will be
made.
• Invalid Test: Should the result come back as invalid or contain an unexplained
interfering substance, the City will inform the employee or applicant. The
employee or applicant will be allowed to provide a legitimate medical
explanation. If the employee or applicant gives an explanation that is
acceptable, the test will be cancelled, and no further action will be taken unless
a negative test result is required. If a negative test result is required, the
employee or applicant must submit to the testing as required by the City. If the
employee or applicant refuses to submit to another test, this shall constitute a
refusal.
If the employee or applicant is unable to provide a legitimate medical
explanation for the invalid test result and denies having adulterated the
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specimen, the test will be cancelled and require an additional specimen to be
obtained immediately. If the employee or applicant refuses to submit to another
test, this shall constitute a refusal.
If the employee or applicant is unable to provide a legitimate medical
explanation for the invalid test results and admits to having adulterated or
substituted the specimen, this shall constitute a refusal.
• Failure to take a second test the City or collector has lawfully directed the
individual to take.
• Failure to undergo a lawful medical examination or evaluation, as directed by
the City.
• Any other intentional actor omission by the employee or applicant that prevents
the completion of the testing process constitutes a refusal to test including but
not limited to a cancelled test due to employee's or applicant's conduct,
unexplained invalid specimens, etc.
No refusal shall occur due to a cancelled test due to a collector error or other
circumstances that are not within the employee's or applicant's control or at the fault
of the employee or applicant.
3. Accommodations
An employee or applicant who, on religious or disability grounds, refuses to undergo
drug, alcohol, and/or cannabis testing of a blood sample will not be considered to have
refused testing, unless the employee or applicant also refuses to undergo drug, alcohol,
and/or cannabis testing of another type of specimen.
4. Consequences of a Refusal
Applicants
Any job applicant for the City that is required to undergo drug, alcohol, and/or cannabis
testing may refuse to submit to and provide the same requested. In the case of such
refusal by an applicant, the offer of employment with be withdrawn, even if the
applicant's provisional employment has begun.
Employees•
Employees have the right to refuse to submit to a drug, alcohol, and/or cannabis test
under this policy. However, such a refusal may subject an employee to immediate
termination. In addition, the City is not responsible in any way for any costs or
consequences involved with an employee's refusal to test to the extent allowed by
applicable law.
Nothing within this policy is meant to conflict with the City's existing obligations under
any applicable personnel policies and/or collective bargaining agreement(s).
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5. Cost of Required Testing
The City will pay for the cost of all drug, alcohol, and/or cannabis testing requested or
required of all employees, except for confirmatory retests. Likewise, if the employee's
or applicant's initial test was an oral fluid test that indicates a positive, inconclusive, or
invalid result, and the employee or applicant requests testing using the services of a
testing laboratory as described below, the City will cover the cost of the laboratory test.
Employees and applicants are responsible for paying for all costs associated with any
requested confirmatory retests. The City is not responsible in any way for any costs or
consequences involved with an employee's or applicant's refusal to test to the extent
allowed by applicable law.
As indicated in Section K, below, employees who voluntarily admit to an alcohol abuse
disorder or substance abuse of a lawful substance, such as cannabis — and have been
referred to participate in a counseling or rehabilitation program and are subject to
follow-up testing — are not responsible for the cost of initial appointment with a
certified chemical use counselor or physician trained in the diagnosis and treatment of
substance use disorder as well as any additional required testing relating to the
voluntary disclosure. Instead, the City will pay for these costs.
6. Suspension/Actions Pending Results
Applicants: Job applicants will generally not be allowed to start work until the results
of the test/confirmatory re -test are returned to the City. If the results of the
test/confirmatory re -test are in favor of the applicant, the applicant will proceed in their
new position, assuming all other conditional job offer requirements have been met. If
the results of the test/confirmatory re -test are not in favor of the applicant, the job offer
will be immediately withdrawn.
Employ: Employees will be removed from all safety -sensitive duties and shall not
operate any City -owned vehicle while awaiting test results. The City may temporarily
suspend a tested employee with or without pay or transfer that employee to another
position at the same rate of pay pending the outcome of the confirmatory test/re-test,
provided the City believes that it is reasonably necessary to protect the health or safety
of the employee, co -employees, or the public. The employee may be asked to return
home and will be required to make appropriate arrangements for return transportation
to their residence that do not include operation of a motor vehicle by the employee.
If the test/confirmatory re -test is not in favor of the employee, the employee will be
subject to all circumstances listed under Section H of this policy. If the confirmatory
test/re-test does not confirm the original positive test result, no adverse personnel action
based on the original confirmatory test/re-test will be taken against the employee, and
the employee will be reinstated with any lost wages or salary for time lost pending the
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outcome of the confirmatory test/re-test result, and the City will reimburse the
employee for the actual cost of the confirmatory re -test.
F. REVIEW AND NOTIFICATION OF TEST RESULTS
1. Notification of Negative Test Results
In the case of current employees and in accordance with Minn. Stat. § 181.953, the City
will inform the employee in writing of a negative drug, alcohol, and/or cannabis result
within three days of receipt of result by the City. Applicants will be notified as
appropriate, depending on the status of the application process. A "Negative Test
Results Notification" form will be sent to the employee, and the employee may request
a copy of the test result report from the City.
An employee or applicant will be notified of the results of an oral fluid test at the time
of the test in accordance with Minn. Stat. § 181.953, subd. 5(b).
2. Notification of Positive Test Results
In the event of a confirmed positive specimen for drugs, alcohol, and/or cannabis test
result, the City will notify the employee of a positive drug, alcohol, and/or cannabis
result in writing within three working days of receipt of the result and inform the
employee of further instructions. The employee may contact their Department Director
to request a copy of the test result report if desired. In accordance with Minn. Stat.
§ 181.953 subd. 3, a laboratory must report results to the City within three working days
of the confirmatory test result. Applicants will be notified as appropriate, depending on
the status of the application process.
G. POST -TESTING RIGHTS
1. Right to Supply Explanation
Within three working days after notice of a positive drug, alcohol, and/or cannabis test
result on a confirmatory test, the employee has the right to submit information to the
City to explain the positive result. In accordance with Minn. Stat. § 181.953 subd. 10,
if an employee submits information either before a test or within three working days
after a positive test result that explains the positive test result, (such as medications the
employee is taking), the City will not take an adverse employment action based on that
information unless the employee has already been under an affirmative duty to provide
the information before, upon, or after hire.
2. Right to Confirmatory Retest
A job applicant or employee may, within 48 hours of an oral fluid test that indicates a
positive test result or that is inconclusive or invalid, request drug or alcohol or cannabis
testing at no cost to the employee or job applicant using the services of a testing
laboratory. If the laboratory test indicates a positive result, any subsequent
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confirmatory retest, if requested by the employee or job applicant, must be conducted
following the laboratory retest procedures described below.
An employee has the right to request a confirmatory retest of the original sample at the
employee's own expense after notice of a positive test result on a confirmatory test.
Within five working days after notice of the confirmatory test result, the employee must
notify the City in writing of the employee's intention to obtain a confirmatory retest.
Within three working days after receipt of the notice, the City will notify the original
testing laboratory that the employee has requested the laboratory to conduct the
confirmatory retest or transfer the sample to another qualified laboratory licensed to
conduct the confirmatory retest. The original testing laboratory will ensure the control
and custody procedures are followed during transfer of the sample to the other
laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required
to maintain all samples testing positive for a period of six months. The confirmatory
retest will use the same drug, alcohol, and/or cannabis threshold detection levels as
used in the original confirmatory test.
3. Access to Reports
In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to
information contained in their personnel file relating to positive test results and to the
testing process, including all information gathered as part of that process. The City will
treat all testing records as confidential as required by law. The City will not disclose
the results of the test without the employee's consent, a court order, or as required by
law.
H. CONSEQUENCES FOR EMPLOYEES ENGAGING IN PROHIBITED CONDUCT
1. No Adverse Action without Confirmatory Test
The City will not terminate, discipline, discriminate against, or request or require
rehabilitation of an employee based on a positive test result from an initial screening
test that has not been verified by a confirmatory test.
2. Confirmatory Positive Test Result or Positive Oral Fluid Result
Employees who test positive in violation of this policy may face disciplinary action, up
to and including termination, even for a first offense. The City will not terminate an
employee for a first confirmatory positive test unless the following conditions have
been met:
• The City has first given the employee an opportunity to participate in either a
drug, alcohol, and/or cannabis counseling or rehabilitation program, whichever
is more appropriate, as determined by the City after consultation with a certified
chemical use counselor or physician trained in the diagnosis and treatment of
chemical dependency. Participation by the employee in any recommended
substance abuse treatment program will be at the employee's own expense or
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pursuant to the coverage under an employee benefit plan. The certified chemical
use counselor or physician trained in the diagnoses and treatment of chemical
dependency will determine if the employee has followed the rehabilitation
program as prescribed; and
The employee has either refused to participate in the counseling or
rehabilitation program or has failed to successfully complete the program, as
evidenced by withdrawal from the program before its completion or by a refusal
to test or positive test result on a confirmatory test after completion of the
program.
3. Other Misconduct
Nothing in this policy limits the right of the City to discipline or dismiss an employee
on grounds other than a positive confirmatory test result, including conviction of any
criminal drug statute for a violation occurring in the workplace or violation of any other
City policies.
This policy is not meant to conflict with the City's existing obligations under any personnel
policies and/or collective bargaining agreement(s).
L SUBSTANCE ABUSE TREATMENT PROGRAM
An employee required to take time off to participate in a rehabilitation program will be permitted
to utilize accrued sick leave, or (if no sick leave) vacation time, and/or request a leave of absence
as directed in the City of Oak Park Heights Employee Handbook.
The City is NOT financially responsible for any of the employee's rehabilitation, treatment, costs,
etc. involved with their abuse and/or misuse of controlled substances, cannabis, (including
cannabis) and/or alcohol due to a positive confirmatory test unless as outlined in Section K, below.
J. APPEALS
Except as may be required by law or a collective bargaining agreement, there are no other appeal
procedures available within the City to the job applicant or the employee adversely affected by
this policy, except those outlined within this policy.
K. NON-DISCRIMINATION, VOLUNTARY DISCLOSURE, & EMPLOYEE
ASSISTANCE
1. Non -Discrimination
The City's policy on work -related substance abuse is non-discriminatory in intent and
application; however, in accordance with Minn. Stat. Ch. 363A.03, Subd. 36, disability
does not include conditions resulting from drugs, alcohol, and/or cannabis abuse which
prevent an employee from performing the essential functions of the job in question or
constitute a direct threat to property or the safety of individuals, unless otherwise
required by law.
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In addition, there may be circumstances relating to substance abuse that do not
constitute a disability under either the Americans with Disabilities Act and/or the
Minnesota Human Rights Act or other applicable state law, including but not limited
to the current abuse of a controlled substance.
The City will not retaliate against any employee for asserting their rights under this
policy.
2. Voluntary Disclosure
Employees are encouraged to voluntarily seek professional substance abuse assistance
before any substance use or dependence affects job performance. Confidential
assistance can be found through the employee's health care provider.
In addition, any employee who has concerns regarding their drug, alcohol, and/or
cannabis use and has not been notified of the requirement to submit to testing pursuant
to this policy and has not refused a drug or alcohol test may voluntarily refer themself
to their Department Director, who will refer the individual to a certified chemical use
counselor or physician trained in the diagnosis and treatment of substance abuse
disorder for evaluation and treatment. The professional will evaluate the employee and
make a specific recommendation regarding appropriate treatment and related treatment
program testing.
Any Excluded Employee who admits to drug, alcohol, and/or cannabis abuse will
immediately be removed from their safety -sensitive functions until successful
completion of a prescribed rehabilitation program as required under applicable law.
L. FEDERAL GRANT EMPLOYEES
Each employee engaged in the performing of work on federal grants or contracts is required to
notify their agency of any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) working days after such conviction.
M. AUTHORITY, POLICY CHANGES, CONTACT
This policy is intended to meet all current local, state, and federal regulations. This policy, in whole
or in part, may be subject to change, revocation, modification, or amendment at any time, at the
City's sole discretion. The City will update as needed to ensure compliance with all applicable
laws and contracts and will inform all employees of updates or revisions.
If you have any questions about this policy or the City's drug, alcohol, and cannabis testing
procedures, you may contact your immediate supervisor or Department Director to obtain
additional information.
By this policy, the City has established a drug, alcohol, and cannabis -free awareness program to
inform employees about the dangers of drug, alcohol, and cannabis abuse in the workplace and its
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policy of maintaining a drug, alcohol, and cannabis -free workplace. Each employee will receive a
copy of this policy and will be required to read and acknowledge it.
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Acknowledgment
I, (employee or applicant name), acknowledge that I received and
read a copy of the City of Oak Park Heights Drug, Alcohol, and Cannabis Testing Policy dated
March 2025, and understand that it is my responsibility to be familiar with and abide by its
terms. This policy is not promissory and does not set terms or conditions of employment or
create an employment contract. Nothing contained within this policy is meant to contradict
applicable law and/or obligations under existing contractual agreements.
Signature
Date
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203
AN ORDINANCE REGULATING EMPLOYEE RELATIONS
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
203.01 Purpose.
It is the purpose of this Ordinance to establish a uniform and equitable system of
municipal personnel administration for all employees of the City of Oak Park Heights,
not otherwise preempted by separate union labor agreement.
203.02 Management Rights.
Any term and condition of employment shall remain solely within the discretion of the
City of Oak Park Heights to modify, establish or eliminate. The City retains the full and
unrestricted right to operate and manage all personnel, facilities, and equipment; to
establish functions and programs; to set and amend budgets; to determine the utilization
of technology; to establish and modify the organizational structure; to select, direct, and
determine the number of personnel; to establish work schedules; and to perform any
inherent managerial function not specifically limited by current collective bargaining
agreements, these regulations, and City Council resolutions.
203.03 Ethics of Public Emblovment.
The proper operation of democratic government requires the actions of public officials
and employees to be impartial; that government decisions and policy be made in the
proper channels of government structure; that public office not be used for personal gain
and that the public have confidence in the integrity of its government. Recognition of
these goals established a Code of Ethics as follows for all employees appointed and
employed by the City.
A. Employees shall not use their official position for personal gain, nor shall they
engage in any business or transaction or shall have a financial interest, direct or
indirect, which is in conflict with the proper performance of their official duties.
No employee shall have a financial interest in or personal interest in any
legislation before the City Council and participate in discussion or give an
official opinion to the City Council unless the employee discloses on the record
of the Council the nature and extent of such interest.
B. Employees shall not, without proper legal authority, disclose to others, or use to
further their personal interest, confidential information, as defined by Minnesota
Data Privacy Act, acquired in the course of their official duties.
C. Employees may not engage in outside employment which would conflict with
their job or might in any way hinder their objective and impartial performance of
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their public duties, embarrass the City government, or impair the efficiency on
this job. An employee may not hold an office or position that involves so much
of the employee's time that it impairs his/her attendance or efficiency in the
performance of his or her duties as a City employee. Employees shall not hold
offices or engage in any regular outside employment without prior notice to and
approval by the Department Head. The City Administrator shall not hold an
office or outside employment without prior notice to and approval by the City
Council.
D. Employees shall not engage in any outside activity which involves the
performance of an act in other than his or her capacity as a City employee which
may later be subject, directly or indirectly, to the control, inspection, review,
audit, or enforcement by such officer or employee or the department by which he
or she is employed.
E. Employees shall not grant any special consideration, treatment or advantage to
any citizen beyond that which is available to every other citizen.
F. Employees shall not, directly or indirectly, during his or her hours of
employment, solicit or receive funds or at any time use his or her authority or
official influence to compel an employee to apply for membership or become a
member of, pay or promise to pay any assessment, subscription, or contribution,
or to take part in any political activity. Employees are free to engage in any
political activity of their choice provided that it does not conflict with the
preceding provision.
203.04 Public Emplovees Labor Relations Act Adobted
The policy of the City is to create a work environment that encourages open
communication, cooperation, and commitment toward common goals among all
employee relations between the City and its employees are guided by the Public
Employment Labor Relations Act of 1984, as amended. The Act states:
"Public employees have the right to form and join labor or employee organizations, and
have the right not to form and join such organizations."
A. An employee whose position is included in a collective bargaining agreement
entered into in accordance with the Public Employment Labor Relations Act
shall be exempt from any provision of an Employee Handbook which is
inconsistent with the terms of such agreement.
203.05 Equal Employment Opportunity.
The City of Oak Park Heights strives to provide full and equal opportunities for every
person in all areas related to employment, training, promotion, and compensation with
the City government. To this end, the City upholds the principle that no individual shall
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be discriminated against with respect to compensation, terms, conditions, or other
privileges of employment because of race, color, creed, religion, sex, national origin,
sexual orientation, marital status, veteran status, source of income, or physical disability,
and to any other group or class against which discrimination is prohibited by state or
federal law.
Employees who participate in discrimination of any kind are subject to discipline up to
and including termination.
Any person who feels that he/she has been discriminated against should contact the City
Administrator. Employees and applicants are protected from coercion, intimidation,
interference, or discrimination for filing complaints or assisting investigations.
203.06 Appointment Procedure.
A. All appointments to municipal service shall be made according to job -relevant
qualifications, merits, and fitness as determined by the City Council and/or the
City Administrator. The Appointment Authority shall make appointments to
municipal service.
B. The basic recruitment and selection policies of the City are to take whatever
measures necessary to seek out and to encourage properly qualified individuals
to apply for positions at all levels of City service and to provide assurance that
the best qualified applicants are properly inducted into municipal service.
Competition for positions shall be open to applicants who meet the qualifications
established for the class of position for which the application is made. No person
shall in any way be favored or discriminated against because of race, color,
creed, age, marital status, sex, political opinion or affiliation, disability, sexual
orientation, or welfare assistance status.
C. In making a selection from among candidates to fill vacancies, the City may use
oral, written, performance test, an evaluation of training and experience, or any
combination of these.
D. Investigation of background, character, education, experience, or physical fitness
may also be required.
E. Outside employment activities.
No employee of the City of Oak Park Heights shall engage in off -duty
employment activities with another employer or engage in self-employment
activities where that employment or income -generating activity will:
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Require any degree of commitment or service that will interfere with the
employee's duty to render primary, quality service to the City of Oak
Park Heights and its residents;
2. Generate any communication to the employee during the business day
when that employee is to be engaged in services to the City of Oak Park
Heights;
Create an actual or perceived conflict of interest with the official duties of
the employee;
4. Reflect discredit or derogation upon the employee of the City. The work
must not be unlawful in any respect.
5. Police department personnel wishing to engage in off -duty employment/
income -producing activities which involve the providing of security
services or where the employee will be wearing the uniform of the Oak
Park Heights Police Department must first obtain written approval from
the Chief of Police in accordance with established department policies,
rules and regulations.
F. Employment of Relatives.
The City of Oak Park Heights does not restrict employment of more than one
member of a family or persons related by blood or marriage. However, to avoid
conflicts of interest, no City employee may take part in decisions to hire, retain,
promote, or determine the salary of his/her spouse, family member or blood
relative. In addition, no City employee is to be assigned responsibility for
supervising and directing the work of his/her spouse, family member, or blood
relative.
G. Appointment to a position in municipal service shall not be construed to be a
property right of the employee. All employees are appointed by and serve at the
sole discretion of the City Council.
203.07 Physical Examination.
The City may require satisfactory completion of a medical examination upon offer of
full-time employment. The exam shall be conducted by a licensed physician designated
by the City and shall be paid for by the City.
203.08 Probationary Period.
A six (6) month probationary period is intended to give new employees the opportunity
to demonstrate their ability to achieve a satisfactory level of performance and to
determine whether the new position meets their expectations. The City uses this period
to evaluate employee capabilities, work habits, and overall performance. The City may
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end the employment relationship at any time during the probationary period with or
without cause or advance notice.
203.09 Organization.
A. Compensation.
The City Administrator shall establish and maintain a classification plan
to consist of class titles and class specifications. The City Administrator
may recommend to the City Council amendments and/or revisions in the
plan to provide for new positions and changing conditions. The City
Administrator shall keep an updated set of position descriptions for each
position in the classification plan.
2. Wages are established by contract with union employees with the City
Council. Wages for non -union employees are established annually by the
city council with recommendations from Administration.
B. Work Week and Work Days.
The hours of work shall be those established by the City for the efficient
conduct of City business. The normal workday consists of eight (8)
hours. The normal workweek for regular City employees shall be five (5)
days, Monday through Friday, and shall consist of forty (40) hours.
Employees shall be granted a rest break not to exceed fifteen (15) minutes
away from job duties on two (2) separate occasions during each work
shift and a one-half hour lunch break. Meal periods are not paid, not
included in the computation of overtime, comp. time, or flex time, nor
included in the computation of a normal work shift or payroll period. In
order to provide for continuity in City operations, the timing of these
breaks is subject to the approval of the supervisor in charge.
2. Department heads and supervisory employees are required to put in the
time necessary to perform their jobs.
The City Administrator may change the working schedules of City
employees as needed.
C. Attendance.
Employees are expected to be regular in attendance during all scheduled hours of
work. Unsatisfactory attendance, including reporting late and quitting early, may
be grounds for disciplinary action. If you suspect you are going to be late for any
reason, telephone your supervisor in advance if possible.
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D. Appearance.
The dress and appearance of City employees is a direct reflection of the
professionalism of our services. City employees are usually in direct contact
with the public every day as part of their regular workday. A neat, clean, well-
groomed employee will present a positive image of the City and demonstrate the
pride our City employees have.
Employees are expected to report to work in dress that fits the type of
work he or she does and at the same time promote a professional image.
Clothing should be neat, clean, and free of rips, tears and patches.
2. Employees reporting to work in attire which, at the discretion of
management, is not befitting a professional image, shall be warned that
such clothing is not to be worn again. An employee who continues to
report to work in inappropriate attire will be sent home to change clothes.
The employee will not receive paid hours during this time.
The City has instituted a casual Friday dress policy. This policy allows
employees to wear more casual attire on Fridays than during the rest of
the week, when appropriate. It may not be appropriate to wear casual
attire on Fridays when an employee will have professional meetings to
attend. This clothing should reflect a positive image of the City of Oak
Park Heights.
a. Casual includes khaki pants, jeans, appropriate casual tops, and
casual shoes.
b. Clothes are expected to be clean, free of rips, tears and patches.
C. If an employee reports to work dressed in inappropriate casual
wear, at the discretion of management, that employee shall be
warned that such clothing is not to be worn again. An employee
who continues to report to work in inappropriate casual attire will
be sent home to change clothes. The employee will not receive
paid hours during this time.
E. Telephone Use.
City telephones are in place to conduct official City business. Whenever you use
the telephone, you "become the City" by what you say and how you say it.
When you receive a call:
a. Answer promptly with a smile;
b. Identify yourself by giving your name;
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C. Explain when you leave the line, then return promptly;
d. Transfer calls only when necessary;
e. Give tactful explanations for a co -worker's absence from the
office;
f. Take accurate messages.
2. When you place a call:
a. Be sure of the number;
b. Plan your call in advance;
C. Identify yourself.
Employees may not charge personal long distance calls to the City.
Identification codes are provided to track phone calls of employees, and a
long distance call cannot be made without the code.
4. Local personal telephone calls should be made only when absolutely
necessary, and preferably during scheduled rest or lunch breaks.
5. Excessive personal phone use may be cause for disciplinary action.
F. Use of City Vehicles.
City owned vehicles are to be used only by City employees for official City
business. Employees that drive or may be required to drive City vehicles and
equipment are responsible for maintaining a safe driving record and for
observing all traffic laws.
Seat belts must be properly used at all times.
2. Drivers must carry a current, valid driver's license that is adequate for the
type of vehicle being driven.
Any employee who operates a City vehicle without a valid driver's
license will be subject to disciplinary action.
4. Copies of driver's licenses as issued by the State of Minnesota for each
employee will be placed on file by the employee with the City
Administrator.
Passengers may be carried only when necessary to conduct City business
and/or whose transportation via City vehicle is, in the opinion of the
operator, in the best interest of the City.
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6. Employees shall immediately notify their supervisor or the City
Administrator of any restriction, suspension, revocation, or other
alteration of their driving privileges within the State as may be imposed
by the Minnesota Department of Public Safety on their driving privileges.
G. Personal Use of City Property.
City owned equipment and facilities are not available for personal use by
employees. Personal use of machinery and tools is prohibited unless prior
approval is given by the appropriate department head or City Administrator.
Copiers may be used for personal copies; however, copies must be paid
for. The price for copies will be established by the City Council through
resolution.
2. Personal commercial activity conducted on City telephones is prohibited.
Employees provided with a cellular telephone will be required to pay for
all personal calls if the base fee is exceeded.
4. City equipment or facilities may be loaned to community or civic
organizations. Approval for such use must be obtained from the City
Administrator and/or the City Council. A fee may be charged as
established by City Council resolution from time to time.
5. Unauthorized removal of City property or its conversion to personal use
may be cause for discipline up to and including discharge.
H. Property DamageReporting.
Reporting.
An employee involved in an incident which results in damage to City property
must submit a report of the incident to his or her supervisor within twenty-four
(24) hours of occurrence. Vehicle accidents also require a copy of the Minnesota
Motor Vehicle Accident Report.
I. Pay Dam.
Paydays shall not be later than the 15t' and the last day of each month for all
regular employees. When a payday falls on a Saturday, Sunday, or a holiday,
regular employees shall receive their pay on the preceding workday.
Travel Expenses.
An employee shall be reimbursed for traveling expenses incurred when
traveling on City business, upon the prior approval by the supervisor or
City Administrator. Reasonable traveling expenses include mileage
reimbursement when an employee uses his/her own vehicle, coach airline
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tickets when it is more economical to fly than drive, hotel expenses, and
meals while on official City businesses.
a. In order to receive such reimbursement, an employee must submit
the appropriate form to the City Finance Director within a
reasonable amount of time after completion of the travel.
2. Mileage reimbursement will be at the rate set by the City Council by
resolution.
K. Tuition Reimbursement.
The City of Oak Park Heights finds that it is in the City's best interests of its
employees to continue their education and upgrade their skills and training. It
shall be the policy of the City of Oak Park Heights to reimburse 100% of an
employee's costs for tuition for educational classes subject to the following
conditions:
Employees must have the approval of their supervisor to take any classes
for which reimbursement is requested;
2. Employees must present written proof through a report card or some
similar grading system that they have achieved a grade of "C" or higher
equivalent;
Reimbursement will occur after the employee has presented proof of
grade to their supervisor;
4. Education must be job -related.
L. Employment Records.
Employee records are maintained in the City Administrator's office. Laws
regarding data privacy are strictly enforced.
M. Access to Personnel Files.
The City of Oak Park Heights maintains a personnel file on each
employee. The personnel file shall include such information as the
employee's job application, resume, documentation of performance
evaluations, salary increases, and other employment records.
2. Personnel files are the property of the City of Oak Park Heights and
access to the information they contain is restricted. Only management
personnel of the City of Oak Park Heights who have a legitimate reason
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to review the information in a file are allowed to do so.
Employees who wish to review their own file should contact the City
Administrator. With reasonable advance notice, employees may review
their personnel files in the presence of the City Administrator.
203.10 Overtime/Combensatory Time
The City of Oak Park Heights has established an overtime policy to comply with
applicable state and federal laws governing accrual and use of overtime. The City
Administrator will determine whether each employee is designated as "exempt" or "non-
exempt" from earning overtime. In general, employees in executive, administrative, and
professional job classes are exempt; all others are non-exempt.
A. For non-exempt employees, time worked in excess of forty (40) hours in a week
is considered overtime and is payable at one and one-half the employee's regular
rate of pay. Vacation, sick leave, and paid holidays do not count towards "hours
worked." Compensation will take the form of either time and one-half pay or
compensatory time. Compensatory time is paid time off at the rate of one and
one-half hours off for each hour of overtime worked. Compensatory and flex
time may also be used by employees with the prior approval of the City
Administrator.
B. The workweek is Sunday morning from 12:00 a.m. to Saturday evening at 11:59
p.m.
C. The Department head and/or the City Administrator must approve all overtime,
except in cases of emergency. An employee who works overtime without prior
approval may be subject to disciplinary action.
D. Overtime earned will be paid at the rate of time and one-half on the next
regularly scheduled payroll date, unless the employee and the department head
mutually agree in advance that the overtime will be banked as compensatory time
in lieu of payment.
E. Up to forty (40) hours of accrued Comp. time may be cashed in at the end of the
calendar year. Compensatory time shall not be carried over from one year to the
next.
203.11 Sick Leave.
A. Eli _ ig bility.
Sick leave with pay shall be granted to all probationary and permanent
employees according to the following schedule:
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One (1) day per month for each month of employment or major portion
thereof.
2. Each employee shall be allowed a maximum accumulation of one
hundred forty-eight (148) days of sick leave. After the maximum
accumulation is reached, each employee shall earn sick leave at the rate
of one-half (1/2) day banked per month sick leave. Banked sick leave
shall be used only after the maximum accumulation of one hundred forty-
eight (148) is exhausted.
B. When Granted.
Sick leave may be granted at the discretion of the department head or, in his/ her
absence, the City Administrator. This leave may be granted only for personal
illness or personal legal quarantine, or because of serious illness in the immediate
family. Immediate family shall mean: children of the employee, stepchildren of
the employee, brother, sister, parent, parents -in-law, or spouse of the employee.
C. When necessary and upon approval by the City Administrator, up to five (5) days
of sick leave with pay shall be used in case of death in the family. The degree of
relationship includes spouse, parents, spouse's parents, children, brothers and
sisters, brothers-in-law, sisters-in-law, grandparents, grandchildren, and step-
children.
D. Proof Required.
In order for an employee to be eligible for sick leave with pay, he/she shall:
Report promptly to his/her department head the reason for absence.
2. Keep department head informed of his/her condition if the absence is
more than three (3) consecutive days.
Submit a physician's written statement to department head, if requested,
for any absence exceeding three (3) consecutive days.
E. Penally.
Claiming sick leave when physically fit, except as permitted may be cause for
disciplinary action, including transfer, demotion, suspension, or dismissal.
203.12 Vacation.
Vacation shall be earned on a pro-rata monthly accrual:
0 thru 5 years of service 10 working days per year
(5/6 day per month)
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0
It
C
LE
2. 6 thru 10 years of service 15 working days per year
(1-1/4 days per month)
3. 11 thru 15 years of service 20 working days per year
(1-2/3 days per month)
4. 16 and over years of service One (1) additional day per year to a
maximum of 25 days per year
Employees must take at least five (5) working days of said vacation days
consecutively each year.
Vacation time shall be taken in increments of not less than four (4) consecutive
hours.
When Taken.
l . After six (6) months of employment, employees shall be authorized to use
accumulated vacation benefits.
2. No employee shall take vacation leave without prior approval of the
department head. The department head, upon receipt of such notice and
subsequent approval, shall inform the City Administrator of the vacation
time.
Accrual.
1. Employees may accrue vacation leave to a maximum of forty (40)
working days.
2. After two (2) years of service, permanent employees shall be granted two
(2) days personal leave with pay, to take care of personal business that
can only be taken care of during normal working hours. Said leave will
be non -accumulative and subject to prior approval of the department head
and/or City Administrator.
203.13 Terminal Leave.
A
B
No sick leave benefits of any kind shall be granted upon termination of
employment.
Any employee leaving the municipal service after giving proper notice of such
termination of employment, shall be compensated for vacation leave accrued and
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unused to the date of separation.
203.14 Leaves of Absence.
Employees of the City of Oak Park Heights may request leaves of absence due to a
serious health condition of either a family member or the employee.
A. Intermittent Leave.
Leave can be taken intermittently or on a reduced schedule when such leave is
deemed to be medically necessary.
The employer may require the employee to transfer temporarily to an
alternative position with equivalent pay and benefits that better
accommodates the intermittent leave than the regular position.
2. All requests for intermittent leave shall be evaluated on a case -by -case
basis.
B. Leave without pay.
Upon consideration of a formal written request by an employee, a leave
of absence without pay may be granted at the discretion of the City
Administrator and, in the instance of leave requested by the City
Administrator, granted at the discretion of the Council Designee, all
based on consideration of the following factors:
a. Municipal service needs;
b. The employee's performance record and length of service;
C. The reason(s) for the request;
d. Any other relevant information.
2. If granted, unpaid leave of absence may not exceed beyond a period of
ninety (90) continuous calendar days. An extension beyond that period
may be granted at the discretion of the City Administrator; however, an
unpaid leave of absence shall not exceed one (1) calendar year, except
when the employee is in the military service or has been disabled while
performing job duties in the municipal service.
Benefits including vacation, holidays, sick leave, or other forms of
indirect compensation shall not accrue during a period of unpaid leaves of
absence. Employees shall not be credited with service accrual while on
unpaid leaves of absence. During the first calendar month, or portion
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thereof, which an employee begins an unpaid leave of absence, the
employee may continue to be covered by group health insurance, but will
be responsible for paying one hundred percent (100%) of the premium
costs. Any exceptions to this policy will require the approval of the City
Council.
4. An unpaid leave of absence shall require the advance written approval of
the City Administrator, based upon the recommendation of the
employee's department head. Unpaid leaves as it affects the request of
the City Administrator through same shall be based upon the
recommendation of the Council Designee and require advance written
approval of the Council Designee.
C. Parental Leave for School Conferences.
Regular full-time employees may leave up to a total of sixteen (16) hours during
any school year to attend conferences or school classroom activities related to the
employee's child, provided that the conferences or classroom activities cannot be
scheduled during non -work hours. Parental school leave also includes childcare
services as defined in Minnesota Statutes.
D. Family and Medical Leave Act.
In accordance with the Federal Family and Medical Leave Act (FMLA),
unpaid job -protected leave will be granted to all eligible employees (male
and female) for up to twelve (12) weeks per twelve (12) month period for
any of the following reasons:
a. Birth, adoption, or foster care placement of a child;
b. To care for a spouse, child, or parent who has a serious health
condition;
C. For a serious health condition that makes the employee unable to
perform the functions of the position.
2. Eli _ ig bility.
An eligible employee is one who has worked for the City for at least:
a. Twelve (12) months, and
b. 1,250 hours during the twelve month period prior to requesting
the leave.
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Length of Leave.
The length of FMLA is not to exceed twelve (12) weeks in any twelve
(12) month period. The entitlement to FMLA Leave for the birth or
placement of a child expires twelve (12) months after the birth or
placement of the child.
4. Leave Year.
The leave year shall commence the first day the employee is absent from
work on FMLA Leave.
5. Substitution of Paid Leave Time.
An employee may request, or the employer may require that the
employee substitute accrued sick leave or vacation time for all or part of a
family/medical leave taken for any reason.
6. Notice.
a. The employee is to give notice of at least thirty (30) days prior to
the date on which leave is to begin. If thirty (30) days notice
cannot be given, the employee must give as much notice as
practicable.
b. If an employee fails to give thirty (30) days notice for a
foreseeable leave with no reasonable explanation for the delay, the
leave will be denied until thirty (30) days after the employee
provides notice.
C. Notification for request for family/medical leave must be
submitted in writing.
d. The employee must submit medical certification to support a
request for leave because of a serious health condition of a child,
spouse, or parent of the employee. A "Certification of Physician
or Practitioner" form can be obtained from the Administration
Department. It is to be completed by the attending physician or
practitioner and submitted to the City Administrator within fifteen
(15) days after requested, or as soon as it is reasonably
practicable.
e. The City may require a second or a third opinion at the City's
expense.
E. July Du .
A City of Oak Park Heights employee required to serve as a juror or under
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subpoena as a witness in court shall be granted a leave of absence while serving
in such capacity.
Such employee shall receive the amount of the difference between the
employee's regular salary and jury duty pay or fees received for service.
An employee shall assign the jury duty pay, less pay received for mileage
and expenses, to the City and the City shall pay the employee their
regular salary for the time served as a juror.
2. An employee cannot receive more than the employee's normal take-home
pay as a result of any City pay supplement to jury duty pay.
If the jury is dismissed prior to the end of the employee's work day, the
employee shall report to work if practicable.
F. Military Leave.
The City of Oak Park Heights complies with the laws of the State of Minnesota
regarding leaves of absence for military duty. Reference 1971 Minnesota
Attorney General's opinion.
Upon return from military leaves of absence, a regular employee shall be
reinstated to the employee's former position or to a position of like status
and pay, provided that the employee is competent to perform all duties of
the position to which assigned. If the position which employee formerly
held no longer exists, the employee shall be reinstated to position of like
status and pay, provided that it is practicable to do so and that the
employee is competent to perform all duties of the position to which
assigned.
2. Employees eligible to receive military leave compensation while
participating in required training exercises shall be compensated as
required by Federal and State regulations.
203.15 Deferred Compensation.
Regular full-time employees are eligible to participate in the Deferred Compensation
Plan. This voluntary supplemental retirement plan allows employees to have part of
their annual salary withheld and invested for payment to the employee upon termination
or retirement. The deferred amount and the interest earned on the investments are not
subject to current State and Federal income tax. When the employee receives the
money, it will be taxed as ordinary income based on regular W-4 withholdings. The
City's Deferred Compensation Plan is regulated by the Internal Revenue Service (IRS
457).
Employees may defer a percentage of their salary, up to an IRS regulatory maximum, in
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any one calendar year. Prior to retirement, employees may defer an additional amount
under a catch-up provision pursuant to IRS regulation.
203.16 Safe .
The personal safety and health of each employee of the City of Oak Park Heights and the
prevention of occupationally induced injuries and illnesses is of primary importance. To
the greatest degree possible, the City seeks to maintain a safe and hazard -free work
environment.
A. Employees are required to:
Immediately report to supervisor all unsafe equipment, practices, or
procedures which pose a threat to the safety of employees or others;
2. Cooperate with and assist in the investigation of accidents to identify the
causes and to prevent recurrence;
Observe and promote safe work habits;
4. Report injuries to supervisor immediately.
B. On The Job Injury.
An employee who is temporarily disabled from work by an injury or illness
sustained in a performance of the employee's work with the City may be eligible
for Workers' Compensation subject to the provisions of the State of Minnesota's
Workers' Compensation Law.
An employee who becomes eligible to receive Workers' Compensation
will receive full base pay, less compensation received from any other
source (including Workers' Compensation and/or disability insurance)
made available to the employee through a benefit provided all or in part
by the City of Oak Park Heights, according to the following schedule:
a. Up to twelve (12) months pay without loss to any accrued sick
leave or vacation, provided the injury is of the nature which is
covered by Workers' Compensation.
203.17 Insurance Benefits.
A. Health Insurance.
The City of Oak Park Heights provides full-time regular employees with a
comprehensive hospital and major medical group health insurance plan. The
City pays a portion of the premium for employees and their dependents. The
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employee portion of the premium is deducted from the employee's paycheck.
Pursuant to applicable state and federal law requirements, employees who
terminate employment with the City for any reason other than retirement
may be eligible to continue with the group health care program. Changes
in family status, eligibility for Medicare, or death of a spouse may also
warrant continuing coverage. The employee must pay the premiums for
this continuation of coverage.
2. Employees who retire and are receiving retirement benefits are eligible to
continue the group health care program and shall be responsible for the
premium cost.
Employees on an unpaid leave of absence are responsible for the full
payment of insurance premiums and are required to maintain the same
level of health insurance coverage while on unpaid leaves of absence that
was in effect prior to the leave.
B. Life Insurance.
The City provides full-time regular employees with group term life insurance
with accidental death and dismemberment coverage in the amount of $50,000.00.
(The amount of life insurance provided may vary according to the labor
agreement.)
In compliance with state and federal law, employees who terminate their
employment with the City may be eligible to continue the group term life
insurance program at the employee's expense.
2. Employees who retire and are receiving retirement benefits are eligible to
continue group life insurance benefits at the employee's expense.
Employees on unpaid leaves of absence may retain insurance coverage at
their own expense.
4. Contact the Finance Department for additional information.
C. Disability Insurance.
The City provides full-time regular employees with long term disability
insurance.
203.175 Section 125 Flexible Benefits Plan
All regular full-time employees who have completed their specified probationary period
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are eligible to participate in the City's "Section 125 Flexible Benefits Plan". This
voluntary, employee funded flexible benefits plan as authorized by the Internal Revenue
Service (IRS), allows employees to dedicate a portion of their earnings, pre-tax, into a
special fund from which they can withdraw to purchase authorized goods and services.
The City's maximum allowable annual contributions and withdrawals per employee
under this program shall be $5,000 for dependant care and $3,000 medical/health
reimbursements. The City shall follow all rules relating to this program as authorized by
the IRS and per the terms of the City's Flexible Benefits Plan document. Should the
availability of the Section 125 Flexible Benefits Plan program be effectively eliminated
by the IRS or should the costs of managing the program or the benefits received not be
in the best interests of the City, the City specifically reserves the right to terminate the
flexible benefits plan at the completion of the current term year.
203.18 Holidays.
The following twelve (12) holidays will be observed as paid holidays for City
employees:
A. New Year's Day
B. Martin Luther King, Jr. Day
C. President's Day
D. Memorial Day
E. Independence Day
F. Labor Day
G. Veteran's Day
H. Thanksgiving Day
I. Day after Thanksgiving Day
J. Christmas Eve
K. Christmas Day
L. Floating Holiday (for employee to schedule)
No City business shall be transacted on any holiday, except in cases of necessity.
203.19 Sexual Harassment Polic
The City of Oak Park Heights intends to maintain a work environment free of sexual
harassment, a form of sex discrimination prohibited by law. Sexual harassment demeans
people and creates unacceptable stress for the entire organization. The City will not
tolerate sexual harassment of its employees by any person: employees, elected officials,
or members of the public.
A. Definitions.
Unwelcome or unwanted sexual advances such as, but not limited to:
patting, pinching, brushing up against, hugging, cornering, kissing,
fondling, or any other similar physical contact considered unacceptable
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by another individual.
2. 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.
Verbal abuse or kidding that is sex -orientated and considered
unacceptable by another individual. This includes commenting about an
individual's body or appearance where such comments go beyond mere
courtesy; telling "dirty jokes" that are clearly unwanted and considered
offensive by others or any other tasteless, sexually -orientated comments,
innuendoes or actions that offend others.
4. Creating a work environment that is intimidating, hostile, or offensive
because of unwelcome or unwanted sexually -oriented conversations,
suggestions, requests, demands, physical contacts or attentions.
B. An employee who believes they have experienced sexual harassment or who
know of conduct they believe might constitute sexual harassment toward an
employee must report such alleged harassment to their supervisor, another
supervisor, or the City Administrator. The supervisor who receives the report
should inform the City Administrator in confidence as soon as possible. A
supervisor who becomes aware of sexual harassment but fails to take immediate
action against it will be subject to discipline. Failure to take immediate action
against believed harassment is viewed by the courts as condoning the behavior.
C. A prompt and confidential investigation will be conducted by the City and fair
consideration will be given to all the facts presented. Any supervisor, manager
or employee who has been found, after appropriate investigation, to have
sexually harassed another employee will be subject to appropriate disciplinary
action, up to and including termination. During the course of the investigation,
should the City Administrator determine that the nature of the allegations and the
circumstances warrant, the City Administrator has the authority and may
suspend, with pay, the employee who is alleged to have violated the Sexual
Harassment Policy of the City pending the completion of the investigation.
D. It is a violation of the law for any supervisor or employee to retaliate against a
person who files a sexual harassment complaint.
E. Grievance Procedure. Should any employee determined by the supervisor and/or
the City Administrator to have committed an act of sexual harassment within the
workplace of the City of Oak Park Heights desire to grieve or challenge the
determination, all such grievances shall be conducted where the employee is
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represented by and through a union contract to follow the union contract
grievance procedure. As to all other employees of the City of Oak Park Heights,
upon the filing of a grievance by the employee relative to the determination of
sexual harassment found by the Office of the City Administrator, the City
Administrator shall secure the services of an outside City Administrator to
review investigative reports and determinations on the matter as found by the
Office of the City Administrator of the City of Oak Park Heights and determine
whether or not the findings so made by the Administrator and sanctions imposed
are consistent and reasonably sustained by the facts and circumstances attendant
to the matter; and, also, review whether or not the discipline invoked by the
Office of the City Administrator of the City of Oak Park Heights is reasonable
under the circumstances presented.
203.20 Workplace Violence Policy.
The City of Oak Park Heights seeks to provide a safe and secure workplace environment
for employees, volunteers, vendors, and citizens. Violence, or the threat of violence has
no place in any City of Oak Park Heights facility.
A. This policy addresses the City's commitment to preventing the potential for
violence in and around the workplace and to fostering a work environment of
respect and healthy conflict resolution.
B. Many City employees may be exposed to violence by the nature of their jobs.
Violence, or the threat of violence, by or against any City employee or other
person while at a City of Oak Park Heights workplace is unacceptable and may
subject the individual to serious disciplinary action and/or criminal charges.
C. The City of Oak Park Heights will take every reasonable action to protect the
life, safety and heath of employees and will provide as rapid and coordinated a
response as possible to violence or threats of violence at any worksite.
D. Possession, use, or threat -of -use of an object which could be considered a
dangerous weapon, including all firearms, is not permitted at the workplace or on
City property, including City vehicles, unless such possession or use is an
approved requirement of the job.
E. The City of Oak Park Heights is committed to providing a workplace
environment in which all its officials and employees treat each other, their
customers and clients, and all others with courtesy, dignity, and respect.
F. Under circumstances where it is alleged that violence or the threat of violence
has occurred within the City of Oak Park Heights by and between employees of
the City, a prompt and confidential investigation shall be conducted by the Office
of the City Administrator and fair consideration should be given to all the facts
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presented. Any supervisor, manager or employee who has been found after
appropriate investigation to have committed an act of violence or made a threat
of violence to another employee within the City of Oak Park Heights shall be
subject to appropriate disciplinary action up to, and including, termination. The
Office of the City Administrator has the discretion to invoke a paid suspension
during the course of the investigation for any employee alleged to have
committed an act of violence within the City of Oak Park Heights, or alleged to
have threatened violence to another employee within the City of Oak Park
Heights.
G. Grievance Procedure. Should any employee determined by the supervisor and/or
the City Administrator to have committed or threatened an act of violence within
the workplace of the City of Oak Park Heights desire to grieve or challenge the
determination, all such grievances shall be conducted where the employee is
represented by and through a union contract to follow the union contract
grievance procedure. As to all other employees of the City of Oak Park Heights,
upon the filing of a grievance by the employee relative to the determination of
the commission of a threat of violence or an act of violence found by the Office
of the City Administrator, the City Administrator shall secure the services of an
outside City Administrator to review investigative reports and determinations on
the matter as found by the Office of the City Administrator of the City of Oak
Park Heights and determine whether or not the findings so made by the
Administrator and sanctions imposed are consistent and reasonably sustained by
the facts and circumstances attendant to the matter; and, also, review whether or
not the discipline invoked by the Office of the City Administrator of the City of
Oak Park Heights is reasonable under the circumstances presented.
203.21 Drug and Alcohol Polic
It is the policy of the City to provide a drug -free environment. The City's goal is to
establish and maintain a healthy and efficient workforce, free from the effects of drug
and alcohol abuse in compliance with the requirements of the Federal Drug -Free
Workplace Act of 1988 and applicable State law.
The City recognizes drug and alcohol abuse a potential health, safety, and security
problem. Employees needing help in dealing with drug and alcohol problems are
encouraged to make use of the medical resources available through their health
insurance plans.
A. Employees are required to report to work on time and in appropriate mental and
physical condition for work.
B. No employee shall be under the influence of any drug or alcohol while the
employee is working or while the employee is on the employer's premises or
operating the employer's vehicle, machinery, or equipment, except to the extent
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authorized by a valid medical prescription.
C. Unless specifically authorized as part of the employee's work duties, no
employee shall use, possess, manufacture, distribute, dispense, sell, or transfer
drugs, alcohol, or drug paraphernalia while the employee is working for or while
the employee is on the employer's premise or operating the employer's vehicle,
machinery, or equipment, except to the extent authorized by a valid medical
prescription. The sale of alcohol which is part of an employee's job duty is an
exception to this policy.
D. Violations of this policy will result in disciplinary action, up to and including
termination, and may have legal consequences.
E. To assist employees in understanding the perils of drug and alcohol abuse, the
City has established a Drug -Free Awareness Program. This drug and alcohol
policy constitutes the City's drug -free awareness program and fulfills the
notification requirements of the Federal Drug -Free Workplace Act of 1988. The
City will use this program as an ongoing educational effort to prevent and
eliminate drug and alcohol abuse that may affect the workplace.
The program will inform employees of the dangers of drug and alcohol
abuse, explain the City's Drug and Alcohol Policy and the sanctions
imposed for its violation, and highlight any treatment, counseling, and
rehabilitation referral services that may be available to employees of the
City. Nothing set forth in this policy is intended to conflict with state
law.
2. As a condition of employment, each and every employee of the City must
abide by the terms of this policy and must report in writing any instance
of the employee's own conviction under a criminal drug statute for a
violation occurring on or off work premises while conducting City
business.
Any such conviction must be reported to the employee's supervisor or to
a person designated by the City Council within five (5) days after the
conviction as required by the Federal Drug -Free Workplace Act of 1988.
The City shall notify the appropriate federal agency of such conviction
within ten (10) days of receiving notice from the employee.
F. An employee convicted of a criminal drug offense committed in the course of
employment will be subject to appropriate disciplinary action and/or required to
complete successfully an appropriate rehabilitation program at the employee's
own expense unless provided to the employee through insurance coverage. The
City, in its sole discretion, shall determine what disciplinary action is
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appropriate.
G. Drug and Alcohol Testing.
Purpose.
The purpose of this policy is to provide for the testing of employees and
job applicants in conformance with the requirements of Minnesota Statute
181.950 through 181.957.
2. Scope.
This drug and alcohol testing policy applies to all employees of the City
and to all full time and part time (non -seasonal) job applicants who have
received a contingent offer of employment by the City.
Definition.
For purposes of the Policy, the following definitions will apply:
a. "Alcohol" is ethyl alcohol.
b. "Confirmatory Test" and "Confirmatory Retest" is a drug or
alcohol test that uses a method of analysis allowed under one of
the programs listed in Section 181.953, Subd. 1.
C. "Conviction" is a finding of guilty (including a plea of "nolo
contenders") or imposition of sentence, or both, by any judicial
body charged with the responsibility to determine violations of
state or federal criminal drug statutes.
d. "Drug" is a controlled substance as defined in Minnesota Statute
152.01, Subd. 4 and/or if required by law, the Federal Drug Free
Workplace Act of 1988.
e. "Drug and Alcohol Testing," "Drug or Alcohol Testing,"and
"Drug or Alcohol Test" are analyses of a body component sample
according to the standards established under one of the programs
listed in Section 181.953, Subd. 1 for the purpose of measuring
the presence or absence of drugs, alcohol, or other metabolites in
the sample tested.
f. "Drug Paraphernalia" is an item or items described in Minnesota
Statutes 152.01, Subd. 18.
g. "Employee" is a person defined as an employee of the City under
the State of Minnesota Public Employment Labor Relations Act in
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Section 179A.03, Subd. 14.
h. "Employer" is the City of Oak Park Heights, Washington County,
Minnesota acting through the designees of the City Council.
"Initial Screening Test" is a drug or alcohol test which uses a
method of analysis under one of the programs listed in Section
181.953, Subd. 1 and which is capable of detecting the
presumptive presence of a drug, drug metabolite, or alcohol in a
sample.
"Job Applicant" is a person, independent contractor, or person
working for an independent contractor who applies to become an
employee of the City, and includes a person who has received a
job offer made contingent on the person passing drug and alcohol
testing.
k. "Premises" are all property and locations in which the City is
operating or has established a presence.
1. "Positive Test Result" is a finding of the presence of drugs,
alcohol, or their metabolites in a sample tested in levels at or
above the threshold detection levels contained in the standards of
one of the programs listed in Section 181.953. Subd. 1. An
alcohol test will be considered positive if the employee being
tested has an alcohol concentration level of at least .05 or a lesser
level if it is accompanied by an odor of an alcoholic beverage or
signs of physical impairment in violation of the City's Personnel
Policy. A residue amount of alcohol will be considered a positive
test result only if accompanied by a violation of the City's
personnel policies.
M. "Reasonable Suspicion" is the basis for forming a belief based on
specific facts and rational inferences drawn from those facts.
n. "Safety -Sensitive Position" is a job, including any supervisory or
management position, in which an impairment caused by drug or
alcohol usage would threaten the health or safety of any person.
o. "Under the Influence" is having the presence of a drug or alcohol
at or above the level of a positive test result.
4. Circumstances under which testing ma, off:
Any employee or job applicant of the City may be tested under the
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following circumstances:
a. Job Applicant.
A job applicant shall be requested or required to undergo drug
testing after a job offer has been conditionally made and before
commencing employment in the position. Alcohol testing will not
be a part of a post -offer pre -employment physical examination.
b. Treatment Program Testing.
The City may test any employee referred by the City for chemical
dependency treatment or evaluation at any time and without prior
notice during the period of treatment or evaluation and for up to
two (2) years following completion of any prescribed chemical
dependency treatment or evaluation program in accordance with
Minnesota Statutes 181.951, Subd. 6.
C. Reasonable Suspicion Testing.
No employee will be tested for drugs or alcohol under this policy
without the person's consent. If, however, the City asks an
employee to undergo a drug or alcohol test and the employee
refuses, the employee may be subject to disciplinary action.
d. The City may request or require an employee to undergo drug or
alcohol testing if the employer has a reasonable suspicion that the
employee:
1) Is under the influence of drugs or alcohol:
2) Has violated the employer's written work rules prohibiting
the use, possession, sale, or transfer of drugs or alcohol
while the employee is working or while the employee is on
the employer's premises or operating the employer's
vehicles, machinery, or equipment.
3) Has sustained or cause another person to sustain a work -
related personal injury; or
4) Has caused a work -related accident or was operating or
helping to operate machinery, equipment, or a vehicle
involved in a work -related accident.
e. Random Testing and Testing without Prior Notice
Random testing may be given without prior notice during
regularly scheduled work hours to those employees who are in
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"safety sensitive" positions including any supervisory or
management positions in which an impairment caused by drug or
alcohol use would threaten the health or safety of any person.
Under the random selection process, there is an equal probability
that an employee in a safety sensitive position subject to the
selection mechanisms will be selected for testing. The City does
not have discretion to waive the selection of any employee chosen
on a random selection basis.
f. The City declares that all Police Department positions, (including
but not limited to sworn, unsworn, union, non -union, supervisory
and management positions) are hereby designated as "safety
sensitive" positions.
g. The City declares that all Fire Department positions, (including
but not limited to sworn, unsworn, union, no -union, supervisory
and management positions) are hereby designated as "safety
sensitive" positions.
h. The City declares that all Public Works Maintenance positions,
(including but not limited to sworn, unsworn, union, non -union,
supervisory and management positions) are hereby designated as
"safety sensitive" positions.
Testing without prior notice may be given to employees who have
been referred by the City for chemical dependency treatment or
evaluation or who are participating in a chemical dependency
treatment program under an employee benefit plan or have
participated in such a chemical dependency treatment program in
the prior two (2) years.
5. Criteria for Selecting Testing Laboratories for DrugTesting:
esting:
In accordance with Minnesota Statutes 181.953, Subd. 1, the City shall
use the services of a testing laboratory that meets such applicable criteria
as established under Minnesota law.
6. Refusal to Undergo Testing.
a. Job Applicants.
Job applicants may refuse to undergo drug testing. However, if a
job applicant refuses to undergo drug or alcohol testing requested
or required by the City of Oak Park Heights, no such test shall be
given, and the job applicant shall be deemed to have withdrawn
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the application for consideration of employment.
b. Employees.
Employees may refuse to undergo drug testing. However, if an
employee refuses to undergo drug and alcohol testing carried out
in conjunction with this policy, the employee may be subject to
discipline including, but not limited to, discharge.
7. Tampering with the Urine or Blood Sample.
If an employee tampers with his or her own urine or blood sample, or in
any way deliberately causes a sample to be invalid, the employee may be
subject to discipline including, but not limited to, discharge.
8. First Failure to Pass Drug and Alcohol Testing.
Without evidence of any other misconduct, any employee who for the
first time has a positive test result on a confirmatory test will not be
subject to discipline, including but not limited to discharge, unless:
a. The City has given the employee an opportunity to participate in,
at the employee's own expense or pursuant to coverage under an
employee benefit plan, either a drug or alcohol counseling or
rehabilitation program, whichever is more appropriate, as
determined by the City after consultation with a certified chemical
use counselor or physician trained in the diagnosis and treatment
of chemical dependency; and
b. The employee has either refused to participate in such a program
or has failed to successfully complete the program within a
reasonable time as evidenced by withdrawal or a positive test
result on a confirmatory test after completion of the program.
9. Failure to Pass Drug and Alcohol Testing GenerallX.
a. Initial Screening Test (Employ)
The City will not discharge, discipline, discriminate against or
require rehabilitation of an employee solely on the basis of a
positive Initial Screening Test that has not been verified by a
Confirmatory Test. However, the City may temporarily suspend a
tested Employee whose test results are positive or transfer the
Employee to another position at the same rate of pay pending the
outcome of the Confirmatory Test (and, if requested, a
Confirmatory Retest) if the City believes it is necessary to protect
the health or safety of the employee, co-workers, or the public.
An employee who is suspended without pay will be reinstated
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with back -pay if the outcome of the Confirmatory Retest is not
positive. Requests for such a Retest must be made in writing
within five (5) days of the Employee's receipt of notice of the
retest results. An employee who receives a positive test result on
a Confirmatory Test and does not request, in writing, a
Confirmatory Retest within five (5) working days after notice of
positive confirmatory test results, may be subject to discipline
including, but not limited to discharge subject to the provisions of
this policy.
b. Initial Screening Test (Job Applicant).
The City will not withdraw a conditional offer of employment on
the basis of a positive test result on a job applicant's Initial
Screening Test (and a Confirmatory Retest, if requested) before a
conditional offer of employment can be withdrawn. A job
applicant who receives a positive test result of a Confirmatory
Test, fails or refuses a Confirmatory Retest, or does not request in
writing a Confirmatory Retest within five (5) working days after
notice of a positive test result of a Confirmatory Test, may be
refused employment and will be notified of the reasons for such
refusal.
C. Confirmatory
Discipline for a Confirmatory Test verifying a positive test result
on an Initial Screening Test may include discharge of an
employee; provided, however, that prior to discharge, the
employee is given the opportunity to explain a positive test result
and request and pay for a Confirmatory Retest on the original
sample. If the Confirmatory Retest is not positive, no action will
be taken against the employee. If the Confirmatory Retest is
positive, and if it is the first positive retest result for the employee,
the employee will not be terminated if the employee elects to
participate, at the employee's own expense, in a drug or alcohol
treatment or rehabilitation program, whichever is appropriate. An
employee who either refuses to participate in the treatment or
rehabilitation program (as evidenced by withdrawal of the
program before its completion or by a positive test result on a
Confirmatory Test during or after the completion of the program),
may be subsequently discharged.
10. Rights of Employee or Job Applicant.
a. An employee or job applicant who receives a positive test result
on a Confirmatory Test has the right to receive a copy of the test
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result report and, within three (3) working days of notice of the
original positive Confirmatory Test result, to submit information
to the City in addition to any information already submitted to
explain that result, or within five (5) working days to notify the
City in writing of the employee's intention to obtain a
Confirmatory Retest of the original sample of the employee's or
job applicant's own expense.
b. If the Confirmatory Retest is conducted in accordance with rules
established by the Commissioner of the Minnesota Department of
Health by a qualified laboratory and if it is not positive, the City
shall reimburse the employee or job applicant for the actual cost
of the Confirmatory Retest in an amount not to exceed $10,000
and no adverse personnel action shall be taken against the
employee or job applicant based on the original Confirmatory
Test.
11. General Testing Procedures.
All testing will be performed by a licensed laboratories that certifies its
compliance with the requirements of Minnesota Statutes 181.95 et.seq.
When the City decides to test for drug or alcohol use on any of the
grounds, the following procedures shall apply:
a. Initial Screening Test
1) Acknowledgement.
Before the Initial Screening Test, the employee or job
applicant shall be informed of the City's testing policy and
given a form on which the employee or job applicant can
acknowledge being so informed. The form shall allow the
employee or job applicant to indicate any medication
(prescription, signed for, or over-the-counter) that the
individual is currently taking or has recently taken and
other information relevant to the reliability of or the
explanation for a positive test result. Medical information
disclosed on the form shall not be used as the basis for any
adverse personnel action.
2) If the Initial Screening Test produces a negative result,
written notice of such result will be given to the individual
who took the test within three (3) working days after the
City receives the test result report. The employee or
applicant will also be notified that they have the right to
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request and receive a copy of the test report.
3) The testing laboratory will perform a Confirmatory Test
on all samples that produce a positive test result on the
initial Screening Test.
b. Confirmatory Test.
If the Initial Screening Test produces a positive test result, a
second test (known as the Confirmatory Test) will be conducted
by the laboratory. If the Confirmatory Test is not positive, the
City will send written notice of this fact to the employee or job
applicant within three (3) working days after receiving the result.
If the Confirmatory Test produces a positive test result, the City
will take the following steps:
1) The City will send written notice of the positive test result
within three (3) working days after receiving it to the
employee or job applicant.
2) The employee or job applicant will be informed of the
right to receive a copy of the test result.
3) The employee or job applicant will be told of the right to
explain the positive result.
4) The employee or job applicant will be informed of the
right to request a Confirmatory Retest of the original
sample at the employee's or job applicant's expense. The
employee or job applicant has five (5) working days in
which to notify the City of this request in writing.
C. Confirmatory Retests.
After an employee or job applicant chooses to request a
Confirmatory Retest, the employee or job applicant has five (5)
working days within which to notify the City of this request in
writing. Within three (3) days of the receipt of such request, the
City will notify the original testing laboratory that it is to conduct
a Confirmatory Retest or transfer the sample to another certified
laboratory for retesting. If the Confirmatory Retest does not
confirm the original positive test result, no adverse personnel
action will be taken by the City. If the Confirmatory Retest is
positive, the City may withdraw its conditional offer of
employment to a job applicant or terminate an employee if such
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an employee chooses to participate in a chemical dependency
treatment or evaluation program.
d. Data Privacy.
Test result reports and other information acquired in the drug and
alcohol testing process are private data on individuals as defined
in Minnesota Statutes, Chapter 13, and may not be disclosed to
another employer or to a third party individual, governmental
agency, or private organization without the written consent of the
employee or applicant tested, unless otherwise permitted by law
or required by court order. (See Minnesota Statute 181.954, Subd.
2.)
12. Other Misconduct.
Nothing in this policy limits the right of the City to discipline or
discharge an employee on grounds other than a positive test result in a
Confirmatory Test. For example, possession but not consumption of a
controlled substance, the sale of a controlled substance on City premises,
or conviction under any criminal drug statute for a violation occurring in
the workplace, may by themselves, be grounds for discipline or
discharge.
Any City employee may be subject to discipline up to and including
termination for violation of this policy or any rules adopted by the City
with respect to the manufacture, use, sale, or transfer of drugs and
alcohol.
13. Administrative Responsibility.
a. The City Council shall be responsible for implementing this
Policy.
b. Each employee of the City shall acknowledge in writing their
notification of this policy.
C. Nothing set forth in this Drug and Alcohol Policy is intended to
conflict or interfere with the terms of a Collective Bargaining
Agreement, if any, between the City and its employees.
203.22 Resignation.
Any employee wishing to leave the municipal service of the City of Oak Park Heights in
good standing shall file a written resignation with the City Administrator at least
fourteen (14) days before leaving. The written resignation shall state the effective date
of the resignation and the reasons for leaving.
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A. Failure to comply with this procedure may be considered cause for denying such
employee future employment by the municipality and denying terminal leave
benefits.
B. Unauthorized absence from work for a period of three (3) consecutive working
days or more may be considered by the City Administrator as a resignation
without benefits.
203.23 Grievance Polic
It is the policy of the City, insofar as possible, to prevent the occurrence of grievances
and to deal promptly with those which do occur. When any grievance comes or is
directed to the attention of a supervisor or the City Administrator, they shall promptly
discuss all relevant circumstances with the employee. As appropriate, the supervisor
shall attempt to resolve the grievance immediately. If unable to adequately address and
resolve the grievance, the supervisor is to contact the City Administrator for resolution.
A. Dismissal.
Employees subject to the provisions of this Ordinance may be dismissed from the
municipal service of the City of Oak Park Heights by the City Council or the
City Administrator for just cause. Demotions or dismissals from municipal
service will be subject to Veteran's Preference legislation.
B. Right to A1212eal.
In all cases of suspension and dismissal, except at the end of the six (6) month
probationary period, the reasons for such action must be presented in a dated,
written statement to the employee. Upon the employee's dated, written request
to the City Administrator, file within five (5) working days of receipt of the
statement of reasons, an employee shall be granted a hearing before the City
Council. Said hearing is to be held no later than ten (10) days from the date of
filing of an employee request for a hearing.
203.24 Retirement.
Employees for the City of Oak Park Heights may work until they can no longer perform
the essential functions of the job.
A. PERA.
For most employees, the Public Employees Retirement Association (PERA) is a
mandatory program authorized by state law to supplement social security
retirement benefits for certain public sector employees. Under this plan, a
percentage of an employee's salary is automatically deducted from your
paycheck and an additional percentage is contributed by the City of Oak Park
Heights. These percentages are established by state law. The funds are
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forwarded to PERA and credited to the employee's account.
If an employee leaves employment with the City of Oak Park Heights
before retirement and they desire to withdraw the amount they have
contributed to PERA (employees may not receive the portion paid by the
City; it remains with PERA), the employee may request such a refund,
usually with interest. Withdrawal forfeits any potential retirement
payments which the contributions may have earned the employee. To be
eligible for PERA benefits, employees must be a member for the
minimum number of years required under current PERA regulations.
2. Each year, employees will receive correspondence from PERA detailing
contributions and other pertinent retirement information. Employees
should review the yearly information carefully to keep up-to-date on the
benefits accrued through the retirement fund.
For additional information, contact the Finance Department.
203.25 Seniori1y.
A. Seniority shall be determined by the employee's length of continuous
employment with the City and posted in an appropriate location. Seniority
rosters may be maintained by the City on the basis of time in grade and time
within a specific classification.
B. During the probationary period, a newly hired or rehired employee may be
discharged at the sole discretion of the City Council. During the probationary
period, a promoted or re -assigned employee may be replaced in his/her previous
position at the sole discretion of the City Council.
C. A reduction of the work force occurring within any job classification will be
accomplished on the basis of seniority within the job class. Employees shall be
recalled from layoff on the basis of seniority. An employee on layoff shall have
an opportunity to return to work within two (2) years of the time of his/her layoff
before any new employee is hired.
D. Vacation period shall be selected on the basis of seniority until March 15t' of
each calendar year.
E. Seniority shall prevail. Senior qualified employees shall have first preference on
the job.
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203.26 Severance Pay.
Employees who have completed ten (10) years of service with the City shall be entitled
to fifty (50%) percent of the unused sick leave as severance pay, such payment not to
exceed seventy-five (75) days maximum upon retirement or if they become disabled so
they must terminate their employment. In the case of death, their beneficiary shall be
entitled to their severance pay, such payment not to exceed seventy-five (75) days
maximum.
203.27 Extra Vacation PM.
Employees who maintain a sick leave balance of one hundred (100) days annually shall
receive one (1) additional day's vacation per year.
203.28 Longevity Pay or Incentive Pay.
Each employee will be given the choice between longevity pay and incentive pay, above
base pay. Once a choice has been made, however, that employee may not change to the
other additional pay program.
A. Longevity Pa.
If so chosen, and based on the satisfactory performance of assigned duties, such
employees shall be entitled to longevity pay, above base pay, as follows:
1. After four (4) years of service 3% of salary per month
2. After eight (8) years 5% of salary per month
3. After twelve (12) years 7% of salary per month
4. After sixteen (16) years 9% of salary per month
B. Incentive Pay.
If so chosen, employees shall be entitled to an educational and wellness incentive
pay as established by the City Council. This additional pay is determined by
participation in and completion of higher education and a health and wellness
program as determined by the City Council.
203.29 Employee Contributions to Charitable Organizations
A. Policy
The City of Oak Park Heights recognizes the community impact of non-profit
charitable service organizations that provide benevolent programs and services to
its citizens and surrounding area. Employees of the City of Oak Park Heights
may desire contribute to registered combined charitable organizations directly
from payroll, as defined in MN State Statute 309.50. The employee desiring to
make a payroll contribution must provide written documentation to the City
Payroll Department specifying the charitable organization and the requested
amount to be deducted each pay period from their net paycheck (post -tax).
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These funds shall be held in a liability account and paid out annually at the end
of the year or periodically as determined by the City, to the charitable
organization, any returned funds will be sent to a local charitable organization of
the City's choice.
B. Guidelines
For each charitable organization an employee wishes to contribute to,
they must provide a copy of the organization's 501 (c) 3 determination
letter. This determination letter must demonstrate that the organization
meets the following requirements:
Does not discriminate with respect to those classes of people
protected by law;
Is governed by a voluntary board of directors serving without
compensation, except for governmental units;
Makes available to the general public, on request, copies of its annual
report, including its most recent financial statement:
2. Employee involvement in charitable donations is strictly voluntary.
Any and all payroll deductions are post tax deductions.
4. The City reserves the right to terminate this policy and ordinance at
anytime.
5. At no time shall the City be responsible to provide funding to any
organization, all funds shall be derived from the employee.
6. The City will not process financial contributions to organizations
considered by the City to be inconsistent with stated policies and
guidelines.
Amended in whole: February 23, 1999
Amended: Section 203.09 K. Passed January 25, 2000.
Amended in whole: Passed February 26, 2002
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Amended: Section 203.175 added. Passed December 28, 2004
Amended: Section 203.29 added. Passed December 27, 2007
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a� Oak Park,%._
G
Date: April 8, 2025
New Business
TO: Mayor and City Council
FROM: Jacob Rife, City Administrator
AGENDA ITEM: Approve an Agreement with FER-PAL, an Agreement with the Owner of
6396 Lookout Trail and an Agreement with the Owner of 6400 Lookout Trail with the
Understanding that the City Administrator has Discretion to Select and Move Forward with the
Agreement(s) Most Advantageous to the City
BACKGROUND:
As the Council is aware, our Public Works staff have been working diligently to determine the best
approach to repair the complicated watermain break in the vicinity of 6396 Lookout Trail. To correct
the issue, we have narrowed our options to the following:
Option 1. Cured -in -Place -Pipe. This approach would line the existing water main and provide a
permanent (approximately 50-75 years) solution for the watermain. Option 1 also allows the City to
avoid additional costs such as a new water main to the south and removes the unknown for how to
address this unique section of watermain for the future. The estimated cost for this work is
approximately $150,000. We expect to have a quote by Tuesday. Option 1 is the recommended
approach.
Option 2. Garage Removal. If Option 1 is not viable, we fully expect the need to remove the
residential garage at 6396 Lookout Trail that is partially located within the utility easement. This
reality has been shared with the property owner and we continue to communicate with the garage
owner. If the garage must be removed, we do recommend that an agreement is executed between the
City and the property owner to make sure we both have the same understanding.
A. 6396 Lookout Trail
This agreement outlines the terms for the garage removal. All costs associated with the
garage removal would be covered by the City.
B. 6400 Lookout Trail
This agreement would outline the terms to access the property. Currently a utility easement
runs through the property at 6400 Lookout. We are under the presumption that the property
owner would prefer we access the subject area through his driveway rather than through his
yard (where the utility easement runs).
FINANCIAL IMPACT:
• Does action require expenditure of funds? Yes
• If yes, total cost: Varies depending on the option selected
• Budget line item: Water Fund
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• Budget amount: Unbudgeted
• Within budget? No, the watermain break was unbudgeted
ACTION REQUESTED:
Approve the agreements and allow the City Administrator to select and move forward with the
agreement(s) most advantageous to the City.
Page 120 of 122
a� Oak Park,%._
G
Date: April 8, 2025
New Business
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Agreement for Managed Information Technology Services
BACKGROUND:
At the January 28, 2025 City Council meeting, City Council authorized staff to release a
Request for Proposals for managed IT services for the City's computer and technology systems.
Staff sent the request to eight firms and posted the document on our website and the
League of Minnesota Cities marketplace with a due date of March 7, 2025. The City
received fifteen responses. A committee consisting of the City Administrator, Assistant City
Administrator, and Chief of Police reviewed the proposals and narrowed them down to two
finalists based on costs and experience with public safety technology. The committee conducted
interviews of the two finalists and is recommending that the City Council authorize staff to move
forward with canceling services with the City's current Information Technology provider and
authorizing an agreement with Computer Integration Technologies, Inc. (CIT) based out of
Woodbury, Minnesota.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes
• IF YES, TOTAL COST: $1,900 implementation fee and approximately $6,020 per
month, depending on services requested; estimated total cost for 2025: $50,060
• BUDGET LINE ITEM: Computer Contractual Services 101-40650-208
BUDGET AMOUNT: $63,200; current balance: $40,874.79
• WITHIN BUDGET? No. Any amount over the budget to come from Fund Balance
ACTION REQUESTED:
Authorize Staff to Sign an Agreement for managed information technology services with Computer
Integration Technologies, Inc (CIT), pending favorable recommendations from references and
subject to final attorney review and approval of the Agreement.
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