HomeMy WebLinkAboutCc203 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 Emplovment.
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
1
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 Employees Labor Relations Act Adonted.
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 Emnloyment Onnortunity.
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
2
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:
3
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.
F. Emplovment 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 Phvsical 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
4
end the employment relationship at any time during the probationary period with or
without cause or advance notice.
203.09 Organization.
A. Compensation.
1. 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.
1. 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.
3. 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.
5
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.
1. 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.
3. 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.
1. When you receive a call:
a. Answer promptly with a smile;
b. Identify yourself by giving your name;
6
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.
3. 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 Citv 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.
I. 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.
3. 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.
5. 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.
7
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 Citv Propertv.
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.
1. 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.
3. 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. Propertv Damage 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. Pav Days.
Paydays shall not be later than the 15 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.
J. Travel Expenses.
1. 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
8
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:
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.
L. Emplovment Records.
Employee records are maintained in the City Administrator's office. Laws
regarding data privacy are strictly enforced.
M. Access to Personnel Files.
1. 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
9
to review the information in a file are allowed to do so.
3. 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 / Compensatory 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. Eliiibility.
Sick leave with pay shall be granted to all probationary and permanent
employees according to the following schedule:
10
1. 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 Reauired.
In order for an employee to be eligible for sick leave with pay, he /she shall:
1. 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.
3. Submit a physician's written statement to department head, if requested,
for any absence exceeding three (3) consecutive days.
E. Penaltv.
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:
1. 0 thru 5 years of service 10 working days per year
(5/6 day per month)
11
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
A. Employees must take at least five (5) working days of said vacation days
consecutively each year.
B. Vacation time shall be taken in increments of not less than four (4) consecutive
hours.
C. When Taken.
1. 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.
D. 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. No sick leave benefits of any kind shall be granted upon termination of
employment.
B. Any employee leaving the municipal service after giving proper notice of such
termination of employment, shall be compensated for vacation leave accrued and
12
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.
1. 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 aay.
1. 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.
3. 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
13
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. Familv and Medical Leave Act.
1. 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. Eliiibility.
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.
14
3. Lenith 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. Jury Dutv.
A City of Oak Park Heights employee required to serve as a juror or under
15
subpoena as a witness in court shall be granted a leave of absence while serving
in such capacity.
1. 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.
3. 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.
1. 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
16
any one calendar year. Prior to retirement, employees may defer an additional amount
under a catch -up provision pursuant to IRS regulation.
203.16 Safety
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:
1. 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;
3. Observe and promote safe work habits;
4. Report injuries to supervisor immediately.
B. On The Job Iniurv.
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.
1. 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
17
employee portion of the premium is deducted from the employee's paycheck.
1. 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.
3. 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.)
1. 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.
3. Employees on unpaid leaves of absence may retain insurance coverage at
their own expense.
4. Contact the Finance Department for additional information.
C. Disabilitv 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
18
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 Policv.
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.
1. 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
19
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.
3. 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
20
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 Policv.
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
21
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 Policv.
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
22
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.
1. 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.
3. 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
23
appropriate.
G. Drug and Alcohol Testing.
1. 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.
3. 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
24
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.
i. "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.
j. "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 may occur:
Any employee or job applicant of the City may be tested under the
25
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
26
"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.
i. 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 Drug Testing:
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
27
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 Generallv.
a. Initial Screening Test (Emolovee)
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
28
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 Test.
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 Emvlovee 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
29
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
30
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
31
an employee chooses to participate in a chemical dependency
treatment or evaluation program.
d. Data Privacv.
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.
32
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 Policv.
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 Anneal.
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
33
forwarded to PERA and credited to the employee's account.
1. 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.
3. For additional information, contact the Finance Department.
203.25 Senioritv.
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 15 of
each calendar year.
E. Seniority shall prevail. Senior qualified employees shall have first preference on
the job.
34
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 Pay.
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 Pav 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 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:
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 Emvlovee 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).
35
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
1. 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.
3. 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
36
Amended: Section 203.175 added. Passed December 28, 2004
Amended: Section 203.29 added. Passed December 27, 2007
37