Part 5. Personnel Policy
205.01. Purpose. This section is intended to establish a
uniform and equitable system of personnel administration for employees of the
city.
205.02. Scope of ordinance. Subdivision 1. Personnel
covered. Except as otherwise
specifically provided, this section applies to all employees of the city except
the following:
1. All elected officials;
2. The city attorney and the health officer;
3. Members of city boards, commissions, and
committees;
4. Volunteer firefighters and other volunteer
personnel;
5. Emergency employees;
6. Other employees not regularly employed in
permanent positions.
Subd. 2. Provisions superseded in certain cases. Any employee included in a collective
bargaining agreement entered into in accordance with the Public Employment
Labor Relations Act (Minn. Stat. 179A.01 to 179A.25) shall be exempt from any
provision of the section which is inconsistent with such agreement. Any employee within the jurisdiction of a
personnel board or civil service commission established under Minn. Stat.
Chapters 44, 419, or 420 is exempt from any provision of this part which is
inconsistent with such statute or rules and regulations adopted
thereunder. Nothing in this part is
intended to modify or supersede any provision of the veterans' preference act,
Minn. Stat. Sections 197.455, 197.46 and 43A.11.
205.03. Appointments. Every appointment to municipal service shall
be made by the appointing authority on the basis of merit and fitness for the
position. When required by law or by the
council, merit and fitness shall be ascertained by written, oral, or other examinations designed to evaluate the ability
of the candidate to discharge the position for which the examination is held.
205.04. Probationary period. Subdivision 1. Purpose. The probationary period is an integral part
of the selection process and shall be utilized for observing the employee's
work, for securing the most effective adjustment of the employee to the
position, and for rejecting any employee whose performance does not meet the
required work standards.
Subd. 2. Duration. Every original appointment and every
promotional appointment is subject to a probationary period of six months after
appointment.
Subd. 3. Termination. The appointing authority may terminate a
probationary employee at any time during the probationary period if in the
appointing authority's opinion the working test indicates that the employee is
unable or unwilling to perform the duties of the position satisfactorily or
that the employee's habits and dependability do not merit continuance in the
position. The employee so terminated
shall be notified in writing of the reasons for the termination and shall not
have the right to appeal unless the employee is a veteran, in which case the
city should follow the procedure in Minn. Stat. Section 197.46.
A permanent
employee terminated during the probationary period from a position to which the
employee had been promoted or transferred shall be reinstated to a position in
the class from which he or she was promoted or transferred unless the employee
is discharged from the city service as provided in the rules. If a permanent employee promoted or
transferred to a position not in the competitive service is terminated from
that position, the employee shall be reinstated to a position in the class from
which he or she came unless the employee is discharged as provided by the
rules.
Subd. 4. Completion. Immediately prior to the expiration of the
probationary period, the department head shall notify the council in writing
whether or not the services of the employee have been satisfactory and whether
or not the employee will be continued. If the notification states that the employee will be continued, the
employee shall become a permanent employee at the end of the probationary
period.
205.05. Compensation. Subdivision 1. Amount. Employees of the city shall be compensated
according to the schedule the city council establishes. Any wage or salary the council so establishes
is the total remuneration for the employment, but shall not be considered as
reimbursement for official travel or other expenses which may be allowed for
the conduct of official business. Unless
approved by the council, no employee shall receive pay from the city in
addition to the salary authorized for the position to which the employee
had been appointed.
Subd. 2. Equitable compensation relationships. Subject to Minn. Stat. 179A.25 but
notwithstanding any other law to the contrary, the city shall establish
equitable compensation relationships as prescribed by Minn. Stat. Sections
471.991 to 471.999. Compensation of each
class of city positions shall be fixed in compliance with the provisions of those
statutes.
Subd. 3. Temporary
and part-time employees. Whenever an
employee works for a period less than the regularly established number of hours
a day, days a week, or weeks a month, the amount paid shall bear the same
relationship to the full-time rate for the positions as the time actually
worked bears to the time required for full-time service. Temporary employees are not entitled to sick
leave, vacation leave, or holidays with pay.
Subd. 4. Overtime. Employees to whom the federal fair labor
standards act applies shall be compensated for overtime work at one and
one-half times their regular rate of pay. Compensatory time off shall be taken as approved by the department head
for periods of not less than four hours at a time.
Subd. 5. Paydays. Employees shall be paid monthly on the last
day of the month. When a pay day falls on a holiday or weekend, employees shall
receive their pay the preceding work
day.
205.06. Work hours. Work schedules for personnel shall be
established by the appropriate department head with the approval of the
council. The regular work week for
employees is five eight-hour working days in addition to a lunch period, Monday
through Friday, except as otherwise established by the department head in accordance with custom and
needs of the department.
205.07. Vacation leave with pay. Subdivision 1. Amount allowed. Every permanent employee having less than
five years consecutive full-time service shall earn vacation leave at the rate
of five (5) working days in each calendar year after one full year of
service. Each permanent employee with at
least five but less than 10 consecutive years of full-time service shall earn
vacation leave at the rate of ten (10) working days in each calendar year; and
each permanent employee with at least 10 years of consecutive full-time service
shall earn vacation leave at the rate of 15 working days in each calendar year.
Subd. 2. Accrual. There shall be no accrual of vacation leave
to following calendar years.
Subd. 3. When
taken. Vacation leave may be used as
earned, subject to approval by the council of the time at which it may be
taken.
Subd. 4. Terminal
leave. Any employee leaving the
municipal service in good standing after giving proper notice of such
termination of employment shall be compensated for vacation leave accrued and
unused to the date of separation.
205.08. Sick leave, Death leave. Subdivision 1. Amount. Every probationary and permanent employee is
entitled to sick leave with pay at the rate of 1/2 day for each calendar month
of full-time service or major fraction thereof. Sick leave may be accumulated to a maximum of 6 days and may be granted
in units of not less than two hours or 1/4 of a work day. Death leave may also be granted for a maximum
of 2 (two) days for death of any employee's spouse, child, grandchild, parent, grandparent, brother, sister,
son-or-daughter-in-law, or the death of a spouse's parent. Additional time necessary for a death leave
will be taken from vacation or sick leave.
Subd. 2. Purposes. Sick leave may be granted to employees not on
personal leave when the employee is unable to perform work duties due to
illness, disability, the necessity for medical, dental, or chiropractic care,
childbirth or pregnancy disability, or exposure to contagious disease where
such exposure may endanger the health of others with whom the employee would
come in contact in the course of performing work duties. Sick leave may be used for additional death
leave when circumstances warrant, to be approved by supervisor.
Sub.d 3. Proof. To be eligible for sick leave with pay, any
employee shall 1) report as soon as possible to the employee's department head the reason for the absence;
2) keep the department head informed of the employee's condition and if the
absence is of more than five days' duration submit a medical certificate for
any absence.
Subd. 4. Penalty. Using or claiming sick leave for a purpose
not authorized by subdivision 2 may be cause for disciplinary action under
Section 205.17.
Subd. 5. Applicability
to leave benefits. During the
probationary period following an original appointment, an employee is not
entitled to sick leave or vacation leave. After the end of the probationary period, an employee is entitled to
sick leave and vacation leave accrued from the start of probationary
employment.
205.09. Military leaves. Every employee to whom Minn. Stat. Section
192.26 or 192.261 or U.S.C.A., Title 38, section 2021 applies is entitled to
the benefits afforded by those sections subject to the conditions therein
prescribed.
205.10. Parental leave. An employee who works 20 or more hours per
week and has been employed more than one year is entitled to take an unpaid
leave of absence in connection with the birth or adoption of a child. The leave may not exceed six weeks, and must
begin not more than six weeks after the birth or adoption of the child. The employee is entitled to return to work at
the same position and the same rate of pay the employee was receiving prior to
commencement of the leave. Group
insurance coverage, if such is provided, will remain in effect during the
leave.
205.11. Leaves without pay. The council may grant any permanent employee
a leave of absence without pay for a period not exceeding 90 days, and may
extend such leaves to a maximum period of one year in case the employee is
disabled or where extraordinary circumstances, in the council's judgment
warrant such extension. No vacation
benefits shall accrue during a leave of absence without pay, nor shall paid sick
leave be granted to individuals on unpaid leave.
205.12. Jury or witness duty. When an employee performs jury duty or is
subpoenaed as a witness in court or voluntarily serves as a witness in a case
in which the city is a party, the employee is entitled to compensation from the
city equal to the difference between the employee's regular pay and the amount
received as a juror or witness.
205.13. Rest periods and holidays. Subdivision 1. Rest
periods. Every regular employee,
when working under conditions where a break period is practicable shall be
granted a 15-minute break period in each half of the employee's shift. Each department head shall schedule rest
periods so as not to interfere with work requirements.
Subd. 2. Holidays. The following calendar days, and such other days as the council may fix,
are paid holidays: New Year's Day,
January 1; Martin Luther King Day, the third Monday in January; Washington's and Lincoln's Birthday, the
third Monday in February; Memorial Day, the last Monday in May; Independence
Day, July 4; Labor Day, the first Monday in September; Veteran's Day, November
11; Thanksgiving Day, the fourth Thursday in November; Christmas Eve Day,
December 24, and Christmas Day, December 25. All employees in regular positions are entitled to time off with full
pay on holidays. The city hall shall be
closed for business on each such holiday, but employees may be required to work
on paid holidays when the nature of their duties or other conditions
require. An employee required to work on
a holiday shall receive another day off within 30 days thereafter as the
department head determines unless consideration is given to this factor in
determining work schedules. When New
Year's Day, Independence Day, Veterans' Day or Christmas Day falls on Sunday,
the following Monday is a paid holiday, and if any such day falls on Saturday,
the preceding Friday is a holiday. Each
holiday commences at the beginning of the first shift on the day on which the
holiday occurs and continues for 24 hours thereafter. Eligible employees shall receive pay for
official holidays at their normal rate of pay if they are at work or on a leave
of absence with pay during the last regular shift to which they would have been
assigned prior to the holiday and the first regular shift to which they would
have been assigned following the holiday. In addition to meeting the foregoing criteria, part-time employees are
entitled to pay on a holiday only if they would normally be scheduled to work
on the day of the week designated as the holiday, and they shall be paid only
for the number of hours they would have worked.
205.14. Resignation. Any employee wishing to leave the municipal
service in good standing except for mandatory retirement under Section 205.18
shall file with his or her department head, at least 14 days before leaving,
written resignation stating the effective date of the resignation and the
reason for leaving. Failure to comply with this procedure may be considered
cause for denying the employee future employment by the city and denying terminal leave benefits. Unauthorized absence from work for a period
of three working days may be considered by the department head as a resignation
without such benefits.
205.15. Grievance policy. It is the policy of the city insofar as
possible to prevent the occurrence of grievances and to deal promptly with
those which occur. When any employee
grievance comes to the attention of a supervisory employee or councilmember,
the supervisor shall discuss all relevant circumstances with the employee, and
the employee's representative if the employee so desires, consider and examine
the causes of the grievance, and attempt to resolve it to the extent of the
supervisor's authority to do so. If the grievance is not dealt with
satisfactorily at that level, the grievance may be carried up to the next
higher administrative level, including the council. If the grievance relates to sexual harassment
this procedure shall not apply. The
grievance procedure set out in the sexual harassment policy shall take
precedence.
205.16. Layoffs. After at least two weeks' notice to the
employee, the council may lay off any employee whenever such action is
necessary because of shortage of work or funds, the abolition of a position, or
changes in organization. No permanent or probationary employee shall be laid
off while there is a temporary employee serving in the same class of position
for which the permanent or probationary employee is qualified, eligible, and
available.
205.17. Discipline. Subdivision 1. In
general. City employees shall be
subject to disciplinary action for failing to fulfill their duties and
responsibilities including observance of work rules adopted by the
council. It is the policy of the city to
administer disciplinary penalties without discrimination. Every disciplinary action shall be for just
cause and the employee may demand a hearing or use the grievance procedure of
Section 205.15 with respect to any disciplinary action which the employee
believes is either unjust or disproportionate to the offense committed. The
supervisor or department head shall investigate any allegation on which
disciplinary action might be based before any disciplinary action is taken.
Subd. 2. Disciplinary action steps. Except for
severe infractions, disciplinary action against any employee shall be
progressive and follow the steps listed below in numerical order:
1. Oral
reprimand.
2. Written
reprimand. A written reprimand shall
state that the employee is being warned for misconduct; describe the
misconduct; describe past actions taken by the supervisors to correct the
problem; urge prompt correction or improvement by the employee; include
timetables and goals for improvement when appropriate; and outline future
penalties should the problem continue. The employee shall be given a copy of the reprimand and sign the
original acknowledging that he or she had received the reprimand. The signature of the employee does not mean
that the employee agrees with the reprimand. The reprimand shall be placed in the city's file on the employee but
shall be removed from the file after two years from the date of issuance if
there has been no subsequent reprimand and no other disciplinary action has
been instituted.
3. Suspension with pay. Prior to the
suspension or as soon thereafter as possible, the employee shall be notified in
writing of the reason for the suspension and its length. Upon the employee's return to work, the
employee shall be given a written statement outlining further disciplinary
actions should the misconduct continue. Any employee may be suspended pending investigation of an allegation. A
copy of each written statement shall be placed in the employee's personal file,
but if the suspension is for investigation and the allegation proves
false, the statement shall be removed
and the employee shall receive any compensation to which the employee would
have been entitled had the suspension not taken place.
4. Dismissal. The council may dismiss any employee, but if
the employee has completed the probationary period, a dismissal shall be made
only for just cause. A dismissed
employee will be notified by the previous posting of a summary of Minn. Stat.
Sections 181.931 to 181.935 or by furnishing the terminated employee a copy of
those statutes at termination that he or she has a right to make a written
request for the city's reasons for jurisdiction. If requested, the city will provide reasons,
in writing, within five working days. This notice will contain, along with reasons, rights contained in the
veteran's preference law if the employee is a veteran; a statement indicating
that the employee may respond to the charges both orally and in writing and
that the employee may appear personally before the official having authority to
make or recommend the final decision; and a statement that the employee is
entitled to to a hearing on request under Subdivision 4 of this section. If such a hearing is held, the dismissal
shall not become effective until after the hearing.
Subd. 3. Other
disciplinary actions. The following
other disciplinary actions may be taken against any employee after steps 1 and
2 above have been followed:
a. Involuntary demotion.
b. Forced transfer to a comparable position.
c. Withholding a salary increase or decreasing
the employee's salary.