HomeMy WebLinkAbout2001-12-05 PACKET 04.F.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #�, /
DATE 12/5/01 , r.
PREPARED BY; Administration Michelle Wolfe
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST:
Consider adopting the resolution updating the personnel policy.
STAFF RECOMMENDATION:
Adopt the resolution.
SUPPORTING DOCUMENTS:
� MEMO/LETTER: Memo from Michelle Wolfe dated 11/30/01.
� RESOLUTION: Draft.
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS:
� � 3D
ity Administrator Date
�.
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Document2
City of Cottage Grove
Memo
To: Honorable Mayor and City Council , � �
^� �,q'i 7
From: Michelle Wolfe, Assistant City Administrator ; d I i,� �
Date: 11/30/01 '
Re: Personnel Policy
Attached is a Resolution to update the City's Personnel Policy. We are currently
working on a number of changes, as discussed with City Council a few months
ago. However, at this time we had a few we wanted to proceed with while we
research others.
Pages 6-7 Recruitment
City Council already approved the changes shown in strikeout and underline at
the October 17 meeting. These changes are simply being incorporated into the
full document attached. These changes are in relation to hiring authority and
examinations during the recruitment process.
2. Page 10 Dismissal
This was discussed with the City Council at a workshop. The language proposed
is mandated by State law, and has to do with providing an employee with the
ability to have a hearing before the hiring authority once he/she is notified of
intent to terminate employment.
3. Page 11 Benefits
This is a change to make the personnel policy consistent with a change that was
made to the Clerical contract in 2000. For part-time employees, the proposed
change is that an empioyee must work 20 hours or more to be eligible for part-
time benefits. The current language states "more than 20 hours."
F:\GROUPSIPER_ECON\Personnel\POlicies\December 0� llpdate.doc
REQUESTED ACTION
Adopt the attached resolution adopting a personnel policy for the City of Cottage
Grove, repealing resolutions 00-43 and 01-166.
NOTE:
Resolution 00-43 was that last time we adopted the entire personnel policy.
Resolution 01-166 was the resolution approving the changes to the recruitment
policy (October 2001.)
Attachment
MAW
F: 01 Update.doc
RESOLUTION NO. 01-
RESOIUTION ADOPTING A PERSONNEL POLICY FOR THE CITY OF COTTAGE
GROVE, REPEALING RESOLUTIONS 00-43 & 01-166
TABLE OF CONTENTS
Section
7 Purpose and Application
2 Definitions
3 Personnei Files
4 Job Classification and Pay Plan
5 Work Time
6 Recruitment and Selection
7 Probationary Appointments
8 Seasonal/Temporary Employees
9 Grievances
10 Disciplinary Action
11 Non-Disciplinary Separation
12 Employee Safety
13 Examination
14 Benefits
15 Temporary Light Duty Policy
16 Leave Policy
17 Compensatory Time
18 Travel, Training and Education
19 Nepotism
20 Offensive Behavior
21 Electronic Media Usage Policy
22 Non-Discrimination Policy
23 Savings Clause
-�, . ...
Page
2
2
4
4
5
6
7
7
8
9
10
10
10
11
13
14
16
16
26
27
28
31
31
Resolution No. 00-43
Page 2
SECTION 1. PURPOSE AND APPLICATION
1.1 The purpose of the policy is to establish and maintain a reasonable system
for administration of all personnel matters in the City of Cottage Grove. These procedures
shall be administered by the City Administrator who may delegate the responsibility of
assisting in the administration of these personnel policies and procedures.
1.2 The City reserves the right to operate and manage its affairs in all respects
in accordance with existing and future laws and regulations. These rights shall specificaliy
include, but not be limited to, the right to adopt, amend, repeal, interpret or terminate the
personnel policy and work rules without prior notice. Any prerogative or authority, which
the City has not specifically abridged, delegated or modified by this policy, is retained by
the City. The City further reserves the right to make reasonable variations from this policy
where it is determined that a strict and literal application of the policy would cause an
undue hardship on the City, its empioyees, or an individual employee.
1.3 When there is conflict with the personnei policy, the foilowing order of
precedence shali apply:
A. All applicabie state and federal laws.
B. Labor agreements.
C. Personnel policy.
�. Departmental rules.
1.4 The provisions of this ordinance shall apply to all o�ces, positions anc
employment of the City, except:
A. Elected officials, appointed commission members, or volunteers.
B. Persons engaged under contract to supply expert, professional,
technical, or any other service.
C. Temporary employees who are hired to meet immediate
requirements of an emergency condition.
1.5 Ca tions. This policy shall be subject to all applicable state and federal
laws, as well as City ordinances.
SECTION 2. DEFINITIONS
The following words and terms shall have the meaning as defined herein, uniess the
context indicates othennrise.
A. Appointing Authority - The City Council or City o�cer to whom the Council has
delegated authority to appoint personnel.
B. Benefits - Privileges or non-monetary compensation granted to employees that
are included in the total compensation to employees.
C. Compensatory Time - For exempt empioyees, the same amount of time off work
as the employee has overtime hours worked. For non-exempt employees, time off
work at one-and-one-haif times the number of overtime hours worked.
Resolution No. 00-43
Page 3
D. Demotion - The change of an employee's status to a position of a lower rank or
grade.
E. Department - A branch of City administration with responsibility for one or several
assigned functions.
F. Department Head - The supervisor of a department.
G. Eligible - A person who has qualified for a position and whose name is on an
eligibility list.
H. Exempt Employees - Those employees not covered by the provisions of the
Federal Fair Labor Standards Act.
I. Full-time - Any employee whose position requires at least forty (40) hours per
week or two thousand eighty (2,080) hours per year empioyment.
J. tmmediate Family Member - The following persons related to the employee shall
constitute an immediate family member: spouse, child, parent, grandparent,
parent-in-law, grandparent-in-law, sibiing-in-law or sibling.
K. Job Classification - A group of positions su�cientiy alike in duties, qualifications,
authority and responsibility to warrant the same job title, grade and pay schedule
for all positions in the group.
L. Job Description - The written description of a job containing a title, a statement of
duties, authority and responsibilities of the job, and the qualifications deemed
necessary andlor desirable for the satisfactory perFormance of the duties of the
job.
M. Lay-off - The separation of an employee from employment due to elimination of a
position.
N. Non-Exempt Employees - Those employees covered by the Federal Fair Labor
Standards Act.
O. Overtime - Time worked in excess of forty (40) hours per week or in excess of the
employee's normal work schedule as established by the employer.
P. Part-time - An employee whose position requires less than forty (40) hours per
week or two thousand eighty (2,080) hours per year employment.
Q. Pertormance Report - A review of an employee's performance by the employer's
supervisor to communicate an employee's strengths or deficiencies, as well as
expectation for improvement.
R. Personnel Director - The supervisor of the Personnel Office who assists in the
Resolution No. 00-43
Page 4
administration of the personnel policies and procedures.
S. Probationary Employee - Any employee who is working in a position for the initial
twelve-month period of employment in that position.
T. Probationary Period - The initial twelve-month period of employment in any
position.
U. Promotion - An advance in position from one classification or grade to a higher
classification or grade.
V. Promotional Exam - A test to determine whether an employee is eligible to
advance from one classification or grade to higher classification or grade.
W. Protected Class Member - A person who by reason of race, color, age, sex,
creed, national origin, religious affiliation, marital status, sexuai orientation,
disability or status with regard to public assistance is afforded protection under the
Minnesota Human Rights Act (Minn. Stat. 363.01, et seq.), and related federai
statutes.
X. Regular Employee - An employee whose position with the City is for an ongoing
(non-temporary) period and who has successfuily completed the probationary
period.
Y. Temporary Employee - An employee hired for a position of limited or indefinite
duration.
Z. Transfer - A change of an employee from one position to another position in the
same comparable class and pay range.
SECTION 3. PERSONNEL FILES
3.1 The City Administrator or designee shail maintain a separate employment
file for each employee. Each file shall contain a record of each classification of each
position the employee has held with the City and shall aiso contain a record of all
personnel action regarding the employee including examination records, pertormance
reports, disciplinary proceedings, demotions, promotions, salary changes and any other
documents relevant to City employment.
SECTION 4. JOB CLASSIFICATION AND PAY PLAN
4.1 Preparation and Adoption
A. The Personnel Director and the City Administrator shall prepare a
recommended job classification and pay plan which shall recommend the
minimum and maximum rates of pay for each job position not covered by a
labor contract.
Resolution No. 00-43
Page 5
B. Each job position shall be assigned a salary range based upon, but not
limited to, the following factors:
��)
�2)
(3)
(4)
(5)
(6)
An evaluation of the know-how,
working conditions of the position
The duties and rates of pay for
comparable or not
accountability, problem-solving and
other job classifications, whether
The prevailing rates of pay for comparable positions in both public
and private employment in the appropriate labor market
The cost of living as measured by the Bureau of Labor Statistics and
Consumer Price Index
The value of fringe benefits provided by the empioyer
Financiai and fiscal policies and consideration of the City, and other
pertinent economic factors
4.2 Annual Review, Amendment and Modification. Each fiscal year, the City
Council shall review the pay plan, and adopt salary ranges for each classification for that
fiscai year. The City Council may modify salary ranges at any time.
4.3 Hourly Rates of Pay. The City Councii shall estabiish hourly rates of pay for
all positions not covered by the classification and pay plan.
4.4 Overtime Compensation. All employees considered "non-exempY' under the
Federal Fair Labor Standards Act are eligible for overtime.
SECTION 5. WORK TIME
5.1 Working time is for work. Working time describes the entire workday as
scheduled per department. Work time should be spent on assigned tasks. Employees
should not use work time for personal or other non-City business. If an employee needs
to spend work time on things other than city business, prior approval from the supervisor
is required.
5.2 Meal Breaks: Employees are allowed, paid or unpaid, (dependent upon
department rules or union contract); meal breaks during the course of the workday.
5.3 Non-solicitation: Solicitation by employees for any purpose is prohibited
during the working time of the employee who is soliciting and the empioyee being
solicited. This shall include canvassing, collection of funds, pledges, taking orders or
subscriptions, circulation of petitions, solicitation of inemberships or any similar type of
activity. Exceptions � be made with prior approval of the City Administrator or
designee. Distribution of literature by employees including handbills, leaflets, circulars or
other similar material is prohibited at any time in any working area.
5.4 Personal Use of City Property: Employees will not use or rent City property
for their own personal use unless authorization is received in advance from the
department head and the City Administrator.
Resolution No. 00-43
Page 6
SECTION 6. RECRUITMENT AND SELECTION
6.1 All appointments shall be made by the City Administrator on the basis of
merit and fitness for the position. Merit and fitness may be determined by written, oral
and/or other job-relevant examination, as well as by consideration of education, past
experience and other job-relevant qualifications. The City Council shall confirm al1
appointments to certain mana ement and superviso positions as defined per resolution
#aA-E+aae-�siFie�s.
6.2 Announcement. A public notice of the time and place to apply for a position
shall be published once in the official publication of the City, or in a newspaper of general
circulation of the City at least five calendar days in advance of the deadline for
application. Notice shall be required for all positions (with the exception of entry level
Police O�cer) except that applications may be limited to current City employees where
the City Administrator has determined qualified candidates are available in-house. Inter-
office notification shali occur at the same time as public notice. The notice shall specify
titie and salary range of the available position, the manner of making applications, the
closing date for accepting applications, job-relevant minimum requirements and other
pertinent information.
6.3 Application Form. Unless otherwise stipulated by the Personnei Office,
applications shall be made on written forms.
6.4 Examination. If examination is required for a position, the examination shall
be administered by the Personnel Office at a time and place established by the Office.
Upon receipt of the examination results, the Personnel Office sha�l notify each person
taking the examination in writing of the results of the examination. Examination scores will
be adjusted in accordance with the provisions of the Veteran's Preference Act where
applicable.
6.5 Community/Current Employee Preference. Preference may be given to
Cottage Grove residents and/or current empioyees when, in the opinion of the appointing
authority, job-relevant qualifications are approximately equal and such preference is not in
conflict with other City policies (i.e. equal employment opportunity).
6.6 Application Review. The Personnel Office shall review all applications and
conduct job-relevant background reviews. The Personnel Officer shall reject any appiicant
not meeting minimum qualifications required for the position, shall screen applications to
determine candidate qualifications and may then conduct initial interviews of the
appiicants whose qualifications are best-suited for the position.
The Personnel Officer shall then submit a list of names of eligible candidates to the
Department Head.
6.7 Interview Board. The interview board shall interview those persons whose
names have been submitted as the eligible candidates, and shall, thereafter, make
recommendations to the City Administrator for appointment to the position. All
Resolution No. 00-43
Page 7
appointments shall be made based upon experience, qualifications, examination resuits,
if required, and the recommendation of the interview board.
6.8 Disqualification of Application. An applicant may be rejected at any time if the
applicant fails to respond at any stage of the selection process.
6.9 Post-offer examination. For certain City p
examinations may be required. These may include a
to require a
and
�sycnoiogical exam
examination for an�
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SECTION 7. PROBATIONARY APPOINTMENTS
post offer
I examination,
uncil reserves
Appiicants sF
7.1 Probationary Appointment. Each employee appointed to or promoted to a
position shall be subject to a twelve (12) month period of probation.
7.2 Additional Performance Reports. During the probationary period, an employee
shall undergo perFormance evaluations.
7.3 Demotion. At any time during the probation period, a promoted employee may
be reassigned to the employee's former job at the sole discretion of the City. An
employee serving a probationary period, due to promotion from a prior position, may
return to his/herjob if the employee's prior position is still vacant.
7.4 Removal or Dismissal. Any employee may be discharged for any reason
during his/her probationary employment period, and shall not be entitled to file a
grievance, or have any review or hearing on that discharge, except as provided by the
Veteran's Preference Act.
7.5 Satisfactory Completion. An employee satisfactorily completing the
probationary period shali be appointed to regular employment and status by
recommendation of the City Administrator and action of the City Council.
SECTION 8. SEASONAL/TEMPORARY EMPLOYEES
8.1 All seasonal/temporary appointments shall be made by the City
Administrator on the basis of inerit and fitness for the position. Unless otherwise
stipulated by the Personnel Office, applications shall be made on written forms.
8.2 Holidays: No seasonai/temporary employees will receive holiday pay for
time not worked. If a temporary or seasonal employee works on a city holiday, as
defined by the City's Personnel Policy, they shall be paid time and one-half for the
hours worked on that holiday.
8.3 Overtime: Seasonal/temporary employees shail be paid overtime after 40
hours worked in a week.
Resolution No. 00-43
Page 8
8.4 Schedule: If a seasonal/temporary employee is limited in the number of
days they can work during the year (for example, by union contract or PELRA
restrictions), then the employee must work a pre-arranged schedule.
8.5 Minors: The City will allow hiring of minors age 15 —17 for certain
designated positions and with pre-approval from the City administrator or designee.
The employment of minors shall conform to all applicabie state and federal laws. Minors
may not be employed during school hours unless they have special permission from
their school superintendent and parents, according to applicable state law. Minors in
high school under the age of 18 cannot work before 5:00 AM on school days, or after
11:00 PM the evening before a school day. Minors who are not in high school cannot
work before 7:00 AM and after 9:00 PM. Minors cannot work more than forty (40) hours
in a week or more than eight- (8) hours in any 24-hour period. The City shall have the
discretion to utilize more restrictive rules when necessary to accommodate the needs of
the City.
SECTION 9. GRIEVANCES
9.1 Grievance Procedure. The following grievance procedure shafl be followed by
all employees except those covered by the terms of a collective bargaining agreement. in
all cases, grievances must be filed by the employee adversely affected by the action of
the City.
Step 1: Any aggrieved employee shall first file his/her grievance, in writing, with
his/her immediate supervisor within ten (10) working days of the action from
which the grievance arises or the date upon which the employee became
aware of the action. In cases where the employee has been adversely
affected by an action administered by a City employee of a higher rank than
that of his/her immediate supervisor, the affected employee shall file his/her
grievance, in writing, with the City employee whose action the adversely
affected employee is grieving. Notice must include the following:
(1) Statement of the grievance and relevant facts;
(2) The remedy sought; and
(3) The specific provision of the Personnel Policy violated (if applicabie).
The supervisor shall respond to the grievance, in writing, within ten (10)
working days.
Step 2: If the employee is dissatisfied with the response of his/her supervisor, the
employee may, within ten (10) working days from the date of the response,
appeal the grievance to his/her Department Head. The Department Head
shail respond to the grievance, in writing, within ten (10) working days.
Step 3: If the employee is dissatisfied with the response of the Department Head,
he/she may, within ten (10) working days, appeal to the City Administrator.
The City Administrator shall respond to the grievance, in writing, within ten
(10) working days.
Resolution No. 00-43
Page 9
Step 4: If the employee is dissatisfied with the decision of the City Administrator,
he/she may appeai in writing to the City Council within ten (10) working
days of his/her receipt of the City Administrator's decision. The City Council
shall consider the written appeal, along with the City Administrators Step 3
response, and any other pertinent information developed throughout the
grievance procedure. The Council shall then decide whether to a�rm the
City Administrators decision or consider the issue anew. In general, Council
review will be limited to interpretation of this Personnel Policy and will not
relate to issues of fact.
An aggrieved employee may be assisted in the presentation of his/her grievance by any
person acting in an advisory capacity to assist in presenting all facts relevant to the
grievance. At any step in the grievance procedure, the supervisory authority may request
additional information, or conduct additional investigation, as he/she deems necessary.
Failure to conform to the time requirements set forth above shall constitute a
waiver of further steps in the above procedure.
9.2 Waivers. Time limits set forth in the grievance procedure may be waived, upon
written consent of both parties. Any one or more of the steps set forth above may be
waived by written consent of the employee and the designated employer representative
to whom the grievance is being submitted.
9.3 Processing of Grievances. The hearing and presentation of grievances shali be
accomplished during ordinary working hours when consistent with employee duties and
responsibilities. An aggrieved employee shali be allowed a reasonable amount of time,
without loss of pay, to present evidence concerning his/her grievance.
SECTION 10, DISCIPLINARY ACTION
10.1 Any employee in the service of the City may be disciplined for cause. The
method of and procedure for disciplinary action shall be determined as indicated below.
Disciplinary actions are not progressive, but will be commensurate with the seriousness of
the infraction. Demotions and dismissals shall have prior approval of the City Council.
A. Reprimand. An employee may be given an oral or written reprimand by
his/her superior or the City Administrator.
B. Suspension. The City Administrator may suspend an employee without
pay for up to thirty (30) days for discipiinary reasons.
C. Demotion. An employee may be demoted by the City Administrator for
inefficient perFormance of his/her duty, for disciplinary reasons, or for good
and sufficient reasons.
D. Dismissal. O�cers and employees subject to the provisions of this
resolution may be removed from City employment for cause. Dismissai for
Resolution No. 00-43
Page 10
cause may be grounds for denial of the employee's severance benefits. .
Prior to dismissal, the employee's department head. Citv Administrat�r
nee Snall notlty the emolovee in
or
to
the employee.
to
E. Employee Assistance/Decision-Making Leave. As an alternative to, or in
concurrence with the above disciplinary steps, the Department Head and/or
City Administrator may refer an employee for professional assistance. The
Department Head and/or City Administrator may also grant a one-day, paid
decision-making leave to an employee prior to finai action on demotion or
dismissal.
SECTION 11. NON-DISCIPLINARY SEPARATION
11.1 Layoff. Layoff may occur at any time due to lack of work, lack of funding,
elimination of position, or other cause, as determined at the sole discretion of the City.
11.2 Resignation. Any employee wishing to resign from City service, in good
standing, shall file with his/her Department Head, at least fourteen (14) calendar days
prior to separation, a written resignation stating the effective date thereof. The employee's
termination date must be a day worked, not a paid leave day.
SECTION 12. EMPLOYEE SAFETY
The City shali provide employees a work environment and conditions of
employment free from hazards likely to cause injury or harm to the employee. All
departments shall maintain safety programs, and shall provide all employees with a safety
manual and instructions on procedures to which the employee must conform.
SECTION 13. EXAMINATION
Each prospective employee may be required to undergo a medical and/or
psychological examination, the cost of which shall be paid by the City.
to discuss
are
a
.� .
a neanng shall expire at the end of the next
In addition, an employee may be required to undergo a medical and/or
psychological examination in order to maintain the health and safety of the employee or
hislher co-workers.
Resolution No. 00-43
Page 11
SECTION 14. BENEFITS
14.1 Holidays
New Years Day
Martin Luther King Day
PresidenYs Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Friday preceding Easter
Last Monday in May
July 4
1 st Monday in September
4th Thursday in November
4th Friday in November
December 24
December 25
When an established holiday falls on a Saturday, it shall be observed the
preceding Friday; when it falls on Sunday, it wiil be observed the following Monday.
In addition, each fuil-time employee shall receive one (1) floating holiday to be
taken on a day of his/her choice with prior approval of the supervisor. To receive the
floating holiday, an employee must work at least one thousand forty (1,040) hours during
the calendar year.
Part-time employees shall be paid for their regular work hours for holidays that fall
on their regularly scheduled working days.
14.2 Insurance Benefits. Medical/Hospitalization Insurance: The City shall make
availabie a group medical and hospitalization insurance plan for all regular and
probationary full- and part-time employees and their dependents. The City Councii shall
annually determine the amount of premium, if any, which will be paid by the City as a
fringe benefit.
Life Insurance: Each regular and probationary employee shall be covered by the
terms of a group term life insurance policy payable in the event of death to a beneficiary
designated by the employee, in an amount equal to his/her annual salary. Supplemental
life insurance may be made available for purchase by eligible employees. The City
Council shall annually determine the amount of premium, if any, which will be paid by the
City as and for a fnnge benefit.
Regular Part-time Employees: Regular part-time employees working an average
of a�efe-t#�aR twenty (20) hours per week or more shall receive fifty (50) percent of the
employer's maximum contribution toward insurance programs as specified for full-time
employees.
Regular part-time employee working an average of thirty (30) hours per week or
more shall qualify for the same insurance benefits as those available to full-time
employees.
Resolution No. 00-43
Page 12
14.3 Annual Leave. Each regular, full-time City employee shall earn annual leave
at a bi-weekly rate, which will total the following amount of annuai leave:
Employees with 0 through 7 years City employment
Employees with 8 through 15 years City employment
Employees with 15+ years City employment
144 hours per year
192 hours per year
208 hours per year
Each regular, part-time employee shall receive annual leave in proportion to the
number of hours he/she works per pay period, in accordance with the above schedule.
Except in the case of injury or iilness, annual leave may only be taken upon
approval of the employee's supervisor, which approval shall not be unreasonably
withheld. Such approval shall consider City service needs. Except in the case of injury or
illness or the employee or his/her spouse or minor child, no annual leave shall be granted
until the employee has completed one thousand forty (1,040) hours of work.
Annual leave earned shall be accrued and the total number of earned annual
leave hours shall be provided to the employee each pay period. Annual leave with pay
may not be taken unless it has been earned. Except in the case of injury or illness, no
employee shall be allowed to take more than 160 consecutive hours of annuai leave at
one time.
Employees who terminate employment with the City and have annual leave time
remaining shall be paid for their accrued annual leave, provided they have completed at
least one thousand forty (1,040) hours of employment.
An employee who uses annual leave for illness or injury may be required to
present evidence that he/she is again abie to perform all the duties of his/her job
description.
Annual leave must be taken in increments of no less than one (1) hour. Except as
provided for employees converting to annual leave; no employee may carry over more
than two hundred forty (240) hours of accumulated annuai leave from one year to the
next. In the event that an employee has in excess of two hundred forty (240) accumulated
hours of annual leave after December 31 of any year, the employee's accrued annuai
leave shall be reduced to two hundred forty (240) hours.
Employees who converted to annual leave and who, from vacation and sick leave,
exceed the maximum carry-over limitation, may carry over, as a maximum, the same
number of hours to which their accumulated vacation and sick leaves converted.
However, should an employee's accrued annual leave exceed this maximum after
December 31 of any year, the employee's accrued annual feave shall be reduced to the
maximum as computed herein.
Once per year, on either the first pay period after April 1 or the first pay period after
October 1, any employee who has completed at least seven (7) years of service with the
City may exchange up to twenty-four (24) hours of accumulated annual leave for payment
Resolution No. 00-43
Page 13
equal to twenty-four (24) hours of pay at his/her current rate. Any employee who has
completed at least fifteen (15) years of service with the City may exchange up to forty (40)
hours accumulated annual leave for payment equal to forty (40) hours of pay at his/her
existing rate.
In addition to the foregoing, any employee who converted vacation and sick leave
to annual leave and who exceeds the maximum carry-over limitation of two hundred forty
(240) hours, may exchange up to an additional forty (40) hours of pay per year at his/her
existing rate for that accumulated leave in excess of two hundred forty (240) hou�s.
Shouid an employee elect to exchange such additional leave, as hereinbefore provided,
that additional exchange shall reduce the employee's maximum hours by the same
number of hours exchanged for pay.
14.4 Short-Term Disability Benefits. The City shall provide short-term disability
benefits for those regular employees who are covered by annual leave. Short-term
disability benefits shall be paid to such an employee who shall have missed twenty (20)
consecutive working days of employment due to illness or injury.
The amount of the short-term disability benefit payable shall be the difference
between the employee's regular rate of pay, in effect at the time of the injury or iilness,
and any payment(s) the employee receives or anticipates receiving in the nature of wage
loss repiacement whether it be from workers compensation, Public Employees
Retirement Association (PERA) disability, Social Security, personal injury protection, or
any other source, payable from the 21st working day following the employee's initial
absence from work due to injury or illness and continuing for a maximum of ninety (90)
working days.
Any employee receiving payments under the short-term disability benefit plan shall
not accrue annual leave during the period of time of disability. in order to qualify for short-
term disability benefit, the employee shall submit medical documentation from a physician
certifying that the first twenty (20) consecutive working days of the employee's absence
was due to injury or illness.
The employee shall further provide to the City a release of inedical information
authorizing the City, or its agents, access to the employee's medical records for the
purpose of sustaining disability.
The employee shall, if required or requested, submit to an examination by a
physician designated by the City in order to verify the injury or illness claimed by the
employee.
SECTION 15. TEMPORARY LIGHT DUTY POLICY
Consistent with public service needs, the City may assign light duty to employees
who are temporarily disabled and unable to provide full performance of all work duties
assigned to their job classification. The City reserves the sole right to determine, on a
case-by-case basis, whether light duty will be assigned and, if assigned, what duties the
employee will be expected to perform in the duration of the assignment.
Resolution No. 00-43
Page 14
The procedure for applying for light duty assignment will be as follows:
A. When an employee is unable, due to temporary disability, to provide full
pertormance of all work duties assigned to the employee's job classification,
the employee may request light duty by completing the Request for Light
Duty form and submitting it to his/her Department Head. The request shall
state the nature and extent of the temporary disability and the job duties
that the employee is unable to pertorm, along with expected length of the
disability and any work restrictions related to the disability. The City will
usually require the request to be accompanied by a physician's report
containing diagnosis, current treatment, and physician approval for light
duty assignment with any restrictions thereon.
B. The City may require an independent evaluation conducted by a physician
selected by the City to verify the diagnosis, current treatment, work
restrictions and expected length of disability.
C. Determinations regarding light duty wiii be made on a department-by-
department, case-by-case basis. The Department Head, in consultation
with the City Administrator, will consider such factors as public service
needs and budgetary considerations, the need for work which may be
assigned as light duty, the employee's capability of performing the work, the
number of employees not available for work due to injury or illness, and
other relevant factors.
D. The City will determine what job duties the employee wili perform. These
duties may include those currently assigned to the employee's job
classification or any other duties the City considers to be appropriate.
Duration of light duty will be determined at the sole discretion of the City.
E. Assignments to light duty will be reviewed on a monthly basis or more often
as deemed necessary by the City. The City, in its sole discretion, reserves
the right to terminate a light duty assignment at any time based upon, but
not limited to, the factors set forth in sub-item C above.
SECTION 16. LEAVE POLICY
16.1 Injury on Dury. An employee injured in the line of duty, covered by the
Workers Compensation Law of the State of Minnesota, and eligible for workers
compensation pay, shall be guaranteed their regular base rate of pay by the Employer for
a maximum of ninety (90) working days.
Injury on Duty (IOD) pay will start after the employee has been off work due to the
injury three (3) working days.
The employer shall pay the difference behveen the employee's weekly pay and
their weekly workers compensation check to the extent that the empioyee's after-tax net
Resolution No. 00-43
Page 15
take home does not exceed the employee's after-tax pay earned while working.
When the employee has exhausted the employee's ninety- (90) day IOD bank, the
empioyee may then draw on the employee's accumulated annual leave.
No employee may retum to duty without medical verification that the employee is
capable of retuming to work and performing all the regular duties of their job description
unless a return to work under light duty can be arranged.
The injured employee will aliow the employer access to the employee's medical
records on file with the Workers Compensation Insurance Carrier or State Workers
Compensation Commission.
Additional benefits paid to the employee will not be charged against the
employee's annual leave or other accumulated benefits within the sixty- (60) day period.
16.2 Military Leave. An employee who is a member of the National Guard or
military reserve force of the United States of America shall be entitled to military leave as
provided by the statutes of the State of Minnesota or the government of the United States
of America. Except in the cases of military emergency or immediate mobilization, an
empioyee shall notify his/her supervisor as soon as is possible, after receipt of a notice of
active duty, in order to claim military leave (see Section 14.7 below).
16.3 Jury Leave. An employee who is summoned to serve upon a jury shall be
granted compensation equal to the difference between the employee's regular rate of pay
and compensation paid to him/her for serving on a jury. An employee who is excused
from jury duty prior to the completion of a workday is expected to return to work for the
completion of that day. An employee shall notify his/her supervisor upon receipt of a
summons to appear for jury duty in order to claim jury leave (see Section 16.8).
16.4 Parental Leave. An employee shall be granted leave without pay and enjoy all
benefits consistent with the Family and Medical Leave Act (FMLA).
16.5 Leave of Absence. The City Administrator may, upon approval of the
employee's Department Head, permit a regular employee a leave of absence without pay
for a period of up to six (6) months. No employee shall be entitled to accrue leave, earn
seniority, or accrue time toward step increases in the pay plan while on a leave of
absence without pay. The employee may continue coverage under any group insurance
plan, but will be required to pay the full premium without employer contribution.
16.6 Impermissible Leave. Unless otherwise authorized, no leave of absence shall
be granted for the purpose of protecting a job while the employee seeks or obtains other
employment.
16.7 Additional Leave. The City Administrator, in his/her discretion, may grant
additional leave of absence, for an extended period of time, in cases of extended illness
or personal hardship.
Resolution No. 00-43
Page 16
16.8 Requests for Leave. Except in the case of injury or illness, for all requests for
leave an employee must fill out a Request for Leave Form at least 48 hours prior to the
commencement of leave; the form must be approved by the Department Head or his/her
designee. The Department Head (or designee) may waive the 48 hour requirement when
it shali not impair the delivery of City services or impose a hardship on other employees.
SECTION 17. COMPENSATORY TIME
17.1 Eli ibili ."ExempY' employees under the federal Fair Labor Standards Act
(FLSA) may be required to work in excess of eight (8) hours per day, or 40 hou�s per
week. Any time worked in excess of (8) hours per day shail be recorded for account.
17.2 Authorization. Exempt employees must be authorized to use compensatory
time by their Department Head. The taking of such compensatory time must be consistent
with the job requirements of such manageriai and professional positions. Exempt
employees are not entitled any specific amount of compensatory time off.
Non-exempt employees not covered by the terms of a collective bargaining
agreement or other employment contract may accrue compensatory time in lieu of
overtime pay, at the discretion of the Department Head.
17.3 Limitation on Use. A supervisor may authorize the taking of up to sixteen (16)
hours per week compensatory time.
17.4 Council Authorization. The City Council may authorize the use of
accumulated compensatory time by an employee who has exhausted his/her annual
leave.
SECTION 18. TRAVEL, TRAINING AND EDUCATION POLICY
18.1 PURPOSE
The purpose of this policy is to provide guidelines and procedures to be used when
individuals participate in Travel, Training, and Education (TT&E) events. This policy will
be reviewed prior to December 31, 1999, to determine if changes are necessary.
18.2 TRAINING/EDUCATION PHILOSOPHY
Through its commitment to PRIDE, the City will maintain a highly skiiled, efficient,
motivated work force which meets all required mandates and allows for career
enrichment through training and education. This process will be administered in an
economic fashion that maximizes the city's return for its budget training funds and wiil
comply with all budgetary limits. It is expected that any training, travel or education
funded by the City will be for a defined purpose to further organization goals. It is also
expected that any expenditure will be for a valid business purpose.
Resolution No. 00-43
Page 17
18.3 TT&E PROGRAM DEFINITIONS
Advanced Education: Any training or program participation that could result in a
certification or degree from an accredited college, university or trade school.
Comparable Training: Any training or program substantiaily similar in content, or which
meets similar criteria for certifications, licenses, or other required training.
Established Safety Policies: The adopted safety policies and criteria established by the
entire City or individual departments relating to the expected and required safety
conduct, responses, action or training.
Organization Goa/s: Remaining current with changing legal or technical requirements,
maintaining education requirements for various certifications, and researching best
practices.
Priority 1 Training: Required and necessary training. TT&E participants receive training
in the skills needed to perform the specific job function in his/her division/department.
Required training is in association with state and federal licenses, City job description or
City step plan. This would also include state or federal guidelines for mandatory
requirements which, if they were not attended, would result in penalties or fines. These
training opportunities are intended to meet all applicable standards, certifications,
accreditations and licenses required of the positions held. Necessary training is an
accreditation or certification from professional or trade organizations that enhance an
individual's level of professional status and improve the quality of the City work force.
Priority 2 Training: Desirabie training for job enrichment that includes verbal or written
skilis, technology, and personal development and improvement programs. These
opportunities may be provided by other departments within the City or by others outside
the City. These "Priority 2" opportunities are subject to department head approval and
to the availability of department training funds.
PRIDE: Personal Service Responsiveness Innovation Dedication Effectiveness
Training O�cer. The Assistant City Administrator.
Training Plans:
Department Training Plan: A narrative document detailing a one-year plan for training,
education and professional development that sets minimum standards and goals for
each position, individual, or commission member within that department.
Professional Development Plan: A narrative document detailing a defined action plan
for professional development for an individual employee. Said plan shall list types of
training, course work or degrees needed to complete the plan and list of how the
described training will benefit the City.
TT&E Event: Any travel, training, education or business-related function that meets the
eligibility approval criteria and is funded all or in part by the City of Cottage Grove.
Resolution No. 00-43
Page 18
TT&E Locations:
In-House Training: Training provided at City facilities or through City of Cottage
Grove arrangements.
Local Training: TT&E events that take place in the seven-county metropolitan
area.
National Training: TT&E events that take place outside a 500-mile radius of
Cottage Grove.
Regional Training: TT&E events which take place outside the Twin Cities Met�o
Area (local training) but within a 500-mile radius of Cottage Grove.
TT&E Participant: All full- and part-time city employees, interns, Council members and
affected Commission and Committee members participating in TT&E events.
18.4 TT&E PROGRAM ELIGIBILITY/PRIORITY
The following criteria will be considered in reviewing TT&E requests:
Required Criteria:
. Funded in the budget
. In compliance with the travel, training and education policy
. In accordance with an Approved Departmentai Training Plan
Additionai Criteria:
. Priority level of training (Priority 1 or Priority 2)
. Training associated with established safety policies
. Training associated with new trends, techniques, or technology utilized by
the City
. Training associated with equipment or machinery utilized by the City
. Training related to an established step advancement training program
. In accordance with an approved Professional Development Plan
(Individual)
18.5 REVIEW PROCESS
A. Training Plan
Each department shall submit a training plan, This plan will be submitted
yearly as part of the City budget review process. In addition, individuals
interested in additional TT&E beyond required training shall submit an
individual plan for review and approval by the Department Head prior to
budget submission. Training must be according to an individual plan for
skills representing a progressive level (basic-intermediate-advanced) that
does not repeat prior training - this does not include training required each
year for certification.
B. Conference Policy
As with all TT&E events, TT&E participants interested in attending
professional development conferences in or out of state must meet the
TT&E program eligibility criteria. Attending programs offered within the
Resolution No. 00-43
Page 19
state, and preferably the metro area, should be the practice whenever
possible.
C. 1T&E Location Policy
When evaluating training opportunities, requests shall be reviewed to
ensure the most cost-effective option is selected based on the following
critieria:
. Training In-house
. Training Local
. Training Regional
. Training National
Regional or national training shall not be approved if there is reasonable
access to comparable training in the local area within the same budget
year.
D. TT&E Request Procedures
To request permission to attend a TT&E event, it is necessary to complete
a Training/Travel Request form or an Education Reimbursement
Application (see Section 16.11). Written approval from the department
head and City Administrator or designee will be required. On the form, the
TT&E participant must include a statement indicating the expected benefit
of the event.
18.6 ALLOWABLE EXPENDITURES
A. General
. The City pays a l'T&E participanYs expenses incurred while attending
a TT&E event, in accordance with policy guidelines.
. The TT&E participant must pay expenses incurred by a spouse or
guest attending a conference with a TT&E participant.
. If an employee registers for a training event and then cancels, he/she
must reimburse the City for any fees that are not returned to the City
upon cancellation. This does not apply if the employee's supervisor
requests that the employee cancel the training event.
B. Meals
. If the TT&E event is more than one day in duration, there shall be a
maximum per diem (including gratuities for meals only) of $30 per day.
. For partial days, the meal allowance will not exceed the following:
Breakfast: $6.00
Lunch: $9.00
Dinner: $15.00
. Tips shall not exceed 15% of City reimbursed meal cost.
. When an event encompasses a full day, n&E participants may spend
the daily allowance among the three meals, at their discretion, unless
meals are included as part of the conference registration. In that case,
Resolution No. 00-43
Page 20
the money allotted for that meal couldn't be spent.
. For local and regional area training or meetings, lunch will be
reimbursed if not covered in the fee for the event. No other meals wiii
be reimbursed unless prior approval is granted.
. Costs for alcoholic beverages shall not be reimbursed.
. Receipts wiil be required for reimbursement upon return from the
event, along with any unused portion of the meai allowance (if cash
advance was received). Receipts must clearly state date, location, and
name of restaurant.
A representative of the City may occasionally be in the position of having
to provide a meai for other persons who have official business with the
City. The cost of providing such meals, including tax and a reasonable
gratuity, will be reimbursed provided the following conditions are met:
1) Expenditure must be approved by the City Administrator or
designee prior to the event;
2) Name and officiai capacity of each person attending must be listed;
3) Public purpose/benefit of the meeting must be described;
4) A receipt must be provided; and
5) No alcoholic beverages will be reimbursed.
C. Lodging
. Reimbursement for lodging expenses shall be allowed oniy for
authorized TT&E participants.
. TT&E participants should choose lodging based on reasonableness of
cost and proximity to the conference, meeting, or training site.
. Reimbursement wi�i be made at the lowest standard single room rate
of the chosen facility.
. Each authorized person shall be allowed an individual single room.
. Lodging costs shall be reimbursable only from the night preceding the
conference through the night immediately following such event, unless
an additional evening's stay will decrease travel costs.
. Overnight stays within the local training area are not permitted without
the City Administrator or designee's approval in advance of the stay.
D. Miscellaneous expenses
. One (1) personal long distance call per day, in an amount not to
exceed 15 minutes, will be reimbursed.
. Costs for reasonable use of phones, copy and fax machines, or other
approved business services when used to conduct City business wili
be reimbursed.
E. Transportation
Auto Rental: Rentai cars shall not be used as part of a TT&E event unless
prior approval has been obtained from the City Administrator or designee.
The cost reimbursed will be at the mid-size vehicle rate. Auto rental must
be requested on the Travel Request form, and justified as required for
Resolution No. 00-43
Page 21
official business. Multiple quotes, including appropriate insurance and
fees, should be obtained from a minimum of three (3) rental agencies and
attached to the request form. If reasonable public transportation is
available, or a less expensive means of transportation is available, a
rental car should not be requested. A car may be rented if the local
transportation is impractical, or more expensive, than renting a car for the
period in question.
City Vehicle and Personal Vehicle Usage: Transportation within the state
shall be by City vehicle. If a City vehicle is not available, TT&E
participants may use a personal vehicle. Approved personal auto usage
while attending a TT&E event is reimbursed at the current Internal
Revenue Service per-mile rate. The City of Cottage Grove does not
provide insurance on personal vehicles.
When traveling from the normal work location to a 77&E event and back,
the mileage allowance is the actual work related mileage traveled.
When traveling from a TT&E participanYs residence to a TT&E event, and
then to a normal work location, the mileage allowance is the excess miles
traveled over those normaily driven from the residence to the normal work
location. When traveling from a normal work location to a TT&E event,
and then to the TT&E participanYs residence, the mileage allowance is the
excess miles traveled over those normally driven from the normal work
location to the participanYs residence. When traveling from the residence
to a TT&E event and then returning to the residence, mileage in excess of
that normally driven to and from the normal work location is reimbursable.
If such travel occurs on a day that the TT&E participant is not scheduled
to work, or involves travel to evening meetings outside the normal work
hours, total mileage traveled is ailowed.
Personal use of any City vehicle is prohibited, other than commuting (for
those TT8�E participants required to commute in a City vehicle), or "de
minimis" personal use. The City Administrator can approve take-home
vehicles.
Air-Related Travel Policies: Air travel by authorized TT&E participants
must be the lowest fare routing. Lowest fare routing is the lowest fare
which:
. Requires no more than one interim stop or change of planes
each way
. Results in a layover not exceeding two hours each way.
Every effort should be made, when practical, to book tickets early to take
advantage of money saving offers. At a minimum, airtare tickets must be
purchased at least 20 days in advance. Frequent flier miles associated
with TT&E travei are property of the City.
If a TT&E participant wishes to drive, and the mileage allowance would be
greater than the airfare, the traveler may be reimbursed "equivalent
airfare" instead of the actual mileage costs. This would include the cost of
the airfare, plus shuttle service to and from the airport. The additional time
Resolution No. 00-43
Page 22
required to travel by car will be the employee's own time.
Shuttle Seivice and/o� Parking: Costs for transportation to and from the
airport are reimbursed at the least expensive mode available. Ground
transportation may be reimbursed up to the fare from the TT&E
participanYs normal work site to the appropriate airport. Mileage and
parking will be reimbursed if the TT&E participant chooses to drive a
personal automobile to the airport, only if the total cost of mileage
reimbursement and parking is less than the round-trip ground
transportation from the work site. Reimbursement of charges for taxis and
airport limousines shall be made only if other modes of transportation are
impractical.
When attending an event or business meeting where parking is limited, or
where parking decks are expensive, a parking meter may be used. The
TT&E participant will need to document the amount spent for a parking
meter on a form, as required by the Finance Department.
F. Cash Advance for, and/or Pre-payment of, Travel Expenses
TT&E events requiring overnight accommodations or extended time away
shall be eligibie for a reasonable cash advance. Upon prior approval by
the Training Officer a travei advance may be obtained from the Finance
Department. The request must be submitted by the deadiines established
for check payments.
Advancing money for travel does not constitute approval of spending the
entire advanced sum. Monies not spent must be returned to the City.
Pre-payment of travel expenses (for example, registration fees) may be
made upon application and approval of voucher by the City Administrator
or designee.
18.7 REIMBURSEMENT PROCEDURES
Only approved, actual, and necessary expenditures qualify for reimbursement,
and must have receipts. In addition, to receive reimbursement the following
criteria must be met:
. Within 30 days of returning from an approved TT&E event, the
participant must submit a mileage and expense report form.
. Receipts for the payment of transportation, lodging, and other
business expenses shall be attached to the expense report.
. Tips shall be noted on the meal receipt.
. All receipts must be dated and in chronological order.
. Any unused portion of a cash advance will be returned to the City.
. If the billing is for joint occupancy, the lodging cashier shouid indicate
the single room rate for the room occupied. It is the TT&E participanYs
responsibility to obtain this.
• TT&E participants shall be required to submit an itemized lodging bill
showing both charges and payments for reimbursement.
• TT&E participants submitting receipts for parking fees shall be
Resolution No. 00-43
Page 23
reimbursed in the amount noted on the receipt.
. When two or more TT&E participants travel to the same destination by
the same vehicle, mileage and parking fee reimbursement wiil be
made to only one person.
A significant, unexplained discrepancy between the estimated cost as requested
on the TT&E request form and the expense report form may result in a request
for additional justification.
18.8 FOLLOW-UP PROCEDURE
It is expected that all participants in TT&E will receive a documentable benefit
from attending a TT&E event. It is a goal of the TT&E program that participants
share that benefit with an appropriate audience. Therefore, upon return from a
TT&E event participants are required to somehow communicate the gained
benefit. Acceptable mediums for this requirement, which should be chosen
based on appropriateness, include, but are not limited to:
. Written report to supervisor, co-workers, or others who would gain
from knowledge;
. Verbal discussion at a staff or department meeting;
. Distribution of materials obtained to other employees who may benefit;
and
. Discussion with supervisor.
The TT&E participant shall provide the Training O�cer with a rating of the TT&E
event, as well as documentation of the follow-up procedure, on a form available
from the Personnel o�ce. Information will be maintained in the training database.
18.9 COMPUTING WORK TIME WHILE IN TRANSIT
In order for the City to assess the obligations for paying travel time, the determining
factor is whether or not the travel involves an overnight stay in another city. If a non-
exempt employee is staying overnight in another city, travel occurring during the normai
working hours, regardless of the day of the week, must be considered hours worked. If
a TT&E participant is directed to travel to another city, but returns home that evening,
all travel time, less the TT&E participanYs normal commute, will be considered time
worked.
The employer can direct when the TT&E participant should travel. This may sometimes
involve a cost-benefit analysis. For example, it may be cheaper to pay travel time on a
Saturday if the cost for the airfare is less for staying over on a Saturday night. This
travel time may be overtime if the TT&E participant is eligible per the appropriate labor
agreement/personnel policy.
The employer can change work hours for non-union TT&E participants in order to
schedule around a TT&E event. For bargaining unit empioyees, the applicable labor
agreement should always be reviewed.
Exempt empioyees will be paid their normal salary. Travel time outside the normal work
schedule is not paid, under any circumstances, to exempt employees.
Resolution No. 00-43
Page 24
18.10 EXCEPTIONS
Exceptions to this policy may be allowed, with prior approval of the Training Officer and
the City Administrator, for unique circumstances, cost saving alternatives, or to provide
for reasonable accommodations for the physical or medical needs of a TT&E
participant.
18.11 EDUCATION POLICY
Any employee who is interested in pursuing further job related training and education
opportunities could independently pursue these opportunities under the city's education
policy. An employee can take a course at an accredited college/vocational school, and
apply for reimbursement for tuition costs per the policy. In addition, these courses would
be taken on the empioyee's own time.
Tuition/Book Reimbursement: The City encourages its employees to participate in
continuing education in order to improve job perFormance in their present positions, and to
prepare for advancement within the City through self-development. In furtherance of said
goal, the City will reimburse an emp�oyee for the payment of tuition and the purchase of
books when all of the following conditions have been met:
a) The course can be taken at an accredited college or university, an accredited
vocational institution, or at an approved adult education program;
b) The employee shail submit an Education Reimbursement Application form to
his/her Department Head rior to the commencement of the course. The
request for approval shall state, at a minimum:
. The name of the coilege, vocational institution, or adult education course
being attended;
. The starting date of the course;
. The estimated completion date of the course;
. An inclusive description of the course, its educational content, and the
manner in which this course relates to the employee's current position, or
an immediate promotionai position to which the employee may advance;
. The identification of availability and source of other assistance which the
employee is eligible to receive by virtue of enrolling in this educational
program;
. The number of credits for which the course has been approved;
. Whether the course will be taken at a time other than the employee's
regular work hours, or whether the employee will need to use leave in
order to attend the course; and
. Once the form has been approved, it will be retumed to the employee. Only
after the form is returned and signed, is the employee authorized to
proceed. The employee shall retum the form, along with receipts and grade
reports, upon completion of the course.
The above information can be provided on the Education Application form or
attached to the form.
Resolution No. 00-43
Page 25
c) All courses approved for tuition and book reimbursement must be job related;
d) The Department Head shall forward the employee's request to the City
Administrator or designee;
e) Within 30 days following receipt of the request, the City Administrator or designee
shall respond to the request, including whether the request is approved or denied.
Reasons for denial shall be specified, and may include, but not be limited to:
unavailability of funding, the course or program is not reasonably related to the
empioyee's job performance or
knowledge, or does not develop skills reasonably necessary for his/her position;
� Upon receiving a C or better for the course, and presentation to the City of a paid
receipt for the cost of tuition and books, the City shall reimburse to the employee
those amounts for which he/she has not already received reimbursement through
another source as specified in item b), above. The employee shall submit
documentation showing the grade obtained for the course, receipts showing
payment for the cost of tuition and books, a voucher for reimbursement, and the
originai approved Education Reimbursement application form. If the employee is
approved for a pass/fail course, reimbursement will be processed upon
documentation of passing the course;
g) No reimbursement will be made, under any circumstances, for the cost of
supplies, student memberships, student health coverage, activity fees or costs,
transportation to or from school, parking, or any other charges for which the
employee became liable while attending school;
h) All tuition and book reimbursement is subject to the availability of budgeted funds;
i) No employee may receive in excess of $1,500 tuition/book reimbursement in any
one calendar year. The City Council may waive this limitation in unusual
circumstances where it is determined that there is a justifiable City need for an
employee to take additional schooling; and
j) Employees who receive tuition/book reimbursement, and who do not complete
at least two (2) years of employment with the City after such reimbursement, will
be required to repay the reimbursement on a pro-rated basis for the two (2)
years.
The pro-ration schedule for repayment will be as follows:
Up to 6 months after course ends, full repayment
6 to 12 months after course ends, 75% repayment
12 to 18 months after course ends, 50% repayment
18 to 24 months after course ends, 25°/a repayment
After 24 months--no repayment
Educational Leave Time: Where an employee is engaged in advanced education, the
employee may request approval of his/her Department Head in order to use
compensatory leave, or annual leave, time in order to attend a course given during the
employee's regular working hours.
18.12 BUSINESS TRAVEL AND EXPENSES (NON-EDUCATIONAL) AND
AUTOMOBILE FRINGE BENEFITS
Resolution No. 00-43
Page 26
Miscellaneous Expenses: An employee shall be reimbursed for his/her actual out-of-
pocket expenses expended for approved purchases on behalf of the City. Such expenses
will be subject to the guidelines estabiished in Section 16.
Automobile Fringe Benefits: Department Heads issued cars are required to commute to
and from work in the City vehicle. Other authorized use of city vehicles is defined as
travel to and from city-related meetings, seminars, or other City functions.
Income wiil be determined according to IRS guidelines, and will be considered taxable
income and reported on the W-2 for any personal benefit, including commuting. Monthly
allowances and per-mile allowances are considered taxable income and will be
included on the W-2 form. It is the employee's responsibility to maintain records for any
deductions from this income due to miles driven, gas purchased, or expenses incurred.
Ciearly marked police and fire vehicles are considered exempt under IRS guidelines
and, therefore, will have no additional income for automobile fringe benefits derived
from the use of City-owned vehicles.
The City considers automobile fringe benefit income paid monthly, and must withhold
state and federal income taxes from this income.
18.13 COMMITTEE MEMBERSHIP
Employees who are considering participation on a committee for a professional
organization, or some other work-related task, shall notify the Training Officer prior to
accepting appointment to the committee. The Training Officer shall aiso be notified if an
employee is considering becoming a Board member of a professional organization.
SECTION 19. NEPOTISM POLICY
19.1 Relatives of current City employees and City Council members are not
eligible for empioyment in job classifications in which a conflict of interest may occur.
Therefore, relatives will not be hired where:
(a) one relative would have the authority or practical power to supervise, appoint,
remove, or discipline the other;
(b) one would be responsible for auditing the work of the other;
(c) other circumstances exist which would place the relative in a situation of
actual or reasonably foreseeable conflict between the City's interests and their
own; and
(d) where the applicant/City employee has a relative who is employed by an
organization with whom the City has business dealings, and in the City's judgment,
considering the positions and job responsibilities of both the applicant/empioyee and
the relative would create an appearance of improper influence or favor or would
jeopardize the confidentiality of data maintained by the City.
19.2 The City is not obiigated to give special treatment, such as preferential
scheduling, to married coupies.
19.3 Definitions
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Relative: The term "relative" when used in this policy means any two (2) or more
individuals who reside in the same dwelling unit or who are related to each other by
blood, marriage, or adoption where one of the individuals is the spouse, parent,
grandparent, child, brother, or sister of the other.
Employee: Anyone employed in a full- or part-time regular status position, or in a
seasonal, temporary, or paid on-call firefighter position.
19.4 Persons employed prior to December 2, 1998, who are presently working
in a position that would be in conflict with this policy, will be exempted from this policy.
19.5 Whenever any appointed o�cer or employee becomes related, either by
marriage or adoption, to another o�cer or employee in one of the relationships
previously listed in this policy, the affected o�cer(s) and/or employee(s) shall be
allowed to remain in his/her position(s) for a period of one year from the date on which
the affected person (s) became related. During the one year period, the affected
person(s) shall be permitted to apply for a transfer to any availabie position with the City
which is both comparable in salary and benefits to the position which the affected
person(s) holds, and for which the affected person(s) is qualified, the term "comparable
in salary and benefits" shall mean monetary compensation of up to ten percent (10%)
less or more than the person's current monetary compensation. Any such transfer must
be completed within the one-year period provided in this section. If the affected
person(s) has not complied with the requirements of this section within the one year
period established herein, where one or more of the affected person(s) is an elected or
appointed officer, and the remaining person(s) is an employee of the City, the City
Administrator shall recommend termination of the employee(s); and where the affected
persons are employees, the City Administrator shail recommend termination the
affected person(s) with the shortest length of employment with the City. This provision
applies to all positions of the City.
19.6 Nothing herein shall be interpreted as requiring an employee at the time of
an election to be discharged because a relative described herein has been elected an
officer of the City.
SECTION 20. OFFENSIVE BEHAVIOR
It is the City's policy to maintain a working environment free from offensive or
degrading remarks or conduct. Such behavior includes inappropriate remarks about the
employee's race, color, creed, religion, nationai origin, sex, marital status, disability,
sexual orientation, age and status with regard to public assistance. Offensive behavior
prohibited by this policy also inciudes requests to engage in illegai, immoral or unethical
conduct.
One specific kind of illegal behavior is sexual harassment. Sexual harassment,
which can consist of a wide range of unwanted sexually directed behavior, is defined as:
Unwelcomed and unwanted sexual advances;
Requests or demands for sexual favors;
Verbal abuse or kidding that is sexually-oriented and considered
Resolution No. 00-43
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unacceptable by another individual;
4. Any type of sexually-oriented conduct that wouid interfere with another's
work performance;
5. Creating a work environment that is intimidating, hostile, or offensive
because of unwelcomed or unwanted sexually-oriented conversations, suggestions,
requests, demands, physicai contacts or attentions.
Any person who feels he or she is being subjected to offensive behavior of any
kind should feel free to object to the behavior and should also report the behavior to
either his/her Department Head or the City Administrator.
All allegations of offensive behavior will be investigated promptly, fairly and
completely. The facts shall determine the response to each complaint. Each situation will
be handied discreetly. In the event that the offensive behavior reoccurs, it shouid
immediately be reported to either of the persons named above.
Employees should understand that this policy applies to each and every employee
of the City, including management and all full-time, part-time, and temporary employees.
No retaliation or intimidation directed towards anyone who makes a complaint wili be
tolerated.
Any employee found guilty of engaging in offensive behavior (as defined above),
or of perpetrating sexual harassment shall be subject to disciplinary proceedings per
Section 8 of this resolution.
SECTION 21. ELECTRONIC MEDIA USAGE POLICY
21.1 The City of Cottage Grove electronic media usage policy is designed to provide
clear guidelines to City of Cottage Grove employees regarding access to, and
disclosure of, computer, network, telephone and facsimile systems. City employees
increasingly use and exploit electronic forms of communication and information
exchange, and have access to one or more forms of electronic media and services
(computer, e-mail, telephones, voice mail, fax machines, external electronic bulletin
boards, on-line services, and the Internet).
The City encourages the use of these media and associated services, because they
make communication more efficient and effective, and because they are valuable
sources of information. However, electronic media, data, and services provided by the
City are City owned and publicly funded, and their purpose is to facilitate City business.
The City Council authorizes the use of the Internet and on-line services for the support
of ail city tasks. The use of the internet is public and a privilege, not a right, and may
be revoked at any time for unacceptable use.
With the rapidly changing nature of electronic media, and the "netiquette" which is
developing among users of external on-line services and the Internet, this policy cannot
lay down rules to cover every possible situation. instead, it expresses the City's
philosophy and sets forth general principles to be applied to the use of electronic
media, data, and services.
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The following procedures apply to all electronic media, data, and services, which are:
1. Accessed on or from City premises
2. Accessed using City computer equipment, or via City-paid access methods
3. Used in a manner which identifies the individual with the City
21.2 Authorization
An employee must sign a statement acknowledging that they have read, understand,
and agree to comply with this policy. No employee will be authorized to use electronic
media or services until they have signed the appropriate statement and returned it to
the Personnel Office.
21.3 Inappropriate Material
Electronic media may not be used for knowingly transmitting, retrieving or storage of
any communications of a discriminatory or harassing nature, or which are derogatory to
any individual or group, or which are obscene or sexuaily explicit, or are of a
defamatory or threatening nature, or for "chain letters," or for any other purpose which is
illegal or against City policy or detrimental to the City's reputation. Electronic media
may not be used for personal use relating to political, religious, or personai financial
profit.
21.4 Personal Use Limitations
Electronic media and services are primarily for City business use. Limited, occasional
or incidental use of electronic media (sending or receiving) for personal, non-business
purposes done on the employee's personal time is understandabie and acceptable — as
is the case with personal phone calls. However, employees need to demonstrate a
sense of responsibility and may not abuse the privilege. Such personal use must not
consume large amounts of City resources. Employees using electronic media and
services for personal use waive any claims to privacy regarding that usage. Any costs
incurred by the city due to personal use (such as printing costs, per-minute internet
fees or cellular phone charges) must be paid by the employee. Excessive personal use
will be determined by the individual employee's supervisor, and may subject the
employee to disciplinary action.
21.5 Individual Privacy
The City routinely monitors usage patterns for both voice and data communications.
Reasons include cost analysis/allocation, assurance of system security and compliance
with City policies. The City also reserves the right, in its discretion, to review any
employee's electronic files, messages and usage to the extent necessary to ensure that
electronic media and services are being used in compliance with the law and with this
and other City policies. Employees should therefore not assume electronic
communications are totally private and confidential and should transmit highly sensitive
information in other ways.
Empioyees must respect the confidentiality of other people's electronic communications
Resolution No. 00-43
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and may not attempt to read, "hack" into other systems or other people's accounts, or
"crack" passwords, or breach computer or network security measures, or monitor
electronic files or communications of other empioyees or third parties except by explicit
direction of City management.
21.6 Copyrights
Anyone obtaining electronic access to other companies' or individuals' materials must
respect all copyrights and may not copy, retrieve, modify or fonvard copyrighted
materials except as permitted by the copyright owner. Also, network users shall not
delete, examine, copy or modify files and/or data belonging to other users, without their
prior consent.
21.7 Passwords/Security
The MIS Coordinator, City Administrator and Finance Director reserve the right to
override passwords and codes at any time. If any of those people request the
employee's password(s), then the password(s) must be disclosed. If passwords are
requested, the passwords will be kept in a safe place. Any password used on the
system shall be used for the protection of the City of Cottage Grove, not the employee,
and as such will not preclude the City, as the operator of the network, from rightfully
entering the network or any other messaging system at any time to review, copy or
delete any file or disclose any such file to others.
No e-mail or other electronic communications (including facsimile messages) may be
sent which attempt to hide the identity of the sender, or represent the sender as
someone else or from another organization. Employees are responsibie for all
electronic messages originating from a computer operating under his/her password.
21.8 Excessive Usage
Electronic media and services should not be used in a manner that is likely to cause
network congestion or significantly hamper the ability of other people to access and use
the system. Continued impedance of other users through mass consumption of system
resources, after receipt of a request to cease such activity, is prohibited. The willful or
careless introduction of programs known as computer viruses, Trojan Horses and
worms into the City's network or into any external networks or computers can cause
such excessive computer usage or even damage a system and so would be a violation
of this policy.
21.9 Questions Regarding Policy
City empioyees who have concerns or are uncertain about ethical, legal or security
issues regarding the use of data communications tools are expected to discuss their
concerns with their supervisor who wiil act as the employee's first point of contact.
Part of the responsibility of the MIS Coordinator for the City is to insure the integrity of
city data (an asset). Therefore, the MIS Coordinator, in consultation with the Finance
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Director, will resolve and answer any questions about this Acceptable Use Poiicy or its
interpretation. Until such issues are resolved, questionable use should be considered
"not acceptable". Questions of interpretation should be submitted, in writing, to the MIS
Coordinator. Final authority for this Acceptable Use Policy lies with the City Council.
21.10 Policy Violations
The City Administrator, Assistant City Administrator and/or an employee's direct
supervisor, or their designees will review alleged violations of this city policy on a case-
by-case basis. The MIS Coordinator and/or Finance Director may be consulted for
technical assistance in investigating a complaint. Clear violations of the policy that are
not promptly remedied may result in the expulsion of the offending employee from city
network services in addition to disciplinary action consistent with the Personnel Policy
or appropriate bargaining unit agreement.
SECTION 22. NON-DISCRIMINATION POLICY
That the City and all empioyees thereof are subject to a policy of non-
discrimination on the basis of race, color, age, creed, religion, national origin, sex, marital
status, sexual orientation, status with regard to public assistance or disabifity.
SECTION 23. SAVINGS CLAUSE
This policy is subject to the laws of the United States and the State of Minnesota;
in the event that any provision shall be held to be contrary to law by a court of competent
jurisdiction from whose finai judgement or decree no appeal has been taken within the
time provided, such provision shail be void. All other provisions of the policy shall continue
and remain in full force and effect.
Passed this 5th day of November 2001.
Sandra Shiely, Mayor
Attest:
M. Stransky, City Clerk
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