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HomeMy WebLinkAbout2014-02-19 PACKET 04.D.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � � DATE 2/19/2014 • . PREPARED BY Administration Joe Fischbach ORIGINATING DEPARTMENT STAFF AUTHOR ****************��*************************�**** COUNCIL ACTION REQUEST Consider adopting a resolution amending the Personnel Policy, adding Criminal Convictions and Workplace Violence Prevention policies. STAFF RECOMMENDATION: Adopt the resolution amending the Personnel Policy, adding Criminal Convictions and Workplace Violence Prevention policies. BUDGET IMPLICATION $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ DATE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from Joe Fischbach dated 2/14/2014 � RESOLUTION: 14-xxx ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS Administrator � 1� ate �*�**�*�*********************************�****** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE � MINNESOTA ,., . To: Honorable Mayor and City Council From: Joe Fischbach, Human Resources Manager Date: February 14, 2014 Subject: Amendments to the Personnel Policy Background Over the past few months City staff has been working on a Workplace Violence Prevention policy. The intent of the policy is to minimize known factors that contribute to workplace violence. The ultimate goal of the policy is to ensure none of our employees or the citizens we serve are victims of workplace violence. Police Captain Pete Koerner, Detective Sergeant Randy McAlister and I developed the policy based on the model endorsed by the American National Standards Institute (ANSI), The Society for Human Resource Management (SHRM), and the American Society of Industrial Security (ASIS). It has also been reviewed by department heads and the City Administrator. The policy requires that everyone within the organization shares the responsibility to minimize the risk of workplace violence. It also puts employees on notice that behavior that could lead to workplace violence will not be tolerated and we will do everything we can to make sure our employees have a safe environment to work. In a somewhat related request, staff is asking Council to consider adopting a Criminal Conviction policy. This policy would apply to all current employees and prospective employees after they have been interviewed. The Minnesota Bureau of Criminal Apprehension (BCA) did an audit of our law enforcement practices in 2013. In the post-audit review, they recommended that we conduct criminal histories on all of our sworn Police Officers annually. Staff is recommending broadening this recommendation to include all employees. Police Officers, EMTs and other employees who hold professional licenses are required to self-report convictions to their licensing boards. This past fall, we discovered that one of Firefighter/EMTs did not do this and it was several months after the fact that we discovered the conviction. This policy would strengthen our loss control practices in two ways: First, it would be a policy violation to not disclose a conviction within five business days of the conviction, and second, it would be a policy violation to not grant the City the authority to review an employee's criminal and/or driving record. Public Trust is paramount to what we do. We must take steps to ensure that trust is maintained and this policy supports our efforts in that regard. City employees are in citizen homes and businesses perForming their jobs, assisting residents when they are vulnerable, and handling taxpayer money. By having a policy in place, we will have the ability to address potential areas of concern before they occur. The intent of this policy is not to terminate a current employee that is convicted of a crime. Nor is it to pre-empt hiring based on a criminal conviction. Instead, it is intended to give the City the ability to look at the totality of the circumstances involved and make a determination that is in the best interest of the City and its stakeholders. The City Administrator and Public Safety Director would make the final decision on job applicants. Current employee situations would be reviewed by their hiring authority for any determination. Employees would have the ability to appeal any adverse employment action as determined by their labor contract or Personnel Policy. Staff believes approving these two policies will make the organization and the population that we serve safer. The population will also know that we do our due diligence in recruiting and retaining employees. Action Consider adopting a resolution amending the Personnel Policy. RESOLUTION NO. 14-xxx RESOLUTION ADDING SECTIONS 32 AND 33 TO THE PERSONNEL POLICY FOR THE CITY OF COTTAGE GROVE; AMENDING RESOLUTION 12-088 ADOPTED 8/8/12 SECTION 32. WORKPLACE VIOLENCE PREVENTION POLICY 32.1 Policy It is the policy of The City of Cottage Grove to provide a safe and secure work environment for its employees, customers, vendors, contractors and members of the pubic by taking a Zero Incident approach towards workplace violence. The goal of this policy is prevention of violence and/or injury to employees by focusing on early identification of individual and organizational warning signs by assessing facility risk, individual threat and organizational assessments. The City of Cottage Groves also has a zero tolerance for all acts or forms of violence in the workplace. All reported acts of physical violence, threatening statements, harassing, intimidating and disruptive behaviors will be taken seriously and will not be tolerated. An employee that makes threats, commits acts of violence or violates the policy will be subject to disciplinary action up to and including termination. The City of Cottage Grove is committed to working with its employees to maintain a workplace free from all forms of violence, threats of violence, harassment, intimidation, and other disruptive behavior. All employees are charged with the responsibility for contributing to the maintenance of a safe and secure work environment. All reports of physical and/or verbal violence made to management will be taken seriously, reviewed and appropriate action will be taken by management to resolve the situation. 32.2 Scope This policy applies to all employees who are at work or on duty regardless of their department/division, job classification, level or site/location. Additionally, all persons who perform services for The City of Cottage Grove such as temporary employees, contractors, vendors, etc., are covered by this policy and expected to abide by its provisions. It is also our policy that retaliation of any kind will not be tolerated against an employee who in good faith reports an act of violence or violation of this policy. Retaliation is explicitly prohibited. 32.3 Key Definitions Acts of Violence - an act of violence is the attempt or actual use of force or violence with the intent to threaten, harass, intimidate, commit a violent act or damage/destroy property. This includes, but is not limited to physically harming another person, shoving, pushing, punching, slapping, kicking, physically harassing, bullying, intimidating, coercing another person to behave in a certain manner by use of fear or physically restraining, bondage and confinement or imprisonment. Assaults - an attempt or threat to do violence to another person including acting in a threatening manner that would reasonably cause fear for ones safety; aggressive and/or hostile actions taken or threatened towards another person; an attempt or offer to beat, attack or hurt another, accompanied by a degree of violence, but without touching his/her person, as by lifting the fist, or a cane, in a threatening manner. A Threat is a statement or action (verbal, written or physical) which is intended to intimidate by expressing the intent to either harass, hurt or take the life of another person (an employee, his/her family, friends and associates), or damage/destroy a person's or the organizations property. This includes threats made in jest, but which others could perceive as serious as well as communicating an endorsement of the inappropriate use of firearms or weapons. Intimidate — To make afraid; to frighten or scare by use of words or actions that induce fear. To force a person into, or deter them from, some action by inducing fear by, or as if by, threats. Workplace bullying is a form of harassment that is not based on an individual's protected class status (i.e. gender, race, sexual orientation, religion, age, disability, national origin, etc.), and is conduct perpetrated intentionally, maliciously and repeatedly over a period of time against another employee. The conduct can include, but is not limited to, repeated infliction of verbal or physical abuse, such as the use of derogatory remarks, insults, and epithets; that a reasonable person would find threatening, intimidating, or humiliating; or the gratuitous sabotage or undermining of a person's work perFormance. Assaultive Behavior — threatening another person with or brandishing a weapon, stalking, threatening, talking or engaging in behaviors or gestures that would reasonably make another person fear for their safety. Domestic Violence at Work is abusive behavior that is physical, sexual and/or psychological, intended to establish and maintain control over a partner which is extended into the victim's place of employment. This may include behaviors such as frequent harassing phone calls, unwelcome visits to the workplace that annoy, scare, make the employee afraid and/or disrupt the work environment, stalking, physical assaults, threatening behavior, loud outburst, etc. on City premises. Weapons include guns, knives, explosives, and other items with the potential to inflict harm. Terrorism is defined as the premeditated, politically motivated unlawful use of force or violence perpetrated against non-combatant targets or property usually intended to intimidate or coerce a government, the civilian population, a City or any segment thereof, in furtherance of political or social objectives. Workplace — A workplace is anywhere a City employee is conducting authorized City business, or enroute to and from (excluding normal commute) a location where City business is, will be, or has been, conducted. Disruptive Behavior — behaviors that reach a level that they interFere with or negatively impact the perFormance of other people, or substantially distractive in nature to interFere with normal work flow in a department or behaviors that are sufficiently annoying that they cause other people to repeatedly have high levels of stress, to fear for their safety or directly or indirectly imply the intent to do harm to another person. Hostile Work Environment —(see City's Personnel Policy / Offensive Behavior policy) 32.4 Types of Workplace Violence Type /- The aggressor has no legitimate business relationship to the workplace and usually enters the affected workplace to commit robbery or other criminal acts such as robbery. Type ll - The aggressor is either the recipient or the object of a service provided by the affected workplace or the victim, such as a current or former client, patient, customer, passenger, criminal suspect, inmate or prisoner. Type lll - The aggressor has some employment related involvement with the affected workplace such as a current or former employee, supervisor, manager, a spouse or significant other, relative, friend or some other person who has a dispute with an employee of the affected workplace. 32.5 Employee Responsibilities Everyone in the organization is responsible for helping to prevent workplace violence. Employees have a very important role in contributing to the maintenance of a safe and secure work environment. Each employee is responsible for carrying themselves in a professional, courteous, responsible manner and treating all persons encountered in the workplace in a respectful manner. Employees are also responsible for following established safe work practices and security policies in addition to the provisions of this policy. 32.6 Duty to Report Employees are required to immediately report threats, acts of violence, suspicious and at risk behavior, or incidents that violate this policy. Employees should report threats, acts of violence or policy violations to the following position(s): their immediate supervisor, department head, Human Resources Manager and/or City Administrator. Supervisors and department heads must report threats, acts of violence or policy violations to the City Administrator or designee. 32.7 Emergency Situations Employees should immediately report threats or acts of violence that are of an imminent danger or emergency situation to law enforcement by calling 9-1-1. 32.8 Restraining Orders An employee who applies for or obtains a protective or restraining order, which lists the organization's location(s) as being protected areas, must provide to their immediate supervisor, department head, Human Resources Manager and/or City Administrator with the following information: • A copy of the petition and declaration used to seek the order, and • A copy of any temporary protective or restraining order which is granted; and • A copy of any protective or restraining order which is made permanent. Employees that observe or are aware of an imminent danger or emergency situation should immediately notify the responsible law enforcement agency to advise them of the situation. You should be prepared to give the specific location where the situation is occurring, the facility's address and a description of the events that have occurred. Once you have notified appropriate law enforcement personnel notify your immediate supervisor, department head, Human Resources Manager and/or City Administrator. Employees are required to report to their immediate supervisor, department head, Human Resources Manager and/or City Administrator knowledge of a co- worker having obtained a restraining order against another employee. Employees are required to report to their immediate supervisor, department head, Human Resources Manager and/or City Administrator knowledge of a co- worker having obtained a restraining order against an external person. 32.9 Domestic Violence/Abuse Employees are encouraged to report to their immediate supervisor, department head, Human Resources Manager and/or City Administrator knowledge of a co- worker that is being abused outside of work or that is a victim of domestic violence. 32.10 Department Head/Supervisor's Responsibilities Department Heads/Supervisors — Department heads and supervisors are responsible for ensuring compliance with the provisions of the Workplace Violence Prevention policy. All reports of workplace violence must be taken seriously. The initial verbal report must be followed up with written documentation and must be investigated. Additionally, Department Heads/Supervisors are also responsible for: • Ensuring that all employees are in compliance with the department's Workplace Violence Prevention policy. • Disciplining employees for failure to comply with the policy. • Protecting employees who report incidents of workplace violence from retaliation by the person making the threats, by taking actions such as removing the person making the threats from the work area until the situation is resolved. For serious threats or acts of violence, law enforcement should be called. • Providing support to victims of violence in the workplace. 32.11 Employee Assistance Program (EAP) To provide assistance in dealing with personal problems or situations that may cause heightened levels of stress the City provides the Employee Assistance Program (EAP). It is an independent service provided by a contracted organization that specializes in providing services that can assist employees in dealing with life situations that are problematic. The EAP is a service that employees are encouraged to use when they need help. Employees can contact their immediate supervisor, department head, Human Resources Manager and/or City Administrator, or the EAP directly to get more information about the program, its benefits and how to effectively use this valuable service. 32.12 Victims of Workplace Violence The City is committed to the psychological well being of all �employees and consequently, if an employee is a victim of a threat, violence or other inappropriate behavior as defined by this policy the employee's supervisor should refer the employee to the Employee Assistance Program or other psychological services that may be available to them. 32.13 Communication to Employees To ensure that employees are properly informed and understand about the City's workplace violence prevention policy, supervisors are required to review the policy with their direct reports at a minimum of once a year. 32.14 All Reports Must be Taken Seriously Supervisors are responsible for taking all reports of threats, acts of violence, suspicious and at risk behaviors, or violations of this policy seriously, to document the situation and to initiate an investigation by contacting their immediate supervisor, department head, Human Resources Manager and/or City Administrator of the reported information. 32.15 Victims of Domestic Violence Supervisors are expected to be supportive of employees who are experiencing these issues and are encouraged to contact their department head, Human Resources Manager and/or City Administrator for assistance regarding how best to address the situation. 32.16 Prohibited Behaviors and Standards of Conduct 32.16.1 No Weapons The City strictly prohibits all employees and individuals entering our property from possessing weapons including, but not limited to, firearms, explosives, knives, clubs, incendiary devices, and other items with the intent to inflict physical harm or threaten others. Please note that within the provisions of State law this prohibition against bringing weapons onto our premises also applies to employees who may have obtained a permit to carry a firearm. This prohibition applies not only to physical premises, but also City assigned vehicles, in private vehicles parked on City property, and in the possession of an employee while on duty or working off the City's business premises. 32.16.2 Bullying In addition, to prohibiting verbal threats, intimidating and disruptive behavior that may contribute to the creation of a hostile work environment the City also considers bullying behavior to be offensive and this behavior will not be tolerated. Any employee that perceives he or she is a recipient of bullying behavior should immediately report to their immediate supervisor, department head, Human Resources Manager and/or City Administrator, the specific behaviors that he/she is being subjected to. 32.16.3 Convictions of Domestic Assault, Stalking or Crime of Violence Employees convicted of domestic abuse, stalking, or a crime of violence are required to notify the City Administrator, within 48 hours, of a conviction. Not reporting the conviction will subject the employee to disciplinary action up to and including termination. Since `previous acts of violence increase the possibility of future acts of violence may occur' we will treat a conviction as a serious warning sign for the potential of violence to occur in the workplace. Consequently, the perpetrating employee will be required to undergo a psychological fitness for duty assessment and to follow the prescribed course of recommended action. This may include entering a treatment program, anger management coaching or other actions deemed appropriate. An employee who does not complete a recommended program may be subject to disciplinary action up to and including termination. 32.16.4 Terrorism Acts of attempted or actual terrorism that contribute to or support terrorism are explicitly prohibited on our premises, while an employee is on duty or performing their job as well as when off duty. Terrorism is a violation of law and of such a serious nature that the City will fully cooperate with law enforcement agencies by providing information that may help bring perpetrators to justice. Violations of this prohibited behavior may subject an employee to immediate disciplinary action up to and including termination. Terrorism is defined as the unlawful use, threat or attempt or use of force or violence against persons or property of the City intended to intimidate or coerce a government, the civilian population, the City or any segment thereof, in furtherance of political or social objectives. ** Note this provision does not apply to any protected activity provided by law under the National Labor Relations Act 32.16.5 Hostile Work Environment Consistent with our policies that prohibit sexual and other forms of harassment, acts of verbal or physical violence are also considered to be included as part of the definition of unwelcome verbal, physical or visual conduct that are not acceptable in the workplace. It is recognized that these behaviors when repeated over time and/or are so severe and pervasive that they can contribute to the creation of a hostile or abusive working environment which interFeres with an employee's ability to perform his or her job. For these reasons this behavior will not be permitted and employees found to be perpetuating these behaviors will be subject to disciplinary action up to and including termination. 32.16.6 False or Malicious Statements An employee that knowingly makes a false or malicious allegation accusing another employee of violating this policy will be subject to disciplinary action up to and including termination. 32.16.7 Behaviors that constitute a significant risk An employee that is deemed to pose a significant risk of substantial harm to his/her own safety or to the safety of other employees may be required to take a Psychological Fitness for Duty evaluation and/or Individual Threat Assessment and may be subject to other actions as well. 32.16.8 Off Site Threats or Acts of Violence In order to fulfill our commitment to provide a safe workplace, an employee who makes a threat or commits an act of violence while off the City premises may be subject to disciplinary actions up to an including termination, if the employee's actions are deemed to affect the business interest of the organization. 32.17 Investigation Procedure The City will promptly investigate all complaints and/or incidents. Depending on the severity of the situation, law enforcement may also investigate the incident. This may occur independently and/or in conjunction with the Administrative investigation. 32.18 Inspections The City reserves the right to enter and/or inspect work areas including, but not limited to, desks, file cabinets, lockers, computers, computer storage devices, telephones, voicemail machines, email, fax, copiers, City vehicles and equipment, cars parked on City premises or parking lots, etc., provided to employees with or without notice. Employees are reminded that possession or storage of weapons, with the intent to injury and/or threaten, while working on City premises is strictly prohibited and will subject the employee to disciplinary action up to and including termination. In addition, employees should be mindful that using any City provided equipment while working or on City property, e.g., computers, fax machines, telephones, pagers, etc. to communicate abusive or threatening language will also subject the employee to disciplinary action up to and including termination. 32.19 Threat Management Committee A Threat Management Committee has been formed to coordinate our efforts to create and implement our workplace violence prevention program. The team is responsible for providing assistance to supervisors with matters involving workplace violence, making recommendations regarding how to address incidents of violence, taking steps necessary to continue or resume business, providing information to the media and assessing incidents to learn how to improve the prevention efforts. Membership on the committee will consist of the Human Resources Manager, Administrative Police Captain and Detective Sergeant and other employees and/or consultants designated by the City Administrator, as well as any other functions/disciplines that are deemed to add value. If you have suggestions for ways to improve the safety and security at work, please pass them along to a team member or leave a suggestion in any one of their mail boxes. 32.20 Crisis Management If an incident of violence occurs in the workplace in which an individual is seriously injured the City is committed to the psychological well being of its employees. We will provide Critical Incident Stress Debriefing by an experienced licensed psychologist with specialized professional expertise to assist employees in dealing with the physical or psychological symptoms that are generally associated with trauma exposure to allow for the ventilation of emotions and thoughts associated with the crisis event. 32.21 Training Education and training of supervisors and employees is considered to be a critical component of helping to combat and prevent workplace violence. Accordingly, the City is committed to providing appropriate training as a part of the overall workplace violence prevention initiative. 32.22 Administrative Procedures 32.22.1 Record Keeping Requirements It is the responsibility of the Human Resources Department to keep records regarding reported threats, incidents of violence, etc. These records should be kept in secure area and maintained in a confidential manner. 32.22.2 OSHA Reporting Requirements All incidents in which an employee is injured must be reported to the City Clerk immediately so that the information can be recorded on the OSHA log 300. The City Clerk must also directly report to OSHA Incidents in which 3 or more employees are injured or a serious injury or death occurs. SECTION 33. CRIMINAL CONVICTION POLICY 33.1 Purpose The City is committed to assuring a safe and secure environment for its employees, residents and others who may receive services from or have contact with City employees. For this reason, the City has enacted this policy which provides a mandatory process by which all applicants and employees (as defined below) must report any criminal conviction(s) to the City Administrator or his/her designee and sets forth standards by which any convictions will be evaluated and acted on. This policy sets forth a process which enables the City to review the circumstances of the criminal conviction(s) to assure that the applicant or employee in question does not pose an unreasonable safety risk to fellow employees or residents or indicate conduct that would be inconsistent with the employee's assigned job duties and his/her access to City resources or facilities. The standards contained in this policy shall apply to criminal convictions reported directly by the applicant or employee or identified independently by the City through any other means. This policy requires applicants (before a conditional job offer is made) and employees to report criminal convictions which occur both before reporting for his/her first day of work and after such date so long as employment with the City continues. Note: This policy does not override or limit more stringent policies or laws which may be applicable to applicants or employees (1) who are subject to special licensure or certification; (2) who otherwise occupy positions that are subject to higher standards of disclosure, such as in the Department of Public Safety; or (3) who have access to sensitive City information or facilities. 33.2 Applicability This policy applies to all City applicants and employees. Individuals covered by this policy ("applicants" and "employees") include all regular, temporary and on- leave applicants and employees. 33.3 Reporting A. City applicants and employees must report any criminal conviction(s). For this purpose, "criminal conviction" means all criminal convictions and pleas that are acknowledgements of criminal responsibility, including but not limited to prayers for judgment that occur on or after the effective date of this policy, registration as a convicted sex offender with any governmental authority as a result of any prior conviction for a sex offense, and/or any convictions or pleas that are acknowledgments of criminal responsibility subject to the jurisdiction of a military court. Convictions for routine traffic-related infractions (e.g., speeding, unsafe movement, improper equipment) are not required to be reported under this policy unless driving is a required part of the applicant's or employee's regularly assigned job duties. In these circumstances, the applicant or employee must report any traffic-related conviction under the provisions of this policy. B. Applicants are required to report criminal convictions as outlined in this policy to the City Administrator or his/her designee. Employees are required to report criminal convictions as outlined in this policy within five business days of the conviction or other covered criminal disposition. The employee is required to report this information to the City Administrator or,his/her designee. The employee must provide to the City written documentation (for example, a written court record of the conviction or plea) that describes the criminal conviction(s) in question. Department heads and supervisors who have had such matters reported directly to them, either from the employee or through any other source, must immediately convey this information to the City Administrator or his/her designee for the appropriate review and assessment as described below. C. A willful failure to report a criminal conviction under this policy or to cooperate with City authorities in regards to a reportable matter, including but not limited to refusing consent to a criminal history check under this policy may subject the applicant or employee to appropriate disciplinary action, up to and including denial of City employment or termination of City employment. 33.4 Consideration and Assessment of a Criminal Conviction A. The intent of this policy is to ensure the safety of the community and to properly protect the City's resources and reputation. It is not the intent of this policy that every criminal conviction will result in taking an action that would adversely affect an individual's employment with the City. B. Responsibility for reviewing and assessing the criminal conviction(s) in question and determining any necessary action is assigned to the City Administrator or his/her designee. C. The City Administrator or his/her designee, in consultation with the applicant's or employee's supervisory chain as well as the Director of Public Safety, will review the criminal conviction(s) in question to determine if the matter directly relates to the position of public employment. Depending on the nature of the reported criminal conviction, the Public Safety Director or his/her designee may initiate an updated criminal conviction check for the employee in question both to assist in its risk assessment and also to determine whether there are other convictions previously unknown to the City that may influence the City's assessment. In the event an updated criminal convictions check is initiated under this policy, the Public Safety Director or his/her designee will provide the affected employee any required disclosures under the federal Fair Credit Reporting Act. Using the standards provided below, the applicable City office(s) and the applicant's or employee's supervisory chain will determine fhe most appropriate action to be taken by the City, if any. Such action may include but not be limited to modification of assigned duties or work assignment, continuation of employment conditional on successful completion of appropriate treatment or counseling, or appropriate disciplinary action up to and including denial of employment or termination of employment. D. In considering whether a criminal conviction may necessitate the City taking an action which may adversely affect an individual's employment with the City, the following factors will be used to determine an appropriate course of action: • The nature and seriousness of the criminal conviction; • The relation of the criminal conviction to the ability, capacity and fitness required for the job; • The context of the events surrounding the criminal conviction and the totality of circumstances present; • The purpose of regulating the position, including but not limited to potential damage to the City's reputation and/or violation of the public trust; and • Any other extenuating circumstances, competent evidence of sufficient rehabilitation or present fitness to perform the job documented by the employee or otherwise known to the City. 33.5 Notification and Appeal If a reported criminal conviction is a factor in taking an adverse action against an applicant or employee based on the guidelines set forth in this policy, the City Administrator or his/her designee will notify the applicant or employee in writing of the following: The action to be taken, the grounds and reasons for the action and the applicant's or employee's process to appeal the action; The earliest date the applicant or employee may reapply for a position of public employment; and Notification that all competent evidence of rehabilitation presented will be considered upon reapplication. This policy does not grant appeal or grievance rights to an applicant or employee who does not otherwise enjoy such rights given the terms of his/her relationship with the City. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the above listed section of the City of Cottage Grove Personnel Policy be amended. Passed this 19th day of February 2014. Attest: Myron Bailey, Mayor Caron Stransky, City Clerk REJECTION CRITERIA FOR CITY OF COTTAGE GROVE APPLICANTS- NON-SWORN PERSONNEL The following WILL result in the reiection of the anplicant: Evidence that the applicant misrepresented himself/herself or falsified any information submitted to the City Failure to submit to a pre-employment physical and/or drug test Failure to sign a waiver allowing City staff to speak with previous employers and/or references Failure to consent to a criminal background check after an interview or conditional job offer is made, whichever sooner The followin� MAY result in the reiection of the anplicant: D.U.I., D. W.I., Implied Consent or B.A.C. over .08 on the driving record in the last 5 years Felony & Gross Misdemeanor Convictions. (Including pardons) Controlled substance conviction Criminal sexual misconduct conviction Theft conviction Assault conviction Misdemeanor conviction (including traffic convictions, driving after revocation and driving after suspension) in the last 3 years Dismissal from employment or negotiated resignation in lieu of termination An undesirable discharge from the military or an honorable discharge which indicates the applicant is not eligible for reenlistment More than two "at faulY' motor vehicle accidents in the last two years Documented instances of misconduct by prior employers Documented instances of undesirable work habits Documented patterns of unfitness or patterns of misconduct Undesirable credit and/or fmancial history Undesirable contact with any law enforcement agency Documented history of conduct that e�ibits patterns of behavior that would be unacceptable for an employee of the City of Cottage Grove Insufficient references or unsatisfactory references or unsatisfactory personal qualifications All applicants considered for rejection will be reviewed by the Citv Administrator and/or Director of Public Safetv and given an o��ortunitv to demonstrate that an exclusion should a�plv �iven his/her particular circumstances.