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Home My WebLink About1998-12-02 PACKET 04.L.REQUEST OF CiTY COUNCIL ACTION COUNCIL AGENDA MEE7ING ITEM # DATE 12/2/98 � PREPARED BY Administration Michelle Wolfe ORIGINATING DEPARTMENT STAFF AUTHOR < a x a x n��+: >�� e<:e x c e rr e r t m� s a t+< a> a rr w c s e� a+�,+ x< c e w+: COUNCIL ACTION REQUEST Adopt Personnei Policy for the City of Cottage Grove STAFF RECOMMENDATION Approve the attached Resolution Adopfing a Personnei Policy for the City of Cottage Grove BUDGET IMPLICATION $ BUDGETED AMOUNT AGTUAL AMOUNT FUNOING SOURCE ADVISORY COMMISSION ACTION DATE ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY � Training Committee • • a e ' ► �I�7�Zfl11�1��Ca� REVIEWED ❑ ❑ ❑ ❑ ❑ � APPROVED ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: tviemo from Michelle Wolfe dated November 21, 1998 � RESQLUTION: Draft ❑ ORDINANCE: ❑ EtJGINEERING RECOPviMENDATION: ❑ LEGAL RECOfNMENDATION: ❑ OTHER: . -. �• � i i. DENIED ❑ ❑ ❑ ❑ ❑ ❑ � _ll ��9�' C3ate k*'k * x k M ## k Y k# h i> C Yr *# k d t b> d+ k# k rt it ** 9& t* d *'k 4# fr* 4* couNC�� c�rio� �ra�Er�: ❑ �a��c�v�ca ❑ r��iEa ❑ a�H�� . , • ro From Date: Re: Honorable Mayor and City Council Micheile A, �yo�fe, Assistant Cif yqdministrato r ��"' 11 /21l98 � Resolution Adopting Changes to the Personnel Polic : and Education (T7 Po�i�y and Nepotism P y Training, olicy BA CKGROUND 7 ravel, At the Cify Council worksho proposed revisions to the p � n NO Vember 1 the Trave� C�fY's Personnel P 8 � 1998' City Council reviewed empioye�s T staff g' &Education y Was dev discussed at the worksho nepotism based on p0 �� c policy, samples obtained frorr�o h � es wrofe the p D ISCUSSION Section 16, fravei Trainin workshop, �,,�th onl g and Educafion addressin Y�ne addition. We have nc&uded ra� �ns as 9 Automobile Frin e presented at tne regu�ations regarding this beneSt �efits. The 9 �a9e under 16.12(2), Section 17, N p �� Y S � m p�1' �eflects the IRS shown b Potism po��y has so the �y Y strikeout (for deletions me revisions. orkshop, these chan � and underiine (fo add'iao��s the chan policy. ges were ex 9es ars pected, and were inclu f o a�a �ussed at fy the REC OMMENDqr�O N Approve the attached Resotut(on qdo ��age Grove. pting a City � Co�age �rove Personnel Policy for the City of F: iGROUPSIPER_ECON1Mqyy�po��GeslMemo 7. dor. RESOLUTION NO. 98-XXX EPEALING RESOLUTION 96-12 AND REPEALING RESOLUTION ADOR ING A PERSONNEL POLICY FOR TNE CITY O COTTAGE GROVE, RESOLUTION 92-278 WHEREAS, the City of Cottage Grove needs to update its policies from time to time; and the policy regarding WHEREAS, the City has identified a need to eodie and travel, training, education, and reimbursement of exp an emp�oYee committee has developed a new Travel, WHEREAS � po a�d Training, and Education ( otism po��Y� and WHEREAS, the City has identified a need for a nep �ace the Cit 's current Personnei Policy shall be revised to rep WHEREAS y oiic and business travei la�{9� policy the curren4 Section t 6` p�ace th Section 17 with the nep attached herewith, language attached herewith; the City Council �f t aaopt a NOW THEREFORE BE �T R e of Minnesot Resotu�t on 96-12 and Cottage Grove, County of Washing e Grove, repealing Personnel Policy for the City of Cottag repealing Resolution 92-278 _ _..� �rR,nnn► POLICY SECTION '►b. � R'`"" ' � �ovide guidelines and ur ose of this policy is to p articipate in Travei, Training, and 999 16_1� Se• The p P rior to December 31, procedures to be used when indi odca�ip reviewed p Education (TT&E) events. This p Y to determine if changes are necessary• Resolution No. 98-XXX Page 2 16.2 Training/Education Philosophv. Through its commitment to PRIDE, the City will maintain a highly skilied, 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 will comply with all budgetary limits. It is expected that any training, travel or education funded by the Cify will be for a defined purpose to further organization goals. It is aiso expected that any expenditure will be for a valid business purpose. 16.3 TT&E Program Definitions Advanced Education - Any training or program participation that could result in a certification or degree from an Accredited Coliege, university or trade School. Comparable Trainina- Any training or program substantially similar in content, or which meets similar criteria for certifications, licenses, or other required training. Established Saf� Policies - The adopted safety policies and criteria established by the entire City or individual departments and relating to the expected and required safety conduct, responses, action or training. Oraanization goals - Remaining current with changing legal or technical requirements, maintaining education requirements for various certifications, and researching best practices. Priority 1 Trainina — Required and necessary training. TT&E participants receive training in the skifls needed to perform the specific job function in his/her divisionldepartment. 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 resuit in penalties or fines. These training opportunities are intended to meet ali applicable standards, certifications, accreditations and ficenses 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 Traininq — Desirable training for job enrichment which includes verbal or written skilis, techno�ogy, 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 two opportunities are subject to department head approvai and to the availability of department training funds, PRIdE - Personal service Responsiveness Innovation �edication Effectiveness Training Officer -'i"he Assistant City Administrator. Resolution No. 98-XXX Page 3 Trainin�Plans — Department Training Plan: A narrative document detailing a one-year pian for training, education and professional development that sets minimum standards and goais 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 shail 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. TT&E Locations — ln-House Training — Training provided at City facilities or through City of Cottage Grove arrangements. Locai Training — TT&E events which take piace in the seven county metropolitan area. National Training — TT&E events which take place outside a 500-mile radius of Cottage Grove. Regional Training — TT&E events which take place outside the Twin Cities Metro Area (local training) but within a 500-mile radius of Cottage Grove. TT&E participant - All Fuli and Part time city employees, Interns, Council members and affected Commission and Committee members participating in TT&E events. 16.4 TT&E Program Eliqibi(ity/Priority. The following criteria wili 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 Departmental Training Plan Additionai Criteria: • Priority level of training (Priority 1 or Priority 2) . Training associated with estabiished safety policies • 7raining associated with new trends, techniq�es, or technoiogy utilized by the City . Training associated with equipment or machinery utiiized by the City Resolution No. 98-XXX Page 4 • Training related to an established step advancement training program • In accordance with an approved Professional Development Plan (individual) 16.5 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 additionai 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 individuai 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 ail 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 state, and preferably the metro area, should be the practice whenever possible. C. TT&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: 1. Training in-house 2. Training Locai 3. Training Regional 4. Training National Regionai or national training shall not be approved if there is reasonable access to comparabie 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(fravel Request form or an Education Reimbursement Application (see Section 16.11). Written approval from the department head and City Administrator or designee wiil be required. On the form, the TT&E participant must include a statement indicating the expected benefit of the event. Resol�tion No. 98-XXX Page 5 16.6 Allowable Ex�enditures A. General The City pays a TT&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. :L�� • If the TT&E event is more than one day in duration, there shaii 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, TT&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, 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 will be reimbursed unless prior approval is granted. . Costs for alcoholic beverages shall not be reimbursed. • Receipts will be required for reimbursement upon return from the event, along with any unused portion of the meal allowance (if cash advance was received). Rec�ipts must clear!y state date, !ocation, and name of restaurant. A representative of the City may occasionally be in the position of fiaving to provide a meal for other persons who have o�cial 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) the expenditure must be approved by the City Administrator or designee prior to the event; 2) the name and official capacity of each person attending must be listed; 3) the public purpose/benefit of the meeting must be described; 4) a receipt must be provided; and 5) no afcoholic beverages wili be reimbursed. Resolution No. 98-XXX Page 6 C. Lodging • Reimbursement for lodging expenses shall be allowed only for authorized TT&E participants. . A TT&E participant should choose lodging based on reasonableness of cost, and proximity to the conference, meeting, or training site. • Reimbursement will be made at the lowest standard single room rate of the chosen facility. • Each authorized person shall be allowed an individual singie room. • Lodging costs, shall be reimbursable only from the night preceding the conference, through the night immediately following such event, unless an additionai evening's stay will decrease travel costs. • Overnight stays within the local training area are not permitted without the City Administrator or designee's approvai in advance of the stay. D. Miscellaneous expenses • One (1) personai 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 will be reimbursed. E. Transportation (1) Auto Rentai Rental 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 official business. Nluliiple quotes inciuding appropriate insura�ce 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 shouid 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. (2) City Vehicle and Personal Vehicle Usage Transportation within the state shall be by City vehicie. if a City vehicle is not available, a TT&E participant may use a persona4 vehicle. Approved personal auto usage while attending a TT&E event is reimbursed at the current Intemal Revenue Service per mile rate. The rity of Cattage Grove does not provide insurance on personal vehicles. Resolution No. 98-XXX Page 7 When traveling from the normal work location to a TT&E event and back, the mileage ailowance is the actual work related mileage traveled. When traveling from an TT&E participanYs residence to a TT&E event, and then to a normal work location, the mileage aliowance is the excess miles traveled over those normally 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 participant's residence. When traveling from the residence to a TT&E event and then returning to the residence, mileage in excess of that normaily 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 invoives travel to evening meetings outside the normai work hours, total mileage traveled is allowed. Personal use of any City vehicle is prohibited, other than commuting (for those TT&E participants required to commute in a City vehicle) or "de minimis" personal use. The City Administtator can approve take-home vehicles. (3) Air-Related Travel Policies Air travel by authorized TT&E participants must be the Iowest fare routing. Lowest fare routing is the lowest fare which: • Requires no more than one interim stop or change of planes each way . Resuits in a iayover nof exceeding two fiours �aeh way. Every effort shouid be made, when practical, to book tickets early to take advantage of money saving offers. At a minimum, airfare tickets must be purchased at least 20 days in advance. Frequent flier miles associated with TT&E travel are property of the City. If a TT&E participant wishes to drive and the mileage allowance would be greater that tne airfare would be, 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 required to travel by car will be the employee's own time. Resolution No. 98-XXX Page 8 (4) Shuttle Service and/or 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 participant's 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 andlor Pre-payment of Travei Expenses TT&E events requiring overnight accommodations or extended time away shali be eligible for a reasonable cash advance. Upon prior approval by the Training Officer a travel advance may be obtained from the Finance Department. The request must be submitted by the deadlines 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 approvai of voucher by the City Administrator or designee. 16.7 Reimbursement Procedures Oniy 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. Resolution No. 98-XXX Page 9 • Any unused portion of a cash advance will be returned to the City. • If the billing is for joint occupancy, the lodging cashier should 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 �odging bili showing both charges and payments for reimbursement. • TT&E participanYs submitting receipts for parking fees shail be 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 will be made to only one person. A significant unexplained discrepancy beiween the estimated cost as requested on the TT&E request form and the expense report form may resuit in a request for additionai justification. 16.8. Foilow-Up Procedure It is expected that all participants in TT&E will receive a documentabie benefit from attending a TT&E event. it is a goal of the TT&E program that participanYs share that benefit with an appropriate audience. Therefore, upon return from a TT&E event, participa�ts 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 empioyees who may benefit • discussion with supervisor The TT&E participani shali provide 4he Tr�ining Gr�'icer wiqFi � rating of the TT&E event, as weil as documentation of the follow-up procedure, on a form available from the Personnel office. Information will be maintained in the training database. 16.9 Computinq 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 normal working hours, regardiess of the day of the week, must be considered hours worked. If an TT&E participant is directed to travel to another city but returns home that evening, all travel time, less the TT&E participanYs normai commu#e, will be considered time warked. Resolution No. 98-XXX Page 10 The employer can direct when the TT&E participant should travel. This may sometimes invoive 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 travei time may be overtime if the TT&E participant is eligible per the appropriate labor agreemenUpersonnel 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 employees will be paid their normal salary. Travel time outside the normaf work schedule is not paid under any circumstances to exempt employees. 16.10 Exceptions Exceptions to this policy may be aliowed, with prior approvai of the Training Officer and the City Administrator, for unique circumstances, cost saving alternatives, or to provide for reasonabie accommodations for the physicai or medical needs of a TT&E participant. 16.11 Education Policv Any employee who is interested in pursuing further job related training and education opportunities could independentiy 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 employee's own time. (1) 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 employee for the payment of tuition and the purchase of books when ail of the following conditions have been met: a. That the course be taken at an accredited college or university, an accredited vocational institution, or is an approved adult education program; b. That the employee submit an Education Reimbursement Application form to his/her Department Head rip or to the commencement of the course. The request for approval shall state, at a minimum: . The name of the college, vocational institution, or adult education course being attended; Resolution No. 98-XXX Page 11 . The starting date of the course; • The estimated compietion 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 orde� to attend the course. • Once the form has been approved, it will be retumed to the employee. Only after the form is returned, signed, is the employee authorized to proceed. The empioyee shal( return the form along with receipts and grade reports upon compietion of the course. The above information can be provided on the Education Application form or attached to the form. c. All courses approved for tuition and book reimbursement must be job related; 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 shaii respond to the request including whether the request is approved or denied. Reasons for deniai shall be specified, and may include, but not be limited to, unavailability of funding, that the course �r p! is not reasnnably re[ateci to the employee`s job pertormance or knowledge, or does not develop skills reasonably necessary for his/her position; That 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 shail 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 empioyee 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 original approved Education Reimbursemen4 application form. Resolution No. 98-XXX Page 12 g, That 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 schooi. h. All tuition and book reimbursement is subject to the availabiiity of budgeted funds. 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 justifiabie City need for an employee to take additional schooling. Employees who receive tuition/book reimbursement, and who do not complete at least two (2) years of employment with the City after such reimbursement, wili be required to repay the reimbursement on a pro-rated basis for the two (2) years. (2) 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. 16.12 Business Travel And Expenses (_No�-Educational). And Automobile Fringe Benefits (1) Miscellaneous Expenses An employee shall be reimbursed for his/her actual out-of-pocket expenses expended for approved purchases on behalf of ths City. Such expenses will be subject to the guidelines established in Section 16. (2} Automobile Frin4e Benefits a. 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 wili be determined according to IRS guidelines and wili be considered taxabie income and reported on the !N-2 for any personal benefit, including commuting. Resolution No. 98-XXX Page 13 c. Monthly ailowances and per mile ailowances are considered taxable income and wili be inciuded on the W-2 form. d. It is the employees responsibility to maintain records for any deductions from this income due to miles driven, gas purchased or expenses incurred. e. Clearly 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 vehicies. f. The City considers automobile fringe benefit income paid monthly and must withhoid state and federal income taxes from this income. 16.13 Committee Membership (1) 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 O�cer shall also be notified if an employee is considering becoming a Board member of a professional organization. SECTION 17. NEPOTISM POLICY 17.1 Relatives of current City employees and City Council members are not eligible for employment in job classifications in which a conflicf of interest may occur. Therefore, relatives wiii not be hired where: (a) one spouse wouid have the authority or practical power to supervise, appoint, remove, or discipline the other; (b} one would be respo�sible for auditing the work of the other; (c) other circumstances exist w+hich would place the relative in a situation of actuai or reasonably foreseeable conflict between the City's interests and their own; and (d) where the ' , . applicant/City employee has a relative who is empioyed by an organization witn whom the City has business dealings, and in the City's judgment, considering the positions and job responsibilities of both the appiicanUemployee and the relative would create an appearance of improper influence or favor or would jeopardize the confidentiality of data maintained by the City. 17.2 The City is not obligated to give special treatment, such as preferential scheduling, to married couples. Resolution No. 98-XXX Page 14 17.3 Definitions 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, eer�e�r-law 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. 17.4 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. 17.5 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 officer(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 available 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 compiied 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 o�cer, 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 aee emp{oyzes, the City Administrator shall recommend termination the affected person(s) with the snortest length of employment with the City. This provision applies to all ^�m positions of the City. 17.6 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. Resolution No. 98-XXX Page 15 Passed this 2nd day of December 1998. John D. Denzer, Mayor Attest: Caron M. Stransky, City Cierk y� CMange to D�aft Resolution, Section 17.1(a}. SECTtON 17. NEPOTISM POLICY 17.1 Relatives of current City employees and City Council members are not eligible for employment in job classifications in which a conflict of interest may occur. Therefore, relatives wiil not be hired where: (a) one spease re�ative would have the authority or practicai 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 ' , . applicanUCity 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 applicanUemployee and the relative would create an appearance of improper influence or favor or would jeopardize the confidentiality of data maintained by the City. 17.2 The City is not obligated to give special treatment, such as preferential scheduling, to married cpuples. 17.3 Definitions Relative: The term "relative" when used in this policy mea�s any two (2) or more individuais who reside in the same dweliing unit or who are related to each other by blood, se�efl-law marriage, or adoption where one of the individuals is the spouse, parent, grandparent, child, brother, or sister of the pther. Employee: Anyone employed in a fuli- or part-time regular status position, or in a seasonal, temporary, or paid on-call firefighter position. 17.4 Persons employed prior to December 2, 1998, who are presently working in a position that would be in conflict with this policy, wiil be exempted from this policy. 17.5 Whenever any appointed officer or employee becomes related, either by marriage or adoption, to another officer or empioyee in one of the relationships previously listed in this policy, the affected officer(s) and/or employee(s) shall be allowed to remain in his/her position(s) for a period of one year ftom the date on which the affeated person (s) became related. During the one �ear period, #he affected person(s) shaii be permitted to appiy for a transfer to any available position with 4he 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" shaii 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 4his secYion 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 empioyee of the City, the City Administrator shall recommend termination of the employee(s); and where the affected persons are empioyees, the City Administrator shali recommend termination the affectad person(s) with the shortest length of employment with the City. This provision applies to all e�+ses-aad positions of the City. 17.6 Nothing herein shail be interpreted as requiring an empioyee at the time of an election to be discharged because a relative described herein has been elected an officer of the City. , .�.� . . �