Harmony Personnel Policy
Adopted October 2001 Modified- December 2010, October 2013, January 2018
CITY OF HARMONY
PERSONNEL POLICY
ADOPTED
October, 2001
Modified
December 2010
October 2013
January 2018
LIBRARY BOARD REVIEWED ON October 11, 2021
Harmony Personnel Policy
Adopted October 2001 Modified- December 2010, October 2013, January 2018
INTRODUCTION
PURPOSE & INTENT
It is the purpose of this policy to establish a uniform and equitable system of personnel administration for employees of the City. The provisions of this personnel policy do not establish terms and shall not be construed as contractual provisions. They are not intended to be all-inclusive or to cover every situation that may arise. The policies are intended as a general guide to employees. This policy may be amended at any time at the sole discretion of the City.
It is the policy of the City of Harmony to promote fair and equitable treatment of all employees and to comply with all Federal, State and local regulations insofar as they are applicable to the City.
SCOPE
Applicability. Except as otherwise specifically provided, this ordinance applies to all employees of the City except the following:
All elected officials and officials appointed to the unexpired portion of an elected official’s term;
Members of boards, commissions, and committees;
Volunteer members of the fire department and ambulance service;
Consultants & contractual service providers (attorney, engineer, etc.);
Employment Agreements. In no event are these policies or any practices of the City of Harmony or its enforcement of them to be considered as an employment agreement between any employee and the City, its officers or employees or relied upon as such.
The City may enter into such employment agreements if the City Council deems it to be in the best interest of the City. All agreements shall be reduced to writing. Matters not addressed in an employment agreement shall be subject to the policies in this manual.
Provisions Superseded in Certain Cases. Nothing in these policies is intended to modify or supersede any applicable provision of State or Federal law. Should any policies contained in this manual be found to be inconsistent with Federal or State law or the Municipal Code then the provisions of those laws shall govern to the extent of the inconsistency. Should any policies contained in this manual be found to be inconsistent with a collective bargaining agreement entered into in accordance with the Public Employment Labor Relations Act1 or other employment agreements between employees and the City then the those agreements shall govern to the extent of the inconsistency.
Nothing in this part is intended to modify or supersede any provision of the Veteran’s Preference Act.2
DEFINITIONS
For purposes of these rules, the following definitions shall apply:
Anniversary Date – the anniversary of the employee’s date of employment or promotion.
City – the City of Harmony
City Council – the Council of the City of Harmony
Date of Employment – the time and date an employee first reports to work.
Department Head – the lead employee of a unit of the city organization.
Drugs – non-prescribed controlled substances, alcohol and alcoholic beverages.
Employee, Exempt – an employee who is not covered by the provision of the Fair Labor Standards Act.
Employee, Full-Time – an employee regularly scheduled for a minimum of thirty (30) hours per workweek.
Employee, Hourly – an employee whose basis of pay is expressed as an hourly rate.
Employee, Non-exempt – an employee who is covered by the provisions of the Fair Labor Standards Act.
Employee, Part Time – an employee regularly scheduled for less than thirty (30) hours per workweek.
Employee, Regular – An employee who has successfully completed all stages of the selection process including the training period.
1 Minnesota Statutes Sections 179A.01 to 179A.25
Harmony Personnel Policy
Adopted October 2001 Modified- December 2010, October 2013, January 2018
Minnesota Statutes Sections 197.455, 197.46, and 43A.11
Employee, Salaried – an employee whose basis of pay is expressed as an annual amount (usually a department head or supervisor).
Employee, Seasonal – an employee whose work is of a limited duration recurring repeatedly during a twelve month period (i.e. summer, winter, Christmas, quarterly).
Employee, Temporary – an employee whose work is of a of fixed duration.
Family, Immediate – the employee’s spouse, children, parents, legal guardian(s), siblings, grandchildren, grandparents, parents-in-law, siblings-in-law and grandparents-in-law and members of the employee’s immediate household.
Grievance – an employee’s (or group of employees’) written complaint alleging unfair treatment or unsatisfactory working conditions outside the employee’s control.
Personnel Officer the duly appointed person charged with the administration of these policies and the personnel management system.
Position Description – a written explanation of the duties, responsibilities and qualifications for a specific position.
Promotion – the internal hiring involving movement of a current employee from one class to another where the maximum salary of the new position is higher than that of the former position.
Reclassify – Movement of an employee from one class to another class because of significant change or evolution of the position’s duties.
Severance Pay – Payments made to a terminating employee for the cash value of accrued but unused paid leave.
Temporary Appointment – Appointment to a position on a temporary basis (usually of short duration) where no benefit eligibility exists and no credit is given for seniority.
Trainee – An employee who is serving in a training period.
Training Period – A specified period of time at the beginning of employment (or the beginning period of a promotion or transfer) that is designated as a trial period. The training period is considered the last part of the selection process.
Transfer Movement of an employee from one position class to another, or one position to another, of equivalent pay.
Work Week – 12:01 AM Monday through 12:00 midnight Sunday.
EQUAL OPPORTUNITY EMPLOYER/AFFIRMATIVE ACTION
Policy. The City of Harmony shall not discriminate against any employee or applicant for employment because of race, color or creed, religion, national origin, sex, disability, age, marital status, sexual orientation, membership or activity in a local commission, or status with regard to public assistance (except when based on a bona fide occupational qualification) in all aspects of its personnel policies, programs, practices and operations.
The City of Harmony shall take affirmative action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to the following: hiring including all phases of the selection process, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training.
The City prohibits the harassment of any employee or applicant on the basis of their protected class status. The City shall commit the necessary time and resources, both financial and human, to achieve the goals of Affirmative Action.
The City shall evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria.
Any employee of this organization who does not comply with the policies and procedures set forth in this policy and plan shall be subject to disciplinary action.
Any subcontractor not complying with all applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of the Federal and State governing bodies or agencies thereof shall be subject to appropriate legal sanctions.
The Personnel Officer shall have the authority and responsibility to enforce this policy and plan and is the designated Affirmative Action Coordinator. The Personnel Officer’s responsibilities shall include monitoring all Affirmative Action activities and reporting the effectiveness of this Program, as required by Federal or State agencies.
If any employee or applicant for employment believes they have been discriminated against, the City encourages them to contact the Affirmative Action Coordinator.
Plan. The City of Harmony takes the following steps to ensure all employment practices are free of discrimination:
Adopt this policy and plan.
Distribute this policy and plan to all City employees.
Make a good faith effort to attract qualified protected class applicants to fill vacancies due to expansion and turnover.
Use an objective position-related hiring process when filling positions.
Prepare and adopt written position descriptions and update them periodically.
Advertise position openings in locations and publications that attempt to reach members of protected classes.
Provide information to employees and applicants alleging discrimination as to their rights under the provisions of the Civil Rights Act of 1964 as amended, the Minnesota Human Rights Act, and other State and Federal laws.
Receive and investigate complaints of alleged acts of discrimination by the City of Harmony.
ADDITIONAL RULES
Amendments, Additional Rules. The City Council may revise or amend, at any time, and at the sole discretion of the City, these policies. The City Council may also adopt additional rules and regulations to provide for a more complete system of personnel management. Said rules and regulations shall be maintained in a Personnel Policy by the Personnel Officer.
Departmental Policies. Department heads shall develop, and submit to the City Council for approval, additional work rules and regulations specific to their department’s needs. The department head shall also revise and expand on these departmental policies as necessary. The Personnel Officer and respective department head shall maintain a copy of said departmental policies.
Interpretation. Interpretation of these policies or decisions on items not covered within them shall be made by the Personnel Officer.
Conflict. Where departmental policies conflict with the personnel policy, the departmental policy shall govern to the extent of the inconsistency.
ENFORCEMENT
It is the responsibility of all employees, supervisors and department heads to ensure implementation of the policies in this manual. The Personnel Officer shall act as a resource and coordinator for the administration of this policy.
Failure of any employee to perform in a manner consistent with these policies shall be construed as grounds for disciplinary action.
GENERAL INFORMATION
ORGANIZATION
The department heads are the immediate supervisors of their departments and first contact for any employee related concerns. The Personnel Officer coordinates personnel activities and ensures that the city’s policies are carried out. The City Council has authority over all employment related actions.
Offers of employment, salary increase, promotion or termination are not binding until such time as the City Council formally approves such actions.
POSITION DESCRIPTIONS
General. Position descriptions shall be prepared for each position class. The classification of position duties, assignment of position titles, establishment of minimum qualifications, and the maintenance of position descriptions and related records shall be the responsibility of the Personnel Officer. Essential duties shall normally be specified on the individual position descriptions. The City Council prior to use shall approve all position descriptions.
Changes. It is recognized that positions may change over time to respond to the changing needs of the organization. Position descriptions shall normally be updated periodically as duties or assignments change. Whenever a position has changed sufficiently so that it can no longer be described adequately by the existing position description, the Personnel Officer or designee shall take appropriate action which may involve: reclassifying the position to another existing position class; creating a new position class; updating the position description; restructuring the position to fit an established or proposed class; or other action as deemed appropriate. Said actions shall be submitted to the City Council for approval.
New Positions. New positions may be developed as needed, but shall be approved by the City Council during the budget process, or as needed, prior to filling the position.
ASSIGNMENT OF WORK
Assignment of work duties and scheduling work is the responsibility of the department head.
EMPLOYEE RECORDS
Employee personnel records shall be maintained in accordance with the Minnesota Government Data Practices Act.3 All employee data shall be received, retained and disseminated in accordance with the Act.
PAY PERIOD
All employees are paid on a monthly basis. Pay periods begin at 12:01 a.m. on the 26th day of the month and end at 12:00 midnight on the following 25th of the month. An employee whose shift begins in one pay period and ends in another shall count all hours worked during that shift in the pay period in effect when the shift started.
TIME CARDS
All hourly employees shall record their hours on a time card. Vacation, holiday, sick leave, etc. shall be noted on the card and approved by the department head,
Salaried employees shall submit a summary of their hours worked as well as vacation, holiday, sick leave, etc. taken during the pay period.
PAY DAY
General. Employees shall be paid monthly on the 30th day of the month. When a payday falls on a weekend or holiday, employees shall receive their pay on the preceding workday. There shall be no advances against pay for any reason.
Final Pay Checks. Employees separating from employment with the city shall receive their final paycheck and severance pay on the next regularly scheduled payday. A terminating employee may request, in writing, to receive their final paycheck before that time as provided by State law.
RESIDENCY
After accepting employment with the City of Harmony, all regular, full-time employees hired for police and public works positions, shall establish residency within the City or no more than a ten-minute response time from the City limits.4 Residency shall be accomplished not more than ninety (90) days after their date of employment. Employees shall maintain residency throughout their tenure as a City employee.
3 Minnesota Statutes 13.43
VACANCIES
RECRUITMENT
General. Vacant positions shall be filled on the basis of a regular or temporary appointment and may be made on a full or part-time basis.
APPLICATION
Applicants for initial hire or promotion must normally submit written application material setting forth their qualifications and such other information as may be pertinent and required by the City.
Application materials of the unsuccessful candidates shall be held on file for twelve (12) months in the case that an opening for which they may be qualified occurs.
EXAMINATIONS
General. Applicant qualifications shall be evaluated in one or more of the following ways: a rating of experience and training; a written test; an oral test or interview; a performance or demonstrative test; or other appropriate position-related exam. Additionally, medical and drug tests may be given to determine an individual’s ability to perform the duties of the position.
Written Examinations. If deemed desirable by the Personnel Officer and appropriate department head, written tests may be administered as one method to determine the qualifications of candidates.
Oral Interview. Interviews shall be conducted by the appropriate department head, Personnel Officer and, in the case of department head or full time positions, a member of the City Council. The interview ‘panel shall recommend the top three candidates to the City Council for their approval. The full City Council may conduct an interview of these candidates if it so desires.
Medical Exams. The City may determine that a pre-employment medical examination is necessary to determine fitness to perform the essential duties of any City position. Where a medical examination is required, the offer of employment shall be made contingent upon successful completion of the medical exam.
The exam shall be conducted by a licensed physician designated by the employer and the cost of the exam shall be paid by the City.
The Personnel Officer shall inform the candidate and department head of the results of the examinations. If a candidate is rejected for employment based on the results, they shall be notified of this determination and may request further explanation from the physician.
Drug Testing.
The City may determine that a pre-employment drug test is necessary to determine fitness to perform the essential duties of any City position. Where a drug test is required, the offer of employment shall be made contingent upon successful completion of the drug test and results appropriate for the position offered.
APPOINTMENT
Every appointment to municipal service shall be made by the City Council on the basis of merit and fitness for the position according to written criteria. Merit and fitness shall be ascertained by examinations designed to evaluate the ability of the candidate to discharge the position for which the examination is held.
EMPLOYMENT OF MINORS
An applicant for employment with the City must be at least sixteen (16) years of age at the date of employment to qualify for any position. Special exceptions for certain positions may exist for persons fifteen (15) years of age. A minor under eighteen (18) years of age may not be employed under certain conditions and for certain occupations or duties.
TEMPORARY APPOINTMENTS
Temporary appointments may be made for a specified period of time or may be open-ended. When open-ended, the department head shall determine the ending date based on the needs of the organization. Temporary appointments shall normally be of a duration of six (6) months or less. This maximum time period may be extended on an exception basis, subject to City Council approval. Appointees to temporary positions shall not be entitled to benefits.
TRAINING PERIOD
General. All employees shall serve a training period of six (6) months beginning with the date of employment for new employees or the date of promotion/transfer for promoted/transferred employees. The training period is an integral part of the selection process, and shall be utilized for observing the employee’s work, for training the employee in work expectations, for assessing the employee’s abilities, skills, and interest, and for rejecting any employee whose performance does not meet the required work standards.
Completion of the Training Period. Immediately prior to completion of the training period the department head shall complete a review of the employee’s performance to date, involving the employee. The department head shall forward a written copy of the review to the Personnel
Officer along with a recommendation as to whether or not the employee has performed satisfactorily, whether or not the employee’s employment shall be continued and what wage or salary adjustments, if any, should be made. The Personnel Officer may agree with or modify the department head’s recommendation for consideration by the City Council. If modified the department head shall be notified of the changes and reasons therefore. The decision of the City Council shall be effective immediately unless otherwise provided for.
The employee shall be deemed to have satisfactorily completed probation upon approval of a recommendation for continued employment by the City Council.
In the case of department heads, the City Council shall evaluate the employee and determine whether or not to upgrade the employee’s status to that of a regular employee.
Upon recommendation of the department head, and approval of the Personnel Officer the training period of a new employee may be extended by the City Council under special circumstances up to a maximum of an additional six (6) months to allow further time for the employee to develop the necessary skills to successfully carry out the requirements of the position.
Nothing in this Personnel Policy shall be construed to imply that after completion of the training period, an employee has any vested interest or property right to employment with the City.
Termination During Training Period. A trainee employee may be demoted or dismissed at any time during the initial training period. An employee so dismissed shall not have the right to appeal or to a hearing unless otherwise required by State or Federal law. Likewise, if the employee feels that they are not suited for that particular position they may request a transfer, demotion or resign without negative consequences.
Benefits. PTO shall be earned during the employee’s original training period, but may not be used until satisfactory completion of the training period. Benefits for employees serving an additional training period due to transfer or promotion shall not be affected by the additional training period.
CHANGES IN EMPLOYMENT
PROMOTION
Employees are encouraged to apply for vacancies for which they are interested. For vacancies open to the public employees shall be evaluated on the same basis as other candidates. For vacancies to be filled internally employees may be promoted based on a variety of factors.
RECLASSIFICATION
A recommendation for an individual to receive a reclassification shall be made on the basis of the position’s content, resulting from significant changes in the kind, difficulty, or responsibility of the work performed in the position. A reclassification may warrant an increase or decrease in salary range. The City Council must approve all reclassification recommendations made by department heads.
REDUCTION IN WORKFORCE
After at least two (2) weeks notice to the employee, the City Council may lay off any employee whenever such action is necessary because of shortage of work or funds, the abolition of a position, or changes in organization.
If it is necessary to reduce personnel, temporary employees and those serving a training period in affected position classes shall be separated before regular employees. Within each of these groups, the selection of employees to be retained shall be based on merit and ability as determined by the department head, subject to City Council approval.
RESIGNATION
Any employee wishing to leave employment of the City in good standing shall provide to their supervisor with a written resignation at least two (2) weeks prior to the effective date of the resignation (thirty (30) days for exempt employees). The Personnel Officer may waive the notice requirement if if is determined to be in the best interest of the City. The resignation shall state the effective date and reason for the resignation. An exit interview with the Personnel Officer shall be scheduled for the last day of work in order to return City property and process final paper work. Failure to comply with the above procedures may be considered cause for denying future employment with the City and forfeiture of severance pay.
ABANDONMENT
An employee failing to submit a letter of resignation, to report for work as scheduled or to contact the employee’s immediate supervisor if an employee is absent from work may result in discipline. Unauthorized absence from work for a period of three consecutive workdays or three scheduled shifts may be considered as abandonment of the position, and the employee shall be considered to have resigned. This shall result in denial of future employment with the City and forfeiture of severance pay. The Personnel Officer may waive this rule if extenuating circumstances warrant such behavior.
INVOLUNTARY TERMINATION
Except as otherwise prohibited by law, the City has the right to terminate the employment of any employee at any time for any or no reason. Any employee may similarly terminate their employment at any time for any reason. Nothing in this personnel policy shall create a contract for employment or be considered as such.
WORK HOURS
WORK PERIODS
Work schedules for personnel shall be established by the appropriate department head with the approval of the Personnel Officer. The regular workweek for full-time employees is forty hours per week including rest periods and in addition to a lunch period, except as otherwise established by the department head in accordance with custom and needs of the department. It is recognized that positions and work schedules may change over time to respond to the changing needs of the organization.
It is expected that all employees shall report to work on time, use their available hours to the best advantage, and leave only after the regular working hours are completed. All employees are expected to perform their regular work duties, including situations where the workday or work week requires additional hours or different hours from that normally scheduled.
REST PERIODS
When working under conditions where the use of a rest break is practical, employees shall be allowed to take a fifteen (15) minute break approximately midway through each four (4) hour shift. The timing of the break is subject to the approval of the supervisor. Unused rest breaks may not be accumulated, nor may they be used for any purpose other than a shift rest period.
A one-half (1/2) hour unpaid lunch break may be taken at reasonable times as approved by the supervisor during each eight (8) hour shift.
PAID LEAVES OF ABSENCE
The following paid leaves of absence are available to full-time employees. Employees are responsible for reviewing their leave accruals on regular basis.
Holiday Leave
General. Regular full-time employees are eligible for paid holidays according to the schedule presented below. Paid holidays are not available to part-time, seasonal, or temporary employees.
Most City facilities shall be closed for business on each such holiday, but employees may be required to work on paid holidays when the nature of their duties or other conditions require.
Holidays.5
New Year’s Day January 1
Martin Luther King Third Monday in January
President’s Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
Christmas Eve ½ of December 24
Christmas Day December 25
New Year’s Eve ½ of December 31
Each holiday commences at the beginning of the first shift of the day on which the holiday occurs and continues for twenty-four (24) hours thereafter.
If a paid holiday falls on a Sunday, the following Monday shall be the observed holiday. If a holiday falls on a Saturday, the preceding Friday shall be the observed holiday. This provision shall not apply to those employees required to work on Saturdays and/or Sundays, provided that all eligible employees shall receive the same number of holidays.
Employees who observe religious holidays that do not fall on their regular days off or legal holiday are entitled to such days off from employment without pay.6
Pay For Holidays. Employees are expected to take holidays off. However, if employees are required to work on a holiday they shall receive 1.5 times their hourly rate for hours worked on that day, in addition to eight hours of holiday pay. Employees not scheduled to work on holidays shall receive their normal hourly rate exclusive of overtime premiums. Salaried employees shall not receive additional pay for holidays and they are expected to take the day off (police officers are excepted from this provision).
Holiday pay shall be paid only to employees who were on paid status the last work day before and the first workday after the holiday.
Accrual During Leave. For the purpose of receiving holiday pay, an employee on paid leave is considered to be working.
5 Minnesota Statutes 645.44, Subd. 5 lists mandated state holidays
6Minnesota Statures 15A.22
Paid Time Off
General. Regular full-time employees are eligible for paid time off (PTO), which shall be earned and taken according to the provisions set forth below. PTO is not available to part-time, seasonal, or temporary employees. During the training period following an original appointment, an employee shall earn, but is not entitled to take PTO.
Amount. Employees shall earn for each full calendar month worked, from the first full month of full-time service, PTO leave with pay in the amounts set forth in the table below based upon years of full-time service with the City.
| Employed | PTO | Maximum Carryover Accrual |
| 0-1 full year | 11.33hours/month(17days/year) | 120 hours (15 days/year) |
| 1-4 full years | 14.67 hours/month (22 days/year) | 240 hours (30 days/year) |
| 5-9 full years | 18.00 hours/month (27 days/year) | 480 hours (60 days/year) |
| 10-14 full years | 21.33 hours/month (32 days/year) | 720 hours (90 days/year) |
| 15 plus full years | 24.67 hours/month (37 days/year) | 720 hours (90 days/year) |
Excess PTO. In addition to the above schedule, an employee is allowed to accrue up to an additional 120 PTO hours once they have reached the maximum accrual as listed above. The Excess PTO hours cannot be sold or cashed in upon termination of employment. An employee must have 5 full years of service to accrue Excess PTO hours.
Accrual. An employee may accrue PTO monthly based on the above schedule. By December 25th of each year, the employee may only carryover up to the maximum amount listed above.
Purposes. PTO may be approved only for days when an employee would otherwise have been at work. It may be used, with the approval of the supervisor, in any of the following cases:
when the employee cannot, work because of illness, injury, or disability;
for medical, dental, chiropractic or optical examinations or treatment of the employee or employee’s spouse, children or parents;
when the employee’s presence would jeopardize the health of other employees by exposing them to contagious disease;
severe weather;
child care/elder care
personal business
observance of religious holidays
military leave extending beyond 10 working days
Employees, after twelve (12) months of service, may use PTO when a member of the employee’s immediate family is seriously ill or injured and requires the employee’s attendance.7 The City may require confirmation of the necessity of attending to the family member by the attending physician.
An employee cannot take more PTO than has been earned. PTO shall be taken in increments of one hour.
Pay For PTO Leave. Employees may use accrued PTO for work hours missed do to illness, injury, or disability beginning with the first day of work missed.
Accrual During Leave. For the purpose of accumulating additional PTO, an employee on paid leave is considered to be working.
Conversion of Vacation/Sick Leave Balances. Effective with implementation of the Paid Time Off addition to the policy, existing vacation and sick leave balances shall be converted to Paid Time Off in the following manner. Unused vacation balances shall be converted to Paid Time Off accounts. New Paid Time Off hours, as accrued, shall be added to the converted vacation balance. Fifty percent (50%) of sick leave balances shall be added to paid time off hours and the remainder (50%) will be converted to Banked Sick Leave either creating new accounts or adding to existing accounts. There will be no further accrual of vacation or sick leave. New employees will accrue paid time off only.
Banked Sick Leave. Banked Sick Leave may be used for future illness or disability for employee or immediate family including husband, wife, son, daughter, stepchild, mother, father, sister, brother, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, grandchild, or a relative living with the employee immediately preceding the event. Use of sick leave benefits for illness or injury in the immediate family which exceeds five (5) consecutive days must have the approval of the department head. In the event of illness, injury or disability, the first 24 hours of absence in each plan year must be taken from the Paid Time Off account before accessing Banked Sick Leave. Subsequent absence (due to illness, injury, or disability) within that plan year may be paid by using Banked Sick Leave until exhausted, if available, and then by using Paid Time Off hours. If banked sick leave is not available, application can be made for short-term disability.
7 Minnesota Statutes 181.9413.
Severance Pay. Any employee leaving the municipal service in good standing after 1 year of service and after giving two weeks notice of such termination of employment shall be paid 100% of their PTO. Any employee leaving the municipal service in good standing after twenty (20) years of consecutive service to the city and after giving two weeks notice of such termination of employment shall be paid for ten percent (10%) of the value of their banked
sick leave accrued and unused through the last full month prior to termination at separation based on the employee’s rate of pay at the time of separation. Upon separation employees with less than twenty (20) years consecutive service shall not be entitled to pay for unused banked sick leave.
Bereavement Leave
General. Regular full employees are eligible for a maximum of five (5) days paid leave in the event the employee suffers a death in the employee’s immediate family in accordance with the provisions of this section. The amount of bereavement leave taken shall be deducted from the employee’s PTO accumulation. Additional time off without pay shall be granted as may reasonably be required under individual circumstances, subject to the approval of the department head. Paid bereavement leave is not available to trainee, part-time, seasonal, or temporary employees.
Use. Bereavement leave shall be used subject to the following regulations:
The actual amount of time off, and bereavement leave approved, shall be determined by the department head depending on individual circumstances.
Should any employee desire to attend the funeral of a person other than those listed above, the employee shall make a request to the department head. The department head may approve the request and grant time off without pay.
Court Leave
General. Regular full employees are entitled to paid leave when serving jury duty or when subpoenaed as a witness in court or voluntarily serving as a witness in a case in which the City is a party. Employees shall be expected to report for work on any day or half day when their services are not required as a juror.
Pay. To receive their normal wages, the employee must pay the City their court leave compensation, minus any mileage reimbursement. If the jury duty compensation exceeds the regular salary rate, the employee may keep the difference. Court leave taken plus actual time worked shall be used to calculate overtime pay.
Military Leave
General. Eligible employees will be granted military leave in accordance with the provisions of Federal and Minnesota Law
UNPAID LEAVES OF ABSENCE
General Leave
General. The City Council may grant at its sole discretion any regular employee a leave of absence without pay for a period not exceeding ninety (90) days except that it may extend such leaves to a maximum period of one year where extraordinary circumstances, in its judgment, warrant such extension. Leave without pay shall be at the convenience of the City. The employee’s accrued vacation must normally be used before an unpaid leave of absence shall be approved. Requests for a leave of absence must be in writing.
Effect on Benefits. No benefits shall be earned by an employee while on leave without pay and an employee shall not accrue, or be paid, any paid leave while on leave without pay. Leave without pay
hours shall not count toward seniority. At the beginning of the month after the leave has begun the employee shall have all benefits suspended until return to service. However, employees may retain health insurance coverage provided they pay the required insurance premium. This section does not apply for leaves of ten (10) working days or less.
Eligibility. Decisions on leave without pay requests shall normally take into consideration the employee’s performance, length of service, and the general interest of the City.
Return from Leave Without Pay. Employees receiving leave without pay for illness, temporary disability, or childcare shall be returned to the original position or one of similar status and salary. Except where required by law, employees receiving leave without pay in excess of sixty (60) days or for reasons other than illness, temporary disability, or child care cannot be guaranteed return to their original or a similar position.
If the original position or a position of similar or lesser status and salary is available, it may be offered at the discretion of the department head.
Medical Leave
General. Any regular employee who is unable to work because of illness or injury and who has exhausted all PTO may request a medical leave of absence without pay. The City Council may grant at its sole discretion any regular employee a medical leave of absence without pay for a period not exceeding six (6) months. The City Council, at its discretion, may renew such leave if in its judgment, circumstances warrant such extension.
Proof. All requests for medical leaves, and for renewal of such leave, must be accompanied by a doctor’s certificate verifying the existence of the illness, injury, or disability for which medical leave is requested with the expected duration of the absence.
The employee may not return to the position until the City receives certification by the examining doctor that the employee is medically able to perform the position.
Accommodations. If the employee is determined to be a qualified disabled employee in accordance with the American’s with Disabilities Act (ADA), the examining doctor shall attest to whether the employee is medically able to perform the essential requirements of the position, with or without reasonable accommodations. The department head and Personnel Officer may consult with a physician or other expert to determine reasonable accommodations.
Effect on Benefits. No benefits shall be earned by an employee while on medical leave without pay and an employee shall not accrue, or be paid, any paid leave while on leave without pay. Medical leave without pay hours shall not count toward seniority. At the beginning of the month after the leave has begun the employee shall have all benefits suspended until return to service. However, employees may retain health insurance coverage provided they pay the required insurance premium. This section does not apply for leaves of ten (10) working days or less.
Nothing contained in this section is intended to or shall affect any rights the employee may have under the Minnesota Workers’ Compensation Act.
School Conference & Activity Leave
All regular full-time employees are entitled to take an unpaid leave of absence up to a total of sixteen (16) hours during any twelve (12) month period for child care or to attend school conferences, prekindergarten, special education or classroom activities related to the employee’s child provided the said activities must be scheduled during work hours.8
UNAUTHORIZED ABSENCES
Employees may not be absent from duty without permission from their department heads. Any employee absent from duty without leave or permission shall be subject to disciplinary action up to and including dismissal.
8 Minnesota Statutes 181.9412.
COMPENSATION
SALARY ADMINISTRATION
General Policy. All employees of the City shall be compensated according to the wages or salaries established by the City Council.
Adjustments. Employees may from time to time receive adjustments in their wages and salaries to reflect cost of living, performance, disciplinary action, longevity and for other reasons. Generally, cost of living adjustments shall become effective January 1 of each year. Adjustments may also be granted at the time an employee review is conducted.
Compensation Plan. The City shall adopt and maintain a compensation plan consisting of pay grades and steps as a guideline for employee compensation. Said plan shall address the issues of pay equity and salary/wage adjustments.
OVERTIME
General. The City recognizes that some employees may be required to work extra hours in emergency situations and during peak workloads. The scheduling and payment of overtime or compensatory time shall be in accordance with the applicable Fair Labor Standards Act and the following rules:
Overtime should be avoided but when it is necessary the immediate supervisor or
department head must give specific approval prior to its being earned or used.
Pre-authorization may be presumed by employees in emergency situations such as excess snowfall, flood, severe storms, water main breaks, lift stations malfunctions, or other similar situations where the immediate response of staff is required to avert endangerment of life or property.
Non-exempt Employees. All non-exempt employees shall be paid overtime for any hours worked over forty (40) in a given workweek. The overtime payment shall be at the rate of one and one-half (11/2) times their regular rate of pay.
Exempt Employees. All exempt employees shall not receive additional pay or time off for any hours worked over forty (40) in a given workweek). These employees shall accrue compensatory time at a rate of one hour for each hour worked over forty-five (45) within a given work week to compensate for extra hours worked.
BENEFITS
General. For the additional welfare of its employees the City provides a number of fully and partially funded benefits, beyond those required by Federal and State law, for certain employees. No employee may receive cash payments or other consideration in lieu of the described benefit programs, unless provided for below.
Unless otherwise provided for below, full-time employees are eligible for full-benefits. Part-time, seasonal, and temporary employees are not eligible for any benefits.
Changes in existing benefits or the establishment of new benefits shall be made at the sole discretion of the City Council.
Deferred Compensation Plans
The City shall provide opportunities for all employees to enroll in deferred compensation plans for their benefit. The plan shall be qualified under IRS regulations to defer taxes on earnings set aside for retirement. All contributions to the plan shall be from employee deductions; the city shall not make contributions to the plan on behalf of the employee.
Workers’ Compensation
General. Employees, as defined by the Minnesota Workers’ Compensation Act, are covered by Workers’ Compensation Insurance.
Benefits. Any employee injured on the job and covered by Worker’s Compensation Insurance shall be paid for the remainder of the shift in which the injury occurs.
Any employee covered under Worker s’ Compensation Insurance who is injured on the job shall be entitled to medical attention at no cost to the employee.
Any employee covered under Worker’s Compensation Insurance who is injured on the job and is subsequently off work for three consecutive days because of the injury may be entitled to Workers’ Compensation benefits for lost time.
Reporting. All work related injuries must be reported to the Personnel Officer, regardless of severity. Failure to report injuries and follow applicable regulations may result in reduction or denial of Workers’ Compensation benefits.
Health Insurance
General. The City shall make available to all full-time employees a health insurance program. Eligible employees may elect to be covered by the City’s health insurance program.
Premiums. The City shall pay sixty percent (60%) of the premium for single and family coverage. The City Council shall periodically review the amount of premiums the City pays and shall determine whether a change in the amount is warranted.
VEBA/HSA. The City shall pay $132.50/month for employees having single health insurance coverage and $265.00/month for employees having family health insurance coverage to an employer sponsored VEBA or HSA account. Each VEBA/HSA account shall be in the employee’s name. The employee can choose whether to contribution amounts to a VEBA account or HSA account. An employee cannot legally contribute to employee funds to a VEBA account. An employee can however contribute funds to an HSA account. The purpose of the VEBA/HSA account is to defray an employee’s deductible cost for health insurance.
Selling Back of PTO for Insurance Premium Cost. An employee is allowed to sell up to 6 PTO hours for single health insurance coverage and up to 12 PTO hours for family health insurance coverage to pay the employee’s share (40%) of health insurance premium. An employee is not allowed to sell greater PTO hours of earnings than the employees share of health insurance premium.
Unpaid Leaves of Absence. Employees may choose to continue group insurance coverage during unpaid leaves of absence, subject to the provisions of the policy, by paying the full premiums.
Termination. Any employee leaving the municipal service may continue group insurance coverage under the City’s group insurance plan as provided for under Federal and State laws.9 Such employees must pay the entire premium for that coverage and may not upgrade the coverage from single to family, unless otherwise required by law.
Life/Accidental Death & Dismemberment Insurance
General. The City shall make available to all full-time employees life/accidental death & dismemberment insurance. Eligible employees enrolling in health insurance are automatically covered by this insurance
Premiums. The City shall pay the entire premium for employee coverage. Supplemental insurance over the amount provided by the City and optional insurance for dependents are available at additional cost. The monthly premium for additional coverage shall be paid by the employee through authorized payroll deductions.
Education & Training
Training. Employees are encouraged to take advantage of training opportunities to help them improve the performance of their present work assignments and to prepare them for future assignments.
This may include conferences, seminars, lectures, workshops, and tuition-assisted course work at accredited institutions. Cost, staffing issues, need, benefit to the City, and other appropriate issues shall be considered by the supervisor in approving requests or assigning training. Time to attend required training shall be paid in accordance with the Fair Labor Standards Act.
Advance payment may be authorized for registration fees. Once paid, employees may be held responsible for those fees if the employee later chooses not to attend. Other expenses eligible for reimbursement require receipt of appropriate documentation. Required documentation and receipts vary depending on the event. Meals, lodging and parking require itemized receipts. Other documentation shall be specified by the Personnel Officer.
Automobile Expense. When employees are required to use their own vehicles to conduct City business or to attend approved training outside of the city, the City shall reimburse the employee for mileage at a rate established by City Council action based on the current rate as determined by the Internal Revenue Service. The adopted rate shall remain in effect until a change in rate is approved.
Overnight Travel with Mileage Reimbursement. Lodging expenses include actual reasonable cost of lodging while away on approved travel or training greater than one-hour travel time from the City. if the breakeven point of the lodging cost is more than the mileage reimbursement, then the lodging and mileage will be paid by the city. If the lodging cost is less than mileage reimbursement, then the employee shall be only reimbursed the mileage reimbursement. The City will reimburse for one lodging room for up two city employees, and two lodging rooms for up to four city employees. Mileage reimbursements will occur once for each group of 4 employees.
9 Minnesota Statutes 62A.17
Meal Allowance. Employees shall receive a meal allowance as follows: $15 breakfast, $15
lunch, $25 supper when meals in connection with conferences and meetings are not included in the conference registration fee. The cost of alcoholic beverages shall not be reimbursed.
Tuition, Dues and Fees. When prior approval has been granted by the City Council, registration and/or conference fees are eligible for reimbursement or pre-payment.
Professional organization membership dues and tuition for educational classes may be paid by the City upon prior City Council approval. Position-relatedness and benefit to the City of the employee’s attendance shall be considerations in approving such requests.
Parking and Alternative Travel. The City shall reimburse the employee for necessary parking fees incurred for required travel. The City shall also reimburse the employee for the reasonable costs incurred when approved travel is made by other means of transportation.
Applicability. Travel and expense reimbursement provided for in this section shall apply to both the employees of the City and the members of the City Council traveling specifically to conduct City business.
Licenses
The City shall pay the reasonable costs associated with obtaining and maintaining any licenses required by Federal or State agencies, or the City for employees engaged in certain duties.
CDL License. If a CDL license is required as part of an employee’s duties, the City shall reimburse the employee the difference between the CDL license renewal amount and regular driver’s license once every 4 years.
Cell Phone Allowance
The City shall pay an employee a cell phone allowance of $25/month for a basic cell phone and $50/month for a smart phone device (including data and texting) in lieu of providing a cell phone.
HEALTH & SAFETY
GENERAL
The personal health and safety of each employee of the City and the prevention of occupational injuries and illnesses are of primary importance to the City. To the greatest degree possible, management shall maintain an environment free from unnecessary hazards and shall establish safety policies and procedures for each department. Adherence to these policies is the responsibility of each employee. Overall administration of this policy is the responsibility of each department head.
DRUG & ALCOHOL FREE WORK PLACE
In accordance with Federal law, the City of Harmony has adopted the following policy on drugs in the workplace:
Employees are expected and required to report to work on time and in appropriate mental and physical condition for work and not under the influence of any drug. It is our intent and obligation to provide a drug-free, safe and secure work environment.
The unlawful manufacture, distribution, possession, or use of drugs on City property or while conducting City business is absolutely prohibited. Violations of this policy shall result in disciplinary action, up to and including termination, and may have legal consequences.
The City recognizes drug dependency as an illness and a major health problem. The City also recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to seek professional help and to use their health insurance plans, as appropriate.
Employees must, as a condition of employment, abide by the terms of the above policy and must report any conviction under a criminal drug statute (including driving under the influence of alcohol) for violations occurring on or off the work premises. A report of the conviction must be made within five (5) days after the conviction as required by the Drug-Free Workplace Act of 1988.
SMOKING
In the interest of good health, the City discourages employees from smoking. Smoking within City buildings, offices, and work sites is governed by the Minnesota Clean Indoor Air Act.
Approved smoking areas must be clearly designated. There shall be no smoking in areas not designated as smoking areas. If smoking results in discomfort to others, smokers are required to stop smoking. Smoking in unapproved areas may result in disciplinary action.
HAZARDOUS MATERIALS
Exposure To Hazardous Substances/Infectious Agents. Any employee routinely exposed to hazardous substances or infectious agents as defined in the Minnesota Employee Right to Know Act of 1983 1O shall be trained before being assigned or reassigned to work which exposes the employee to such substances or agents, and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the workplace, how the hazards are labeled, and where to obtain specific information.
The Personnel Officer shall provide for such training and for compliance with the law including the establishment of specific policies to ensure compliance with the State law and regulations. An employee acting in good faith has the right to refuse to work under conditions that the employee reasonably believes present an imminent danger of death or serious physical harm to the employee.
Employees, who are trained in first aid and required by the City to provide medical assistance as part of their position, shall receive training in preventing or limiting exposure and in the use of protective equipment and/or clothing. All employee exposure to blood and/or bodily fluids should be reported immediately to the employee’s supervisor.
Exposure incidents should be documented and reviewed to determine whether adequate safety measures were taken and whether additional training or changes in procedures are necessary. An Exposure Control Plan shall be developed and followed for affected departments.
Hepatitis B vaccinations shall be offered to any employee who has been exposed to blood or potentially infectious materials.
10 Minnesota Statutes 182.65 to 182.675
ACCIDENTS
All accidents involving personal injury or damage to City property, regardless of their seriousness or significance, should be reported to the department head immediately. Failure to do so may result in disciplinary action and/or denial of Workers’ Compensation benefits.
Safety concerns in the work place or at other City facilities should be immediately brought to the attention of the responsible department head.
Employees. Worker’s Compensation laws and the Occupational Safety and Health Act (OSHA) require that all accidents and sickness be reported as soon as possible by the employee, or on behalf of the injured or sick employee, to the employee’s department head.
CITY PROPERTY
City Equipment. All equipment issued to employees by the City (including keys, tools and other equipment and excepting uniforms) shall remain the property of the City and employees shall be responsible for the care and maintenance of said equipment. Lost equipment shall be replaced at the cost of the employee. The cost of unaccounted for equipment at the time of termination may be deducted from the employee’s severance pay (including the cost of new locks if keys are lost).
Use and Safeguarding Of City Property. No employee shall use or permit the use of City owned vehicles, equipment, tools, machinery, materials, telephones, postage or computers or other property for personal conveniences or profit unless the use is available to the public generally or is provided as a municipal policy for the use of such employee in the conduct of official business.
All officers and employees of the City who have authority over, or the use of City vehicles, equipment, machinery or property in the course of their duties must assume responsibility for the safeguarding and care of such items.
Vehicles. All City vehicles are for official use only. These vehicles shall not be used for personal or other use. For insurance liability reasons, persons not on City business shall not be allowed to ride in City vehicles.
Occupants of City owned vehicles and privately owned vehicles operated at City expense shall properly use safety belts anytime the vehicle is in motion.
CONDUCT & DISCIPLINE
CONDUCT & ETHICS
Purpose. The City Council of the City of Harmony requires employees of the City to adhere to the following code of conduct and ethics. The purpose of this policy is to establish standards for all such persons by setting forth actions that are incompatible with the best interest of the City, its taxpayers or in conflict with law.
Conflicts Of Interest. No employee having the power or duty to perform an official act or action may be directly or indirectly interested in any contract, transaction or zoning decision of the City except as provided for in Minnesota law.
Any employee having a special financial interest in any proposed legislative action of the City Council and who gives an opinion or recommendation to the City Council shall disclose on the record of the City Council the nature and extent of such interest.
No employee may purchase personal property from the City except property that is no longer needed by the City and;
if there is reasonable public notice and the goods are sold at public auction; or
if it is sold by a sealed bid process and the employee is the highest responsible bidder. The employee who buys the property must not be involved in the auction or sealed bid process.
No employee may accept any gift or gratuity in any size under circumstances in which it could be reasonably thought to influence him or her in the performance of the employee’s official duties or appears to be a reward for any official action on the employee’s part or otherwise conflicts with State law. Only gifts or gratuities allowed under State law may be accepted by an employee.11
” Minnesota Statutes 10A.071
Discrimination. No person shall be employed, promoted, demoted, or discharged by the City or in any way favored or discriminated against because of political opinions or affiliations, race, color, national origin, religion, sex, marital status, status with regard to public assistance or disability, or because of the exercise of rights under provisions of the Public Employment Labor Relations Act.12 No person who is between 18 and 70 years of age shall be discriminated against with reference to City employment in any way forbidden by Federal or State law.
Falsification Of Records. No person shall knowingly make any false Statement, certificate, mark, rating, or report in regard to any test, certificate, or appointment held or made under the City personnel system, or in any manner commit or attempt to commit, any fraud preventing the impartial execution of the provisions of these policies.
Rendering Of Consideration. No person seeking employment to, or promotion in, the municipal service shall either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person on account of or in connection with, the test, appointment, or promotion, or proposed appointment or promotion.
Disclosure of Confidential Information. No employee, with respect to any transaction, zoning decision, or other matter which may be the subject of an official act or action of the City shall without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City, or use such information to advance the financial or other private interest of the officer or employee or other.
No employee who has custody of or access to any personnel files or other information that may be considered confidential by the Government Data Practices Act13 shall not use or release such information without proper authority.
12 Minnesota Statutes 179A.01 to 179A.25
13 Minnesota Statutes 13.43
Political Activities. Political activities generally which are not in violation of State and Federal laws are permitted.
The following political activities are prohibited for employees:14
No employee may use any official authority or influence for the purpose of affecting the result of an election nor may funds be solicited or contributions received from other employees for political purposes.
No campaign materials, pamphlets or buttons may be displayed on City vehicles, City property or by an individual on the work site.
Standards of Employee Conduct. Employees are responsible for their conduct while working. Any employee who is found to have violated this or other City policies or practices may be subject to disciplinary action. This policy sets forth certain standards required of employees. In addition the following actions that may result in disciplinary action:
Stealing or unauthorized possession of City or private property.
Unauthorized posting or removing of signs or notices.
Carelessness in observing quality, safety, or housekeeping requirements.
Unnecessarily talking to, or in any other way distracting the attention of another employee during working hours.
Failing to comply with posted notices on City premises.
Sleeping while on the position or “loafing”.
Gambling while on City property or while on duty.
Using abusive, intimidating or threatening language or actions.
Smoking or striking a flame in prohibited areas.
Falsifying records or reports (including personnel, physical examination, production, inventory counts, etc.) or divulging City information of a confidential nature to unauthorized persons.
Carrying weapons or having weapons on City property unless required by position.
Threatening, attempting or inflicting bodily injury to another employee while on City property.
Refusing to obey legitimate orders of supervisor. Insubordination.
Excessive absenteeism or tardiness.
Immoral or indecent conduct.
Making false or malicious statements.
Misconduct.
Littering or creating unsanitary conditions.
14 Minnesota Statutes 211B.09
Selling commercial products or services on City property without authorization.
Soliciting funds or donations for any purpose.
Distributing printed matter on City property.
Unclean or inappropriate dress or grooming.
Unauthorized or improper use of a uniform or failure to wear a uniform properly.
Failing to submit to inspection of personal packages taken from any work area.
This list is not exhaustive, but rather indicates the types of conduct that shall not be tolerated.
SEXUAL HARASSMENT
General. The City is committed to providing a work environment free of harassment and discrimination. In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. This policy applies to all employees and elected officials.
This policy statement is intended to make all employees sensitive to the matter of sexual harassment, to express the City’s strong disapproval of unlawful sexual harassment, to advise employees of their behavioral obligations and to inform them of their rights.
Definition. To provide employees with a better understanding of what constitutes sexual harassment, the following definition, based on Minnesota Statutes, is provided:
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when:
- submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment;
- submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment; or
- that conduct or communication has the purpose or effect of substantially interfering with an individual’s employment or creating an intimidating, hostile, or offensive employment environment and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action.
Examples of inappropriate conduct include but are not limited to: unwanted physical contact; unwelcome sexual jokes or comments; sexually explicit posters or pinups; repeated and unwelcome requests for dates or sexual favors; sexual gestures or any indication, expressed or implied, that position security or any other condition of employment depends on submission to or rejection of unwelcome sexual requests or behavior. In summary, sexual harassment is the unwanted, unwelcome and repeated action of an individual against another individual, using sexual overtones as a means of creating stress.
Enforcement. An employee who believes they are being harassed by another employee, supervisor or agent of the City should promptly report the facts of the incident or incidents and the names of the individuals involved to the employee’s supervisor or as an alternative to the Personnel Officer. Supervisors should immediately report any incidents of sexual harassment to the Personnel Officer. The Personnel Officer shall investigate such claims and take appropriate action.
PROBLEM SOLVING & GRIEVANCES
It is the policy of the City insofar as possible to prevent the occurrence of grievances and to deal promptly with those that occur. When any employee grievance comes to the attention of a supervisor, that supervisor shall discuss all relevant circumstances with the employee and the employee’s representative if the employee so desires, consider and examine the causes of the grievance, and attempt to resolve it to the extent of the supervisor’s authority. If the grievance is not dealt with satisfactorily at that level, the grievance may be brought to the attention of the Personnel Officer for resolution. If the grievance relates to sexual harassment this procedure shall not apply, the grievance procedure set out in the sexual harassment policy shall take precedence.
DISCIPLINE
General. City employees shall be subject to action for failing to fulfill their duties and responsibilities, including observance of work rules adopted by the City Council. It is the policy of the City to administer disciplinary penalties without discrimination. Every disciplinary action shall be for just cause and the employee may use the grievance procedure with respect to any disciplinary action that the employee believes is either unjust or disproportionate to the offense committed. The Personnel Officer shall investigate any allegation on which disciplinary action might be based before any disciplinary action is taken.
Process. The City shall normally use progressive discipline for all employees. There may be circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. The normal process is as follows:
Oral Warning. Oral warnings should normally be given for first infractions to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. There may be times when the first infraction is so serious that an oral warning may be insufficient.
Written Warning. A written warning shall normally state the reason for the warning along with a description of the events/problems that led to the warning. It shall normally describe actions taken by the supervisor to correct the problem, if applicable, including any timetables or goals set for improvement. It shall indicate further disciplinary action that could result if the problem continues or related problems occur.
The warning shall be given to the employee to sign acknowledging that the employee has received the warning, with a copy to keep. A copy shall also be placed in the employee’s personnel file.
Written warnings are more serious than oral warnings and normally follow oral warnings when the problem is not corrected or the behavior is not consistently improved, given a reasonable period of time for improvement. Serious infractions may require skipping either the oral or written warnings, or both.
Other disciplinary actions. The following other disciplinary actions may be taken against any employee after oral and written warnings have been issued:
Involuntary demotion.
Forced transfer to a comparable position.
Withholding a salary increase or decreasing the employee’s salary.
Suspension Without Pay. The employee shall normally be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. Upon the employee’s return to work, the employee shall be given a written statement outlining further disciplinary action possible should the problem continue or reoccur. A copy of the written document shall be placed in the employee’s personnel file.
An employee may be suspended pending an investigation of an allegation. If the allegation is proven false after the investigation, the relevant written documents shall be removed from the personnel file and the employee shall receive any compensation to which they would have been due had the suspension not taken place.
For any suspension of five (5) or more days, or any second suspension for the same individual, the Personnel Officer shall review the reasons for the suspension and upon review, shall make a recommendation to the City Council as to the future status of the employee and their employment with the City.
Reasons For Termination. Subject to state law on veteran’s preference and notification, the City Council may terminate an employee for substandard work performance, behavior not in keeping with City standards, or if in their judgment, the employee is unsuited for employment with the City.
Removal of veterans may be made only for incompetence or misconduct shown after a hearing with due notice.15
A terminated employee shall be notified of their right to make a written request for the City’s reasons for termination. If requested, the City shall provide reasons, in writing, within five (5) working days. 16 This notice shall along with reasons, contain a statement indicating that the employee may respond to the charges both orally and in writing and may appear personally before the official having the authority to recommend the final decision. The notice shall also contain a statement that the employee is entitled to a hearing on request. If such hearing is held, the termination shall not become effective until after the hearing.
15 Minnesota Statutes 197.46
Hearing. In any case of suspension, termination, or demotion, the employee shall be granted a hearing upon written request for such a hearing made to the Personnel Officer within five (5) working days of notification of the action taken. The hearing shall be before the City Council unless disciplinary action was taken by that body and the employee requests that the hearing be conducted by some other party designated by the City Council, in which case the hearing shall be conducted by the party so designated. The hearing shall be held within ten (30) days from the date the request is filed unless the employee and City agree on a later date.
If after the hearing, the hearing body finds that the charges are sustained, the termination, suspension, or demotion shall be final in the absence of court action. If the hearing officer finds the charges are not sustained, the employee, if the employee has not been suspended pending an investigation, shall be reinstated and paid all back pay due for the period of suspension. If there has been no suspension, the employee shall continue in the position as though the disciplinary action had not been taken. Findings by the hearing body shall be in writing and filed with the City Clerk within three (3) business days after the completion of the hearing. The hearing officer shall give written notice of the decision to the employee and to the disciplinary authority, unless the hearing officer was such authority. If the disciplinary action involves the removal of a veteran, the hearing shall be held in accordance with the Veteran’s Preference Act.17
16 Minnesota Statutes 181.931 to 181.935
17 Minnesota Statutes 197.46