HomeMy WebLinkAbout05/07/2012 Council Packet•
REVISED
WORK SESSION AGENDA
CITY OF LINO LAKES
Monday, May 7, 2012
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. City Application for Green Step Cities Program
2. Target /Lino Lakes Marketplace Stormwater Improvements
3. Electronic Packet Cost Analysis
4. Revised Personnel Policy
5. Police Department Organizational Assessment
6. Charter Commission Communications
7. Monthly Progress Report
8. Transparency
(requested by Council Member Roeser and Mayor Reinert)
Review Regular Council Agenda
Adjourn
WS — Item 1
WORK SESSION STAFF REPORT
Work Session Item 1
Date: May 7, 2012
To: City Council
From: Marty Asleson
Re: Consideration of a Resolution Authorizing the City of Lino Lakes to
Participate in the Minnesota GreenStep Cities Program
Background
Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program
to help cities achieve sustainability goals through implementation of 28 best practices.
The GreenStep program is run through the Minnesota Pollution Control Agency. Each
best practice can be implemented by completing one or more specific actions from a list
of four to eight actions. These actions are tailored to all Minnesota cities, focus on cost
savings and energy use reduction, and encourage innovation.
GreenStep encourages cities to strive for and utilize "Best Management Practices"
(BMPs) in transportation, buildings and lighting, environmental management, land use,
and economic and community development. There are currently 42 cities qualified as
GreenStep cities.
In early February of this year, Piper Donlin of Lino Lakes, as part of a student group
from the University of Minnesota College of Natural Resources, approached the City on
performing a GreenStep evaluation and to explore the idea of establishing Lino Lakes as
a GreenStep city. Following a questionnaire and interviews with city staff, the group
determined that the City of Lino Lakes is a Category "A" city and may have already
qualified for the first step in the GreenStep program. The student group introduced and
presented the GreenStep program to the Lino Lakes Environmental Board at the April 25,
2012 Environmental Board Meeting.
The Lino Lakes Environmental Board made a recommendation that the GreenStep
program be brought to a City Council work session with a draft resolution authorizing the
City of Lino Lakes to participate in the program and naming Marty Asleson as the
program coordinator.
Requested Council Direction
Staff is asking the Council to consider supporting a resolution authorizing participation in
the GreenStep program, and establishing Marty Asleson as the GreenStep Coordinator for
the City of Lino Lakes.
Attachments
1. Draft Resolution
CITY OF LINO LAKES
RESOLUTION NO. 12 -38
A RESOLUTION AUTHORIZING THE CITY OF LINO LAKES
TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM
WHEREAS, Conservation practices in energy and natural resources is
important to the health and desires of the Citizens of Lino Lakes, and
WHEREAS, The City of Lino Lakes is endowed with abundant water based
natural resources that are dependent on a clean and adequate water supply, and
WHEREAS, undesirable natural resource changes have been observed in
Minnesota and have the potential to negatively impact the City of Lino Lakes
infrastructure development; habitat; ecological communities, including native fish and
wildlife populations; spread invasive species and exotic diseases; reduce drinking water
supplies and recreational opportunities; and pose health threats to our citizens; and
WHEREAS, a broad coalition of public and private stakeholders including
the League of Minnesota Cities, the MPCA, Office of Energy Security and Clean
Energy Resource Teams responded to the 2008 legislation by establishing the Minnesota
GreenStep Cities program to provide a series of sustainable development best practices
focusing on local government opportunities to reduce energy use and greenhouse gases;
and
WHEREAS, the Minnesota GreenStep Cities program assists in facilitating
technical assistance for the implementation of these sustainable development best
practices;
NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino
Lakes, does hereby authorize the City of Lino Lakes to participate in the Minnesota
GreenStep Cities program.
BE IT FURTHER RESOLVED that the City:
1. Appoints Marty Asleson to serve as the city's GreenStep coordinator to facilitate
best practice implementation; and
2. Will facilitate the involvement of community members, civic, business and
educational organizations, and other units of government as appropriate in the
planning, promoting and implementing of GreenStep Cities best practices; and
3. Will create summaries of the City BMPs to be posted on the Minnesota
GreenStep website
Adopted by the Council of the City of Lino Lakes this 14th day of May 2012.
The motion for the adoption of the foregoing resolution was introduced by Council
Member
and was duly seconded by Council Member and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
Jeff Reinert, Mayor
ATTEST:
Julianne Bartell, City Clerk
WS — Item 2
WORK SESSION STAFF REPORT
Work Session Item 2
Date: May 7, 2012
To: City Council
From: Michael Grochala
Re: Target/Lino Lakes Marketplace Stormwater Improvements
Background
Staff has been working with Target Corporation, Rice Creek Watershed District (RCWD) and
the Anoka Conservation District (ACD) to evaluate possible improvements to the stormwater
infiltration basins located on the Lino Lakes Marketplace site. The basins are part of the
required stormwater management system located within the parking lots of both Kohl's and
Target. Additionally, this system also conveys city storm water from Apollo Drive. The
discussions were initiated from both city council and resident concerns over the aesthetics of the
site. Additionally, city staff has noted that portions of the system are not functioning as well as
originally planned.
What started initially as a landscaping improvement project has evolved into a partnership
opportunity to improve the system from both a water quality and a water quantity standpoint as
well as aesthetically. The system was one of the first of its kind in the twin cities metropolitan
area when constructed in 2002. Since that time both the science and the construction methods
have improved significantly. Through our discussions we believe that a redesign of the basins
would improve their functionality, enhance the aesthetics with a new planting palette, and
minimize ongoing operation and maintenance costs.
We are currently discussing a partnership arrangement that would include technical design
assistance from the ACD and RCWD. Once a design is completed the next step would be the
submission of a grant application to the RCWD Stormwater Remediation Program for partial
cost share of the improvements. The City would be a co- applicant with Target Corporation for
the grant. If successful, Target would be responsible for any matching funds associated with the
improvements. Additionally, the City would waive any administrative fees associated with plan
review. We have also discussed the possibility of in kind services being provided by the City in
terms of material removal. While further evaluation is necessary there may be existing
salvageable material available that would be useful to the City.
Requested Council Direction
Staff is requesting City Council opinion on the partnership concept.
Attachments
1. Marketplace Storm Sewer System Map.
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WS — Item 3
WORK SESSION STAFF REPORT
Work Session Item
Date: May 7, 2012
To: Mayor and Council Members
From: Al Rolek, Finance Director
Re: Electronic Packets Cost Analysis
Background
City Administrator Karlson has been exploring the conversion from the current system of
delivering paper agendas and council packets to Council members and senior
management staff to an electronic delivery system. Under such a system paper packets
would be eliminated and replaced with electronic versions of the packet delivered via the
internet to a tablet device such as the Apple iPad. The conversion to such a system is
intended to make it easier and more cost effective for staff to produce and deliver council
packets, and easier to council members to transport and use them. Other benefits of
converting to an electronic system would be the ability to deliver Friday updates and
other council communications in the same manner.
I was asked to perform a financial analysis to determine if there would be a cost savings
by converting to electronic packets. This analysis compares savings in labor and
supplies costs, as well as wear on city equipment and vehicles, versus the cost of
supplying tablets to council and senior management staff or, alternatively, providing a
monthly stipend toward the cost of a personal tablet device and applications needed to
effectively utilize the materials transmitted to them. Attached to this memo is the cost
analysis. On the left side of the analysis is a computation of the cost to produce and
deliver council packets under the current system. On the right side is a computation of
cost to produce and deliver packets electronically. In the bolded boxes on the right is a
computation of the savings realized through the conversion. The savings realized in this
analysis will range from $177.30 to $330.88 per month.
Requested Council Direction
Staff is seeking direction from the City Council on 2 items: 1) whether to convert to
electronic packets, and 2) whether the City should issue computer tablets to Council
members and staff or provide a monthly stipend toward the cost of a tablet and apps.
Attachments
Cost Analysis — Paper Packets vs. Electronic
Cost Analysis - Paper packets vs Electronic
5/1/2012
PAPER COUNCIL PACKET COSTS
Copving & Assembly Cost
Labor - City Clerk - 1.5 hrs $ 67.43
Copy Costs - Avg 82 pages /packet (2011)
Paper $0.54
Copier $0.96
Cost per packet $1.50
x 14 packets x 14 $ 21.00
Total Cost per meeting packet $ 88.43
3 packets per month x 3
Monthtly cost to print packets $ 265.28
Delivery Cost
Labor - CSO - 1.0 hr $ 22.56
Vehicle - 29 miles @ $0.55 per mile $ 15.95
Total Cost per meeting packet $ 38.51
2 packets per month x 2
Monthtly cost to deliver packets $ 77.02
Total Monthly Cost of Council Packets $ 342.30
Additional Cost Considerations
Delivery Cost of Weekly Updates
Labor - CSO - 1.0 hr $ 22.56
Vehicle - 29 miles @ $0.55 per mile $ 15.95
Total Cost per Delivery $ 38.51
Avg 3 per month x 3
Monthtly cost to deliver Updates $ 115.53
Total Monthly Costs of All Delivered Items $ 457.83
ALTERNATIVE NO. 1
Cost of Issuing iPads/Tablets & apps
Cost per Tablet incl S/T $ 533.93
Estim Cost of Apps $ 20.00
Total $ 553.93
x 11 tablets (Council /Staff)
Total Cost of Tablets
Avg life 48 months
x 11
$ 6,093.23
/ 48
Monthly cost to provide'
Savings /month (iPads vs Paper)
Cost - Paper Packets
Less: Cost - iPads
Savings - Council Packets
Cost - All Delivered Items
Less: Cost - iPads
Savings - All Delivered items
$ 342.30
$ 126.94
$ 215.35
$ 457.83
$ 126.94
$ 330.88
ALTERNATIVE NO. 2
Cost of Providing a Stipend (Estimated $10 -15 per month)
Maximum monthly Stipend
x 11 (Council /Staff)
Total Monthly Ord Cost
$ 15.00
x 11
Savings /month (iPads vs Paper)
Cost - Paper Packets
Less: Cost - iPads
Savings - Council Packets
Cost - All Delivered Items
Less: Cost - iPads
Savings - All Delivered items
$ 342.30
$ 165.00
$ 177.30
$ 457.83
$ 165.00
$ 292.83
* *Actual monthly stipend needed
to defray iPad costs @ 48 mos
11.54
WS — Item 4
WORK SESSION STAFF REPORT
Work Session Item No. 4
Date: May 7, 2012
To: City Council
From: Jeff Karlson, City Administrator
Re: Revised Personnel Policy
Background
Attached is a draft of the revised City of Lino Lakes Personnel Policy. I would like to
discuss five policies in particular.
1. Page 12, Section 5.1 Health Care Benefits. The current policy reads: "Regular
full -time or part-time employees who can provide proof of insurance through an
immediate family member, or who are eligible for Medicare, may waive
insurance coverage and be eligible to receive a monthly cash payment equivalent
to the higher single rate of current health insurance offering, less deduction of
social security and Medicare."
The revised policy states that employees may waive coverage and receive "a
monthly cash payment, which is established by the City Council annually."
2. Page 25, Section 6.19 Personal Time Off (PTO) Leave. This proposal combines
vacation and sick leave into single pool of paid time off benefits. There are
several advantages to PTO policy, including: (1) employees can use their bank of
hours for whatever they like; (2) employees value the flexibility that PTO
provides; (3) PTO gives the employer more control over unscheduled absences;
(4) employees are less likely to call in unexpectedly. The PTO plan would be
optional for current employees, but the Council may want to consider whether the
PTO plan should be effective for all new hires.
3. Page 29, Section 7.1 Tuition Reimbursement. There is currently no annual cap
for tuition reimbursement. Does the Council wish to consider establishing a cap?
4. Page 31, Section 7.3 Cell Phones. This policy would provide a taxable monthly
stipend of $30 for employees who use their personal smart phone for City
business. This policy applies primarily to department directors.
5. Page 48, Section 8.11 Computer Use Policy. Currently an administrative policy,
this policy was added to the personnel policy with substantial revisions.
If you have any questions or comments about any other section of the personnel policy,
we can discuss those as well on Monday night. I am requesting that the City Council
consider adopting the revised personnel policy at the May 14, 2012 meeting.
s
City of Lino Lakes
Personnel Policy
Draft
May 2012
TABLE OF CONTENTS
SECTION 1 PURPOSE AND SCOPE PAGE
1.1 Purpose 1
1.2 Scope 1
1.3 Applicability to Unionized Personnel 1
1.4 Statement of Non - Discrimination 1
1.5 Confidentiality /Data Practices Advisory 2
1.6 Minnesota Personnel Record Review and Access Act 4
SECTION 2 DEFINITIONS
2.1 Definitions 5
SECTION 3 APPOINTMENTS AND EMPLOYMENT
3.1 Physical & Psychological Examination 6
3.2 Background Investigations 6
3.3 Probationary Period 6
3.4 Work Schedule 7
3.5 Performance Evaluations 7
3.6 Promotions 7
3.7 Veteran's Preference 7
3.8 Americans with Disabilities Act (ADA) 8
3.9 Disciplinary Steps 8
3.10 Grievance Procedures 9
SECTION 4 COMPENSATION
4.1 Position Classifications 11
4.2 Compensation Plan 11
SECTION 5 EMPLOYEE BENEFITS
5.1 Health Care Benefits 12
5.2 Pre -Tax Benefits 12
5.3 Health Insurance Continuation (COBRA) 12
5.4 Deferred Compensation 13
5.5 Long -Term Disability 13
5.6 Safety Committee 13
5.7 Employee Wellness 13
5.8 Employee Assistance Program (EAP) 14
5.9 Computer Purchase Plan 14
5.10 Post Employment Health Care Saving Account 15
5.11 College Savings Plan 15
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SECTION 6 ATTENDANCE AND LEAVES PAGE
6.1 Holidays 16
6.2 Vacation Leave 16
6.3 Sick Leave 17
6.4 Leave Donation Program 17
6.5 Workers' Compensation 19
6.6 Sick Child /School Child Leave 19
6.7 Funeral Leave 20
6.8 Military Leave 20
6.9 Time Off to Vote 20
6.10 Jury Duty ',0
6.11 Serving as an Election Judge 21
6.12 Family Medical Leave Act (FMLA) 21
6.13 Parental Leave 23
6.14 Personal Leave of Absence 24
6.15 Leave without Pay 24
6.16 Bone Marrow Donation Leave 24
6.17 Absence without Leave 25
6.18 Severe Weather 25
6.19 Personal Time Off (PTO) Leave 25
SECTION 7 EDUCATION AND EXPENSE REIMBURSEMENT
7.1 Tuition Reimbursement 29
7.2 Travel Reimbursement 29
7.3 Cell Phones 31
SECTION 8 CONDUCT AND ETHICS
8.1 Conduct as a City Employee 32
8.2 Political Activity 33
8.3 Conflict of Interest 33
8.4 Nepotism 33
8.5 Omnibus Child Support Enforcement Act 33
8.6 Workplace Harassment 33
8.7 Reporting Workplace Harassment 34
8.8 Drug and Alcohol Testing 35
8.9 Drug and Alcohol Testing for Commercial Drivers 45
8.10 Professional Appearance 48
8.11 Computer Use Policy 48
SECTION 9 SEPARATION FROM CITY EMPLOYMVIENT
9.1 Voluntary Resignation 54
9.2 Reduction in Force 54
9.3 Termination 54
9.4 Severance Pay 55
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SECTION 10 DISCIPLINARY HEARINGS
10.1 Request for Hearing 56
10.2 Pre - Termination Hearing 56
10.3 Post - Discharge Hearing 56
10.4 Veterans' Preference Hearing 56
111
SECTION 1: PURPOSE AND SCOPE
1.1 Purpose
The purpose of this policy is to establish a uniform and equitable system of personnel
administration for employees of the City of Lino Lakes. Terms and conditions of employment
not specifically established in this Personnel Policy shall remain solely within the discretion of
the City to modify, establish, or eliminate. The City retains the full and unrestricted right to
operate and manage all personnel, facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of technology; to establish and modify the
organizational structure; to select, direct, and determine the number of personnel; to establish
work schedules; and to perform any inherent managerial functions not specifically referred to in
this policy.
1.2 Scope
This handbook contains policies and procedures for supervisors and employees and does not
apply to the following:
• Elected officials and members of boards and commissions, unless specifically stated
otherwise
• Paid on call fire personnel
• Consultants rendering professional services
If a section in this personnel policy is held invalid by judicial or legislative action, the remainder
of these policies will not be affected.
1.3 Applicability to Union Personnel
The provisions of these policies and procedures shall also apply to all organized personnel who
work under a collective bargaining agreement with the City. In the event of a conflict between
the terms of a collective bargaining agreement and this policy, the terms of the collective
bargaining agreement shall take precedence.
1.4 Statement of Non Discrimination
It is the policy of the City to provide equal employment opportunity to all persons. All
employment policies and practices shall be non - discriminatory in compliance with federal laws,
state statutes, and local ordinances. No individual shall, on the basis of race, color, creed,
religious or political affiliation or belief, national origin, sex, sexual orientation, age, marital
status, disability, or status with regard to public assistance, be excluded from employment or be
subjected to discrimination regarding any and all terms and conditions of City employment.
1
1.5 Confidentiality /Data Practices Advisory
During the course of City employment, an employee will likely be asked to provide personal
information classified by state law as either private or confidential. Private data is information
that generally cannot be given to the public but can be given to the subject of the data.
Confidential data is information that generally cannot be given to either the public or to the
subject of the data.
The requested information will be used to evaluate the employee's job performance, eligibility,
and abilities. If the employee provides false, incomplete or misleading information, the
employee may be subject to discipline.
A. Types of Data
• Public Data. Information about a person that must be made available to the public or to
the subject of the data.
• Private Data. Information that can be given to the subject of the data upon request, but is
not available to the public without permission or as specifically authorized by law.
• Confidential Data. Information that generally cannot be given to the public or the subject
of the data.
• Personnel Data. Data on individuals collected because the individual is or was an
employee, an applicant for employment, performs service on a voluntary basis, acts as an
independent contractor with the City, or is a member of an advisory board, committee, or
commission.
• Summary Data. Data about a person used to develop statistics or reports are considered
public information, but the data does not identify any individual.
P. Public Personnel Data
With the exception of undercover law enforcement personnel, the following personnel data are
public: name, gross salary, salary range, gross pension, contract fee, benefits, expense
reimbursements, job title, job description, education and training background, previous work
experience, dates of employment, status of complaints or charges against employees, outcome of
complaints or disciplinary actions, work location, work telephone number, badge number, city
and county of residence.
C. Access to Personnel Files
Other persons or entities that are authorized by law to receive information in the employee's
personnel file are:
• Employees, agents and officials of the city who have a need to know about the
information in the course of their duties or responsibilities;
• The person who is the subject of private data;
• People who have permission from the subject of the data;
• The Internal Revenue Service and Minnesota Department of Revenue;
• The Immigration and Naturalization Service;
2
• The Minnesota Department of Economic Security in any claim for reemployment
benefits;
• The Worker's Compensation Court in any claim for worker's compensation benefits;
• Various insurance companies in any claim for insurance benefits;
• Individuals who have obtained a court order for the information;
• Participant in any litigation, mediation, veteran's preference hearing, grievance
arbitration, or other administrative proceeding that involves the employee;
• Labor organizations and the Bureau of Mediation Services.
D. Private Data
The following personnel data are considered private data on individuals and are not accessible to
the public: social security number, age, sex, marital and family status, employee's home address
and telephone number, criminal record, race and ethic data, insurance status, references, college
transcripts (except for name of institution, degrees, and years attended), reference checks,
medical records, psychological examinations, workers' compensation reports, physical
limitations related to job, sick leave forms, medical reports, data collected from disciplinary
proceedings, opinion questionnaires, names of applicants for employment until finalists are
announced, employee assistance programs and exit interview responses. Private data is
accessible to the subject employee, the employee's authorized representative, the immediate
supervisor and department director, and other City staff persons or officials who have a
legitimate need to know such data.
No employee may disclose the home address, telephone number, or personal information about
another employee to any third party without prior consent of the affected employee, as per
section on "Informed Consent."
Employment selection instruments and answer keys to such instruments are protected non - public
data, except pursuant to a valid court order.
E. Access to Data
• Public Data. Access shall be provided to any person, without regard to the nature of the
person's interest. Access must be provided by the Administration or other persons
authorized by the City Administrator. Access must be provided within a reasonable time
period. Interpretation shall be provided if requested. A fee may be charged for copying
and mailing and for the time it takes to collect the information.
• Private Data. Access to private data is available only to: (1) the subject of the data; (2)
City employees who need access to the data; (3) agencies authorized by state or federal
law who need access to specific data; and (4) agencies or individuals with written consent
from the subject of the data.
Personnel files will be maintained by the Administration Department. The City Administrator
shall assure that access is provided only to the parties listed above. The identity and authority of
an individual who seeks to gain access to private data must be confirmed. The time that access is
available is limited to city hall business hours. No fees shall be charged in cases where the data
subject only wishes to view private data. Fees may be charged for providing copies.
3
1.6 Minnesota Personnel Record Review and Access Act
The Minnesota Personnel Record Review and Access Act provide the following rights and
remedies to employees regarding their personnel files:
• Employees have a right to review their file, upon a written request made in good faith,
once every six months while employed.
• After termination, employees may review their records once annually for as long as the
City maintains the record.
• The City must comply with an employee's written request to review his or his file within
seven work days from date of request.
• After the review, the employee may request, in writing, a copy of the record at no charge
to the employee.
• If the employee disputes information contained in the record and the City does not agree
to remove or revise the disputed information, the employee may submit a written
statement of up to five pages explaining the employee's position. This statement will be
included in the personnel file for as long as the City maintains it.
• If the City violates the statute, employees may bring a civil action to compel compliance
and for actual damages and costs.
• The City may not retaliate against employees for asserting their rights or remedies under
the statute. If the City unlawfully retaliates against an employee, the employee may bring
a civil action to compel compliance and for actual damages, back pay, reinstatement,
equitable relief, and attorney fees.
4
SECTION 2: DEFINITIONS
2.1 Definitions
The following words and phrases will have the meaning as defined herein:
1. Absent without Leave. Any absence of an employee from duty, including any absence for
a single day or part of a day, which is not authorized by a specific leave of absence or
time off under the provisions of this policy.
2. Administrative Leave. Paid leave granted to an employee, who is the subject of an
investigation, when the City Administrator determines it is in the best interest of City
employees and the public that the employee be removed from duty until the investigation
is complete.
3. Anniversary Date. The month and day of initial hiring or promotion of a regular full -time
or regular part-time employee.
4. Child. A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis. Child, for the purposes of Family Medical Leave, will
be defined in accordance with 29 CFR 825.113.
5. Compensation Plan. A schedule of pay ranges for all job classifications within the City.
6. Domestic Partnerships. Employees may register a domestic partner with the City
Administrator. Domestic partnerships apply only to sick leave and funeral leave.
7. Exempt Employee. Executive, administrative, and professional employees who are
exempt from overtime pay as defined by the federal Fair Labor Standards Act.
8. Immediate Family Member. An immediate family member shall be defined as spouse,
parent, spouse's parent, child, brother, sister, brother -in -law, sister -in -law, niece, nephew,
grandparent of the employee or employee's spouse, and grandchild.
9. Job Classification. Refers to the act of assigning a position to its appropriate pay range
based on the duties performed and the responsibilities assumed.
10. Non - Exempt Employee. An employee who is not exempt from the provisions of the Fair
Labor Standards Act and is subject to overtime pay.
11. Pay Grade. A grouping of positions that are considered substantially equal for pay
purposes.
12. Pav Range. A schedule of minimum and maximum pay rates, which are established for
each job classification.
13. Job Reclassification. A change in a class of an individual position on the basis of
revisions to job duties and responsibilities, which places the position in a higher or lower
pay grade.
5
SECTION 3: APPOINTMENTS AND EMPLOYMENT
3.1 Physical & Psychological Examination
An applicant or employee appointed to a position must be sufficiently healthy to satisfactorily
perform the essential duties and responsibilities of the position.
After a conditional offer of employment has been made, applicants may be required to undergo
and pass an appropriate health screening, and may be required to undergo a physical and/or
psychological examination prior to appointment to a position. The City will pay the total cost of
pre - employment examinations. A medical evaluation report shall be prepared and filed in the
employee's medical file.
If a medical evaluation indicates that an applicant has a mental or physical condition which
causes such applicant to be considered a serious health risk, or whenever the applicant is reported
to have a condition that may substantially affect the applicant's ability to perform the essential
functions of the position, the City may declare the applicant ineligible for consideration for
appointment to the position.
When an employee is receiving medical treatment, which includes a prescription drug that may
affect the employee's ability to perform his or her job duties, the employee has a duty to notify
his/her department director of such treatment.
3.2 Background Investigations
Upon the request of the City Administrator or designee, the Police Department shall provide
certain criminal history data contained in the Minnesota Criminal Justice Information System.
This applies only to finalists for City employment. The City Administrator or designee must
obtain the consent of the finalists before requesting the data, but an applicant's failure to provide
consent may disqualify the applicant from an offer of employment.
3.3 Probationary Period
Newly hired full -time and part-time employees will serve a six -month probationary period.
During the probationary period, an employee may be transferred or dismissed at the City's sole
discretion for any reason. A probationary employee cannot appeal this decision. Prior to the
expiration of the probationary period, the employee's performance will be evaluated in writing by
the employee's supervisor and given to the City Administrator with a recommendation that the
employee be retained or not as a regular employee.
The City Administrator may extend the probationary period for specific individuals for an
additional six -month period upon the recommendation of the employee's department director.
Vacation benefits shall accrue, but are not available to the employee until after successful
completion of the probationary period without the permission of the City Administrator.
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3.4 Work Schedule
The regular work week normally consists of 40 hours. The regular 40 -hour work week includes
two paid 15- minute breaks each work day. All employees will be provided with one unpaid meal
period of 30 minutes each work day.
Payment for time worked in excess of the regular work week shall be compensated at 11/2 times
the regular rate of pay. This section does not apply to exempt employees.
A department director, with approval from the City Administrator, may establish a modified
work schedule for an employee if it benefits the City.
3.5 Performance Evaluations
Employees generally receive an annual performance appraisal. The purpose of the performance
review is to evaluate an employee's performance, to communicate supervisor's expectations, and
to establish future goals and objectives.
The supervisor will conduct an interview following the written evaluation. The written
evaluation shall be filed in each employee's personnel file. An overall evaluation of "satisfactory
performance" will be required prior to the granting of any step adjustment.
3.6 Promotions
A department director and the City Administrator shall be responsible for determining whether
an employee possesses the necessary qualifications for promotion to a particular position.
Appropriate tests may be given to aid in this determination. Length of full -time employment
with the City will be considered in promotions only when all other qualifications are equal.
It shall be the policy of the City to fill vacancies by promoting current employees from within
where practicable. This policy shall not be construed to preclude the City from external
recruitment and selection of applicants from outside the municipal service, nor as a guarantee of
promotion from within to any position for which job openings occur.
All promotions shall be subject to a three -month probationary period. If the employee who has
been promoted is found unsuited for the position to which promoted, such employee may be
reinstated to his/her former position and rate of pay, or to another position in the same class if a
vacancy exists.
3.7 Veteran's Preference
The City's veteran's preference program shall be in accordance with state and federal law.
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3.8 Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) protects qualified individuals with a disability
against employment discrimination. The term "disability" includes physical or mental
impairments that substantially limit one or more major life activities, or where an individual has
a record of impairment or is regarded as having impaiiinent.
3.9 Disciplinary Steps
City employees shall be subject to disciplinary action for failing to fulfill their duties and
responsibilities, including observance of work rules and conditions of employment. 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 procedures as outlined in
Section 3.10 of this Personnel Policy with respect to any disciplinary action that he /she believes
is unjust or disproportionate to the offense committed. The City Administrator or a department
director may direct an investigation into any alleged violation before any disciplinary action is
taken.
Any employee subject to the provisions of this policy or any other departmental policy may be
terminated from City employment only for cause. The particular dismissal, demotion, or
suspension shall be based on the individual facts and circumstances involved.
Steps
Except for severe infractions, disciplinary action will generally be progressive and follow the
steps listed below:
1. Coaching. Any violation of rules and regulations will be explained to the employee by
his/her supervisor, indicating the corrective action necessary to prevent recurring
violations.
2. Written Reprimand. A written reprimand states that the employee is being disciplined
for misconduct, describes the misconduct and past actions taken by the department
director or City Administrator to correct the problem, and outlines future disciplinary
action if the misconduct continues. The employee shall be given a copy of the reprimand
and sign the original acknowledging that he /she has received the reprimand. The
employee's signature does not mean that he /she agrees with the reprimand.
3. Suspension without Pay. Prior to the suspension, or as soon thereafter as possible, the
employee shall be notified in writing of the reason for the suspension and its duration.
Upon the employee's return to work, the employee shall be given a written statement
outlining further disciplinary actions should the misconduct continue. An employee may
be suspended pending investigation of an allegation. A copy of each written statement
shall be placed in the employee's personnel file. If an allegation is proved to be false, the
statement will be removed and the employee will receive back pay.
4. Demotion. The City Council may, upon recommendation of the department director and
City Administrator, demote an employee for just cause. The employee will be provided
with a written statement of the reason for the demotion. The written statement will be
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furnished to the employee prior to the effective date of the demotion. An employee who
is demoted shall not be required to serve a probationary period in the position in which
the employee is being demoted.
A regular employee who is demoted for disciplinary reasons may appeal the demotion
through Section 3.10 of this policy.
5. Paid Administrative Leave. Paid administrative leave is granted in conjunction with an
ongoing investigation or any time the City Administrator feels it is in the best interest of
employees or members of the public to remove an employee from active duty.
6. Discharge. The City Administrator may discharge a non - probationary employee for just
cause only, subject to City Council approval. A discharged employee will be notified at
termination that he /she has a right to make a written request for the city's reasons for
dismissal. If requested, the City will provide reasons, in writing, within five work days.
This notice will provide, along with reasons in writing, rights contained in the veterans'
preference law if applicable, a statement indicating that the employee may respond to the
charges both orally and in writing, and that he /she may appear personally before the City
Council.
3.10 Grievance Procedures
It is the policy of the City to prevent the occurrence of grievances insofar as practical and to
provide an orderly, efficient, and timely procedure for dealing with those which do occur. The
procedure established herein will be followed by an employee in presenting a grievance to the
City. Failure to follow the steps within the stated time limits may result in a denial of the
grievance on procedural grounds.
Steps
1. An employee claiming a violation concerning the interpretation or application of a City
policy shall, within 21 calendar days after such alleged violation has occurred, present the
grievance in writing to the employee's immediate supervisor. Such written grievance
shall set forth the nature of the grievance, the facts on which it is based, the provisions of
the policy allegedly violated, and identify the remedy requested. A grievance not
resolved in Step 1 shall be appealed to Step 2 within 15 calendar days after the
supervisor's response in Step 1. Any grievance not appealed in writing to Step 2 by the
employee within 15 calendar days shall be considered waived.
2. A grievance unresolved in Step 1 and appealed to Step 2 shall be submitted in writing to
the City Administrator within 15 days. The City Administrator will give an answer to
Step 2 within 15 calendar days after receipt. The written response of the City
Administrator shall constitute the City's final response to the employee's grievance.
3. If the grievance is not resolved in Step 2, and if the grievance relates to the interpretation
of the City's Personnel Policy, the employee may appeal the grievance in writing to the
City Council within 15 calendar days of receipt of the City Administrator's response in
Step 2. Any grievance not appealed in writing to Step 3 within 15 calendar days shall be
considered resolved. If appealed to the City Council, the Council may establish a date for
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hearing the employee's grievance. Following determination by the City Council, a written
response shall be provided to the employee within 15 calendar days of receipt of the
written grievance. The written response of the City Council shall constitute the city's
final response to the employee's grievance.
4. Employees considered essential employees as defined by FLSA guidelines, not already
covered by a collective bargaining agreement are entitled to appeal a grievance, not
resolved in Step 3, to the Minnesota Bureau of Mediation Service. The employee has 15
days following receipt of the city's Step 3 answer to submit for mediation. The city will
discuss and respond in writing to the Step 3 grievance at the mediation session scheduled
by the Bureau of Mediation Services. If the grievance is submitted to mediation and is
not resolved, it may be appealed to arbitration within 15 calendar days following the city's
Step 3 answer.
5. A grievance unresolved in Step 4 and appealed to Step 5 by the employee shall be
submitted to arbitration subject to the provisions of the Public Employment Labor
Relations Act of 1971, as amended. The employee shall notify the city of its intention to
arbitrate the grievance within 15 calendar days following the city's final Step 4 answer. If
the parties are unable to agree on the selection of an arbitrator, the employee shall request
a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services.
The selection of an arbitrator shall be made in accordance with the "Rules Governing the
Arbitration of Grievances" as established by the Bureau of Mediation Services.
The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this policy. The arbitrator shall consider and decide
only the specific issue(s) submitted in writing by the city and the employee, and shall
have no authority to make decisions on any other issue not so submitted.
The fees and expenses for the arbitrator's services and proceedings shall be borne equally
by the city and the employee.
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SECTION 4: COMPENSATION
4.1 Position Classifications
The City shall establish and maintain a position classification plan for all positions covered in
this policy. Each position with the city shall be assigned to a class on the basis of duties and
responsibilities, authority, and complexity of position. The class may contain more than one
position. A new class may be added when a new position is created and no class exists for the
new position.
4.2 Compensation Plan
The pay of City employees will be in accordance with the salary ranges approved by the City
Council. The Council may make adjustments to any or all of the salary ranges in the City's
compensation plan on an annual basis or for other pertinent reasons such as a job reclassification.
Positions in the City's job classification system are assigned a pay range or grade based on the
value of the tasks performed. The annual compensation plan is applicable to full -time and part -
time employees and does not include elected officials, appointed officials, temporary employees,
and those covered by collective bargaining agreements.
A new employee may start at any step the salary range based on his/her qualifications and
experience at the time of hire. Upon successful completion of the new employee's probationary
period, the employee will advance to the next step in their pay range. Employees will be eligible
for subsequent step increases annually on their anniversary date.
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SECTION 5: EMPLOYEE BENEFITS
5.1 Health Care Benefits
The City provides a combination of health care benefits, such as medical, dental, long -term
disability, and life insurance. Regular full -time and part-time employees are eligible for the
health care benefit package commencing on the first day of employment. Employees are
responsible for participating in the cost of health care benefits pursuant to the City's annual
review of participation levels.
Employees who provide proof of insurance through an immediate family member, or who are
eligible for Medicare, may waive insurance coverage and receive a monthly cash payment, which
is established by the City Council annually.
5.2 Pre -Tax Benefits
On the first day of the month following six months of employment, employees are eligible to
participate in the City' s Health Care and Dependent Day Care Expense Reimbursement Plan.
Under this program, employees may authorize the City to deduct, before taxes, expenses
associated with the following:
1. Premium Conversion. This plan allows you to automatically pay your portion of the
premiums for the City's health and dental insurance program with pre -tax dollars.
2. Health Care Flex Account. The employee may pay eligible "uncovered" medical and
dental expenses with pre -tax dollars (e.g. deductibles and eyewear).
3. Dependent Day Care Flex Account. The employee may pay day care expenses with pre-
tax dollars.
Employees will be reimbursed for expenses incurred during the plan year, which runs from
January 1 to December 31. Employees will be advised that money not spent during the plan year
will be forfeited according to federal law.
5.3 Health Insurance Continuation (COBRA)
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and
their qualified beneficiaries the opportunity to continue health insurance coverage under the
City's health plan when a "qualifying event" would normally result in the loss of eligibility.
Qualifying events include resignation, termination of employment, death of an employee, a
reduction in an employee's hours, a leave of absence, an employee's divorce or legal separation,
and a dependent child no longer meeting eligibility requirements. Under COBRA, the employee
or beneficiary pays the full cost of coverage at the City's group rates plus any additional
administrative fee, if applicable.
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The Finance Department will provide each eligible employee with a written notice describing
rights granted under COBRA when the employee becomes eligible for COBRA coverage plan.
The notice contains important information about the employee's rights and obligations.
5.4 Deferred Compensation
The City will provide regular full -time and part-time employees the opportunity to participate in
pre -tax retirement savings program through payroll deductions. This voluntary retirement saving
plan is designed to allow tax savings for employees.
Full -time employees will be permitted to receive a cash payment for 50 percent of their unused
annual sick leave accrual exceeding 720 hours at the conclusion of each calendar year. The
balance of the unused sick leave will be added to the employee's sick leave bank up to the
maximum accrual of 960 hours. The cash payment will be paid at the conclusion of each
calendar year into the employee's designated deferred compensation plan as authorized by the
City.
5.5 Long -Term Disability
Long -term disability insurance is provided to regular full -time and part-time employees. Long-
term disability benefits are available based upon the terms and conditions contained in the
contract with the long -term disability insurer. Terms and benefits under the program are subject
to change from time to time.
5.6 Safety Committee
The City of Lino Lakes recognizes its responsibility to provide the safest conditions for its
employees by ensuring all reasonable safeguards are established in the workplace. Employees
are responsible for observing all safety rules and for using all available safety equipment.
Employees are also responsible for reporting any unsafe condition to their supervisor. The
efficiency of any municipal operation can be measured directly by its ability to control
unnecessary loss. To that end, the Lino Lakes Safety Committee was established. The Safety
Committee is made up of employees who meet and examine the City's policies and procedures
and review accident and injury reports. The Safety Committee also reviews and updates the City
of Lino Lakes Safety Policies and Rules.
5.7 Employee Wellness
Employees may convert accrued sick leave to pay for their monthly health club membership dues
up to a maximum of $60 per month, provided that the employee maintains a sick leave balance of
80 hours.
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Reimbursements are made on a monthly basis upon receipt of a completed form and evidence of
payment to the health club. Forms are available in the Finance Department. The reimbursement
is subject to federal, state and FICA tax withholdings.
5.8 Employee Assistance Program (EAP)
Understanding that an employee's personal life may affect job performance, the City has
contracted with an insurance provider to offer an Employee Assistance Program. This program
is available to full and part-time employees and their immediate family members.
Individuals can call a toll -free number 24 hours a day any day of the year and speak with a
professional counselor who will assess the personal or family issue and provide ideas for
resolution.
5.9 Computer Purchase Plan
The Computer Purchase Plan is designed to assist employees and elected officials with the
purchase and financing of laptops, tablets, desktop computers, and peripherals (e.g. routers,
keypads, printers) so that City staff and officials can utilize the latest computing technology away
from work and outside of normal working hours.
Participation
Participants must agree to comply with the requirements and provisions of the plan as set forth
herein:
• All regular, non - probationary employees and elected officials are eligible to participate in
this plan.
• This program is limited to 15 participants per year.
• The City will finance up to $1,000 per participant, interest free. Repayment will be made
through a payroll deduction.
• The term of the loan shall not exceed 24 months. Participants may not take out a second
loan if there is still a balance on another loan.
• Upon selection of a computer package, the order must be approved by the Finance
Director. If the order exceeds $1,000, the participant must submit payment for the
balance before the order is made.
• When the order is finalized with the purchase amount, the participant will be required to
read and sign the Participation and Loan Agreement before the order is placed by the
City.
• The plan's continued availability will be dependent upon budgetary considerations.
• At the time of separation from employment with the City or termination of office, any
unpaid balance must be paid in full. If the participant defaults on repayment, the
equipment must be returned to the City and the amount paid to date will not be refunded.
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5.10 Post Employment Health Care Saving Account
The City has established a Post Employment Health Care Savings Account (HCSA) for eligible
non -union employees. The purpose of this program is to allow employees to save money on a tax -
free basis to pay for health - related expenses after separation from service with the City. The terms
for participation are as follows:
1. Participation. All non -union employees are required to participate in the HCSA program.
2. Unused Compensation. Any unused vacation and sick leave severance compensation will
be contributed into the HCSA upon termination. Eligible non -union employees may elect
to use accrued vacation days at the end of their employment with the City.
3. Salary Contributions. Eligible non -union employees having 25 years of PERA membership
shall contribute three percent of their salary into their HCSA. Those with less than 25 years
of PERA membership shall contribute two percent of their salary into the HCSA.
Contributions shall be calculated and submitted each pay period.
All other terms and conditions of this plan are outlined in the plan documents.
5.11 College Savings Plan
Regular full -time and part-time employees may elect to contribute to the 529 Minnesota College
Savings Plan through payroll deductions. The plan has special tax advantages that are designed
to help college savings grow. All investment earnings and gains are income tax -free if used to
pay for qualified higher education expenses. The Finance Department has more information on
the 529 Minnesota College Savings Plan.
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SECTION 6: ATTENDANCE AND LEAVES
6.1 Holidays
Regular full -time and part-time employees are entitled to the holidays described herein. Part-
time employees received a prorata amount based on the number of hours worked each week.
Temporary employees are not entitled to holiday pay.
New Years' Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
When a holiday falls on a Sunday, the following Monday is considered the holiday. When a
holiday falls on a Saturday, the preceding Friday is considered a holiday. In order to be eligible
for paid holidays, employees must work on the day before and the day after such holiday, unless
on paid leave.
6.2 Vacation Leave
Vacation leave with pay is available to eligible employees to provide opportunities for rest,
relaxation, and personal pursuits. No employee shall be permitted to waive such leave for the
purpose of receiving double pay. Probationary and regular full -time employees earn paid
vacation time according to the following schedule. Probationary employees may not take
vacation during their probationary period without prior approval of the department director.
Years of Continuous Service
Start through 4th Year
Beginning 5th Year
Beginning 11th Year
Beginning 12th Year
Beginning 13th Year
Beginning 14th Year
Beginning 15th Year
Beginning 16th Year
Beginning 17th Year
Beginning 18th Year
Beginning 19th Year
Beginning 20th Year
Per Year
80 hours
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
168 hours
176 hours
184 hours
192 hours
200 hours
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Per Pav Period
3.08 hours
4.62 hours
4.92 hours
5.23 hours
5.54 hours
5.85 hours
6.15 hours
6.46 hours
6.77 hours
7.08 hours
7.38 hours
7.69 hours
Employees may not carry over more than 240 hours of accrued vacation into the next calendar
year without approval from the City Administrator.
6.3 Sick Leave
Sick leave is accrued by all full -time employees at the rate of 3.69 hours per pay period. The
maximum accumulation is 960 hours.
In order to be eligible for sick leave with pay, an employee:
• Shall report promptly to their department supervisor the reason for the absence.
• Shall present a doctor's slip after three consecutive days absent from work.
Regular part-time employees accrue sick leave on a pro rata basis.
[See also Deferred Compensation Section 5.4 and Severance Section 9.4 for applicability to sick
leave.]
6.4 Leave Donation Program
The purpose of this program is to provide an opportunity for employees to voluntarily donate a
portion of their accrued vacation, sick leave, or compensatory time to assist an employee who has
exhausted paid leave due to a serious illness, injury, or impairment.
A. Program Eligibility
Only regular, non - probationary employees may participate in this program as a leave donor or
recipient. An employee may request donated leave to care for an "immediate family" member
when he or she is within one pay period of depleting all paid leave and is expected to be absent
from work for more than five work days after exhausting all paid leave.
To be eligible to donate leave time to another employee, the donating employee shall maintain a
minimum leave balance as set forth in this policy.
B. Leave Recipient Conditions
The terms and conditions governing the Leave Donation Program are as follows:
1. Recipients must provide documentation to Administration from a treating physician
regarding the illness or injury and the expected duration of the condition.
2. No employee will be allowed to receive more than 400 hours of donated leave for any
serious health condition. This cap is prorated for part-time employees based on full -time
equivalency status.
3. An employee is eligible to receive donated leave one time in a 12 -month period.
4. No employee who has historically maintained a minimal sick leave balance, or who has
previously been warned or disciplined for abusing sick leave, will be eligible to receive
donations.
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5. Nothing in this policy will be construed to limit or extend the maximum allowable
absence under the Family Medical Leave Act (FMLA).
C. Leave Donor Conditions
1. Employees may donate a minimum of eight hours or a maximum of 40 hours paid leave
provided they maintain a minimum balance of 80 hours of sick leave and 40 hours of
vacation leave.
2. Employees who donate leave shall adhere to the confidentiality requirement set forth
within the Leave Donation Form. Donations will remain anonymous to the recipient and
other employees.
3. No provisions of this policy or its administration shall be subject to a grievance under a
collective bargaining agreement.
D. Administrative Procedures
1. Eligible employees wishing to participate in this program should contact Administration
and request a "Donated Leave Request Form." If the employee is physically unable to
apply, a member of the applicant's family may apply on his or her behalf.
2. Appropriate documentation concerning the nature, severity, and anticipated duration of
the medical condition is required with the Donated Leave Request Form.
3. If the employee is found to be eligible for donated leave, Administration will notify
employees only giving the person's name and estimated number of days needed. The
notification shall not include confidential medical information.
4. Employees wishing to donate accrued leave shall submit a Leave Donation Authorization
Form to Administration.
5. Each hour of donor leave will be credited as an hour of leave for the recipient, regardless
of any differences in pay levels.
6. Finance will subtract surrendered leave from the donor's accrued balance and credit the
donated hours to the recipient's sick leave balance.
7. Donated leave hours will be processed in the order of the date on the Leave Donation
Program Authorization Form in eight hour increments, starting with the recipient's
department. Unused donated leave in will be returned to the donor. If there are multiple
donors, the excess leave will be returned on a prorated basis according to the amounts
donated.
8. Recipients will continue to accrue sick leave and vacation during the period of donated
leave. The recipient's accrued paid leave during the absence shall be utilized prior to the
donated leave.
E. Program Exceptions
Exceptions to these requirements may be approved by the City Administrator in rare
circumstances. The City Administrator shall have the right to deny or limit the donation of leave
or use of donated leave if it is determined to be in the best interests of the City of Lino Lakes.
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P. Program Parameters
The City reserves the right to modify or discontinue this policy at any time, with or without
notice. No employee will be guaranteed access to donated leave and any employee may be
denied based on the administrative discretion of the City of Lino Lakes.
G. Confidentiality
All information provided in leave donation request applications, leave donation forms,
verification of medical conditions, and additional related information is confidential.
6.5 Workers' Compensation
The City provides a comprehensive workers' compensation insurance program in accordance
with Minnesota law. The City's policy regarding workers' compensation is as follows:
1. Workers' compensation benefits take effect after a waiting period of three calendar days
following an on the job injury. Any time lost within the first three calendar days due to
an injury will be paid through an employee's sick leave accrual. If no sick leave is
available, any lost time will be without pay.
2. If time away from work due to the job - related injury extends beyond three calendar days,
workers compensation pay will begin for those scheduled work days lost beginning on
day four. If time away from work extends beyond ten calendar days, workers'
compensation will pay the initial three -day waiting period. The City will reimburse the
employee for sick leave used during the initial waiting period.
3. All doctor appointments and long -term therapy appointments due to a work - related injury
will be treated as leave without pay, with workers' compensation paid directly to the
employee.
4. The City will pay the difference between an employee's gross salary and any workers'
compensation reimbursement. This difference will be paid for consecutive lost time for
any time over the three -day waiting period. The City will not pay the difference for
doctor or therapy appointments.
5. An employee who sustains a work - related injury or illness must inform their supervisor
immediately. A First Report of Injury form must be filed with the City.
6. Neither the City nor its insurance carrier will be liable for the payment of workers'
compensation benefits for injuries that occur during an employee's voluntary participation
in off -duty recreational, social, or athletic activities sponsored by the City.
6.6 Sick Child / School Child Leave
In accordance with state law, the City provides the following leave for eligible employees. An
eligible employee is any regular full -time or part-time employee who has been employed with the
City for 12 months and has worked a minimum of 20 hours per week. For this section, "child" is
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defined as being less than 18 years of age, or under 20 years of age and attending secondary
school.
1. Sick Child. City employees may use sick leave for absences due to the illness of a child
in the same way that employees are able to use sick leave for their own illness.
2. School Child. City employees are granted up to 16 hours per school year to attend their
child's school conferences or classroom activities when they cannot be scheduled during
non -work hours. Employees may take unpaid time or use paid leave for this purpose.
6.7 Funeral Leave
Paid funeral leave of up to three days may be granted for the death of an immediate family
member, subject to approval of the department director or City Administrator.
6.8 Military Leave
Military leaves of absence and re- employment rights of employees returning from active service
with the armed forces shall be subject to applicable federal and state laws.
Upon return from military leave of absence, a regular employee shall be reinstated to the
employee's former position or to a position of like status and pay, provided that the employee is
competent to perform all duties of the position to which assigned.
If the position held by the employee no longer exists, the employee shall be reinstated to a
position of like status and pay, provided it is practicable and the employee is competent to
perform all duties of the position.
6.9 Time off to Vote
Employees who are eligible to vote in an election have the right to be absent from work for the
time necessary to appear at the employee's polling place, cast a ballot, and return to work on the
day of that election without penalty or a wage deduction.
6.10 Jury Duty
Employees called to serve as a juror, or subpoenaed as a court witness, shall receive their regular
pay as if they were working. Any compensation the employee may receive as a result of jury
duty or a witness fee, excluding mileage reimbursement if provided by the court, shall be turned
over to the City. Employees are expected to report to work when they are released from court
during regular office hours when practicable, and to make every effort to complete the work
assigned to them during the time they are serving as jurors or witnesses.
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6.11 Serving as an Election Judge
An employee who has been selected to be an election judge may be absent from work without
penalty while serving as an election judge. In addition to a 20 -day written notice, the employee
will also submit a certification from the appointing authority stating the hourly compensation to
be paid the employee for service as an election judge and the hours during which the employee
will serve. The City will pay the difference between the employee's regular pay and the pay
received for serving as an election judge. The employee may retain mileage expenses, if
applicable. The city may restrict the number of employees who are absent from work to no more
than 20 percent of the total work force at any single work site.
Employees should check the "other allowable leave" portion of the Authorization for Time Off
card, and write in "election judge."
6.12 Family Medical Leave Act (FMLA)
Pursuant to the Family Medical Leave Act of 1993, the City provides up to 12 weeks of unpaid
leave to eligible employees for reasons related to medical and family care.
A. Eligible Employees
Employees are eligible for family or medical leave if an employee has worked for the City for at
least 12 months and worked at least 1,250 hours during the 12 months preceding the start of the
leave. National Guard reservists returning from active duty will have their active time counted
toward FMLA - eligibility.
B. Qualifying Events
An eligible employee will be granted up to 12 weeks leave during any 12 -month period for any
of the following qualifying events:
1. Birth of a child or placement of a child with the employee for adoption or foster care.
This entitlement expires 12 months after the birth or placement.
2. To care for a spouse, child, stepchild, or parent who has a serious health condition. This
includes psychological, physical care, and sharing care duties. A child is defined as a
person less than 18 years of age (or a person incapable of self -care because of a physical
or mental disability) who is biological, adopted, a foster child or step child, ward of the
employee, or a person with whom the employee is charged with parental rights. An
eligible parent includes a biological parent or a person who was charged with parental
rights, duties, and responsibilities over the employee when the employee was under the
legal age, but does not include in -laws.
3. Because of a serious health condition making the employee unable to perform the
essential functions of their position. "Serious health condition" is defined in Federal law
29 C.F.R. 825.116, but generally includes incapacity requiring absence from work or
more than five days that also involves continuing treatment by a health care provider (also
includes prenatal care).
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C. Notice Requirements
Thirty (30) days written notice is required if the leave is foreseeable. If 30 days notice is not
possible, as much notice as is practical must be given. Planned medical treatments should be
scheduled so that they will not unduly disrupt the City's operations.
D. Insurance Benefits
Health insurance coverage will be continued at the same level and under the same terms as if the
employee continued working. Arrangements for payment of the employee's portion of premiums
must be made by the employee through the Finance Department.
In an employee fails to return from FMLA leave for reasons other than the continuation of the
serious health condition of the employee or covered family member, the City may seek
reimbursement for the premiums paid for group insurance benefits during the period of unpaid
leave.
E. Intermittent/Reduced Schedule Leave
Leave requested because of a serious health condition of either a family member or the employee
may be taken intermittently or on a reduced schedule if such leave is deemed to be medically
necessary. Intermittent leave or a reduced schedule is not permitted for the birth, placement, or
adoption of a child.
F. Use of Accrued Sick Leave and Vacation
During the family and medical leave, employees are required to use accrued vacation or sick
leave prior to taking unpaid leave, except where the leave also qualifies for parental leave.
Employees are not required to substitute compensatory time for unpaid leave. When sick and
vacation leave have been exhausted, any remaining time will be unpaid. Unpaid hours will not
count towards seniority.
G. Medical Certification
Certification by a physician is required for FMLA leave due to a serious health condition or that
of a child, step - child, parent, or spouse. The medical certification form must include the
following information: (1) date that the qualifying event started; (2) duration of the qualifying
event; (3) appropriate medical facts; and (4) purpose the leave is needed.
Administration may request additional medical information that provides an updated status of the
employee's or family member's serious health condition and date of return. A second opinion
from another health care provider may be requested by the City. If requested, the City will pay
for the cost of a second opinion and will select a health care provider not regularly associated
with the City. A "Certificate of Physician or Practitioner" form can be obtained from the payroll
office located in the Finance Department.
H. Health Care Providers
"Health care providers" are defined a doctors of medicine or osteopathy, podiatrists, dentists,
clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse- midwives, clinical
social workers (within certain limitations), Christian Science practitioners, a health care provider
recognized by the City's group health plan, and a health care provider as defined above who
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practices and is licensed in a country other than the United States. [Refer to 29 C.F.R. 825.118
for a complete list.]
I. Recertification
Recertification will be required if the employee requests an extension of the original length
approved by the City or if the employee's circumstances change. Recertification may also be
required if there is a question as to the validity of the certification if the employee is unable to
return to work due to the serious health condition.
J. Fitness for Duty Certification
The City requires a medical certificate attesting to the employee's fitness for duty prior to the
employee's return to work. The fitness for duty report must be based on the particular health
condition(s) for which the leave was approved and must address whether the employee can
perform the essential functions of the job. The City Administrator may consult with a physician
or other expert to determine reasonable accommodations for any employee who is a "qualified
disabled" employee under the Americans with Disabilities Act (ADA). The City will deny
reinstatement until a fitness for duty certificate is provided.
K. Record Retention
Records on FMLA leave will be kept along with normal payroll records except that any medical
record will be maintained separately in the employee's medical record file.
L. Affect on Pension
FMLA leave counts as continued service for purposes of retirement or pension plans.
M. Reinstatement
Employees returning from FMLA leave will return to their same position or an equivalent
position upon return from FMLA leave (employees returning from FMLA leave due to a child
with a serious health condition will be returned to the same position).
6.13 Parental Leave
An employee who works 20 or more hours per week and has been employed more than 12
months is entitled to take an unpaid leave of absence in connection with the birth or adoption of a
child. The leave may not exceed six weeks, and must begin not more than six weeks after the
birth or adoption of the child.
The employee is entitled to return to work in the same position and at the same rate of pay the
employee was receiving prior to commencement of the leave. Group insurance coverage will
remain in effect during the leave. If the employee has any FMLA leave eligibility remaining at
the time this leave commences, this leave will also count towards FMLA leave. The two leaves
will run concurrently until the 12 -week FMLA eligibility is exhausted.
Employees may use accrued sick leave for either FMLA leave or Parental Leave. However, use
of accrued sick leave is not required for the portion of leave counted as parental leave.
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6.14 Personal Leave of Absence
The city provides leaves of absence without pay to regular full -time and part-time employees
who wish to take time off from work to fulfill personal obligations unrelated to family or
medically- related circumstances not covered by existing law.
As soon as eligible employees become aware of the need for a personal leave of absence, they
should request a leave in writing from their department director. Upon an affirmative
recommendation from the department director, the City Administrator may approve a personal
leave that does not exceed 90 days. Personal leave of up to one year, excluding military service
or disability incurred while in the service of the City, requires City Council action. The
minimum period for a personal leave shall be two weeks. Requests for personal leave will be
evaluated based on a number of factors, including anticipated work load requirements, reasons
for the requested leave, and staffing considerations during the proposed period of absence.
Vacation and sick leave accruals, seniority, and paid holidays will be suspended during the leave
and will resume upon return to active employment. All City contributions towards employee
insurance coverage's will cease for non - medical leaves without pay. Insurance benefits may
continue if fully subsidized by the employee through COBRA. If the employee chooses not to
continue insurance coverage during a non - medical leave of absence, reinstatement into the group
insurance program will be subject to any conditions imposed by the insurance provider. When
personal leave ends, every reasonable effort will be made to return the employee to the same
position, if it is available, or to a similar available position for which the employee is qualified.
However, the City cannot guarantee reinstatement in all cases.
If an employee fails to report to work promptly at the expiration of the approved leave period, the
City will assume the employee has resigned.
6.15 Leave without Pay
Regular full -time and part-time employees may request a leave without pay to attend to personal
business without affecting their employment status. This leave needs to be approved in advance
by the employee's department director. The maximum number of hours an employee may take
leave without pay shall be 80 hours in one calendar year.
6.16 Bone Marrow Donation Leave
A regular or probationary full -time or part-time employee who averages 20 or more hours per
week who seeks to undergo a medical procedure to donate bone marrow will be granted up to 40
hours of paid leave. The city may require verification by a physician of the purpose and length of
each leave requested.
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6.17 Absence without Leave
Any absence of an employee from duty for one day or part of a day that is not authorized by a
specific leave of absence or time off under the provision of this policy shall be deemed an
absence without leave. Any such absence shall be without pay and may be subject to disciplinary
action. Any employee absent without leave for three consecutive days shall be deemed to have
voluntarily resigned.
6.18 Severe Weather
A severe weather condition is defined as a period when the City Administrator, upon consultation
with the Public Services Director, deems travel to be hazardous. On days where severe weather
conditions exist, the City's policy is to keep its offices and facilities open during regular work
hours. In the event that a non - exempt employee is unable to report to work or wishes to leave
early due to the existence of severe weather conditions, that employee may use accrued vacation,
compensatory time, sick leave, or take time -off without pay for the hours not at work. Exempt
employees are not required to use accrued paid leave for hours Less than a half day. Essential or
public works employees are exempt from this provision.
6.19 Personal Time Off (PTO) Leave
Paid time -off benefits are currently separated into planned (vacation) and unplanned (sick leave)
components. The personal time off (PTO) program combines these benefits into a single pool of
paid time off benefits.
A. Implementation
Effective July 1, 2012, PTO leave will be implemented for benefit - earning employees who elect
to receive such paid time off benefits. This policy replaces other paid leave provisions, which
generally includes vacation and sick leave. PTO can be utilized for any purpose, subject only to
necessary request and approval procedures consistent with City and depai lmental policies.
B. Accrual Rates for Full -Time Employees
Effective July 1, 2012, eligible full -time employees may elect to accrue personal time off based
on the schedule below. A part-time employee who works a minimum of 20 hours per week
accrues PTO on a prorated basis according to the number of hours budgeted for that position.
Years of
Service
0 -4
5 -10
11
12
13
14
15
Hours Earned
Each Pay Period
4.615
6.153
6.461
6.769
7.076
7.384
7.692
Annual Accrual in
Hours per Year
120
160
168
176
184
192
200
25
Days
15
20
21
22
23
24
25
16 8.000 208 26
17 8.307 216 27
18 8.615 224 28
19 8.923 232 29
20+ 9.230 240 30
PTO is accrued each pay period. The PTO year for each new employee will begin on the date of
employment with the City, or if there is a change of status, on the date the employee is eligible
for PTO.
Employees may not use personal time off until it has been credited to the employee's bank in the
payroll system. Personal leave may be used in increments of 1 hour or more. The maximum
amount of personal leave that can be carried into the next year is 600 hours.
C. Use of Personal Time Off
This PTO policy encourages advance planning of absences from work. To ensure necessary
departmental coverage, non - emergency (planned) use of PTO should be requested in advance.
Employees should give their supervisor advance notice equal to the amount of requested time off.
Unplanned use of PTO may require documentation and requires notice within a timely manner of
your scheduled work day. Established departmental rules and requirements concerning employee
absences from work will be applied.
In order to allow coordination of PTO with Family Medical Leave, employees seeking to use
PTO may be required to provide pertinent information as to the purpose of the time off to allow a
determination of whether the time will also qualify for Family and Medical Leave. If the PTO
qualifies for Family and Medical Leave, the employee must take both leaves simultaneously.
Probationary employees may use no more than 24 hours of PTO during the first six months of
their probationary period without the approval of the City Administrator. This provision does not
apply to employees serving a probationary period following a promotion, transfer, or demotion.
D. General Provisions
1. Maximum Accrual. An employee may not carry over more than 600 hours of PTO from
one year to the next unless a written request has been submitted to and approved by the
City Administrator prior to December 15. Such waiver may be considered in the event of
a special circumstance.
2. Denial of PTO Leave. A department director may deny a request for planned PTO leave
when granting such leave would result in insufficient personnel to carry out necessary
functions of the City.
3. Impact on Other Benefits. Employees using PTO will be considered working for the
purpose of accumulating additional personal leave. The City will continue to make its
contribution toward an employee's group insurance benefits. PTO will not continue to
accrue during a suspension or while an employee is on an unpaid leave of absence.
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E. Conversion of Vacation Days and Sick Leave Accruals
For employees who convert to the PTO plan, all accrued vacation leave (at hour for hour) and 1/2
of accrued sick leave (480 hours maximum) will be converted to PTO leave up to a balance of
600 hours. Unconverted sick leave will be placed into an extended illness leave bank.
F. Severance Payment
Upon separation, employees will be compensated for any unused PTO balance provided the
employee leaves the City in good standing.
G. Extended Illness Leave
Effective July 1, 2012, all regular benefit - earning employees who elect to participate in the PTO
plan will convert to the extended illness leave plan. The extended illness leave bank is designed
to protect an employee's PTO balance in the event of an illness or injury of more than two
weeks. An employee may access extended illness leave in the event of an illness or injury, which
extends beyond 10 work days.
H. Definitions of Extended Illness Leave
For the purposes of this extended illness leave policy, the following terms are defined as
provided below.
1. Extended illness leave is an authorized absence from duty with pay that is granted to
benefit - earning employees who have successfully completed the probationary period of
employment with the City and who become ill or disabled for more than 10 work days.
2. Extended illness means a state of incapacity due to personal illness, or accidental bodily
injury, which requires medical treatment by a licensed physician or health care provider
and prevents an employee from performing the duties of his/her position. Extended
illness leave may also be used by an employee to provide care to a family member during
periods of illness in accordance with the provisions of this policy. If an employee
exhausts his/her personal leave balance, extended illness leave will run concurrent with
an authorized FMLA leave.
3. Extended illness leave is not a right an employee may exercise at the employee's
discretion. Extended illness leave will be allowed by the City only in the case of verified
necessity and actual need. The purpose of any extended illness leave is to provide income
continuation during that period of time when the employee is unable to substantially
perform the duties of his/her position.
I. Extended Illness Leave Accrual
Extended illness leave will be accrued from date of hire at the rate of two hours per pay period
(52 hours per year to maximum of 520 hours). If an employee uses extended illness leave after
attaining the full accrual of 520 hours, he /she will continue to accrue extended illness leave at
two hours per pay period until reaching the maximum 520 -hour accrual.
J. Administration of Extended Illness Leave
Extended illness leave can be used only if an employee is on leave due to a certified illness or
injury for 10 consecutive work days, except as provided below. Such extended illness leave will
be administered as described below.
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1. Employees may not use extended illness leave until it has been credited to the employee's
bank in the payroll system.
2. To be eligible to receive extended illness leave benefits, an employee will inform his or
her department director or Administration of his or her need to take extended illness
leave. Employees are required to keep the City informed on a regular basis of their status
to remain eligible for paid benefits.
3. The City reserves the right to have its own physician examine the employee periodically
to render an opinion on whether the employee is able to return to work. If an employee is
deemed to be able to resume productive work for the City, the employee will be directed
to report to an appropriate work assignment. If the employee fails to report for work as
directed, paid benefits may be terminated.
4. When an employee requests extended illness leave a physician' s statement may be
required by the City prior to the employee's return to work. The physician's statement
must indicate the nature and length of the disability, any restrictions which the disability
places upon the employee's ability to perform the work, and attest to the employee's
ability to return to work. An employee who has been asked to provide such a statement
will not continue receiving benefits until he /she has complied with this provision.
5. If an employee exhausts PTO leave before the 10 -day "waiting period" has been
completed during a period of incapacity (as defined in this policy), extended illness leave
will not be granted until after the 10 -day waiting period.
6. An employee who makes a false claim for extended illness leave benefits will be subject
to disciplinary measures.
7. While receiving paid benefits under this section the employee will continue to accrue
PTO leave and receive the City's contribution for health and dental insurance.
8. Extended illness leave balances will not be converted to any other form, such as
severance pay, a health care savings account, or paid time off.
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SECTION 7: EDUCATION AND EXPENSE REIMBURSEMENT
7.1 Tuition Reimbursement
The City encourages employees to improve job performance in their positions and to prepare for
advancement with the City. Toward this end, the City may share the cost of education to
improve an employee's performance or to prepare the employee for advancement with the City.
The City may reimburse regular full -time employees upon presentation of the final grades in
accordance with the following schedule:
Grade of "A" 80% of tuition
Grade of "B" 80% of tuition
Grade of "C" 80% of tuition
Grade of "D" 0% of tuition
Grade of "F" 0% of tuition
Grade of Pass or Fail 80% of tuition for "passing"
In the event that an eligible employee receives a grade of "incomplete," no refund will be
forthcoming until a final grade is earned. When the requisite course is completed and a final
grade is issued, the employee will be reimbursed in accordance with the above schedule.
The reimbursement shall be paid only for tuition, books, and associated fees required for
approved accredited courses. Charges for supplies, student union dues, student health coverage,
activity ticket, or other charges for which the student receives some item or service will not be
paid. The institution offering the courses must be accredited prior to the enrollment of the
individual for the individual to be eligible for tuition reimbursement.
The city may reimburse individuals for selected job - related, non - accredited courses at its sole
option.
No employee may receive assistance from other sources and receive tuition aid reimbursement
from the city for the same courses taken.
No reimbursement will be made without prior approval from the employee's department director
and the City Administrator.
7.2 Travel Reimbursement
Employees who are authorized to travel for work - related purposes may be reimbursed for the actual
cost of travel, meals, lodging, and other reasonable and necessary expenses. Eligible City
employees include regular full -time and part-time employees and elected or appointed officials. It
is the City's policy to prepay registration or out -of -state transportation costs whenever possible.
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A. Approvals and Advances
Employee traveling overnight or outside the state must obtain prior approval by the department
director, City Administrator, or City Council, whichever is applicable.
Cash advances to defray expenses during authorized travel and conference attendance prior to the
submission of an expense voucher must be approved by the City Council and shall be in an amount
commensurate with expected needs. Requests for a travel advance should be made no later than
seven days prior to departure. Unused travel advances must be returned to the City within five days
after returning to work.
B. Transportation
Employees who use a personal vehicle for City business will be compensated for each mile driven
at the IRS maximum rate for mileage. Transportation to and from work is not eligible for mileage
reimbursement.
Employees traveling outside the state will be reimbursed only for an economy class airline ticket.
Automobile travel may be authorized in lieu of commercial transportation, but the total cost,
including meals and lodging while traveling, shall not exceed the cost of a single round -trip
economy class airline ticket to the conference location.
The cost of a rental car may be reimbursable with prior approval of the City Administrator if
transportation is necessary to and from the conference or if there is a cost savings to the City.
Reasonable expenses for taxi and transfer service, hotel gratuity, parking, and other related travel
expenses will be reimbursed with a proper receipt. Employees are responsible for accurately
documenting mileage and travel expense claims.
C. Meals
Meals are reimbursable for overnight or out -of -state travel, which are not included in the
registration fee for any event. The maximum daily per diem for meals is $50.00, including
gratuities. The per diem guidelines for meals are as follows: $10.00 for breakfast, $15.00 for lunch,
and $25.00 for dinner.
Submission of a receipt is not required unless the per diem allowance is not adequate to cover the
cost of a meal. Any reimbursement which exceeds the per diem must be approved by the City
Administrator. The City will not reimburse for alcoholic beverages.
D. Lodging
The City will only reimburse for a single hotel accommodation rate, which is conveniently located
near the conference. Lodging the night before the beginning of a conference is reimbursable.
Lodging for conferences within the seven - county Twin Cities metropolitan area will be not
reimbursed. Employee shall pay any additional costs for spouse and children.
E. Expenses and Reports
All travel expense vouchers must be submitted to the Finance Department within 30 days of the
conference, seminar, or meeting. Expense receipts must accompany the voucher upon submission.
Expenses not accompanied by a receipt will not be reimbursed.
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7.3 CeII Phones
The City of Lino Lakes recognizes that cell phones and smart phone devices are tools needed to
efficiently conduct City business. Issuance of a City -owned cell phone or the payment of a cell
phone stipend serves a public purpose in providing employees with the ability to more effectively
perform job- related duties in providing service to residents.
The City Administrator or department director will determine which positions require a cell
phone and whether the needs are best served through issuance of a City -owned cell phone or
through a City -paid taxable monthly stipend for using their personal cell phones. An employee
who has been provided a City -owned mobile device must have it available during business hours,
emergency responses, and other times as required.
A taxable monthly stipend of $30 will be provided to employees who use their personal smart
phone and need to remotely access network information and respond to email while out of the
office.
Employees who are provided a monthly stipend are responsible for all costs associated with the
purchase, maintenance, replacement, and upgrade of their mobile device and for the cost of
personal cellular service agreements.
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SECTION 8: CONDUCT AND ETHICS
8.1 Conduct as a City Employee
Chapter 204 of the Lino Lakes City Code outlines a Code of Conduct that applies to all "elected,
appointed, and hired officials and employees of the City." Public officials and employees hold
office for the benefit of the public. Elected officials and employees are expected to support and
uphold the objectives of the electorate and the policies that support those objectives.
Standards of conduct are as follows:
A. Disclosure of Confidential Information
No person covered by this code shall, without proper legal authorization, disclose confidential
information concerning the property, government, or affairs of the City, nor shall a person use
such information to advance their own financial or private interests or for any other person.
B. Gifts
Employees are prohibited from soliciting or accepting any gift or gratuity for more than $5.00
from any interested person, whether in the form of money, services, loan, travel, entertainment,
hospitality, promise or any other form. Any "interested person" is any person who has a direct
financial or economic interest in a decision that a City employee is authorized to make.
C. Private Interests
No person covered by this code shall appear on behalf of another's private interest before the
council or a committee, commission or agency of the City, nor shall he or she represent another
private interest in any action or proceeding against the interest of the City in which the City is a
Party-
D. Privileges
Persons covered by this code are prohibited from using their position to secure special privileges
or exemptions.
E. City Property
No person covered by this code shall request or permit the use of city -owned vehicles,
equipment, materials, or property for personal convenience or profit unless provided in City
policy for use by officials or employees in the conduct of official business.
F. Equal Treatment
No person covered by this code shall grant any special consideration, treatment, or advantage to
any citizen beyond that which is available to every other citizen.
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8.2 Political Activity
State law prohibits the City from imposing or enforcing limitations on the political activities of
City employees beyond those established by state law. Employees are not prohibited from
participating in local election campaigns or seeking appointment to public office.
No City employee or official may use their official authority or influence to compel a person to
apply for membership in or become a member of a political organization, to pay or promise to
pay a political contribution, or to take part in a political activity.
An employee elected to a public office may be required to resign or take a leave of absence if the
duties of the elected office interfere with the employee's duties as a City employee.
8.3 Conflict of Interest
The credibility of municipal government is based upon the confidence citizens have in how
public employees and officials render fair and impartial services to all citizens without regard to
personal interest or political influence. City employees and officials must avoid any activity that
suggests a conflict of interest between their private interests and City responsibilities. When an
employee believes the potential for a conflict of interest exists, it shall be the employee's
responsibility to avoid the situation.
8.4 Nepotism
Employment with the City is based on merit and ability. Whenever possible, no appointment
will be made to an immediate family member of an elected official or employee of the City if the
appointment is inconsistent with City policy. This provision does not apply to marital status, as
protected under the Minnesota Human Rights Act. Family members eligible for employment
with the City may be hired only if they will not be working directly for or supervising a relative,
or will not occupy a position in the same line of authority within the organization.
8.5 Omnibus Child Support Enforcement Act
The City of Lino Lakes complies with the guidelines established in the Omnibus Child Support
Enforcement Act. Within 15 days of being hired, the City will submit certain information about
the new employee to the Department of Human Services. Individuals are also required to
voluntarily disclose information regarding court- medical support obligations.
8.6 Workplace Harassment
The City of Lino Lakes is committed to creating and maintaining a comfortable and productive
work environment free of harassment and discrimination. Employees must be free to exercise
their duties without fear of verbal or physical intimidation or duress. The city realizes the
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seriousness of harassment and expresses its earnest desire to prevent the occurrence of such
incidents.
Title 7 of the Federal Civil Rights Act of 1964 and Chapter 363 of Minnesota State Statutes
prohibit discrimination and harassment in the workplace. It is the policy of the City of Lino
Lakes to maintain an environment that is free from offensive conduct, harassment, and
discrimination based on race, national origin, gender, religion, disability, age, marital status,
sexual orientation, or status with regard to public assistance.
It shall be a violation of this policy for any employee, agent, officer, council member or other
City official to engage in offensive or harassing verbal or physical conduct of a sexual nature or
regarding race, national origin, gender, religion, disability, age, marital status, sexual orientation,
or status with regard to public assistance.
The City will investigate all complaints of offensive, harassing, or violent conduct of a sexual
nature to the extent evidence is available to verify the alleged harassment or any related
retaliation.
Sexual Harassment Prevention
It is the City's goal to provide employees with a workplace free from sexual harassment and
conduct that leads to claims of sexual harassment. Because sexual harassment is sometimes
difficult for employees to recognize, the following definition, as defined by the Equal
Employment Opportunity Commission (EEOC), is provided:
Sexual or gender -based offensive conduct or harassment includes unwelcome physical or
verbal conduct directed at an individual because of gender, unwelcome sexual advances,
requests for sexual favors, sexually motivated physical conduct, or communication of a
sexual nature when: (1) it a condition of hiring or promotion; (2) it becomes a factor in an
employee's job duties or assignment; or (3) it creates an intimidating, hostile, or offensive
environment in which to work.
8.7 Reporting Workplace Harassment
Any person who believes he or she have been the victim of offensive conduct of a sexual nature
or harassment based on race, national origin, gender, religion, disability, age, marital status,
sexual orientation, or status with regard to public assistance, should report the alleged conduct
immediately to the appropriate person, such as the department director or City Administrator.
In addition to notifying management, the employee is also urged to document any further
harassment or reprisals that occur after the complaint is made.
The City encourages the reporting party or complainant to use the report form available from the
City Administrator's office or available from the department director, but oral reports are
considered complaints as well. Depending on the nature of the complaint, the City may take
immediate steps, at its discretion, to protect the complainant and other employees or members of
the public pending the completion of an investigation.
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8.8 Drug and Alcohol Testing
The City of Lino Lakes has a vital interest in maintaining safe, healthful, and efficient working
conditions for employees and recognizes that individuals who are impaired because of a
controlled substance jeopardize the health and safety of employees and the public. It is the policy
of the City to provide a drug and alcohol -free work environment.
A. Definitions
1. Collection Site. A place designated by the City where employees with commercial
driver's licenses present themselves for the purpose of providing a specimen of their urine
or to take a breath test to be analyzed for the presence of alcohol.
Controlled Substance. Those substances identified in 49 C.F.R. § 40.21(a), which
includes marijuana, amphetamines, opiates, (including heroin), phencyclidine (PCP),
cocaine, and any of their metabolites within this definition.
3. Commercial Motor Vehicle. A motor vehicle or combination of motor vehicles use in
commerce to transport passengers or property if the motor vehicle (1) has a gross
combination weight rating of 26,001 or more pounds inclusive of a towed unit with gross
weight rating of more than 10,000 pounds; or (2) has a gross weight rating of 26,001 or
more pounds; or (3) is designed to transport 16 or more passengers, including the driver;
or (4) is of any size and is used in the transportation of materials found to be hazardous
for the purposes of the Hazardous Materials Transportation Act. Fire trucks and other
emergency fire equipment are not considered commercial vehicles under this policy.
4. Confirmatory Test. A second controlled substance or alcohol test. For controlled
substance testing, a confirmatory test is a second analytical procedure to identify the
presence of a specific controlled substance or metabolite that is independent of the screen
test and uses a different technique and chemical principal in order to ensure reliability and
accuracy. For breath alcohol testing, the confirmatory test is a second breath alcohol test
following an initial breath alcohol test with an alcohol concentration of 0.02 or higher.
5. Initial Screening Test. An analytical procedure to determine whether an employee may
have a prohibited concentration of alcohol in his or her system. Initial breath alcohol
screening tests will be conducted by utilizing an evidential breath testing device (EBT)
that has met National Highway Traffic Safety Administration (NHTSA) specifications for
precision and accuracy. Initial blood alcohol screening tests will be conducted by the
laboratory in accordance with applicable law. In controlled substance testing, "initial
screening test" means an immunoassay screen to eliminate "negative" urine specimens
from further consideration.
6. Positive Test Result. A finding of the presence of alcohol or a controlled substance, or
their metabolites in the sample tested in levels at or above the threshold detection level.
7. Reasonable Suspicion. A basis for forming a belief based on specific facts and rational
inferences drawn from those facts.
8. Safety Sensitive Position. A job, including any supervisory or management position, in
which an impairment caused by drug or alcohol usage would threaten the health and
safety of any person.
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9. Substance Abuse Professional (SAP). A licensed physician (medical doctor or doctor of
osteopathy), licensed or certified psychologist, licensed or certified social worker,
licensed or certified employee assistance professional, or licensed or certified addiction
counselor (certified by the National Association of Alcoholism and Controlled Substance
Abuse Counselors Certification Commission) with clinical experience in the diagnosis
and treatment of alcohol and controlled substance- related disorders.
B. Persons Subject to Testing
Employees are required to report to work on time and in appropriate mental and physical
condition for work as determined by their supervisor. No employee shall be under the influence
of alcohol or a controlled substance, unless pursuant to a valid medical prescription and used as
properly instructed while the employee is engaged in conducting City business.
Violations of this policy will result in disciplinary action, up to and including termination. A
violation of this policy may also have legal consequences under federal and state laws.
As a condition of employment, each employee of the City must abide by the terms of this policy
and report to his or her supervisor any instance where he or she has been charged under a
criminal drug statute for a violation occurring on or off premises. If the employee's job requires
the ability to drive a motor vehicle, the employee must immediately notify the appropriate
supervisors of any loss, suspension, revocation, cancellation, or limitations of driving privileges.
Under this policy, the City may test any applicant to whom an offer of employment has been
made and may test any employee for alcohol and/or controlled substance under any of the
following circumstances:
1. Pre - Employment Testing. Any job offer for a full -time or part- time "safety- sensitive"
position with the City is conditional upon successful completion of a controlled substance
test, among other conditions. If the job offer is withdrawn based on controlled substance
test results, the City will inform the applicant of the reasons for the withdrawal. A failure
of the controlled substance test, a refusal to take the test, or failure to meet other
conditions of the job offer will result in a withdrawal of the offer of employment even if
the applicant's provisional employment has begun. Temporary and seasonal employees
are not subject to this policy, with the exception of those designated by the hiring
department as safety- sensitive positions.
2. Reasonable Suspicion Testing. The City may require any employee in a safety- sensitive
position to submit to alcohol and controlled substance testing where reasonable suspicion
exists to believe the employee:
is under the influence of alcohol or a controlled substance; or
• has violated written work rules prohibiting the use, possession, sale, or transfer of
controlled substance while on duty or operating a City vehicle or any other
equipment; or
• has sustained a personal injury requiring medical care, or has caused another
employee to sustain an injury requiring medical care; or
• has caused a work - related accident or was operating or helping to operate
machinery, equipment, or vehicles involved in a work - related accident; or
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• Reasonable suspicion may be based upon, but is not limited to, facts regarding
appearance, behavior, speech, breath, odor, possession, proximity to or use of
alcohol or a controlled substance or containers of paraphernalia, poor safety
record, excessive absenteeism, impairment of job performance, or any other
circumstances that would cause a reasonable employer to believe that a violation
of the City's policies concerning alcohol or controlled substance may have
occurred.
Observations for reasonable suspicion testing will be made by a supervisor or other
person designated by the City who has received appropriate training in identification
of actions, appearance and conduct of an employee which are indicative of the use of
alcohol or controlled substance. These observations will be reflected in writing on a
reasonable suspicion record form.
Employees will be driven to the employer approved medical facility by their
supervisor or a designated representative, or an on -site collection service will be
contacted. The medical facility or on -site collection service will take the urine or
blood sample and will forward the sample to an approved laboratory for testing. The
results of any testing will be provided to Administration.
3. Return-to -Duty Testing. Before an employee will be allowed to return to duty, the
employee will undergo a return-to -duty test on a date specified by a Substance Abuse
Professional (SAP) or a Licensed Alcohol and Drug Counselor (LADC). The use of an
LADC or SAP is at the sole discretion of the City. The test must indicate a negative
breath alcohol concentration or a verified negative result for controlled substance use
before the employee may return to work. Prior to a return-to -duty test the employee must
be evaluated by a SAP or an LADC and participate in any recommended education or
treatment program. The SAP or LADC will require a follow -up evaluation to determine
if the employee has successfully completed the recommended program. The SAP or
LADC will provide a written report for the City following the initial and follow -up
evaluations with the employee.
The return-to -duty test is not limited to a specific substance (i.e., the particular drug for
which the employee tested positive). Additionally, if the SAP or LADC determines that a
multiple - substance abuse problem exists, a controlled substance test may be performed in
conjunction with an alcohol test.
4. Follow -Up Testing. Following a determination that an employee is in need of assistance
in resolving problems associated with alcohol misuse or use of controlled substances, the
employee is subject to unannounced follow -up alcohol or controlled substance testing as
directed by the SAP or LADC for a period of up to two years following completion of a
prescribed chemical dependency treatment program. The employee is also subject to all
other required drug and controlled substance testing. A positive test in any follow -up
testing or subsequent test will result in the employee's termination of employment with
the City.
5. Post- Accident Testing. As soon as practicable following an accident involving a
commercial driver operating a commercial motor vehicle on a public road, the City will
test the driver for alcohol and controlled substances in the following circumstances:
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• The accident involves the loss of human life; or
• The driver receives a citation for a moving traffic violation arising from the
accident, which results in an injury or severe damage to one or more motor
vehicles.
A driver who is subject to post- accident testing must remain readily available for such
testing. Drivers who are not readily available for such testing may be deemed by the City
to have refused to submit to testing.
Drivers are required to submit to post - accident controlled substance testing as soon as
possible within 32 hours of the accident. If the driver is not tested within 32 hours after
the accident, the City will cease its attempts to test the driver and prepare and maintain on
file a record stating why the test was not promptly administered.
Drivers are required to submit to post- accident alcohol testing as soon as possible within
two hours; and in any event no more than eight hours after the accident. If the driver is
not tested within two hours after the accident, the City will prepare and maintain on file a
record stating why the test was not administered within that time. If the driver is not
tested within eight hours after the accident, the City will cease its attempts to test the
driver and prepare and maintain on file a record stating why the test was not administered.
In the event of an accident, it is possible that the driver will be directed to submit to a
breath, blood, or urine test for the use of alcohol or controlled substance administered by
a federal, state, or local law enforcement officer. Whenever such a test is conducted by a
law enforcement officer, the driver must contact the City and immediately report the
existence of the test, providing the name, badge number, and telephone number of the law
enforcement officer who conducted the test.
6. Random Testing. Random alcohol and controlled substance testing will be conducted as
follows:
• Alcohol testing will be administered at a number equal to or greater than 10% of the
average number of driver positions. Controlled substance testing will be performed at
a number equal to or greater than 50% of the average number of drivers. Under the
selected process used, each driver will have an equal chance of being tested each time
selections are made. Drivers may be selected for more than one test per year.
• Test will be unannounced and spread reasonably through the calendar year.
• Drivers selected for a random test will proceed immediately to the test site upon
notification of being selected.
• In the event a driver who is selected for a random test is on vacation or an extended
medical absence they will be tested when they return.
7. Emergency Call Back to Work Provisions. If an employee is called back to work for an
emergency and is suspected of being under the influence of drugs or alcohol, he or she
will not be allowed to work and arrangements for transportation to the employee's home
will be made.
8. Right of Refusal. Employees have the right to refuse requested tests. However, refusal to
submit to such tests will result in disciplinary action and will be considered in evaluating
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evidence related to violations of this or other employer policies. An employee who
refuses to be tested shall not be permitted to operate a City vehicle or perform safety -
sensitive work under any circumstances.
9. Cost of Required Testing. The City will pay for the cost of pre - employment, post -
accident, and reasonable suspicion controlled substance and alcohol testing required of all
job applicants and employees. Employees will pay for the cost of all requested
confirmatory retests, return-to -duty and follow -up tests.
C. Prohibition against Controlled Substance and Alcohol
1. Use and Possession of Alcohol or Controlled Substance. Employees are prohibited from
the use, possession, transfer, transportation, manufacture, distribution, sale, purchase,
solicitation to sell or purchase, or dispensation of alcohol or controlled substances while
on duty or while operating any City vehicle, machinery, or equipment except (1) pursuant
to a valid medical prescription used as properly instructed; or (2) the use of over -the-
counter controlled substance used as intended by the manufacturer.
2. While Impaired of Alcohol or Controlled Substance. Employees are prohibited from
having an alcohol concentration of 0.04 or more or any amount of a controlled substance
in their urine or blood while on duty or while operating any City vehicle, machinery or
equipment except (1) pursuant to a valid medical prescription used as properly instructed;
or (2) the use of over - the - counter controlled substance used as intended by the
manufacturer, or (3) as part of authorized duties within the scope of serving as police
officer.
3. Driving While Impaired. A conviction of driving while impaired in a City -owned vehicle
at any time during business or non - business hours or in an employee -owned vehicle while
conducting City business may result in discipline, up to and including discharge.
4. Criminal Controlled Substance Convictions. Any employee convicted under any federal,
state, or local statute for a controlled substance- related violation while operating any City
vehicle, machinery, or equipment, or when performing any City business, must notify his
or her supervisor and the City's Administration Depaitinent, in writing, of the conviction
no later than five days after such conviction. Within 30 days after receiving notice from
an employee of a controlled substance- related conviction, the City will take appropriate
disciplinary action against the employee, up to and including discharge, and require the
employee to satisfactorily participate in a controlled substance abuse program at the
employee's own expense unless provided to the employee through the employee's own
insurance coverage. The City, in its sole discretion, will determine what disciplinary
action is appropriate. In the event notice is not provided to the supervisor and the
employee is deemed to be incapable of working safely, the employee will not be
permitted to work and will be subject to disciplinary action, including dismissal from
employment.
5. Failure to Disclose Lawful Controlled Substance. Employees taking a lawful controlled
substance, including prescription and over - the - counter controlled substances, which may
impair their ability to perform their job responsibilities or pose a safety risk to themselves
or others, must advise their supervisor of this before beginning work. It is the employee's
responsibility to seek out information from his/her physician or pharmacist regarding
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medication and any job performance impairment and relay that information to his/her
supervisor. In the event of such disclosure, the employee will not be authorized to
perform safety - sensitive functions unless a physician provides a release stating the
employee is not impaired by the medication and can safely perform the safety- sensitive
functions.
6. Refusal to Submit to a Required Alcohol or Controlled Substance Test. Employees and
applicants have the right to refuse an alcohol or controlled substance test under this
policy. If an applicant or employee refuses to submit to a required alcohol or controlled
substance test, no test will be conducted. However, such a refusal will be considered a
positive test result, which will disqualify the employee from performing safety sensitive
functions, and result in disciplinary action. The City will provide the employee an
opportunity to participate in either a controlled substance or alcohol counseling or
rehabilitation program, whichever is more appropriate, as determined by the City after
consultation with a SAP or LADC. If the employee refuses to participate in the
counseling or rehabilitation program or fails to successfully complete the program as
evidenced by withdrawal from the program before its completion, or tests positive on a
confirmatory retest after completion of the program, or refuses a follow -up test, the City
will discharge the employee. Participation by the employee in any recommended
substance abuse treatment program will be at the employee's own expense or pursuant to
coverage under an employee's benefit plan. The SAP or LADC will determine if the
employee has followed the rehabilitation program as prescribed. If an applicant refuses
to submit to pre - employment testing, the job applicant will be considered to have
withdrawn his or her application from employment.
For purposes of this section, an employee or applicant refuses to submit to an alcohol or
controlled substance test when the applicant or employee:
• Fails to provide adequate breath for alcohol testing without a valid medical
explanation after he or she has received notice of the requirement for breath testing;
• Fails to provide adequate urine for controlled substance testing without a genuine
inability to provide a specimen (as determined by a medical evaluation) after he or she
has received notice of the requirement for urine testing;
• Fails to report for testing within 30 minutes, or another time frame specified by the
City, when directed to report for off -site testing;
• Fails to remain at a testing site until testing is complete;
• In a case of directly observed or monitored collection, fails to permit observation or
monitoring;
• Fails or declines to take a second test as required by the City and/or collector; or
• Engages in conduct that clearly obstructs the testing process.
Refusal by an applicant or employee to complete and sign required forms, to provide an
adequate breath, blood, or saliva sample, or otherwise cooperate in a way that prevents
the completion of the testing process, constitutes a refusal to test.
D. Review and Notification of Test Results
1. Review by Medical Review Officer. Results of positive controlled substance tests and
positive blood and urine alcohol tests will be sent by the testing laboratory to an
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independent Medical Review Officer ( "MRO ") selected by the City. The MRO is
responsible for reviewing and interpreting test results, reviewing the individual's medical
history to explain a positive test result, and notifying individuals of confirmed positive
test results.
Prior to making a final decision to verify a positive test result, the MRO will give the
individual an opportunity to discuss the test result. The MRO, or a medical staff person
under the MRO's supervision, will contact the individual directly, on a confidential basis,
to determine whether the individual wishes to discuss the test result. If the individual
wishes to discuss the test result:
• The individual may be required to speak or meet with the MRO, who will review
the individual's medical history, including any medical records provided;
• The individual will be afforded the opportunity to discuss the test results and to
offer any additional or clarifying information which may explain the positive test
result;
• If there is some new information which may affect the original finding, the MRO
may request the laboratory to perform additional testing on the original specimen
in order to further clarify the results; and
• A final deteunination will be made by the MRO that the test is either positive or
negative and the individual will be so advised.
If the MRO determines there is a legitimate medical explanation for a confirmed positive
test result, the MRO will report the test result to the City as negative. If the MRO
determines that there is no legitimate medical explanation for a confirmed positive test
result, the MRO will report the positive test result to the City. Based on a review of
laboratory reports, quality assurance and quality control data and other test results, the
MRO may conclude that a particular confirmed test result is scientifically insufficient for
further action. Under these circumstances, the MRO will conclude that the test is
negative.
Job applicants and employees are strongly encouraged to speak with the MRO to provide
any valid explanation for a positive test result. The MRO will verify a test as positive
without talking directly with the individual under the following circumstances:
• The individual expressly declines the opportunity to discuss the test with the
MRO after being contacted by the MRO or the MRO's staff representative;
• Neither the MRO nor the City, after making all reasonable efforts, have been able
to contact the individual within 14 days of the date on which the MRO receives
the confirmed positive test result from the laboratory; or
• The City has successfully made and documented a contact with the individual and
instructed the individual to contact the MRO and more than five days have passed
since the date the individual was successfully contacted.
Once a positive test has been verified by the MRO, it can be re- opened only if the
individual presents to the MRO information documenting that serious illness, injury, or
other circumstances prevented the individual from being contacted as described above. If
the individual expressly declines the opportunity to discuss the test with the MRO after
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being contacted by the MRO or the MRO's staff representative, the test cannot be
reopened regardless of any explanation provided by the individual.
2. Notification of Negative Test Results. In the case of job applicants, Administration will
notify a job applicant verbally of a negative controlled substance result and the hiring
process will resume. A negative test results notification form will also be sent to the job
applicant. The job applicant may request a copy of the test result report from
Administration.
In the case of current employees, negative breath alcohol test results will be
communicated to employees immediately upon conclusion of the breath alcohol test.
Administration will verbally notify the employee and the employee's supervisor of a
negative blood alcohol or urine controlled substance test result. In all cases, a negative
test results notification form will also be sent to the employee. The employee may
request a copy of the test result report from Administration. The employee will receive
back pay for time lost and the City will not take any adverse action based on the negative
test result.
3. Notification of Positive Test Results. Positive breath alcohol test results will be
communicated to employees immediately upon conclusion of the breath alcohol test. In
the case of positive blood alcohol or urine controlled substance test results, the MRO will
contact the employee or job applicant to discuss the positive test result.
Within three work days of receiving a confirmed positive test notification from the MRO,
Administration will send to the supervisor and the employee or job applicant a positive
test results notification letter containing further instructions. The employee or job
applicant may contact Administration to request a copy of the test result report if desired.
4. Right to Provide Information After Receiving Test Results. Within three work days after
notice of a positive controlled substance or alcohol test result on a confirmatory test, the
employee or job applicant may submit information to the City or its MRO to explain the
positive result. If the employee or applicant has tested positive for controlled substance
use, the MRO may request the individual to indicate any over -the- counter or prescription
medication the individual is currently taking or has recently taken and any other
information relevant to the reliability of, or explanation for, the positive controlled
substance test result.
5. Right to Confirmatory Retest. In the case of urine controlled substance testing and blood
alcohol testing, a job applicant or employee may request a confirmatory retest of the
original sample at the job applicant's or employee's own expense after notice of a
positive test result on a confirmatory test. Within five work days after notice of the
confirmatory test result, the job applicant or employee must notify the City or its MRO, in
writing, of the job applicant's or employee's intention to obtain a confirmatory retest.
Within three work days after receipt of the notice, the City will notify the original testing
laboratory that the job applicant or employee has requested the laboratory to conduct the
confirmatory retest or transfer the sample to another laboratory licensed to conduct the
confirmatory retest. The original testing laboratory will ensure that the control and
custody procedures are followed during transfer of the sample to the other laboratory.
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The confirmatory retest will use the same controlled substance and /or alcohol threshold
detection levels as used in the original confirmatory test.
In the case of job applicants, if the confirmatory retest does not confirm the original
positive test result, the City's job offer will be reinstated and the City will reimburse the
job applicant for the cost of the confirmatory retest. In the case of an employee, if the
confirmatory retest does not confirm the original positive test result, no adverse personnel
action based on the original confiiniatory test will be taken against the employee. The
employee will be reinstated with any lost wages or salary for time lost pending the
outcome of the confirmatory retest result, and the City will reimburse the employee for
the cost of the confirmatory retest.
6. Right to Obtain Test Result Report. An employee or job applicant has the right to request
and receive from the City a copy of the test result report on any controlled substance or
alcohol test. Within three work days after receipt of a test result report from the testing
laboratory, the City will inform the employee or applicant of this right.
7. Dilute Specimens.
• Dilute Positives. If the City receives information that an employee has provided a
dilute positive specimen, the City will consider the employee to have tested
positive under this policy.
• Dilute Negatives. If an employee provides a dilute negative specimen, the City
will direct the employee to take a second screening test. The second screening
test will be performed as soon as possible after the City receives word of the dilute
negative specimen.
E. Consequences for Employees Engaging in Prohibited Conduct
1. Job Applicants. The City's conditional offer of employment will be withdrawn from any
job applicant who refuses to be tested or tests positive for any controlled substance as
verified by a confirmatory test.
2. Employees.
• No Adverse Action without Confirmatory Test. The City will not discharge,
discipline, discriminate against, or request or require rehabilitation of an employee
based on a positive test result from an initial screening test that has not been verified
by a confirmatory test.
• Suspension Pending Test Result. The City may temporarily suspend a tested
employee with or without pay or transfer that employee to another position at the
same rate of pay pending the outcome of the requested confirmatory retest provided
the City believes that it is reasonably necessary to protect the health or safety of the
employee, other employees, or the public. The employee will be asked to return
home, and will be provided transportation to his or her home by the City. An
employee who has been suspended without pay will be reinstated with back pay if the
outcome of the requested confirmatory retest is negative.
• First Positive Test Result. The City will not discharge an employee for whom a
positive test result was the first such result for the employee on a controlled substance
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or alcohol test required by the City unless the City has independent grounds for doing
so or the following conditions have been met:
The City has first given the employee an opportunity to participate in either a drug
or alcohol counseling or rehabilitation program, whichever is more appropriate, as
determined by the city after consultation with a SAP or LADC. The City will
determine whether to use an LADC or SAP. Participation by the employee in any
recommended substance abuse treatment program will be at the employee's own
expense or pursuant to the coverage under an employee benefit plan. The SAP or
LADC will determine if the employee has followed the rehabilitation program as
recommended.
• Refusal to Participate in a Treatment Program. If the employee refuses to
participate in the counseling or rehabilitation program or has failed to successfully
complete the program, as evidenced by withdrawal from the program before its
completion, the City will discharge the employee.
• Second Positive Test Result. A second positive confirmed test result will result in
dismissal proceedings against the employee.
• Other Misconduct. Nothing in this policy limits the right of the City to discipline or
dismiss an employee on grounds other than a positive test result in a confirmatory
test, including conviction of any criminal drug statute for a violation occurring in the
workplace or violation of other City personnel policies.
F. Appeal Process
Concerning disciplinary actions taken pursuant to this policy, the appeal procedures are as
follows:
• Job applicants have no right of appeal.
• Probationary, temporary, and seasonal safety - sensitive employees have no right of appeal.
• Full -time and part-time non -union employees will follow grievance procedures included
in this personnel policy.
• Employees covered by a collective bargaining agreement may contact their respective
union representatives.
G. Contact for Additional Information
If you have any questions about this policy or the City's controlled substance and alcohol testing
procedures, you may contact your immediate supervisor or Administration to obtain additional
information.
II. Confidentiality and Privilege
Test result reports and other information acquired in the drug or alcohol testing process are
considered private data on individuals as defined in Minnesota Statute 13.02, Subd. 12. Test
results and other information acquired in the drug or alcohol testing process shall not be
disclosed to a third party individual, governmental agency, or private organization without the
written consent of the employee or job applicant.
Evidence of a positive test result on a confirmatory test may be:
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1. Used in an arbitration proceeding pursuant to a collective bargaining agreement, an
administrative hearing under Chapter 43A or other applicable state or local law, or a
judicial proceeding provided that information is relevant to the hearing or proceeding.
2. Disclosed to any federal agency or other unit or the United States Government as required
under federal law, regulation, or order, or in accordance with compliance requirements of
a federal government contract.
3. Disclosed to a substance abuse treatment facility for the purpose of evaluation or
treatment of the employee.
4. Disclosed to the consulting or treatment professional or drug evaluator. Positive test
results acquired under this drug and alcohol testing program may not be used as evidence
in a criminal action against the employee or job applicant.
8.9 Drug and Alcohol Testing for Commercial Drivers
In accordance with procedures required by the Federal Highway Administration and U.S.
Depai tnient of Transportation drug testing regulations, all drug test results that are initially
positive will be confirmed by a second testing of the primary urine sample using the GCMS
testing method or some comparably accurate method to confiiiii the test result. Any confiiiued
positive test results will be reviewed by a Medical Review Officer to verify a positive or negative
finding.
Alcohol testing will be conducted according to Federal Highway Administration and U.S.
Department of Transportation alcohol testing regulations. All breath alcohol tests will be
performed only on testing equipment approved by the U.S. Depaitalent of Transportation.
To ensure that the policy is clearly communicated to all drivers and applicants to whom offers of
employment or contracts have been made, and in order to comply with applicable federal law,
drivers and applicants are required to review this policy and execute the "Certificate of Receipt"
portion.
Because changes in applicable law and the City's practices and procedures may occur from time
to time, terms of this policy may change in the future, and nothing in this policy is intended to be
a contract, promise, or representation of any specific term or condition of employment except to
the extent required by law. In the event that applicable DOT or FMCSA regulations governing
alcohol and controlled substance use and testing are supplemented or amended, this policy shall
be deemed to have been amended to conform to the applicable regulations. Any revisions to the
Federal Omnibus Transportation Employee Testing Act will take precedent over this policy to
the extent the policy has not incorporated those revisions.
A. Persons Subject to Testing
All employees are subject to testing whose job duties include operating City vehicles that:
1. Have a gross vehicle weight rating of 26,001 pounds or more; or
2. Have a gross combination weight rating of 26,001 or more pounds inclusive of a towed
unit with a gross vehicle weight rating of more than 10,000 pounds; or
3. Are designed to carry 16 or more passengers, including the driver; or
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4. Are of any size and are used in the transportation of materials where the vehicle is
required to be placarded under the Hazardous Materials Regulations 49 CFR part 172,
subpart F (regardless of weight).
All applicants, including current employees, applying for a position where duties include
operating the vehicles described above, will be required to take a drug test after a job offer is
made. The job is contingent upon a negative drug test report.
In accordance with Federal Motor Carrier Safety Administration regulations, firefighters
operating commercial motor vehicles necessary for the preservation of life or property are
exempt from DOT testing requirements.
Every driver will be subject to alcohol and controlled substance testing on a random selection
basis. Drivers will be selected for testing by use of a scientifically valid method under which
each driver has an equal chance of being selected each time selections are made. These random
tests will be conducted throughout the calendar year. Each driver who is notified of selection for
random testing must cease performing safety - sensitive functions and report to the designated test
site immediately. It is mathematically possible that drivers may be selected for more than one
random test per year.
If a driver is selected for a random test while he or she is absent, on leave or away from work,
that driver will be required to undergo the test when he or she returns to work.
At this time, federal law requires the City to test at a rate of at least 50 percent of its average
number of drivers for controlled substance each year, and to test at a rate of at least 10 percent of
its average number of drivers for alcohol each year. These minimum testing rates are subject to
change by the DOT.
B. Removal from Safety - Sensitive Functions
No driver may perform safety - sensitive functions, including driving a commercial motor vehicle,
if the driver has engaged in conduct prohibited by federal law.
No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may
perform or continue to perform safety - sensitive functions for the City, including driving a
commercial motor vehicle, until the start of the driver's next regularly scheduled work day, but
not less than 24 hours following administration of the test.
If a driver tests positive under this policy, or is found to have an alcohol concentration of .02 or
greater but less than .04, the driver will be removed from safety sensitive duties and escorted
home. The driver should not drive home and will be given transportation to his or her home.
The driver will then be placed on a leave of absence until a confirmatory test has been completed.
C. Reasonable Suspicion
A trained supervisor is required to conduct a test for drugs or alcohol if he or she suspects an
employee is under the influence of drugs or alcohol. The suspicion must be based on specific
observations by a trained supervisor concerning the employee's current appearance, behavior,
speech, and smell that are usually associated with drug or alcohol use.
A written record will be made of the observations leading to an alcohol or controlled substance
test and signed by the trained supervisor within 32 hours of the observed behavior, or before the
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results of the alcohol or controlled substances tests are released, whichever is earlier. The record
will be submitted to Administration. When the City has reasonable suspicion to believe that the
driver has engaged in conduct prohibited by federal law, the City must require the driver to
submit to an alcohol or controlled substance test.
If a reasonable suspicion alcohol test is not administered within two hours following the
determination of reasonable suspicion, the City will prepare and maintain on file a record stating
the reasons the alcohol test was not promptly administered and such record will be forwarded to
Administration. If a reasonable suspicion alcohol test is not administered within eight hours
following the determination of reasonable suspicion, the City will prepare and maintain on file a
record stating the reasons the alcohol test was not administered, and will cease attempts to
conduct the alcohol test. If a reasonable suspicion controlled substance test is not administered
within 32 hours following the determination of reasonable suspicion, the City will cease attempts
to administer a controlled substance test and will prepare a record stating the reasons for not
administering the test.
Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or
remain on duty requiring the performance of safety - sensitive functions while the driver is under
the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance
indicators of alcohol use, nor will the City permit the driver to perform or continue to perform
safety - sensitive functions until (1) an alcohol test is administered and the driver's alcohol
concentration is less than 0.02; or (2) 32 hours have elapsed following the determination of
reasonable suspicion.
D. Return -to -Duty and Follow -Up
When an employee tests positive or refuses a test or violates other provisions of DOT and USCG
testing regulations that employee cannot work again in DOT safety - sensitive positions until
successfully completing a Substance Abuse Professional (SAP) evaluation and any subsequent
prescribed education or treatment program.
F. Return -to -Duty Testing
After successfully completing the SAP requirements, the employee may be eligible to return to
work. However, before the City can return the person to work in a safety- sensitive job, a SAP
must determine that the employee successfully complied with the recommended treatment. The
employee must then have a "return-to -duty test" and the test result must be negative.
The SAP will also develop the employee's follow -up testing plan, outlining for the City the
number and frequency of follow -up testing that will take place. The City is responsible for
ensuring that the employee is tested according to the SAP's follow -up plan. These tests can be
for drugs or alcohol or both. The SAP must direct at least six follow -up tests in the first 12
months after the person returns to safety - sensitive duties. However, the SAP can direct more
tests and may extend them for up to five years.
F. Cost of Required Testing
The employee is responsible for paying for all costs associated with requested confirmatory
retests, return-to -duty, and follow -up testing.
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8.10 Professional Appearance
Quality service, a positive attitude, good customer relations, and a professional appearance help
create and maintain a favorable image of the City. Employees represent the City in their daily
contact with residents, consultants, and businesses. The City expects employees to use good
judgment in choosing their attire and in their grooming and personal hygiene.
With the exception of employees required to wear uniforms or outdoor clothing, employees will
adhere to "business casual" attire.
Department directors, with authority from the City Administrator, may make the final
determination as to appropriate attire based on the work environment.
8.11 Computer Use Policy
A. Purpose and Scope
This policy serves to protect the security and integrity of the City's electronic communications
and information systems by educating employees about appropriate and safe use of technology
resources. This policy applies to all individuals granted access to the City's network and
information systems. This policy includes all computers (e.g. desktops and notebooks), as well
as those connected to the City's network.
B. Monitoring & Confidentiality
The City of Lino Lakes reserves the right to inspect any data, emails, settings, or any other
components of a City -owned computer at any time without an employee's consent. By using a
City -owned computer, employees consent to any monitoring that may take place. An audit may
result in the removal of hardware and software if any user is not complying with this policy.
C. No Expectation of Privacy
All technology systems are the property of the City of Lino Lakes. This includes, but is not
limited to, all hardware, software, programs, applications, templates, documents, internal and
external email messages, internet logs, and data files developed or stored by City -owned or
leased technology systems. The City reserves the right to access and retrieve any data, messages,
or files without prior employee consent. Users should have no expectation of privacy in the use
of City technology. This includes personal email messages and Internet logs.
D. Responsibility
Department directors are responsible for the implementation of and adherence to this policy
within their departments. All employees are responsible for reading and following directions
from information technology staff regarding appropriate procedures and precautions to take in
order to protect the City's network system.
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E. Violations of This Policy
Violations of this policy will be treated like other offenses in accordance with the City's
personnel policy.
F. Securing Desktop and Notebook Computers
1. When leaving a desktop or notebook computer unattended, users shall apply the "Lock
Workstation" feature (ctrl /alt /delete) where systems allow.
2. Unattended computers shall be secured from viewing by password protected screen
savers, which should be set to automatically activate after a period of non -use. The period
of non -use shall be for no more than 30 minutes.
3. Desktop computer users shall store confidential and sensitive information on a network
drive (shared directory on the City network) and not the user's hard drive.
4. Computers and monitors shall be turned off at the end of each workday unless you are
instructed otherwise.
5. Users shall not disable or alter security safeguards installed on computers, such as virus
detection software.
6. Additional security requirements may be required for computers containing data governed
by other applicable state and federal laws, including law enforcement data and data
associated with the Health Insurance Portability and Accountability Act (HIPAA).
G. Physical Security Measures
Physical security measures shall be used to secure notebooks, computer media, and other forms
of information storage media containing confidential or sensitive information.
1. Mobile notebook computers actively connected to the network or information systems
must not be left unattended.
Notebook computers left in a vehicle shall not be visible except in police, utility
department, or fire emergency vehicles where the device is mounted to the vehicle
console. If possible, the notebook should be stored in a locked trunk. Weather conditions
should be considered when leaving electronic equipment in a vehicle for long periods of
time. Unattended vehicles shall be locked at all times.
3. Mobile notebook computers, computer media, and any other forms of removable storage
(e.g. diskettes, CD ROMs, zip disks, flash drives) should be stored in a secure location
with a locking cable or stored in a locked cabinet when not in use.
4. Other information storage media containing confidential data, such as paper, files, and
tapes, shall be stored in a secure location or locked cabinet when not in use.
H. Peripheral Equipment
Peripheral equipment (e.g. printers, faxes, copiers) that store, produce, and transfer confidential
or sensitive information, shall be protected from inadvertent or unauthorized access.
All documents containing confidential or sensitive information shall be cleared from printers and
copiers immediately.
49
I. Unauthorized Software
Individual users are prohibited from installing or downloading software applications or
executable files to any City -owned computer without prior authorization from the Finance
Department.
J. Viruses
Desktop and notebook computer users shall not write, compile, copy, knowingly propagate,
execute, or attempt to introduce any computer code designed to self - replicate, damage, or
otherwise hinder the performance of any computer system. Suspected viruses should be reported
immediately to the Finance Department. Viruses shall not be deleted without assistance unless
instructed by the Finance Department.
K. Technical Security
Desktop and notebook computers shall be configured to reduce the risk of inadvertent or
unauthorized access to City information and systems. All computers shall be configured
according to City desktop and notebook configuration standards.
User identification (name) and authentication (password) shall be required to access the
operating system of all desktop and notebook computers.
Local hard drives shall not be accessible when a desktop or notebook computer is booted from
mobile media (e.g., a diskette or compact disk).
City standard virus detection software shall be installed on all desktop and notebook computers,
mobile, and remote devices and shall be configured to check files and scan the system for
viruses.
L. Security
Employees may not share account or password information with another person. Internet
accounts are to be used only by the assigned use of the account for authorized purposes.
Attempting to obtain another user's password is strictly prohibited. Uses are required to change
or obtain a new password if they have reason to believe that any unauthorized person has learned
their password. Users are required to take all necessary precautions to prevent unauthorized
access to Internet services.
M. Passwords
Supervisors are required to report immediately to the Finance Department when an employee
resigns or is terminated. Employees are required to contact Finance when they suspect their
login ID has been compromised or when someone else has obtained their password.
Employees are responsible for maintaining computer passwords by following these guidelines:
• Passwords must be a minimum of eight alphanumeric characters in length and be "complex."
For a password to be complex it must contain three of the following types of characters:
upper case letters, lower case letters, numbers, or special characters found on the keyboard.
• Passwords should not be stored in any location on or near your computer.
• The computer system will prompt employees to update passwords every three months.
50
Password protection of any document is prohibited unless authorized by Finance and the
appropriate department director. This applies to any document stored on any drive (local or
network), which includes diskettes, CDs, DVDs, flash drives, or any other storage device owned
by the City. Any document found with unauthorized password protection will be deleted.
N. Technical Security
Employees are expected to provide reasonable security to their computer workstations and
related IT equipment. When leaving your desk or office for more than 30 minutes, lock your
workstation by pressing the Ctrl -Alt -Del keys. Your computer can be unlocked by doing the
same and then typing in your password. Users should log off the system at the end of each day to
prevent unauthorized use of the City's computer system and data.
Employees are prohibited from connecting a third party to the City's network for the purpose of
remotely controlling the computer without prior approval from Finance. Examples of remote
control programs are PC Anywhere, NetOP, and websites such as GoToMyPC.
All suspected intrusions to the City's network systems by unauthorized persons or employees are
to be reported immediately to the Finance Department.
Portable equipment such as projectors and laptop computers may be removed from City
buildings only for City business. Employees must reserve and check out portable equipment by
contacting the Finance Department. Do not leave equipment in an unlocked vehicle or
unattended area.
0. Licensing
To ensure license compliancy, all software must be purchased by and licensed to the City.
1. Development. Any software programs developed for use by the City becomes the
property of the City. Software programs may not be sold or distributed without prior
approval.
2. City -Owned Software. City -owned software may not be loaded on non -City owned
equipment without prior approval.
3. Copyright Laws. City users are required to abide by software copyright .law and licensing
agreements. If there is any question about the legality of the software and documentation,
it should be directed to the Finance Department.
P. Personal Use
The City recognizes that some personal use of City -owned computers has and will continue to
occur. To prevent abuse of this privilege, personal use is limited to the following:
• Only City employees may use City -owned equipment. Family members or friends are not
allowed to use City equipment or technology resources. Use of another' s computer
without authorization is prohibited.
• Personal use must take place during non -work hours (breaks, lunch hours, before or after
work). Personal use should never preempt work use.
• Personal use of the City's email system for personal correspondence is allowable,
provided it does not interfere with an employee's work and is consistent with all
provisions in this policy.
51
• Limited use of the City's access to the Internet for personal reasons is allowable, provided
it does not interfere with an employee's work and is consistent with all provisions in this
policy. Employees are warned that their individual activities on the Internet may be
monitored and reported.
• Users must use their own media (flash drives, disks) and paper for personal use. No
personal files or data are to be stored on the City's file servers.
Q. Electronic Mail
The City provides employees with individual email accounts for work - related use. Limited
personal use of the City's email system by employees is allowed, provided it does not interfere
with an employee's work and is consistent with all City policies.
It is the responsibility of the employee to protect the confidentiality of their account and
password information. An employee's personal email may be considered "public" data and may
not be protected by privacy laws. Personal email may also be monitored without notice to the
employee.
All email messages should be deleted from the electronic mail system 120 days after receipt. If
retention of any message is warranted beyond that period, the message should be moved to a
permanent storage area.
The following policies pertain to emails of both business and personal content:
• Use extreme caution when communicating confidential or sensitive information via
email. A good rule is to not communicate anything that you would not feel comfortable
being made public.
• Do not correspond by email on confidential communications (e.g., letters of reprimands,
correspondence with attorneys, medical information).
• Do not open email attachments or links from an unknown sender. Delete junk or "spam"
email without opening it if possible.
R. Internet Use
The City provides Internet access for employees to acquire and share information and to
participate in educational and professional development activities. Employees should minimize
unnecessary network traffic that might interfere with the ability of others to make effective use of
this shared network resource.
Use of the Internet through City computers is a privilege which may be revoked at any time for
abusive conduct. Users are responsible for adhering to this policy when accessing the Internet.
Failure to adhere to this policy puts the City and the individual at risk for legal and financial
liabilities, potential embarrassment, and other consequences.
The City retains the right to monitor any employee's use of the Internet without prior notice. The
City may limit Internet activity in order to ensure the most efficient use of this resource.
S. Inappropriate Use
Use of the Internet in manner that is not consistent with the mission of the City, misrepresents the
City, or violates any City policy, is strictly prohibited. Internet use at the City will comply with
all federal and state laws, City policies, and any contract.
52
Individuals should limit their personal use of the Internet. The City allows limited personal use
for communication with family and friends, independent learning, and public service. The City
prohibits the use of mass unsolicited mailings, access for non - employees to City resources or
network facilities, competitive commercial activity, and the dissemination of chain letters.
T. Enforcement
Violations of this policy will result in discipline up to and including suspension or termination.
Additionally, violations of this policy may subject the violator to criminal prosecution under
federal or state law and civil liability. The City reserves the right to limit or remove any user's
Internet access and other equipment access at any time for any reason.
53
SECTION 9: SEPARATION FROM CITY EMPLOYMENT
9.1 Voluntary Resignation
An employee wishing to leave City service in good standing must give two weeks written notice.
Written resignations are considered effective upon receipt by the City. Failure to provide proper
written notice may be cause for denying severance pay and future employment with the City.
Unauthorized absences from work for a period of three consecutive work days may be considered
a voluntary resignation not in good standing.
9.2 Reduction in Force
The City may lay off employees whenever such action is made necessary as provided in the
annual budget by reason of shortage of work or funds, the abolition of a position or because of
changes in organization. Two weeks advance written notice of the lay -off shall be given. An
employee may be transferred to another position if such employee is qualified. Qualifications
and job performance shall be the determining factor for lay -offs.
Employees who have been laid off will be recalled to their former position classification in the
reverse order of their lay -off.
9.3 Termination
Any employee subject to the provisions of this personnel policy may be discharged by the City
for just cause only. Evidence of the following may be sufficient cause for termination, demotion,
or other disciplinary action:
1. Incompetence or misconduct in the performance of duties.
2. Violation of any lawful regulation or administrative order, or an act of insubordination
that results or reasonably might be expected to result in loss or injury to the City or to the
public.
3. Unsatisfactory conduct in job performance resulting from being under the influence of
alcohol or drugs.
4. Use of offensive conduct of language towards the public, municipal officers, or
employees.
5. Carelessness or negligence in the handling, control, or use of City property or
unauthorized use of City property.
6. Inducing or attempting to induce an officer or employee of the City to commit an
unlawful act or to act in violation of a regulation or order.
7. Dishonesty in the performance of duties.
8. Conviction of a crime directly related to the employee's position with the City.
54
9. Making false or misleading statements while conducting City business, or falsifying
timesheets, reports, records, or documents.
10. Excessive tardiness or absenteeism, or abuse of leave.
The particular dismissal, demotion or suspension shall be based on the facts and circumstances
involved. The City may take disciplinary action while pursuing criminal prosecution against an
employee.
9.4 Severance Pay
An employee who has completed 10 years of service with the City and who leaves employment
in good standing shall receive severance pay equal to 50 percent of the employee's current hourly
pay rate. The maximum amount of severance pay shall be limited to a maximum of 480 hours.
55
SECTION 10: DISCIPLINARY HEARINGS
10.1 Request for Hearing
When a regular full -time for part-time employee is dismissed or demoted for disciplinary
reasons, the employee will be entitled to a hearing pursuant to this section of the Personnel
Policy.
If the employee is exonerated and reinstated to his or her former position, the rights of the
employee will be retroactive to the effective date of the disciplinary action.
10.2 Pre- Termination (Loudermill) Hearing
The Loudermill hearing, which serves as an initial check on the employment decision, will be
conducted in accordance with federal law as provided in Cleveland Board of Education v.
Loudermill. The employee will be given an opportunity to respond to the charges and present
reasons to the City Council why the discharge should not occur. Probationary employees are not
entitled to such a hearing.
10.3 Post - Discharge Hearing
For a post - discharge hearing, the employee must first submit a written request to the City
Administrator within 15 calendar days after receiving written notice of the discharge. The
hearing before the City Council will be held no later than 10 calendar days from the date City
Administrator's receipt of the written request for a hearing.
If an employee is not satisfied with the decision of the City Council after the hearing, he or she
may within seven calendar days submit the matter to a final hearing to be held by of board of
three arbitrators: one appointed by the City Administrator, on by the employee, and the third
selected by the two previously designated. By mutual agreement, the employee and the City
Administrator may elect to appoint a single arbitrator through the Bureau of Mediation Services.
The cost of the hearing shall be divided between the employee and the City.
10.4 Veterans' Preference Hearing
A discharge hearing for a veteran employed with the City will be in accordance with state and
federal law. Any veteran who has been notified of the intent to discharge from City employment
will be notified in writing of such intent to discharge and of the veteran's right to request a
hearing within 60 days of receipt of notice. The failure of the veteran to request a hearing within
the provided 60 -day period will constitute a waiver of the right to a hearing and all other
available legal remedies for reinstatement.
If a veteran is a member of a labor union whose collective bargaining agreement provides for
binding arbitration, the veteran may take advantage of both hearing processes.
56
Lino Lakes Police Department
Organizational Assessment
Prepared By:
John Swenson
Public Safety Director / Chief of Police
May 1, 2012
Lino Lakes Police Department
Organizational Assessment
Background
City Administrator Jeff Karlson was directed by the City Council to complete an organizational
assessment in October, 2010. This directive stemmed from a May 2009 strategic planning session
conducted by Lynn & Associates. During this strategic planning session, a key strategic goal was to
"study, measure and improve core work processes to deliver effective and efficient services and
programs."
Mr. Karlson completed a comprehensive assessment of all city departments, with one exception. Mr.
Karlson only assessed the front office staff and Community Relations Coordinator position within the
police department. This stemmed from the hiring of a new Chief of Police in April 2011, and the
decision was made to have the new Chief of Police conduct the organizational assessment. The initial
time set for the Chief was July 1, 2012 for completion of the organizational assessment.
Mr. Karlson's organizational assessment came with several recommendations, one of which directly
impacted the police department. Mr. Karlson's assessment determined that both front office
employees were performing the same job tasks; therefore, Mr. Karlson recommended that both
positions be classified as Records Technicians. Mr. Karlson brought this recommendation to the Council
on June 27, 2011, and the job re- classification was approved.
On March 30, 2012 the Community Relations Coordinator resigned, which created a situation that
required the Chief of Police to complete the organizational assessment of the police department prior to
the July 1, 2012 deadline.
Front Office Staff
The police department has two full time Records Technicians. The primary duties of the Records
Technicians include:
• customer service at the police department service window
• review, code, and scan all police reports and related documents to records management system
(RMS)
maintain police department records
respond to all data requests from the public
• complete records checks for Public Service Department, permit to purchase firearms
applications, respond to other agencies' records inquires
• maintain the Court Subpoena calendar for all sworn personnel for both the City and County
Attorneys
• manage the Harassment /Restraining Order file
• serve as the Technical (TAC) with Minnesota Bureau of Criminal Apprehension
• assist front office volunteers
• general clerical assist
The current level of staffing is required due to daily mandatory tasks and timely processing of police
reports as required by state and federal mandates.
Community Service Officer
The police department employs two part time Community Service Officers (CSO). The CSO program is
designed to serve as recruitment tool for the Police Officer position. The CSOs are enrolled in either a
Criminal Justice or Law Enforcement program and are limited to three years of employment with the
police department.
During a department restructuring that took place in 2008, the police department employed four part-
time CSOs. The CSOs primary duties are:
respond to ordinance calls for service
delivery of packets to elected officials and City Commission members
delivery and pick up of evidence and /or other items from Anoka County Lab, BCA Lab, or other
locations as directed
•
•
•
assist patrol officers as directed to maximize sworn staff availability
coordinator and /or assist at various community events
cover Front Office staff during vacations and training
other duties as assigned.
Currently the police department employs two part -time CSOs, which requires the police department to
utilize sworn staff to perform some duties that had been performed by CSOs in the past. This is not the
preferred method of staff utilization but the difficult economic times of the last several years have
required tough staffing decisions.
Officer
The police department employs eighteen Police Officers. The officer rank is currently assigned as
follows.
• 2 - Investigators (3 year assignment)
• 2 - School Resource Officers (1 assigned in the Middle School & 1 assigned to the 3 elementary
schools)
•
1- Drug Enforcement Agency (DEA) Task Force Officer
1— Preventative Policing Officer (PPO)
12 — Officers assigned to patrol
The City of Lino Lakes has one of the lowest crime rates in Anoka County and the police department's
primary goal is to further lower our crime rate through a proactive /preventative policing model. The
deployment of department staff is reflective of this model and maximizes department staff to further
our department mission.
The Patrol Division is divided into 4 patrol teams working 12 hour shifts. This shift configuration has
afforded the department an opportunity to enhance our staffing model, which has resulted in better
patrol coverage for our community, increase safety for officers, and the ability to proactively address
crime trends in a preventative manner.
Sergeant
The police department employs five Sergeants consisting of four Patrol Sergeants and one
Administrative /Investigation Sergeant. The Sergeant rank provides first line supervision of department
personnel and plays an integral role in the management of the department. Each Sergeant has
additional administrative duties assigned to them. Below is a list of those duties:
• Grant Research and Proposal
• Training Coordination Management
• Explorer Program
• Chaplain Program
• Public Information Officer
• Community Emergency Response Team
• Crime Prevention Through Environmental Design
• PTO
• Equipment Management
• Police Reserve Unit
• Special Events
• Predatory Offender Point of Contact
• Traffic Safety Coordination
• Youth Safety Education
• Taser Coordination
• Anoka County Peer Support
• Preventative Policing
• Forfeiture Management
•
•
•
Evidence /Property Management
Mediation Services Contact
Lethality Assessment Coordination
Public Safety Citizens Commission
The Sergeants assigned to the Patrol Division work 10 hour shifts. This shift configuration enables the
police department to have all Sergeants work on the same day at least twice per month, which allows
the management team to conduct regular and consistent Supervisor meetings. These meetings have
resulted in better communication, enhanced employee engagement, and the creation of the LLPD
Action Plan.
Administrative /Management Team
The Administrative /Management Team of the police department consist of the Chief of Police, Captain,
and Community Relations Coordinator (CRC).
The CRC position is currently vacant and is budgeted at the .75 full -time equivalent. This position was
established in February, 2008 as part of a department reorganization to better position the police
department to utilize volunteers to enhance public safety service delivery. This position is a command
level position to enable the delegation of tasks and supervision of both sworn and non -sworn police
department staff.
The police department has one Captain position that serves as the second in command. The Captain
oversees department operations, provides direct supervision of all Sergeants, and has taken on
significant IT related matters.
The Chief of Police is charged with oversight of the entire police department and is the primary contact
for community members, elected officials, City staff, and strategic public safety partners.
In addition to supervising all police department staff and tasks the Management Team duties include:
• Emergency Management
• Supervision -Front Office /CSO
• ACE Management
• Volunteer Coordination
• Crime Prevention
• Court Notification Management
• Community Relations
• Supervision- Sergeants
• Grant Management
• Payroll Recordkeeping
• Overtime Scheduling /Billing
• Department Data Files
• IT Coordination
• Budget Management
• Purchasing
Recommendation
The vacant CRC position has provided the police department with an opportunity to conduct an
assessment of the department in order to identify any potential cost saving measures to assist with
current difficult budgetary times.
The CRC position significantly increased the police department's use of volunteers and community
engagement. Utilization of volunteers within the police department has enabled sworn staff to
maximize their presence in the community. Furthermore, the volunteers serve as a conduit for the
police department in our community for public safety communications.
The police department believes that staffing a command level position to oversee the duties previously
managed by the CRC is vital to maintain current service levels. If the police department were to pursue
the hiring of another CRC, it would result in an increase to the police department budget. However, we
believe that reorganizing the police department would result in budget savings while maintaining
current service levels.
It is recommended that the police department create a second Captain position. This position would be
filled with one of the current Sergeants, which would create a promotional opportunity for one officer
to be promoted to the rank of Sergeant. The police department would not hire a new police officer to
back fill; rather the Elementary School Resource Officer position would be eliminated. This would
ensure that current staffing levels are maintained by re- allocating the Elementary Officer position into
the Patrol Division.
The Elementary School Resource Officer is completely funded by the City with no financial assistance
from the Centennial School District. The Elementary School Resource Officer is assigned full -time during
the school year to the three elementary schools in Lino Lakes and teaches all DARE instruction. Staff is
currently meeting with the Centennial School District officials to determine how the police department
can continue to have a positive presence in our community's elementary schools. The police
department recognizes the importance of a positive police presence in the schools and will ensure that
we are engaged in our community's elementary schools.
The total budget savings recognized in 2012 is estimated to be $39,616.75 and $65,5530 in 2013. Below
is a full financial break down:
2012
2013
Promotion of
Captain **
$ 3,660.00
$ 7,320.00
Promotion of
Sergeant **
$ 2,280.00
$ 4,560.00
Cost of
Promotional
Testing
$ 7,500.00
$ -
Cost of
Promotions
$ 13,440.00
$11,880.00
Budgeted
Amount
$ 77,433.00
$ 77,433.00
Amount Spent on
Community
Relations
Coordinator (CRC)
in 2012 01
$ 29, 982.00
Grant
Reimbursement
$ 5,605.75
Total Expense for
CRC
$ 24,376.25
Total Savings
$ 39,616.75
$65,553.00
* The amounts ** Amount
listed for Captain reflects the
Sgt. Promotion increased
costs reflect wages,
wages for Quarter PERA,
3 & 4 of 2012 Medicare &
Worker
Comp
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1
WS — Item 6
WORK SESSION STAFF REPORT
Work Session Item No. 6
Date: May 7, 2012
To: City Council
From: Julie Bartell, City Clerk
Re: Charter Commission Communications
Background
On May 1, 2012, I received the attached communications from the Lino Lakes Charter
Commission with a request to forward both to the council's next work session.
The first e -mail requests that the city council authorize funding for the commission's
review of the council proposed charter amendment.
The second e -mail forwards a proposed charter amendment to the council. The
commission is recommending that this charter amendment be approved by ordinance.
The process for consideration of an amendment by ordinance is established in Minnesota
Statutes, Section 410.12, Subd. 7 (attached for your reference). Community
Development Director Grochala will be present at the work session to review the
proposed amendment with the council.
Attachments
Two e -mail communications from the Lino Lakes Charter Commission
Minnesota Statutes, Section 410.12, Subd. 7
Julie Bartell
From: Caroline Dahl <denali2010 @q.com>
Sent: Tuesday, May 01, 2012 1:25 PM
To: Julie Bartell
Cc: lillydogcute; denali2010
Subject: Charter Estimate
Importance: High
(May 1, 2012)
Hi Julie,
Below is our attorney's estimate for reviewing the City Council's proposed Charter amendment. Please forward
to the Mayor and Council for the Council's work session May 7th. The Charter Commission is requesting an
additional $1400.00 to cover legal review of the City Council's proposed Charter amendment.
Thank you,
Caroline Dahl Vice Chair
Lino Lakes Charter Commission
Caroline,
I would estimate this will need a budget of about $1400 for analysis, review, and meeting to discuss and address
the proposed charter amendment.
Karen E. Marty
i ARTY LAW FIRM, LLC
Karen E. Marty
MARTY LAW FIRM, LLC
3800 American Blvd. W., Suite 1500
Bloomington, MN 55431
952- 921 -5859
651- 294 -1026 (fax)
1
Julie Bartell
From: Caroline Dahl <denali2010 @q.com>
Sent: Sunday, May 06, 2012 10:33 PM
To: Julie Bartell
Cc: lillydogcute; denali2010
Subject: Additional Background Information for City Council Regarding Charter Exempt Zones
Attachments: 07 -17 -08 Charter Approved.doc; Charter Memo- Duffy.pdf; Charter Memo- Trehusl .pdf;
Charter Memo- Trehus2.pdf
Importance: High
* *Julie, Please email this out immediately (Monday) morning and also hand out this information to the Mayor
and Councilmembers at worksession Monday evening.
Thank you, Caroline Dahl Vice Chair Lino Lakes Charter Commission.
Lino Lakes Charter Commission
May 6, 2012
Dear Mayor and City Council,
This is additional background infouuation (this letter replaces the emailed memo you received in your packets),
regarding Charter Exempt Zones.
1. July 7, 2008 from Michael Grochala
Charter/Response to Charter Questions (in two sections)
2. Charter Approved Minutes of July 17, 2008
Page 2 Lines 54 — 86 under Old Business A. Update on Charter Exempt Zones
3. Emailed letter from Chair Duffy to Council on July 18, 2008 recommending repeal of Section 8.07
of the existing Charter
4. Charter Draft Minutes of April 12, 2012 (below)
Additional Agenda Item: Discussion of Tax Exempt Zones
MOTION by Commissioner Bretoi, seconded by Commissioner Bartsch, that the Chair formally communicate
to the City Council that the Commission is in favor of removing tax exempt zones by ordinance.
MOTION (as amended) by Commissioner Bartsch, seconded by Commissioner Sutherland: As it relates
specifically to the Charter Exempt Zones the Commission Chair will submit letter to the council to open
discussion that this be handled consistent with the July 17, 2008 proposal.
Cordially,
Chris Lyden Chair
Lino Lakes Charter Commission
CC: City Clerk, Julie Bartell
i
MEMORANDUM
DATE: July 7, 2008
TO: Mike Trehus, Charter Commission
FROM: Michael Grochala, Community Development Director
RE: Response to Questions
Below are my responses to the questions contained in your June 24, 2008 e-mail. My
response is underlined and in bold.
1) If the City's most recent Charter amendment proposal were to be adopted and the
exempt zones and their opt-out rights removed, would the residences who
currently have sewer available but aren't hooked up yet then become subject to
assessment for those existing utilities? In other words, would these properties be
assessed retroactively once the charter change took effect, or would they
grandfathered in, and wouldn't pay any money until the time of the hookup?
The amendment proposal has no effect on the residences who already have
utilities available. As with properties outside the charter exempt areas not
previously assessed, a connection charge would be collected at the time of hook
LIE
2) If the exempt zones are removed, could the assessment amount and/or hookup
charges for any future project(s) be any different for any of the properties
currently in any of the exempt zones than how those properties would be treated if
the exempt zones remain?
No. Whether You are in or out of the exempt zone does not have an impact on
the assessment amount or hook-up fee. The assessment amount or hook up fee
may vary based on the project costs and the benefit received. The hook-up
charge is increased annually to compensate for inflation and construction cost
increase. This cost is applied uniformly to both exempt and non exempt
properties.
JACharter\Re3ponse so Charter Questions.dot
Over the past 16 years, some of these residential properties have been protected
by the opt-out clause while the ownership, land use, and makeup of their
neighborhoods has changed, in part due to non-residential zoning. Would
removing the exempt zones and opt-out rights suddenly leave these property
owners susceptible to expenses they might otherwise be protected from? Beyond
this, do you see any way they might be harmed if the zones are eliminated? Is
there any way a similar susceptibility could come about affecting any of the other
properties in any exempt zone?
Under the existing charter provisions an individual, owner occupied, single
family residential unit within the charter exempt areas can opt out. Under the
proposed amendment all property owners city wide are treated equally. If the
exempt zones are eliminated than they could not opt-out individually, but rather
would be subject to the decision of the majority of property owners within a
specific project area.
4) What might be the impact to the property values of the lots that would lose the
opt-out rights (if any)? Additionally, could removing the exempt zones affect the
property values of any of the properties in these 3 zones?
No. The charter provision does not have any apparent relationship to property
values. We sent this question and the proposed amendment to Mike
Sutherland, Anoka County Assessor. His response was that the proposed
amendment would not cause them to automatically adjust any property values.
Property values are based on the market place, indicated by records of property
sales.
5) In all 3 zones, could changing the rules governing assessable projects as is being
proposed give any of those owners legitimate grounds to sue the city for damages
(or incurred costs)?
No. What would the damages be? Assessments, as governed by state law, are
based on the special benefit received as a result of the project.
6) The Commission is looking for "before and after pictures" of how the proposed
changes would/could affect these properties. Is there anything else you can
provide to help accomplish this?
As noted in question no. 3, the only difference is that these properties would be
subject to the same requirements as everyone else in the city. They could not
opt-out individually. but rather would be subject to the decision of the majority
of property owners within a specific project area.
Please feel free to contact me with questions at (651) 982-2427.
3:\Charter\Responsr.- to Charter Quzstioos.dot
Charter Commission
July 17, 2008
Page 2
APPROVED
44 APPROVAL OF MINUTES — JUNE 18, 2008
45
46 Commissioner Bretoi requested lines 72 and 73 be amended to read "Commissioners Gunderson
47 and Bretoi prefer to vote in favor of something versus petitioning against something."
48
49 MOTION by Commissioner Zastrow, seconded by Commissioner Bretoi, to approve the June 18,
50 2008 Charter Commission meeting minutes, as amended. Motion carried unanimously.
51
52 OLD BUSINESS
53
54 A. Update on Charter Exempt Zones
55
56 Chair Duffy presented the email correspondence from Ms. Marty dated July 16, 2008 regarding
57 Q &A on Charter Exempt Zones, and the memo from Michael Grochala, Community
58 Development Director, dated July 7, 2008 in response to questions submitted to him by
59 Commissioner Trehus on June 24, 2008.
60
61 Commissioner Trehus stated he asked Mr. Grochala if he had had any conversations with
62 residents in exempt zones regarding the Charter amendment; Mr. Grochala replied he had not.
63
64 Commissioner Minar arrived at 6:51 p.m.
65
66 Commissioner Lyden suggested that letting the exempt zones go would be a viable option to
67 pursue.
68
69 Commissioner Trehus stated he could not think of any way those residents in the exempt zones
70 would be detrimentally affected and this would give them the same rights as all other residents.
71
72 Commissioner Lyden expressed some concern regarding the impact to property values of the lots
73 that would lose their opt out rights based on the response given by Mr. Grochala to question #4.
74
75 Commissioner Carlson suggested that rather than putting this on the ballot, the Commission
76 could request an ordinance change.
77
78 Commissioner Trehus concurred and stated there are only a few properties involved. He added
79 there are currently three exempt zones in the City and a provision was placed in the Charter that
80 specifically applies to them that indicates they do not have to pay assessments until such time as
81 they hook up; these properties would then be under the same Charter as everybody else in the
82 City.
83
84 MOTION by Commissioner Zastrow, seconded by Commissioner Carlson, to send a proposal to
85 the City Council to approve by ordinance the elimination of Section 8.07 from the existing
86 Charter. Motion carried unanimously.
87
2
(Sent via e-mail-July 18, 2008)
July 18, 2008
Dear Honorable Mayor Bergeson:
The Lino Lakes Charter Commission has received and reviewed the 2008
Council's Task Force Amendment proposal. In response, on July 17, 2008, the
Commission voted to reject this proposal. In addition, the Commission voted to
recommend that the city council repeal Section 8.07 of Chapter 8 of the existing City
Charter by ordinance pursuant to Minnesota State Statutes 410.12 Subd. 7.
The Charter Commission recommends the repeal of Section 8.07 of the existing
Charter because it agrees with the current city council that having special provisions
for certain segments of the city are not in the city's best interests. The Commission
feels that it is best that the entire city abide by the same set of rules.
The Commission finds in the proposed Council Task Force amendment that the
neighborhood process to decide potential improvements is confusing, conflicting,
and unworkable. Also, the Commission wants to keep residents' rights to
referendum on street reconstruction projects. After careful review and deliberation,
the Charter Commission has determined that the revised Council Task Force
amendment does not adequately meet the needs of the citizens of Lino Lakes.
Respectfully,
Cori Duffy
Chair, Lino Lakes Charter Commission
cc: Julie Bartell, City Clerk
MANAGEMENT TEAM'S
Monthly Progress Report
May 7, 2012
Item
Last Action Taken
Staff
Status
Conversion to Paperless
Council Packets
Labor Negotiations
12/5/11 Council expressed support for
this initiative if there is a cost saving
Jeff
Included on the May 7 work
session agenda
AFSCME — 2012 contract approved @ 1% beginning 12/30/12
49er's — Met 4/19/12; union is going to wait for police to settle
LELS (Police) — Last met on 2/16; Police asking for 2% wage incr. in 2012 & 2013
LELS (Sergeants) — Met 4/13 and 5/1; asking for 1% 1/1/12 + 1% 12/30/12 & 2% in
2013
*I suggest we schedule a closed meeting on May 14 after the regular Council meeting.